Act No. 247 / 2017 Coll.
Act amending Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps, as amended
Valid
Law
Effective from 01.01.2018
247
THE LAW
of 19 July 2017
amending Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps, as amended by Act No. 186 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 586 / 2004 Coll., Act No. 626 / 2004 Coll., Act No. 169 / 2005 Coll., Act No. 253 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 530 / 2005 Coll., Act No. 189 / 2006 Coll., Act No. 531 / 2006 Coll., Act No. 375 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 306 / 2008 Coll., Act No. 326 / 2009 Coll., Act No. 341 / 2011 Coll.
1. The following Section 11a is inserted after Section 11:
Test period
A probationary period of 6 months shall be fixed upon recruitment. The period during which a member does not perform a service due to obstacles to service on the part of the member shall be counted against the probationary period for a maximum period of 10 days. ';
2. in Articles 15 (6), 79 (6) and 85 (4), the words ", General Inspection of Security Councils" shall be inserted after the words "intelligence services."
3. in Articles 15 (7), 49 (3), 79 (7) and 104 (2), the words "and intelligence services" shall be replaced by the words "intelligence services and general inspection of the Security Corps."
4. In Article 17 (1) (g), "a 'is replaced by" a';
5. In Article 17, at the end of paragraph 1, the dot is replaced by "a 'and the following point (i) is added:
"(i) trial period."
6. In Article 18 (2) and in Article 19 (2), second sentence, "4 'is replaced by" 5'.
7. In the second sentence of Paragraph 22 (1), after the word "rank ', the word" officer' is deleted, the word "a 'is replaced by a comma, and after the words" senior assistant' the words "and the inspector 'are inserted.
8. In Paragraph 22, the following paragraph 3 is inserted after paragraph 2:
"(3) A member who has received a secondary education with a graduate examination may apply for a vacancy, with the exception of a requirement for a duration of service for a post for a post of up to 2 degrees higher, and has achieved at least a very good performance in the performance of the service, as the end of the service. '
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
9. In Article 22 (4), the words "higher 'and" 2 or more degrees higher' are inserted after the words "fixed '.
10. in Paragraph 22 (5), the words "or 3" are replaced by the words "3 or 4";
11. in Paragraph 39 (1) of the introductory part of the provision, the words "the same or" shall be inserted after the word "fixed."
12. in Paragraph 41, the following point (a) is added:
"(a) cancellation in probationary period,"
Points (a) to (d) shall be renumbered (b) to (e).
13. The following Section 41a is inserted after Section 41, including the title:
Termination of a probationary service
During the probationary period, the Security Council or a member may terminate the service without giving cause. The service shall end within five calendar days of the date of service of the decision of the official to the member or the written notification of the member to the Security Corps, but not later than the end of the trial period. ';
14. In Paragraph 42 (4), the words "within 2 months of the date on which the reason for the dismissal was ascertained 'are replaced by" without undue delay'.
15.
Overtime service
(1) An overtime service shall be considered to be above the basic duty period of the week outside the shift.
(2) A member may be ordered an overtime service in the important interest of the service.
(3) On average, the total amount of overtime may not be more than 10,5 hours per week in the balancing period, which may not exceed 52 weeks consecutive.
(4) An officer may be ordered for a period of crisis or, in exceptional cases, for the necessary time in the public interest, an overtime service and beyond the scope set out in paragraph 3.
(5) The total maximum permissible overtime service in the balancing period referred to in paragraph 3 shall not include the overtime service for which the member has been granted a replacement leave and the overtime service for a member with a shorter service period in the week which does not exceed the basic service period of the week. ';
16. The following Section 54a is inserted after Section 54:
Days of work rest and service on holiday
(1) Days of work rest are days on which there will be continuous rest in the week, and holidays.
(2) Only the performance of a service which cannot be performed on the normal day of the service, in particular when ensuring a continuous service on duty, may be ordered to the member on the holiday. '
17.
Reduction of leave
(1) A member shall be reduced by one twelfth of the amount of leave for the first 90 days of incapacity for service and by another one twelfth of the amount of leave for each additional 30 days of incapacity for service, unless he has performed the service in the calendar year for which he is granted, on account of incapacity for service, except for incapacity arising as a result of an accident or occupational disease and ordered quarantine arising in connection with the performance of the service.
(2) A member shall be reduced by one twelfth of the period of leave for each 30 days missed, unless he has performed a service in the calendar year for which the leave is granted for reasons of:
(a) inclusion in the advance for temporarily unclassified, student or unpaid advances, with the exception of the inclusion in the advance paid on account of parental leave granted to a member to the extent that the member is granted maternity leave;
(b) a discharge if he has not received a service income; or
(c) the exercise of custody.
(3) The periods referred to in paragraphs 1 and 2 shall be calculated on calendar days and shall be aggregated in the calendar year. ';
18. In Paragraph 103 (1), the words "unemployment or retraining aid 'are replaced by the words" not registered in the employment register'.
19. In Paragraph 109 (1), "CZK 200,000" is replaced by "CZK 400,000" and "CZK 100,000" is replaced by "CZK 240 000."
20. In Paragraph 112 (2), at the end of the first sentence, the words "taking place at a time of crisis' shall be added.
21. in Paragraph 113, the following point (e) is inserted after point (d):
"(e) the fee for the service on the holiday,"
Points (e) and (f) shall be renumbered as points (f) and (g).
22. in Article 113 (f), the word "a" is replaced by a comma, at the end of point (g) the dot is replaced by the word "a" and the following point (h) is added:
"(h) overtime service income."
23. in Paragraph 115, the following paragraph 3 is added:
"(3) The basic tariff scale shall be determined by the Government by a regulation."
footnote 56 is deleted.
24. § 115a is deleted.
25. In Section 119, the words "Staff Regulations' shall be added at the end of the second sentence.
26. The following Section 119a is inserted after Section 119:
Sport representation supplement
A member who performs a service related to the exercise of sports activities, state representation or coaching activities shall be entitled to an additional fee for sports representation of between CZK 5,000 and CZK 25,000 per month. It shall be set within the margin by the Director of the Security Corps by the Staff Regulations. ';
27. In Paragraph 120 (3), the amount "CZK 3,000" is replaced by "CZK 5,000," the amount "CZK 6,000" is replaced by "CZK 10,000" and the amount "CZK 4,000" is replaced by "CZK 5,000."
28.
Replacement leave and holiday service surcharge
(1) A member shall be entitled to a replacement leave for each hour of service on the holiday. Where the Security Board does not grant a member a replacement leave within 3 calendar months of the performance of the service on a public holiday, the member shall be entitled to a supplement of 25% of the granted basic tariff, a personal surcharge, a special surcharge and a charge for the management, which shall be payable for each such duty-free hour in the calendar month in which the service is performed.
(2) The service income shall not be reduced during the period of taking the allowance. "
29. In the first sentence of Article 125 (1), the words "over 150 hours in a calendar year 'are replaced by the words" this does not apply to an overtime service of 150 hours in a calendar year held at a time of crisis' and in the second sentence, the words "a 'are replaced by a comma and the words" a special surcharge' are inserted after the words "and a charge for management '.
30.
Procedure for the provision of overtime, the public holiday allowance and the remuneration for duty leave
When providing the service for overtime, the allowance for the service on a public holiday and the remuneration for the duty on a public holiday, the Security College shall add up the total overtime, the total service on a public holiday and the total period of the service which the member has been on a calendar month. ';
31. After Paragraph 135, the following Section 135a is inserted:
Recruitment allowance
(1) Where necessary to ensure the availability of vacant posts, the Director of the Security Corps may provide for a staff member to receive a recruitment allowance.
(2) The recruitment allowance can be awarded in the range of CZK 30,000 to CZK 150,000. The specific amount of the recruitment allowance in the Security Corps shall be determined by the Director of the Security Corps by the Staff Regulations.
(3) A staff member may be granted a recruitment allowance if:
(a) the Director of the Security Corps shall provide that the members may be granted a recruitment allowance;
(b) the probationary period has elapsed for the member;
(c) the service of a member lasts less than 1 year;
(d) a recruitment allowance has not been granted to the member in the past; and
(e) the member agrees to grant the recruitment allowance.
(4) A member to whom a recruitment allowance has been granted shall remain in service for a period of 6 years.
(5) If a member fails to fulfil the obligation to remain in service for the period referred to in paragraph 4, he shall be obliged to return part of the recruitment allowance paid, which shall be determined in proportion to the period during which the member has fulfilled the obligation to remain in service. The obligation to return part of the recruitment allowance paid shall arise only if the member's employment is terminated by dismissal pursuant to Article 42 (1) (a) to (f), (i) and (m) or Article 42 (3) (c).
(6) Until a member remains in the service relationship referred to in paragraph 4, the period shall not count:
(a) a discharge if the member has not been paid the difference by which his service income has been reduced;
(b) the inclusion in the advance unpaid, except for that advance on grounds of parental leave granted to a member to the extent that the member is granted maternity leave; or
(c) inability to serve for more than 1 month. ';
32. in Article 149 (1) (a), "1 and 4" is replaced by "1, 4 and 5."
33. in Article 164 (3), the word "triple" is replaced by "twelve times."
34. In the second sentence of Paragraph 186 (3), the words' must hear 'shall be replaced by' hear 'and, at the end of the text of the second sentence, the words' shall be added '; a service officer may not conduct an interview unless it is necessary to exercise the rights of a member whose disciplinary action or conduct has the characteristics of an infringement'.
35. in Paragraph 186 (8), the words "for a breach of an obligation resulting from a restriction on the rights of a national, for a conduct in which a member has infringed a service promise," shall be deleted;
36. In Article 191 (1), the words "Prime Minister," shall be inserted after the words "Decision."
37.Paragraph 193 (1) reads:
"(1) The competent minister shall review the decision which the participant or official considers to be contrary to the law; a government-designated member of the government shall review the final decision of the Staff Officer of the Security Information Service and the Prime Minister shall review the final decision of the Staff Officer of the General Security Corps. ';
38. In Article 209, the words "and Article 190 (1) 'shall be inserted after the words" Paragraph 99 (3)';
Transitional provision
Paragraphs 42 (4) and 186 (3) and 10 of Act No. 361 / 2003 Coll., as effective before the date of entry into force of this Act, shall apply to proceedings initiated before the date of entry into force of this Act.
Efficacy
This Law shall enter into force on 1 January 2018, with the exception of Article I (27), which shall take effect on 1 January 2019.
v. Vondracek v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 247 / 2017 Coll., amending Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.08.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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