Decree of the Ministry of Finance No. 259 / 1997 Coll.
Decree of the Ministry of Finance adjusting certain details of the service of customs officers
Valid
Order
Effective from 17.10.1997
Contents
ČÁST PRVNÍ
HLAVA PRVNÍ
§ 1
§ 2
§ 3
§ 6
HLAVA DRUHÁ
§ 8
§ 9
§ 10
HLAVA TŘETÍ
§ 11
§ 12
§ 13
HLAVA ČTVRTÁ
§ 14
§ 15
§ 16
§ 17
ČÁST DRUHÁ
HLAVA PRVNÍ
HLAVA DRUHÁ
§ 19
HLAVA TŘETÍ
§ 20
HLAVA ČTVRTÁ
§ 21
§ 22
ČÁST TŘETÍ
HLAVA PRVNÍ
§ 23
§ 24
§ 25
HLAVA DRUHÁ
§ 26
§ 27
§ 28
§ 29
ČÁST ČTVRTÁ
§ 30
§ 31
§ 32
ČÁST PÁTÁ
HLAVA PRVNÍ
§ 33
HLAVA DRUHÁ
§ 34
§ 34a
§ 34b
§ 35
§ 36
§ 37
HLAVA TŘETÍ
§ 38
§ 38a
§ 39
HLAVA ČTVRTÁ
HLAVA PÁTÁ
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 47a
§ 47b
HLAVA ŠESTÁ
§ 48
ČÁST ŠESTÁ
§ 51
ČÁST SEDMÁ
HLAVA PRVNÍ
§ 52
§ 53
HLAVA DRUHÁ
§ 54
§ 55
§ 56
§ 57
HLAVA TŘETÍ
§ 59
ČÁST OSMÁ
HLAVA PRVNÍ
§ 60
HLAVA DRUHÁ
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
HLAVA TŘETÍ
§ 70
§ 71
ČÁST DEVÁTÁ
HLAVA PRVNÍ
§ 72
§ 73
HLAVA DRUHÁ
§ 74
§ 75
§ 76
HLAVA TŘETÍ
§ 77
§ 77a
§ 78
§ 78a
HLAVA ČTVRTÁ
§ 79
HLAVA PÁTÁ
§ 80
ČÁST DESÁTÁ
HLAVA PRVNÍ
§ 81
HLAVA DRUHÁ
§ 82
§ 83
HLAVA TŘETÍ
§ 84
§ 85
§ 86
§ 87
HLAVA ČTVRTÁ
§ 88
§ 89
§ 90
§ 91
ČÁST JEDENÁCTÁ
§ 92
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259
DECLARATION
Ministry of Finance
of 2 October 1997
adjusting certain details of the service of customs officers
The Ministry of Finance, pursuant to § 12 (3) of the Czech National Council Act No. 13 / 1993 Coll., as amended by Act No. 113 / 1997 Coll., pursuant to § 15 (3), § 16 (2), § 19 (3), § 55 (2) and § 58 (3), § 43 (2), § 45 (2), § 46 (3), § 52 (3), § 53 (4), § 60 (3), § 64 (5), § 66 (3), § 77 (4), § 95 (2), § 99 (3), § 121 and 138 of the Czech National Council Act No. 326 / 1993 Coll., No 40 / 1995 Sb., § 33 / 1995 Sb.
CONSIDERATION AND AMENDMENTS OF SERVICE
SERVICE ASSESSMENT
Reasons for the processing of professional evaluations
In particular, the professional evaluation of a member of the customs administration (hereinafter referred to as "customs officer ') shall be carried out:
(a) before the end of the probationary period, where the probationary period has not been set or has been set for a period of less than six months, six months after the date of recruitment;
(b) before the termination of a fixed-term service, where the customs officer requests the change of service for an indefinite period;
(c) where it is to be appointed or appointed as Head of Administration;
(d) six months after the date of entry into another office;
(e) there have been serious changes in the capacity to perform the previous duties,
(f) at the request of the customs officer, but not earlier than six months after having acquired the legal power of the last professional evaluation.
Content of the service evaluations
(1) The staff evaluation shall include a part of the evaluation, conclusion and guidance on the possibility of appeal (1).
(2) The evaluation part of the service evaluations shall include data on the customs officer's competence for the performance of his or her duties according to his or her expertise, quantity, quality and complexity of his or her duties, professional activity and personality assumptions for the performance of his or her duties. The evaluation shall in particular:
(a) the application of the educational attainment and other qualification assumptions for the performance of the duties and, where appropriate, other requirements for the proper performance of the service, specific knowledge in practice and their expansion or increase in accordance with the needs of the service;
(b) the level of practical experience and special competence, if any, skills;
(c) the autonomy of the performance of the service, the systematic and efficient management of the duties and, where appropriate, the management of subordinate customs officers;
(d) responsibility and reliability in the performance of the duties and respect for the discipline;
(e) physical fitness, readiness to exercise the privileges and fulfil the obligations arising from the law and the management of the tactics of service operations according to the nature of the function performed;
(f) the ability to acquaint themselves with classified information and the ability to safeguard it;
(3) In addition, the evaluation part of the service evaluation shall include the result of the examination carried out by the customs officer in the framework of basic or further training, the classification of the medical fitness of the customs officer (taking into account any restrictions and concessions to perform the service), including the psychological competence of the customs officer.
(4) At the end of the service evaluation, it shall be indicated whether the customs officer is fit to perform his duties or not.
(5) Where a customs officer is competent to carry out his duties, the end of the service shall be indicated whether:
(a) achieve good results in the performance of the service for the purpose of promotion to a higher rank;
(b) fulfils the condition of successful performance of a post for which the rank of the 2nd class is determined;
(c) be eligible for a higher office.
(6) If the customs officer is not fit to carry out an existing post, he or she shall be indicated at the end of the service whether he or she is fit to carry out another post or whether he or she is unable to carry out any function.
Procedure for the processing of professional evaluations
(1) The draft professional evaluations are carried out by the nearest customs officer (hereinafter referred to as the "evaluator").
(2) The staff evaluation shall be approved by the competent official.
(3) The official evaluation shall be delivered to the customs officer.
(4) A competent service evaluation shall be filed in the personal file of the customs officer.
Professional competence
(1) The professional competence of the customs officer shall be assessed by:
(a) the customs education obtained;
(b) knowledge, knowledge or skills for carrying out specific activities (e.g. foreign languages, motor vehicle management, computer work, handling of service weapons).
(2) For the functions for which knowledge, knowledge or skills are required for the performance of specific activities, certification of knowledge, knowledge or skills for the performance of such specific activities is required.
(3) Level of customs education the fulfilment of which is a condition for the performance of functions shall be understood as:
(a) carrying out a lower customs test;
(b) carrying out a professional customs examination;
(c) carrying out a higher customs examination or professional customs inspection.
SELECTION PROCEDURE
Functions in the selection procedure
(1) In the selection procedure, the functions laid down by the Customs Act shall be filled.
(2) The selection procedure shall not be declared for a vacant post to which a customs official still serving the same or higher level is to be transferred under Paragraph 17 (1) (a) of the Act.
(3) Where a customs officer who is of the same or a higher level or who has been in office since he held the same or higher level has applied for a tendering procedure, less than three years shall be entitled to cancel and to appoint a customs officer. Where more than one of the customs officers referred to in the first sentence apply for the selection procedure, the official officer may decide which customs officer is to be appointed by him on the basis of an assessment of his suitability to meet the qualification requirements and the conclusion of the professional evaluations.
Announcement and formalities of the selection procedure
(1) The selection procedure shall be organised by a post officer who is entitled to appoint a customs officer to a post in the context of a selection procedure (hereinafter referred to as "the exclamator ') by publication in the publication medium of the Ministry of Finance (hereinafter referred to as" the Ministry') or the Directorate-General for Customs and, where appropriate, in the mass media.
(2) The invitation to tender shall contain:
(a) the designation of the applicant;
(b) the name of the function occupied;
(c) place of employment;
(d) the estimated term of office,
(e) the salary fare of the staff allowances determined in accordance with specific legislation, 5a)
(f) qualification qualifications and other requirements for the performance of the completed function, 5a)
(g) a list of the documents to be attached by the tenderer to the application;
(h) the address at which applications are sent;
(i) the period within which the application may be lodged, which shall not be less than 30 days from the date on which the invitation to tender is issued.
(3) The applicant shall indicate the date of service and the serial number of the file report.
(4) Late applications which have been received at the end of the prescribed period are not accepted by the applicant and returned to the interested parties.
Duration of the selection procedure
(1) For the selection procedure, the applicant shall appoint a selection committee (hereinafter referred to as the "commission '), consisting of the President, the Secretary and at least three other members, in particular persons with appropriate professional training and experience, familiar with the nature of the vacancy.
(2) The Commission shall evaluate the documents submitted by the candidate. The Commission shall inform interested parties which do not meet the conditions of the selection procedure in writing and return the documents submitted to them. The Commission shall notify the interested party, who fulfils the conditions of the selection procedure in writing, without undue delay, and shall invite him to a personal interview.
(3) During a personal interview, interested parties may be required to deposit written processing of a brief thematic task at the time of measurement. If the nature of the function to which the customs officer is to be appointed or appointed so requires, an assessment of professional and psychological competence or a physical performance test may be required.
(4) The Commission shall evaluate the information on candidates for a vacancy and establish the order of suitability for the vacancy. The order shall be determined by the vote of all the members of the selection committee. The proposal for order shall be adopted if the majority of the members of the Commission vote for it. In the event of a tie, the vote of the President of the Commission shall be decided.
(5) The Commission shall draw up a report on the selection procedure containing:
(a) the name and address of the applicant;
(b) the name of the office occupied and the place of service;
(c) the place and date of the selection procedure;
(d) details of the composition of the Commission;
(e) a summary of the applications taken over by the Commission from the applicant for evaluation;
(f) a summary of the applications excluded by the Commission pursuant to paragraph 2;
(g) an overview of the candidates who took part in the interview;
(h) the result of the interview;
(i) the overall assessment of individual candidates, including the impression of their personality and appearance;
(j) the ranking of candidates for a post.
(6) The tender report is signed by all members of the Commission. The signed report shall be forwarded by the Commission with all supporting documents to the declarant, which shall put an end to the work of the Commission.
(7) The applicant shall inform the tenderer of the outcome of the selection procedure without undue delay.
AMENDMENTS TO THE SERVICES
Representation in the function and mandate of the function
(1) A customs officer may be entrusted with the representation of another customs officer in the same or higher level.
(2) Representation in office may not be entrusted to the customs officer to whom this obligation arises from his office.
(3) During the period of representation, the customs office shall not carry out the duties assigned to it by the office to which it is assigned.
(1) A customs officer may be entrusted with the same or higher level function if he is not temporarily occupied.
(2) The customs officer shall be removed from his duties on the day preceding the date of the mandate.
(3) The customs officer shall be assigned to the office of the same level as he held before the appointment, following the date of termination of the mandate.
Mission to business trip and study stay
A customs officer seconded to a business trip or to a study stay shall carry out the duties arising from the duties he has performed, imposed on him by the official officer who has seconded him to a business trip or to a study stay. If this requires an important interest in the service, the official may provide that another official may impose duties on a customs officer seconded to a business trip or a study stay.
ARRANGEMENTS
Operating advance
Entry into an active advance shall be effected by withdrawing from the current post and from the provisions in the position corresponding to the type of activity actually carried out at the time of the active advance.
Backup for studying customs officers
(1) Entry into the advance for studying customs officers shall be carried out on the day of the occupation or on the day of secondment of the customs officer to the Customs Administration of the Czech Republic (hereinafter referred to as the "Customs Administration").
(2) Exemptions from the advance shall be made on the date of completion or interruption of the studies at the school or leaving the course.
Advances for temporary non-attached customs agents
(1) A customs officer may be placed in the advance for a maximum period of six months for temporarily unincorporated customs agents. At the end of the prescribed period, the customs officer shall be appointed to office.
(2) The decision to place the customs officer on that advance must include:
(a) the reason (s) for inclusion in the advance;
(b) the use of the customs officer during the period of inclusion in the advance;
(c) the date from which the customs officer is to be placed in advance.
(3) During the period of inclusion in the advance for temporarily unregistered customs officers, the customs officer shall carry out the duties provided for by the decision of the official officer, which shall, if possible, correspond to his formal qualifications and the type of service he carried out before being placed on the advance.
The customs officer placed under the advance shall remain in the personnel and material care of the customs authority in which he last served before being placed under the advance.
Duration of service, OPENING AND TERMINATION
CALCULATION OF THE REPRESENTATIONS ON MEETINGS AND DEPARTMENTS TO THE BASIC PERIOD OF SERVICES IN THE WEEK
ORDER OF SERVICE ENTERTAINMENT
Performance of the emergency service
(1) The Staff Officer may order a duty emergency
(a) at the workplace;
(b) outside the workplace.
(2) The duty shall be carried out at the regular post of office of the customs officer and at any other place designated by him, as decided by the official.
(3) An official emergency outside the place of work shall be carried out at the place of residence of the customs officer or at any other place designated by the official official at the request of the customs officer.
(4) The scope of the duty call shall be determined by the official officer who ordered the duty call.
PERFORMANCE PERIOD AS A PERFORMANCE OF SERVICES FOR THE EXERCISE OF IMPORTATION
As a period of service for entitlement to a customs holiday, the period shall be assessed:
(a) temporary incapacity for service resulting from an accident or occupational disease;
(b) leave and supplementary leave,
(c) preventive rehabilitation;
(d) replacement leave,
(e) duty leave entitled to a service allowance;
(f) after which he is not on duty because he is on holiday 6),
(g) discharge if he has been paid the difference by which his service income has been reduced;
(h) the execution of the custody where the prosecution has ceased or has been acquitted; or
(i) maternity leave and, in the case of a customs officer, parental leave granted to the extent that it is granted to a customs officer, maternity leave (7).
ADDITIONAL AUTHORISED
Harmful or particularly difficult service
For the purposes of supplementary leave, the service of customs officers who:
(a) are exposed to significant adverse effects of ionising radiation in the course of the service;
(b) in the performance of the service, they are subject to an excessive influence of adverse factors of the working environment and if this is confirmed by the competent authority of the health service.
The customs authorities carrying out the service referred to in Paragraph 21 shall have supplementary leave provided that they carry out the service at least half of the basic service period of the week.
SERVICE OPPORTUNITY FOR STAFF AND STUDY OPENING
SERVICE OPPORTUNITY FOR SERVICE STANDARDS
Obstacles in service for reasons of general interest
(1) Obstacles in service for reasons of general interest shall be the exercise of public functions, civil duties and other acts of general interest which cannot be carried out outside the service period.
(2) In particular, the performance of the duties arising from the duties of Members of the Chamber of Deputies of Parliament, the Senator of the Senate of Parliament, a member of the Municipal Council and an associate.
(3) The exercise of civil obligations shall in particular be understood as the performance of the duties of witnesses, interpreters and other persons brought to the hearing by a court or a national or local authority. Furthermore, the exercise of civil obligations shall be carried out in the provision of first aid, compulsory medical examinations, measures against communicable diseases, other urgent measures for preventive treatment, isolation for reasons of veterinary protection, the provision of personal assistance for fire protection, natural events or other similar exceptional cases, and in cases where a natural person is required under legislation to provide personal assistance.
(4) Staff leave with an entitlement to a service allowance for obstacles to service for the performance of public functions or civil duties shall be granted for the period necessary. A customs officer released for a period of at least one month in the long term shall be granted leave without entitlement to a service allowance.
(5) Staff leave for other acts of general interest shall be granted under the conditions and to the extent laid down in the specific regulation. 8)
Important personal obstacles in the service
If the customs officer is unable to perform the service for the reasons set out in Annex 1 to this Order, he shall be entitled to leave the service on the conditions and to the extent set out in this Annex.
Common provisions on leave for duty barriers
(1) The duty-restricted duty shall be granted to the customs officer on days which are otherwise his usual service days.
(2) Where duty leave is granted to a customs officer with an unevenly distributed period of service, it shall be entitled to leave for as many normal days of service as the annual average for the specified number of days.
(3) The customs office of departure must apply in writing. This does not apply if an important personal obstacle to customs duty was not known in advance; notify such an obstacle to the immediate superior without undue delay.
(4) The customs officer shall be obliged to demonstrate to the immediate superior the obstacle to the service and the duration of the service.
(5) The temporary incompetence of a customs officer to a service is interrupted.
_
Scope of study leave
A customs officer who studies in the course of a service and with whom an agreement has been concluded pursuant to § 64 of the Act shall be granted leave of study with a right to a service allowance.
(a) when studying at a secondary or higher vocational school in the scope of:
1. necessary to participate in the study centres or consultations which are part of the study plan and other
2. 8 days in each school year, and others
3.10 days for preparation and completion of the final examination or graduation examination 8b),
4.20 days to prepare and execute discharge 8c), and
b) when studying in a Bachelor's, Master's or Doctoral degree programme at a university in the
1. necessary for participation in study centres or consultations, and other
2. 14 days in each academic year, and others
3. 2 days for the preparation and completion of each test or 1 day for the completion of the test, if the test is carried out by a repair company, and other
Contents
ČÁST PRVNÍ
HLAVA PRVNÍ
§ 1
§ 2
§ 3
§ 6
HLAVA DRUHÁ
§ 8
§ 9
§ 10
HLAVA TŘETÍ
§ 11
§ 12
§ 13
HLAVA ČTVRTÁ
§ 14
§ 15
§ 16
§ 17
ČÁST DRUHÁ
HLAVA PRVNÍ
HLAVA DRUHÁ
§ 19
HLAVA TŘETÍ
§ 20
HLAVA ČTVRTÁ
§ 21
§ 22
ČÁST TŘETÍ
HLAVA PRVNÍ
§ 23
§ 24
§ 25
HLAVA DRUHÁ
§ 26
§ 27
§ 28
§ 29
ČÁST ČTVRTÁ
§ 30
§ 31
§ 32
ČÁST PÁTÁ
HLAVA PRVNÍ
§ 33
HLAVA DRUHÁ
§ 34
§ 34a
§ 34b
§ 35
§ 36
§ 37
HLAVA TŘETÍ
§ 38
§ 38a
§ 39
HLAVA ČTVRTÁ
HLAVA PÁTÁ
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 47a
§ 47b
HLAVA ŠESTÁ
§ 48
ČÁST ŠESTÁ
§ 51
ČÁST SEDMÁ
HLAVA PRVNÍ
§ 52
§ 53
HLAVA DRUHÁ
§ 54
§ 55
§ 56
§ 57
HLAVA TŘETÍ
§ 59
ČÁST OSMÁ
HLAVA PRVNÍ
§ 60
HLAVA DRUHÁ
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
HLAVA TŘETÍ
§ 70
§ 71
ČÁST DEVÁTÁ
HLAVA PRVNÍ
§ 72
§ 73
HLAVA DRUHÁ
§ 74
§ 75
§ 76
HLAVA TŘETÍ
§ 77
§ 77a
§ 78
§ 78a
HLAVA ČTVRTÁ
§ 79
HLAVA PÁTÁ
§ 80
ČÁST DESÁTÁ
HLAVA PRVNÍ
§ 81
HLAVA DRUHÁ
§ 82
§ 83
HLAVA TŘETÍ
§ 84
§ 85
§ 86
§ 87
HLAVA ČTVRTÁ
§ 88
§ 89
§ 90
§ 91
ČÁST JEDENÁCTÁ
§ 92
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 259 / 1997 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.10.1997 |
|---|---|
| Effective from | 17.10.1997 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Health and safety at work
Customs law
Finance
Wages, salaries, wages, compensation
Compensation for damages under labour law
Compensation in labour law
Labour relations
Working time
Employment. Service relationship
Labour law
Education, Education, Education
Administrative law
Constitutional (state) law
Fundamental human rights
Special working conditions
The regulation text is for informational purposes only.
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