Order Ministr- President of Central Office of State Control and Statistics No. 26 / 1962 Coll.
Decree of the Administrative Office of the Central Office of State Control and Statistics on Punitive Measures and Money Compensation by State Control Authorities and Statistics
Valid
Effective from 21.03.1962
26
DECLARATION
Administration
of 21 February 1962
on the imposition of punitive measures and the reimbursement of cash by State control authorities and statistics
The Minister-President of the Central Office of State Control and Statistics, pursuant to § 18 (2), § 19 (2) and § 21 (1) of Act No. 99 / 1961 Coll., on State control, statistics and other fields of national economic records (hereinafter referred to as "the Act '):
Imposing disciplinary measures
Scope of authorisation
(1) The disciplinary measures for violations of state discipline (reprimand, strict reprimand or removal of office) * may be imposed by the Central Office of State Control and Statistics, the Regional Department in Bratislava, the Regional Department (City Department in Prague) and the District Department of State Control and Statistics (City Department in Bratislava, Brno, Ostrava and Pilsen) - hereinafter referred to as "State Control and Statistics Authorities."
(2) A disciplinary measure shall be imposed in agreement with the authorities entitled to dismiss the staff to whom the disciplinary measure is to be imposed or the authorities of their superiors. The imposition of this punitive measure shall not result in an employment relationship; General regulations apply to its demise.
(3) Workers elected or appointed by the Plenary Session of the National Committee, as well as elected staff of other institutions and organisations, State control authorities and statistics do not impose removal of disciplinary measures; in such a case, the authorities of State control and statistics shall submit a proposal for the removal of such personnel to the authority empowered to decide on their revocation.
Records of disciplinary action
The enforceable decision to impose a disciplinary measure to be sent by the State Control Authority and Statistics to the competent authority or organisation (Section 13) shall be based on the staff member's cadre file.
Elimination of the punitive measure
The State Control and Statistics Authority shall, after two years, at the request of the worker or on any other initiative, examine whether the disciplinary measure imposed on the worker has fulfilled its educational purpose. If it finds that the worker has proved himself in the next job, it shall decide that the punitive measure imposed shall be eradicated; in this case, the competent authority or organisation shall exclude from the staff member's cadre file the decision to impose a disciplinary measure and, if possible, the other documents indicating the imposition of that measure.
Absence of double punitive measures
For defects detected during the examination or revision by the State Control and Statistics Authorities and referred to in Section 18 (1) of the Act, the authority competent under other regulations may conduct disciplinary proceedings with the responsible official only with the consent of the State Control and Statistics Authority.
Saving cash refunds
Authorisation to impose cash compensation
Cash compensation for damage caused to the State *) may be imposed by State control authorities and statistics referred to in § 1 (1).
Determination of cash compensation
(1) The financial compensation is imposed at the level of the damage caused to the State, but not more than three times the average monthly earnings of the official.
(2) The average monthly earnings shall be calculated on the gross earnings that have been cleared by the responsible staff member for the last six calendar months prior to the finding of damage by the State control authority and statistics. In doing so, one-off rewards are disregarded.
(3) If the damage was not caused intentionally, the State control authority and statistics may, where justified, determine the amount of the cash compensation at a lower rate than that provided for in paragraph 1, taking into account the considerations set out in paragraph 11. However, the amount of compensation shall be at least one third of the actual damage and, if the damage exceeds three times the average monthly earnings of the worker responsible, shall be at least equal to his average earnings per month.
(4) Where several workers are eligible for compensation, the compensation shall be determined separately for each individual according to his participation in the damage suffered. The total amount of cash compensation imposed may not exceed the amount of damage caused together, each of which may be paid a cash refund up to three times its average monthly earnings.
Preventing double claims
(1) The body of state control and statistics shall not impose cash compensation if, before the start of the examination or revision, the claim for compensation has already been claimed against the worker in accordance with the rules on compensation obligations caused by the employee by the infringement of the obligation of employment, * *) or in proceedings under other rules.
(2) If the authority of state control and statistics, in the course of the examination or revision, finds that the responsible worker has caused damage to the State and has not been claimed against it in accordance with the rules on compensation for damage caused by an employee's infringement of the obligation of employment, * *) or in proceedings under other regulations, the injured organisation (or a superior body) shall be required to seek the consent of the State control authority and statistics to claim compensation.
Procedure for the imposition of punitive measures and cash compensation
Background to the decision
The decision shall be based on a verification or revision report showing the conditions for the imposition of a disciplinary measure or cash compensation and on which the staff of the State Control Authority and the statistics require explanations from the responsible staff.
Examination of the basis of the decision
(1) The staff responsible for the occurrence or duration of the defect who have been informed of the content of the Protocol or part thereof and who have been informed of the possibility of imposing a disciplinary measure or a cash refund shall, within a specified period of time, provide written explanations of the findings contained in the verification or revision report, in particular on the causes and duration of the deficiencies detected. If they state that the situation of the case has not been precisely and completely established, they shall at the same time propose evidence to demonstrate the veracity of their claim. In this case, the staff of the State Control and Statistics Authority shall examine or supplement the findings made if the data of the responsible staff may have an impact on the assessment of the case.
(2) The state of the case shall also be discussed by the staff of the State Control Body and the statistics with representatives of the trade union organisation or higher trade union body, in particular from the aspects set out in Section 11.
Before taking a decision, the State Control and Statistics Authority may invite the responsible staff to whom disciplinary action or cash compensation is to be imposed, as well as other persons, to attend it and to submit a communication, explanatory notes or to provide the necessary documents.
Observations on the imposition of disciplinary measures and on financial compensation
The imposition of disciplinary measures and the financial compensation to the responsible worker shall take account in particular of his / her relationship with work and social ownership, the nature and extent of the blame, the social importance of the damage and its personal characteristics, economic and social circumstances.
Service of decisions
The State Control and Statistics Authority shall send the decision imposing a disciplinary measure or compensation in cash to the responsible official in its own hands.
Enforcement
The authorities and organisations shall be obliged, within three days of the date on which they were informed by the State Control and Statistics Authority that the decision to impose a disciplinary measure or cash compensation is enforceable, to take the necessary measures to implement this Decision.
Publication of decisions
The enforceable decision of the State Control Authority and the statistics on the imposition of a disciplinary measure or a cash refund may be published by the press or otherwise in order to increase its educational effect.
Enforcement of cash refunds
(1) The financial compensation imposed on the State for damage caused by the organisation in which the responsible worker works shall be enforced on the basis of an enforceable decision of the State Control Authority and the statistics, by a deduction of up to 25% of the worker's monthly earnings. Such reductions may be made, including any reductions for other reasons, only within the limits laid down by the rules on wage execution.
(2) For a worker who has not yet paid a cash refund and switched to another place of work, the compensation is enforced until full payment at the new place of work. In such a case, the organisation shall immediately notify its new place of work of the amount of compensation and the amount already paid; It shall also send this communication to the district national committee, which shall inform the district national committee responsible for the new place of work of the responsible official.
(3) Cash refunds are payable to the State; the amounts paid shall be paid as revenue of the central budget within three days of their collection to the district national committee in whose district the enforcement organisation is located.
(4) The timely recovery of cash compensation and its contribution shall be checked by the district national committee responsible for the organisation's headquarters, which shall enforce such compensation.
(5) The cash compensation may also be enforced by judicial execution, on the basis of an enforceable decision imposing it.
(6) The enforcement organisation shall inform the State Control Authority and the statistics which have been issued by the decision imposing the cash refund of the full payment of the cash compensation and the termination of the employment relationship of the worker who has not yet paid the cash compensation.
Common and final provisions
State control and statistics shall not impose disciplinary measures and financial compensation on members of the armed forces in active employment and on members of the armed corps of the Ministry of Interior; in such a case, initiate disciplinary or replacement proceedings by the competent Chief.
Save as otherwise provided for in this Decree, the proceedings for the imposition of disciplinary measures and cash compensation shall be followed in accordance with the general administrative rules. *)
The Decree of the Ministry of State Control No 261 / 1952 of the Ú. l., which is published in the Official Journal of the European Communities on the deposit of cash compensation by the authorities of the Ministry of State Control, is hereby repealed.
This decree shall take effect on the day of its publication.
Minister-President:
Majling v. r.
*) Paragraph 18 (1) of the Act.
*) Article 19 of the Act
* *) § 12 to 15 of Act No. 71 / 1958 Coll.
*) Government Decree No. 91 / 1960 Coll., on Administrative Procedure.
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Regulation Information
| Citation | Decree of the Ministr- President of the Central Office of State Control and Statistics No. 26 / 1962 Coll., on the deposit of disciplinary measures and financial compensation by state control and statistics |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.03.1962 |
|---|---|
| Effective from | 21.03.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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