Government Decree No. 330 / 2003 Coll.
Government regulations on pay ratios of employees in public services and administration
Valid
Effective from 01.01.2004
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330
GOVERNMENT REGULATION
of 6 August 2003
on the pay ratios of employees in public services and administration
The Government hereby orders pursuant to § 23 (1) (b) to (f) of Act No. 143 / 1992 Coll., on the salary and remuneration of on-call time in budgetary and in certain other organisations and bodies, as amended by Act No. 40 / 1994 Coll. and Act No. 217 / 2000 Coll., (hereinafter "the Act '):
Subject matter
(1) This Regulation shall apply to staff members:
(a) the Czech Republic ("the State"),
(b) contribution organisations, (1) if the law so provides;
(c) State funds, 2)
(d) local authorities, 3)
(e) educational legal persons set up by the Ministry of Education, Youth and Sports, Region, Municipality or voluntary association of municipalities under special legislature3a);
with the exception of staff whose pay ratios are governed by a specific legislation.4)
(2) This Regulation lays down for the staff referred to in paragraph 1:
(a) the scale of the fees and the method of determining them;
(b) management fees;
(c) the conditions for the granting and the amount of the special premium and the conditions for the granting of the personal premium and its maximum amount; and
(d) the conditions for granting remuneration.
Qualification assumptions and requirements
(1) The qualifications of the training required for the performance of work assigned to each grade (hereinafter referred to as "required education") are laid down in a separate legislation (5) (hereinafter referred to as "work catalogue"). The qualification assumptions set out in the work catalogue do not replace those laid down by other legislation for the performance of the same work. 6)
(2) In addition to the qualification conditions laid down by the legislation, the employer may provide for an internal salary regulation of the specialisation or field of education or other requirements for the performance of certain work.
(3) Employees who carry out predominantly manual work and are classified in no more than the eighth grade may, in the internal salary provision for the performance of such work, provide for a requirement of secondary education or secondary education with a certificate in the specified field instead of the qualification requirement laid down by the work catalogue.
Allocation of staff members to grade
(1) The employer shall assign the staff member in accordance with Article 4 (1) of the Act to the grade in which the most demanding work is included in the work catalogue, the performance of which the employer requires on the staff. Where this work is not included in the work catalogue, the employer shall include the staff member in the grade in which examples of work comparable to it in terms of complexity, responsibility and psychological and physical complexity are included in the work catalogue; the comparison is based on the general characteristics of the grade in the law.
(2) The employer shall assign the staff member to the grade referred to in paragraph 1 if he fulfils the qualification criteria and, where appropriate, the requirements provided for by the internal salary regulation for the performance of the work included in that grade. The achievement of a higher than specified education shall not be taken into account.
(3) Save as otherwise provided for in specific legislation8, an employer may exceptionally include a staff member who does not meet the necessary training,
(a) to the first to fourth grade;
(b) to the fifth and higher grades, but not more than four years, unless otherwise determined.
(4) A staff member may be classified for a period of more than 4 years in a grade for which he does not have the necessary education if:
(a) the long-term activity in the relevant field has demonstrated its ability to perform the required work and is over 45 years of age;
(b) he has commenced his studies during the period during which he was exceptionally assigned to the grade referred to in paragraph 3 (b), or before such exceptional classification, which he complements with the necessary training and continues his studies properly;
(c) is in the fifth grade and has achieved secondary education;
d) is in sixth grade and has achieved secondary education with a certificate;
(e) it is included in the seventh grade in the performance of the officer's duties and meets the technical requirements laid down in special legislation9);
(f) it shall be classified in no more than the eighth grade if, for the performance of the required work of a predominantly manual nature, it fulfils the requirement of secondary education or secondary education with a certificate in the specified field laid down by the employer in accordance with Article 2 (3) or the conditions laid down by special legislation10);
g) is ranked in the ninth grade and has achieved secondary education with a graduate exam;
h) is in the 10th grade and has achieved higher vocational education;
(i) is in the eleventh grade and has achieved university education in the Bachelor's study programme, or has completed the higher judicial officer11) and is carrying out the work of a senior judicial officer under special legislation;
(j) meets the professional qualifications laid down in specific legislation12) for the direct pedagogical activity which he carries out;
(k) meets the qualification conditions for the performance of the duties laid down by special legislation13;
(l) perform the tasks of the intelligence services;
(m) perform artistic or educational work or the activity of an athlete or coach; or
(n) satisfy the conditions of professional competence for the pursuit of the profession of health professional or other professional, as laid down in special legislation13a).
Allocation of the staff member
(1) The employer shall classify the staff member in the grade concerned, depending on the calculation of the period applicable to that classification (hereinafter referred to as "deductible practice").
(2) The employer shall fully include in the notable practice the period of experience in the field of required work achieved after completion of the education set out in the work catalogue. Employees in the grade referred to in Articles 3 (3) (b) and 3 (4) shall also include in full the period of experience in the field of required work achieved after:
(a) the fulfilment of the professional requirements laid down in the special legislation in the performance of the work of Officer 9) for a staff member in the grade referred to in Article 3 (4) (e);
(b) the fulfilment of the conditions laid down in the special legislation or, where applicable, the requirement of secondary education or secondary education with a certificate in the specified field of education for a staff member in the grade referred to in Article 3 (4) (f);
(c) the completion of the study of senior judicial officials (11) in the performance of the work of senior judicial officer under § 3 (4) (i);
(d) the fulfilment of the professional qualification laid down in special legislation12) for the direct pedagogical activity carried out by the staff member in the grade referred to in Article 3 (4) (j);
(e) the fulfilment of the qualification conditions for the performance of a service provided for by special legislature13) for a staff member in the grade referred to in Article 3 (4) (k);
(f) the achievement of professional competence to pursue the profession of healthcare professional or other professional, as laid down in special legislation13a) for a staff member in the grade referred to in Article 3 (4) (n);
(g) termination of secondary education for a staff member in the fifth grade;
(h) termination of secondary education with a certificate for a staff member in the sixth grade;
(i) end of secondary education with a graduate examination for a staff member in the ninth grade;
(j) the termination of higher vocational education for a staff member in the 10th grade;
(k) the termination of university education in the Bachelor's study programme for a staff member of the 11th grade.
(3) Within four fifths, the employer shall include in the notable practice the period of experience in the field of required work achieved before
(a) termination of the education provided for in the catalogue of works; or
(b) obtaining the assumptions laid down in the specific legislation or, where appropriate, the requirement of secondary education or secondary education with a certificate in the specified field, for staff in the grade referred to in Article 3 (4) (f).
(4) Within a maximum of two thirds, the employer shall include in the notable practice a period of practice other than that referred to in the preceding paragraphs, depending on the extent of its use to perform the required work.
(5) To the full extent and to the maximum extent provided for by special legislation14) for the exercise of a military basic (substitute) service in force at the time of its execution, the employer shall include in the notable practice the period of military basic (substitute) service or civil service, unless the staff member has at the same time been preparing for a profession in a day15) or a preschool. 16)
(6) To the full extent, but not more than a total of 6 years, the employer will include in the practice available
(a) maternity leave, other maternity leave or parental leave or permanent childcare to the extent appropriate to the length of maternity leave and other maternity leave or parental leave valid at the time of such care under special legislation, 17) if the staff member or staff member did not at the same time prepare for the occupation in a daily studies15) or in a preschool, 16)
(b) personal care of a long-term severely disabled minor child or children who have required exceptional care, unless they have been placed in an institution for such children.
(7) For the purposes of this Regulation, the labour force shall be that for which knowledge of the same or similar focus is required as that of the work required.
(8) The employer shall deduct from the deductible practice referred to in paragraphs 2 to 6, unless otherwise specified, from the staff member included in:
(a) a fifth grade which has achieved only secondary education for a period of 1 year, or a period of 3 years if it has achieved only basic education or basic education, with the exception of a staff member in the grade referred to in Article 3 (4) (e) and (f);
(b) a sixth and seventh grade which has achieved only secondary education with a teaching certificate of one year, or a period of two years if it has achieved only secondary education, or a period of four years if it has achieved only basic education or basic education, except for a staff member in the grade referred to in Article 3 (4) (e) and (f);
(c) the eighth grade, which has achieved only secondary education with a certificate of 1 year, or only secondary education for 2 years, or a period of 4 years if it has achieved only basic education or basic education, with the exception of a staff member in the grade referred to in Article 3 (4) (f);
(d) the ninth grade, which has achieved only secondary education with a 2-year graduate examination, or only secondary education with a 3-year teaching list, or only secondary education with a 4-year period, or 6-year period, if it has achieved only basic education or basic education,
(e) the tenth grade, which has achieved only higher vocational education for a period of 1 year, or only secondary education with a graduate examination for a period of 3 years, or only secondary education with a certificate of 4 years, or only secondary education for a period of 5 years, or 7 years if it has achieved only basic education or basic education;
(f) the eleventh to sixteenth grade, which has achieved only a university education in the Bachelor's study programme for a period of 2 years, a higher vocational education for a period of 3 years, or only a secondary education with a graduate examination for a period of 5 years, or only a secondary education with a certificate for a period of 6 years, or only a secondary education for a period of 7 years, or a period of 9 years, if it has achieved only a basic education or educational basis, with the exception of a senior judicial officer in the grade referred to in Article 3 (4) (i), to which it shall deduct for a period of 4 years.
(9) For the purposes of the step-up of a staff member, the period of work required in the grade to which the staff member is classified shall be fully included in the deductible practice.
(10) The higher level of pay tariff shall be payable to the staff member from the first day of the calendar month in which he reached the period of deductible practice laid down for each step in Annexes 1 to 4 to this Regulation.
Salary fare
(1) Staff members shall be responsible for the salary tariff determined in accordance with the scale of the rates set out in Annex 1 to this Regulation for the grade and grade to which they are classified, unless otherwise specified.
(2) Staff
(a) pedagogical works18), or carry out educational, educational, consulting and other professional activities in the field of leisure for children of asylum clients, 19)
(b) a healthcare professional, 20) who carries out teaching activities;
(c) academic work21) Police Academy of the Czech Republic,
(d) by a lecturer in the judicial academy22) or in the judicial school in Kroměříž,
(e) research and development personnel;
f) Professional employee of the Czech Nature and Landscape Protection Agency, 24)
(g) specialist at the Museum, Gallery, Library, 25) State Memorial Care, Observatory and Planetarium, Zoo Gardens, National Film Archive, Theatre Institute, or Artistic Employee of Theatre, Symphony Orchestra or Choir;
(h) a social security worker serving clients or patients in the form of direct service or basic educational care, or providing care;
(i) a social worker who provides social agendas, carries out social legal advice or carries out analytical, conceptual or methodological activities, or an employee who carries out psychological advice and examinations or provides psychotherapeutic services;
(j) an employee who performs mostly manual work in ensuring the mobility, repair and maintenance of infrastructure, the collection and processing of municipal waste and the maintenance of public green;
It shall be for the salary tariff determined in accordance with the scale of the rates set out in Annex 2 to this Regulation.
(3) Staff
(a) referred to in Section 73 (2) of the Labour Code,
(b) the employer referred to in § 73 (2) of the Labour Code,
(c) the State in the administrative office or other organisational component of the State referred to in Section 73 (2) of the Labour Code;
(d) which is an official of the local authority, 26)
(e) who is a professional soldier,
(f) which is a healthcare professional 20) and carries out the health profession;
(g) State of the Office for Foreign Relations and Information
It is for the salary tariff determined in accordance with the scale of the rates set out in Annex 3 to this Regulation. A health worker who is a head of staff in a medical institution shall be entitled to a salary fare according to the preceding sentence only if, in the same employment relationship, in addition to the management function, he is required to perform the medical profession 25a).
(4) Staff member
(a) Police of the Czech Republic,
b) Prison services of the Czech Republic,
(c) Information security services;
(d) the Czech Fire Department; or
e) Customs administration of the Czech Republic,
It shall be for the salary tariff determined in accordance with the scale of the rates set out in Annex 4 to this Regulation.
Special method of determining the salary tariff for certain employees
(1) The employer may determine the fee rate within the range of the fees set for the lowest to highest grade of the relevant grade of the staff member
(a) to the first to fourth grade; or
(b) to a fifth and higher level, which carries out artistic, artistic, artistic, teaching, sports and coach activities, carries out intelligence tasks, is seconded to a peacekeeping force unit to participate in peacekeeping operations abroad or carries out specialised professional activities in the rapid deployment of the Police of the Czech Republic in a department with competence throughout the territory of the Czech Republic or the work of an executive pilot;
where the number of employees concerned by this method of determining the salary tariff and the rules for determining the salary tariff within the range of the lowest to the highest grade of the relevant grade are agreed in a collective agreement or laid down by an internal salary regulation. The range of artistic and artistic staff and the rules for determining the wage fare as set out in the first sentence may be laid down by the employer by an internal salary regulation only if the employer is not involved in a trade union organisation.
(2) The employer who is a health care institution and provides public health care, 27) may, with the prior consent of the founder, negotiate in a collective agreement a method of determining the wage rate for the fifth and higher grade employees within the range of the salary rates set for the lowest to highest grade in the relevant grade.
Personal surcharge
(1) Employees who have achieved very good work results in the long term or perform a greater range of tasks than other employees may provide a personal surcharge of up to 50% of the salary rate of the highest grade in the grade to which the employee is classified.
(2) Employees who are an excellent, generally recognised expert and who carry out work classified in the 10th to 16th grade and who carry out intelligence tasks and are an excellent expert may provide a personal surcharge up to 100% of the highest grade wage rate in the grade to which the staff member is classified.
(3) The employer may decide to increase, reduce or, where appropriate, withdraw a personal supplement depending on the fulfilment of the conditions laid down in paragraphs 1 and 2.
Management supplement
(1) According to the degree of management, the degree of complexity of the management work and the competence of the employer, as laid down in Annexes 5 to 7 to this Regulation, shall be subject to a management fee to the lead employee who is not subject to the management fee provided for in Article 5 (1) of the Act.
(2) An officer responsible for carrying out certain tasks in the management of the municipal police is entitled to a management fee under the conditions set out in paragraph 1 and at the level set out in Annex 5 to this Regulation.
(3) Where the employer's competence does not provide for legislation, it shall be provided for for the purpose of providing a charge for management by the authority, within the limits of its own competence.
(4) A representative of the statutory body shall be the head of staff who is entitled to represent the statutory body in its full capacity for the purpose of providing the management premium.
Special allowances
(1) Staff working in difficult and healthy working conditions are subject to a surcharge of the amount and under the conditions laid down in the specific legislation. 28)
(2) Employees to whom the employer, in the context of a two-shift, three-shift or continuous operation (29), has planned working hours in such a way that they work alternately in the morning, afternoon or night shift, there is a surcharge of CZK 100 to CZK 500 per month.
(3) Employees carrying out direct pedagogical activity, diagnostic or social work with children, pupils and students with special educationneeds 29a) in schools, classrooms, departments or study groups set up separately for them 29b) or in classes or groups of educational institutions set up separately for children, pupils and students with special educationneeds 29c) or in a special pedagogical centre 29d) or in educational establishments for the performance of constitutional education or protective education and for preventive education 29e) are subject to a surcharge of CZK 100 to CZK 1,000 per month.
(4) Staff who continuously perform the work of a class teacher, a class teacher at a conservatory or a study group head at a higher vocational school are subject to a supplement of:
(a) 200 CZK to 800 CZK per month, or
(b) 500 CZK to 1,800 CZK per month, provided that the work is carried out in the schools, school establishments and classes referred to in paragraph 3, or in classes with pupils of different consecutive years within one class in primary schools which do not have all the grades set up. In the performance of the work of a class teacher in several classes, the staff member shall be entitled only one additional charge, the amount of which shall be determined by the employer within a range which is more favourable to the staff member if the conditions laid down are met.
(5) The teacher of vocational training, whose direct teaching activity is linked to an extraordinary neuropsychological burden consisting of continuous supervision of pupils who are at increased risk of injury due to the use of machines, tools or instruments in vocational training, is subject to a surcharge of CZK 200 to CZK 800 per month.
(6) Staff who consistently provide health care in operating rooms, anesthesiologiccoruscitation departments, intensive care units and oncology are subject to an additional fee of CZK 200 to CZK 1,000 per month.
(7) Employees who are engaged in teaching activities in social care facilities or in the Department of Social Welfare for persons mentally or physically disabled are subject to an additional fee of CZK 100 to CZK 500 per month.
(8) Medical staff and staff in charge of service and social care, whose work is linked to an exceptional burden consisting of continuous direct care of persons in the psychiatric and gerontological departments of bed facilities, in the separate nursing departments of persons who are bedridden or who require other demanding nursing care, and where appropriate in the separate nursing departments for the care of demented persons in the homes of pensioners and social care institutions for persons mentally or physically disabled and of disabled children in medical institutions, a surcharge of CZK 100 to CZK 500 per month applies.
(9) A surcharge of up to CZK 500 to CZK 2,000 per month is payable to a member of the medical rescue group.
(10) Employees whose performance is linked to an extraordinary neuropsychological burden consisting of continuous direct personal contact with citizens in crisis social situations are subject to a surcharge of CZK 200 to CZK 1,000 per month.
(11) The staff of the health service, which consistently carries out and provides state health surveillance outside the employer's headquarters and its organisational departments, is subject to an additional fee of CZK 200 to CZK 800 per month.
(12) Staff performing the duties of an executive flyer are subject to a surcharge of CZK 500 to CZK 6,000 per month.
(13) The officer is entitled to a surcharge of CZK 500 to CZK 3,000 per month for the risk of securing local public order issues.
(14) Staff whose work is linked to an exceptional risk in the protection of the interests of the State and consists of:
(a) continuous review, control and search activities outside the head office of the employer and his organisational departments shall be subject to a surcharge of CZK 200 to CZK 800 per month, unless the activity is carried out by a legal person whose employer is the founder or founder, or under a special law managed by him,
(b) the review, control and search activities in the verification of the accuracy of the data for tax and tax payers, health and social insurance premiums and the contribution to the state employment policy are subject to a surcharge of CZK 100 to CZK 500 per month, or
(c) the acquisition of statistical data within the framework of the national statistical service directly from citizens in their households, in particular the amount and structure of their income and expenditure, employment, social standards and living conditions, is subject to a surcharge of CZK 100 to CZK 500 per month.
(15) The staff of the Ministry of Finance's financial analysis department and the staff of the Territorial Financial Authority whose work consists in the exercise of state supervision, in the continuous review, control, search, detention and execution activities, in the decision-making process of tax or other administrative management within the jurisdiction of the Territorial Financial Authority, as well as in the anti-legalisation of proceeds from criminal activity, shall be subject to an additional charge of CZK 500 to CZK 4,000 per month, if this work is associated with an exceptional risk to the protection of the interests of the State of life or health or other serious risks.
(16) The staff of the Office of the Government of the Czech Republic are subject to a special surcharge of CZK 200 to CZK 1,500 per month for the performance of specific tasks for a military emergency or for emergency measures outside the period of a military emergency and for works related to the security of the state according to the level of risk and exceptional requirements arising from working conditions.
(17) The staff of the National Security Office, which carries out tasks related to the protection of the security interests of the State in which his life or health may be compromised or other serious risks arising from increased neuropsychological burden, are subject to a surcharge of CZK 100 to CZK 4,000 per month.
(18) Staff of the Mining Authority supervising
a) above mining and mining activities carried out in a mining way, there is a surcharge of CZK 500 to CZK 2,000 per month,
b) in underground workplaces in conditions requiring the use of insulating breathing apparatus and participating in rescue and emergency work, there is a surcharge of CZK 700 to CZK 4,000 per month.
(19) Staff
a) performing geodetic work in the underground connected with map creation, there is a surcharge of CZK 200 to CZK 1,000 per month,
b) conduct photographic evaluation and redrawing, there is a surcharge of CZK 100 to CZK 500 per month.
(20) Employees whose performance is linked to an extraordinary neuropsychological burden consisting of continuous direct personal contact with jobseekers and employees who carry out social security assessment activities in continuous direct personal contact with citizens are subject to a surcharge of CZK 200 to CZK 1000 per month.
(21) Employees who are in contact with detainees, accused persons, accused persons or convicted persons are subject to an additional fee of CZK 200 to CZK 1,000 per month.
(22) Staff performing the enforcement tasks, 30) An extra charge of CZK 500 to CZK 2,000 per month is payable.
(23) Staff
(a) the armed forces of the Czech Republic;
(b) Ministry of Defence,
(c) the State's organisational component or contribution organisation set up by the Ministry of Defence;
(d) the police of the Czech Republic,
(e) prison services,
(f) the Ministry of Justice, which shall exercise continuous supervision of the execution of the detention and imprisonment;
(g) Fire department of the Czech Republic,
(h) the customs authority;
(i) intelligence services;
(j) Ministry of Foreign Affairs,
who carries out activities related to the protection of the interests of the State in which his life or health may be at risk, or other serious risks, are subject to a surcharge of CZK 1,000 to CZK 4,000 per month in the I. group, CZK 500 to CZK 2,000 per month in the II. group or CZK 100 to CZK 1,000 per month in the II. group. The inclusion of such activities in the I., II. or III Group shall be determined by the Minister of Interior, the Minister of Defence, the Minister of Finance, the Minister of Foreign Affairs, the directors of the intelligence services or the Minister of Justice, depending on the degree of risk involved.
(24) Employees included in the armed forces and in the security corps, who are seconded within the United Nations' multinational forces or international police forces, or within the framework of a European Union police mission outside the Czech Republic, shall, for the duration of their stay abroad, be subject to a surcharge of between USD 700 and USD 4,000 per month, or equivalent in EURO, as appropriate. The conditions for determining the amount of the surcharge and the amount of the surcharge within this margin shall be determined by the Minister of Defence, the Minister of Justice or the Minister of the Interior, under the jurisdiction of the staff member.
(25) Staff shall be responsible only for one of the allowances provided for in paragraphs 3 to 24. The amount of the special supplement shall be determined by the employer's staff within the range most favourable to the staff member if the conditions laid down are met.
(26) The amount of the premium shall be determined by the employer within the limits set.
Remuneration
The employer may grant the employee a remuneration
(a) for the successful achievement of an exceptional or particularly important task;
(b) to assess his work merit at the age of 50 and at the first termination of his employment or service after the invalidity pension has been granted or after having acquired entitlement to an old-age pension;
(c) providing assistance in preventing, disposing of, or disposing of, fires or natural events, or in other emergencies in which property, health or life may be at risk;
(d) for the improved economic result of the contribution organisation. 31)
Common, transitional and final provisions
(1) In order to mitigate the consequences of the injustices caused by the labour acts carried out between 25 February 1948 and 1 January 1990, the employer may, by way of derogation from Article 4 (4), include in full the period of other practice, provided that the worker was unable to practice in the field of the required work because of an invalid labour law act. 36)
(2) In order to mitigate the consequences of decisions taken by pupils and students as a result of political persecution during the period from 25 February 1948 to 1 January 1990, the employer may, by way of derogation from § 4 (3) and (4), include in full the period of experience in the field of required work achieved before the completion of the degree of education set out in the catalogue of work or required by the employer and the period of other practice, provided that the staff member has duly completed the course of study rehabilitation.
(1) Leaders38) means, for the purposes of this Regulation, also a member of the armed forces and of the security forces and services in service, 39) who is entitled to impose on subordinate staff tasks, to organise, manage and control their activities and to issue orders, orders and mandatory instructions to that effect.
(2) In the case of members of the armed forces, security bodies and services in the service relationship, the employer's duties shall be performed by those who are entitled to act in the matters of service under special legislation. 40)
The employer shall not reassess the deductible practice counted on the date of entry into force of this Regulation unless the staff member has changed the type of work agreed in the employment contract or changed the function under the special legislation. 41)
The following shall be deleted:
1. Government Decree No. 251 / 1992 Coll., on the pay ratios of employees of budgetary and certain other organisations.
2. Government Regulation No. 76 / 1994 Coll., amending Government Regulation No. 251 / 1992 Coll., on the pay ratios of budgetary staff and certain other organisations.
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Regulation Information
| Citation | Government Decree No. 330 / 2003 Coll., on the remuneration of employees in public services and administration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.10.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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