Decree of the Ministry of Defence No. 265 / 1999 Coll.
Decree of the Ministry of Defence establishing the duration of the service of professional soldiers preparing for the performance of their duties and the amount of remuneration which may be required on the professional soldier if he fails to comply with the agreement
Valid
Order
Effective from 01.12.1999
265
DECLARATION
Ministry of Defence
of 5 November 1999
determining the period of service of professional soldiers preparing for the performance of their duties and the amount of remuneration which may be required for the professional soldier if he fails to comply with the agreement
The Ministry of Defence provides, pursuant to § 5 (6) and § 60 (6) of Act No. 221 / 1999 Coll., on professional soldiers:
Determination of the duration of the service relationship
(1) The term of service after the completion of the studies of the professional soldier ("soldier") shall be as follows:
(a) at a preschool or daily study in schools in the Czech Republic and in courses in the Czech Republic lasting continuously more than 5 months or with a value of more than CZK 50,000 paid by the Ministry of Defence, for twice the duration of the study, but for at least 1 month,
b) for study abroad or on secondment to study abroad within the framework of a study programme of a school in the Czech Republic lasting at least 30 days, or which is paid by the Ministry of Defence for a value of more than CZK 100,000, for a period of three months, increased by another 3 months for each additional month of study or for each additional CZK 100,000 paid for study but not more than 10 years,
(c) in the case of studies in the course of service or courses paid by the Ministry of Defence in excess of CZK 50,000 or in which teaching in the course of a study lasting more than 10 months takes the form of a study centre, for a period equal to the duration of the study but not less than 1 month;
(d) for preschool or daily studies in schools in the Czech Republic and courses in the Czech Republic lasting continuously more than 5 months, associated with pilot and flight instruction, for a period of three and a half times the duration of the study;
(e) in the case of specialised training of doctors and pharmacists, until the completion of the basic strain certificate has been obtained in accordance with the legislation governing the conditions for obtaining and recognising professional competence and specialised competence for the performance of the medical profession of the physician, dental practitioner and pharmacist (4) for a period identical to the duration of the preparation.
(2) The performance of the obligation to remain in service after completion of the studies shall take place on the first day of the calendar month following the end of the studies. If the former obligation to remain in service after completion of the studies has not been fulfilled, the performance of the agreed period shall not take place until the first day following that earlier obligation. The period of study from which the obligation to remain in service arises shall be counted only once and only in the performance of an earlier obligation.
(3) The duration of the study is the period from the date of commencement of the study to the date of completion of the study. The study period shall be calculated for a full calendar month. The period of each day in less than calendar months shall be added up and evaluated every 30 days as a month.
(4) If the Ministry of Defence pays a study fee under the Higher Education Act (5), which a public university provides for a soldier to study in a study programme for longer than the standard study period, it shall be included in the study period referred to in paragraph 3 for every 2 months for which the study fee has been paid for 1 additional month.
(5) The completion of the study is for the purposes of determining the duration of the service after completion of the studies, (1) the issue of a certificate of completion of the course, the exclusion from the course, the failure to meet the requirements of the study programme, the abandonment of the study and the termination of the service by discharge of the service, withdrawal of military rank or loss of military rank by decision of the court.
(6) The financial amounts for the study of a soldier referred to in paragraph 1 (a) to (c) shall include only fees related to the study paid to the training establishment for a soldier by the Ministry of Defence.
(7) If the duration of the service after graduation can be determined both with regard to the length of the study and the amount of fees paid by the Ministry of Defence, the duration of service after graduation shall be determined according to the longer of them.
Amount of study remuneration
(1) The amount of remuneration for the failure to fulfil the agreed period of time for which the soldier undertook to remain in service after graduation, hereinafter referred to as "agreed period", for each month of study in the Czech Republic is:
(a) at the present or daily study
1. study programmes in the group of fields of education Special and interdisciplinary fields, associated with training of pilots and flight ducts, carried out by university, 30,000 CZK;
2. study programmes in the group of fields of medical science and pharmaceutical science, carried out by university, 12,000 CZK;
3. in Bachelor's, Master's or Doctoral Studies, carried out by a university in other study programmes not listed in points 1 and 2.9,000 CZK;
4. in language courses 6 000 CZK; or
5. in other cases not listed in points 1 to 4, 4 000 CZK,
(b) study in the performance of duty
1. in the study programme carried out by the university 3,000 CZK,
2. in specialised training of doctors and pharmacists 12,000 CZK, or
3. in other cases CZK 2,000.
(2) The amount of compensation for failure to meet the agreed period for each month of study abroad shall be three times the amounts referred to in paragraph 1.
(3) The amount of the remuneration referred to in paragraphs 1 and 2 shall be increased by the amount of money paid by the Ministry of Defence to the school or educational establishment when studying in a non-military school in the Czech Republic and when studying abroad.
(4) If a soldier does not take up studies at a non-military school in the Czech Republic or abroad for no serious reason or ends it prematurely without the permission of the Ministry of Defence, he shall be obliged to replace the amount of money or part of it paid to the school or educational establishment by the Ministry of Defence if the amount of money or part of it is not returned to the Ministry of Defence.
(5) The amount of remuneration which may be requested from a soldier shall be determined by the service authority by multiplying the total amount of remuneration calculated in accordance with paragraphs 1 or 2 or 3 by the time lost until the agreed time has been fulfilled and dividing the result by the duration of the service provided for by the agreement to increase or extend the training in months.
(6) At the request of a soldier, the amount of remuneration may be reduced. 2) The examination of the application shall take into account the reasons for the failure to comply with the agreed period, the property and social circumstances of the debtor and his family.
(7) Reimbursement may be completely waived to the soldier, (2) if his family's nutrition is at risk and an improvement in his social situation cannot be expected.
Transitional provision
The duration of the service of the soldier after completion of the study initiated before the entry into force of this decree and the reimbursement of costs in the event of non-compliance with the obligation taken over shall be governed by the rules in force at the time of commencement of studia.3)
Repeal
They shall be deleted:
1. Decree of the Ministry of Defence No. 274 / 1993 Coll., on determining the amount of compensation for costs incurred for material and financial security of education or training of soldiers in active service and the conditions for its reduction.
2. Decree of the Ministry of Defence No. 195 / 1994 Coll., amending and supplementing Decree of the Ministry of Defence No. 274 / 1993 Coll., on determining the amount of compensation for costs incurred for the material and financial security of education or training of soldiers in active service and the conditions for its reduction.
Efficacy
This Decree shall take effect on 1 December 1999.
Minister:
RNDr. Vetchý, CSc. v. r.
1) Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act), as amended by Act No. 188 / 1988 Coll., Act No. 171 / 1990 Coll., Act No. 522 / 1990 Coll., Act No. 134 / 1993 Coll., Act No. 190 / 1993 Coll., Act No. 331 / 1993 Coll., Found by the Constitutional Court of the Czech Republic No. 49 / 1994 Coll., Act No. 256 / 1994 Coll. and Act No. 138 / 1995 Coll. Act No. 111 / 1998 Coll., on Higher Education.
2) Paragraph 60 (5) of Act No. 221 / 1999 Coll., on Professional Soldiers.
3) Sections 9 and 10 of Decree No. 113 / 1996 Coll., implementing certain provisions of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended. Section 13 and 14 of Decree No. 557 / 1992 Coll., implementing certain provisions of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended.
4) Sections 5a and 11a of Act No. 95 / 2004 Coll., on the conditions for obtaining and recognising professional competence and specialised competence in the exercise of the medical profession of physician, dental practitioner and pharmacist, as amended by Act No. 67 / 2017 Coll.
5) Paragraph 58 (3) of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education), as amended.
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Regulation Information
| Citation | Decree of the Ministry of Defence No. 265 / 1999 Coll., which provides for the duration of the service of professional soldiers preparing for the performance of their duties, and the amount of remuneration which may be required on the professional soldier if he does not comply with the agreement |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.11.1999 |
|---|---|
| Effective from | 01.12.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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