Decree No. 308 / 2005 Coll.
Decree amending Decree No. 259 / 1997 Coll., adjusting certain details of the service of customs officers, as amended by Decree No. 155 / 2001 Coll.
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Effective from 02.08.2005
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02.08.2005
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308
DECLARATION
of 22 July 2005
amending Decree No. 259 / 1997 Coll., amending certain details of the service of customs officers, as amended by Decree No. 155 / 2001 Coll.
The Ministry of Finance provides for the Act No. 13 / 1993 Coll., as amended by Act No. 35 / 1993 Coll., Act No. 113 / 1997 Coll., Act No. 63 / 2000 Coll., Act No. 256 / 2000 Coll., Act No. 40 / 2002 Coll., Act No. 118 / 2003 Coll., Act No. 354 / 2003 Coll., and Act No. 187 / 2004 Coll., Act No. 26 / 1993 Coll., Act No. 326 / 1993 Coll., § 19 Sb.
Decree No. 259 / 1997 Coll., adjusting certain details of the service of customs officers, as amended by Decree No. 155 / 2001 Coll., is amended as follows:
1. in Article 6 (3), point (a) shall be deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
2. In Article 6 (3) (c), the words "professional customs' shall be inserted after the words" or '.
(3) Paragraph 7, including the title and footnotes 3 and 4, shall be deleted.
4.
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. ';
5. In Article 11, the following paragraph 3 is added:
"(3) During the period of representation, the customs officer shall not perform the duties which result from the duties to which he is assigned. ';
6.
(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 that office on the day following the date of termination of the mandate. "
7. In Article 15 (1), the words "Ministry of Finance (" Ministry ')' are replaced by the words "Customs Administration of the Czech Republic (" Customs Administration ')'.
8. Paragraph 20, including footnotes 6 and 7, reads as follows:
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).
6) Act No. 245 / 2000 Coll., on public holidays, on other holidays, on significant days and on working days, as amended by Act No. 101 / 2004 Coll.
7) § 73 of Act No. 186 / 1992 Coll., as amended by Act No. 155 / 2000 Coll. § 157 to 159 of the Labour Code. '
9. In Section 25, the following paragraph 5 is added:
"(5) The drawing of duty leave is interrupted by the temporary incompetence of the customs officer towards the service (8a).
8 (a) Paragraph 20 (1) of Act No. 32 / 1957 Coll., on Disability Care in the Armed Forces, as amended by Act No. 180 / 1990 Coll. '
10. Paragraph 26, including the title and footnotes Nos 8b to 8f, reads:
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
4. a total of 40 days for the preparation and performance of the state final examinations 8d) in the Bachelor's study programme;
5. a total of 80 days to prepare and perform the state final examination 8e) in the Master's study programme or 40 days in total, if the Master's study programme is based on the Bachelor's study programme,
6. a total of 40 days for preparing and carrying out the state doctoral examinations 8f).
8b) Sections 74 and 77 of Act No. 561 / 2004 Coll.
8c) § 90 of Act No. 561 / 2004 Coll.
8d) Paragraph 45 (3) of Act No. 111 / 1998 Coll., on Higher Education and the amendment and addition of other laws (Act on Higher Education).
8e) § 46 paragraph 3 of Act No. 111 / 1998 Coll.
8f) § 47 (4) of Act No. 111 / 1998 Coll. '.
11. in Article 28, the title and paragraph 4 are deleted;
Paragraph 5 shall become paragraph 4.
12. In Paragraph 30 (2), the words "within three months at the latest 'are replaced by the words" date'.
13. In Article 30, the following paragraph 5 is added:
"(5) In exceptional cases, customs may be granted in kind beyond the limits laid down in paragraphs 3 and 4."
14. In Paragraph 32 (1), the words "do not belong to the customs officer for a period of 12 months from 'are replaced by the words" do not belong to the customs officer from the date'.
15. in Paragraph 33 (3), "administrative district" is replaced by "territory."
16. Paragraph 33 (6) is deleted.
Paragraphs 7 and 8 shall be renumbered paragraphs 6 and 7.
17. The heading of Title Three in Part Five reads as follows: "REFUNDS RELATING TO THE EXCHANGE AND AMENDMENTS OF THE SERVICE DIFFERENCE, PREVENTIVE REHABILITY AND COMPETITION."
18. Paragraph 38, including footnote 13, 14, 15, 16, 16a and 16b, reads as follows:
Reimbursement of travel expenses related to the formation or change of service
(1) A customs officer who, by reason of:
(a) transfer in the important interests of services13),
(b) entrustment or representation in functions14),
(c) inclusion in an active advance of 15), with the exception of the inclusion in an active advance on grounds of secondment or secondment to serve abroad; or
(d) provisions for office after exemption from the advance
carry out a service at another place of employment and cover expenses as in the course of a mission. Reimbursement of travel expenses shall be granted no longer than the time when the customs officer is transferred to the place of employment; Food is provided for a maximum period of 6 years.
(2) A customs officer who, by reason of being admitted to service (16) or transferred to another post of employment for his own application (16a) is separated from the family, may be granted reimbursement of travel expenses up to the amount and extent which is intended to be paid for a service, for a maximum period of three years from receipt of service or transfer.
(3) A customs officer who has been granted less than that provided for in Paragraph 46 for a time zone exceeding 18 hours in accordance with paragraph 2 shall, on completion of the journey, be entitled to visit a family of less than 18 hours before the end of the service before departure and from the start of the service on arrival from that journey, at the rate of:
(a) 41% of the digested diet, if this lasts between 5 and 12 hours;
(b) 64% of the digested diet, if this lasts more than 12 hours but not more than 18 hours; or
(c) 100% of the digested diet, if this lasts more than 18 hours.
(4) The diet is rounded up to the whole crown.
(5) The customs officer who is transferred to another function16b) shall be entitled to reimbursement of the travel expenses referred to in paragraphs 1 and 4 to the extent that they were granted to him immediately prior to the transfer. Reimbursement of expenses shall be due to the customs officer only if the period for which he is granted has not yet expired.
13) § 18 paragraph 1 of Act No. 186 / 1992 Coll. § 6 paragraph 5 of Act No. 185 / 2004 Coll., on Customs Administration of the Czech Republic.
14) § 19 paragraphs 1 and 2 of Act No. 186 / 1992 Coll.
15) § 22 of Act No. 186 / 1992 Coll.
16) Article 5 of Act No. 186 / 1992 Coll.
16a) § 18 paragraph 2 of Act No. 186 / 1992 Coll.
16b) § 17 of Act No. 186 / 1992 Coll. '.
19. The following Section 38a is inserted after Section 38, including the title and footnote 17:
Reimbursement of travel expenses for preventive rehabilitation
(1) A customs officer who is granted preventive rehabilitation which is carried out at a place other than his place of employment or his permanent residence is entitled to:
(a) reimbursement of travel expenses pursuant to Article 34a or Article 45;
(b) reimbursement of accommodation expenses pursuant to § 34b; and
(c) diet according to § 35 or § 43.
(2) A customs officer who is granted preventive rehabilitation in the form of a spa treatment linked to a part of the leave shall be entitled to reimbursement of the travel expenses referred to in paragraph 1 (a) for a journey to the municipality in which preventive rehabilitation is carried out and to return if it is not paid under special legislation17).
17) For example Act No. 551 / 1991 Coll., on the General Health Insurance Company of the Czech Republic, as amended. "
20. In Paragraph 39 (2), "CZK 3,000" is replaced by "CZK 10,000" and the word "minor" is deleted.
21. in Paragraph 41, paragraph 1 is deleted;
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
22. Paragraph 43 (6) is deleted.
23. Paragraph 44 (2) is deleted and paragraph 1 is deleted.
24. in Paragraph 47a (1), the word "Ministry" shall be replaced by "Customs Administration" and in the second sentence, the words "Ministry" shall be replaced by the words "Customs Administration";
25. In the first sentence of Paragraph 48 (2), the word "Ministry 'is replaced by" Customs Administration'.
26. Paragraph 52, including the title and footnote 18, reads as follows:
Enlargement or education agreement
(1) The Agreement on the extension or increase of education (hereinafter referred to as "the Agreement") is concluded by a post office officer with a customs officer if the education to be received by a customs officer is in the interest of the service.
(2) In the agreement, the customs officer undertakes to remain in service for a period of
(a) three times the duration of the daily (preschool) study; or
(b) one times the duration of the service (distance study).
(3) In the combined form of study, the period of service after completion of the studies referred to in paragraph 1 shall be determined on a pro rata basis according to the actual duration of the daily (preschool) study and the course of service (distance study).
(4) The conclusion of the Agreement is a condition for the provision of study leave to customs.
(5) The duration of the study is considered to be the period during which the customs officer is a pupil or a student of the school.
(6) The completion of studies (18) is considered to be
(a) graduate;
(b) leaving the study;
(c) exclusion from the study;
(d) failure to comply with the requirements of the study programme in accordance with the rules of study or examination;
(e) withdrawal or termination of accreditation of the study programme if the customs officer does not continue to study at another school;
(f) the interruption of the study, if the customs officer has not continued after the interruption in the study; or
(g) a change in the field or form of study if the agreement is not amended.
18) § 72 of Act No. 561 / 2004 Coll., paragraphs 54 to 56 of Act No. 111 / 1998 Coll., as amended by Act No. 210 / 2000 Coll. and Act No. 147 / 2001 Coll. Decree No. 10 / 2005 Coll., on Higher Vocational Education. '.
27. in Article 53 (1), the word "Ministry" is replaced by "Customs Administration."
28. in Article 53 (2), at the end of point (h), the dot is replaced by a comma and the following point (i) is added:
"(i) CZK 200,000 when studying at a university in a doctoral study programme."
29. in Article 55 (1) (a), the words "and in a calendar year at least 45 years of age" shall be deleted;
30. in Article 55 (2), at the end of point (e), the dot is replaced by a comma and the following points (f) to (h) are added:
"(f) discharge of service;
(g) to be included in an unpaid advance; or
(h) which has been placed in advance for customs officers studying in schools in a calendar year for more than 6 months. ';
31. in Paragraph 55, the following paragraph 4 is added:
"(4) The duration of the service referred to in paragraph 1 (a) shall be deemed to be the period which is relevant for the entitlement to the service allowance under Paragraph 77. ';
32. in Paragraph 56 (1), the word "Ministry" is replaced by "Customs Administration."
33. in Article 56 (3), the word "Ministry" shall be replaced by "Customs Administration" and the words "or" Ministry "shall be deleted;
34. in Paragraph 56 (4), the word "Ministry" shall be replaced by "Customs Administration."
35. Paragraph 58, including footnote 20, is deleted.
36. in Article 60 (1), the words "the customs inspector and the customs board" shall be replaced by the words "the customs officer" and the words "to carry out" shall be replaced by the words "to exercise."
37. In the heading of Title Two of Part Eight, the word "MINISTERSTVA 'is replaced by" CUSTOMS GOVERNANCE'.
38. Paragraph 65 to 69, including the headings and footnotes 22, 23, 23a, 23b and 23c, read:
Compensation for loss of service income in connection with accidents or occupational diseases
(1) When calculating the amount of compensation for loss of service income of a customs officer who has simultaneously engaged in another professional activity or who has been active under an agreement on employment at the time of the accident at the service or where he has been diagnosed with an occupational disease, he shall be based on his average net professional income and on his average earnings from another gainful activity for the period during which he or she was or may have had the activity.
(2) A customs officer who has suffered a professional accident or who has been diagnosed with an occupational disease in a fixed-term service shall be entitled to compensation for loss of service income, irrespective of the time when the service was to end.
(3) In the case of a former customs officer who is entered in the register of jobseekers and receives unemployment or retraining aid (22), this aid is considered to be a profit for determining compensation for loss in service income. If he is not granted unemployment benefit or retraining aid because he is entitled to a service allowance, that allowance shall be considered to be the profit for determining the compensation for loss of service income. If it is entered in the register even after entitlement to unemployment benefit or retraining, or after the period for which it would have been entitled had it not been entitled to the service allowance, the minimum wage shall be deducted from the compensation for loss of service income.
(4) A former customs officer who is not granted unemployment benefit or retraining aid for the reasons which he was responsible for, does not benefit from compensation for loss of service income.
(5) If the former customs office is a self-employed person, it shall be designated as compensation for loss of service income according to the proof of income tax.
(6) If the former customs officer does not earn a minimum wage, the minimum wage is considered to be a profit.
(7) The service allowance shall be considered to be a benefit where the former customs officer has chosen a service allowance instead of a full invalidity or partial invalidity pension. In that case, the benefit shall be that part of the allowance as a service corresponding to the amount of the full invalidity or partial invalidity pension that would otherwise be his.
Pain compensation
The customs officer shall be entitled to compensation for pain twice as much as laid down in the special legislation for workers in the employment ratio (23) if his health has been damaged during the service by the person whose actions have been directed against the operation or if his health has been damaged for the performance of the service.
Amount of one-off exceptional compensation
The amount of one-off exceptional compensation is determined by the degree of difficulty in the social application of the customs officer. If there is damage to the customs officer's health under the conditions set out in § 64 (a) to (c), the official shall determine the amount of one-off exceptional compensation at the upper limit provided for in § 92 (4) of the Act.
Funeral costs
(1) Costs charged by the funeral home, the cemetery fees, the cost of setting up a memorial or a slab and adjusting the grave, travel expenses and one third of the usual costs of funeral dressing shall be considered as costs associated with the burial of a customs officer.
(2) Reimbursement of the costs of setting up a memorial or a plaque is granted at twice the amount laid down by the special legislation for staff members in the employment ratio 23a). Reimbursement of the costs of the funeral and travel expenses is due only to the survivors 23b).
Disposable compensation for survivors of a higher amount
If a customs officer dies as a result of an accident or occupational disease under the conditions laid down in § 92 (4) of the Act, the survivors of 23b) shall be liable for one-off compensation equal to four times the amount laid down by the special legislation for workers in the employment ratio 23c).
22) Sections 39 to 57 of Act No. 435 / 2004 Coll., on Employment.
23) Decree No. 440 / 2001 Coll., on the compensation of pain and difficulty in social application, as amended by Decree No. 50 / 2003 Coll.
23a) § 197 and 198 of the Labour Code. § 37 of Decree No. 108 / 1994 Coll., implementing the Labour Code and certain other laws, as amended by Decree No. 461 / 2000 Coll.
23b) § 120 paragraph 2 of Act No. 186 / 1992 Coll.
23c) § 200 of the Labour Code. '.
39. in Paragraph 70 (1), the word "Ministry" shall be replaced by "Customs Administration."
40. In Paragraph 70 (5), the word "Ministry 'is replaced by" Customs Administration'.
41. in Paragraph 71 (3) (h), the word "Ministry" shall be replaced by the words "Customs Administration."
42. Paragraph 72 (2), including footnote 24a, reads as follows:
"(2) The duration of the service applicable to the entitlement to severance payments shall not count.
(a) a discharge if the customs officer was not concerned with the difference by which his service income was reduced;
(b) the execution of the detention and imprisonment, except where, under special legislation 24a), a claim has been made for damages caused by a judgment on detention or a custodial sentence;
(c) duty-free leave without entitlement to a service-based allowance, provided that it has lasted continuously for at least 1 month;
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Regulation Information
| Citation | Decree No. 308 / 2005 Coll., amending Decree No. 259 / 1997 Coll., adjusting certain details of the service of customs officers, as amended by Decree No. 155 / 2001 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.08.2005 |
|---|---|
| Effective from | 02.08.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
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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