What is Act No. 332 / 2014 Coll.?

Act No. 332 / 2014 Coll., amending Act No. 221 / 1999 Coll., on Professional Soldiers, as amended, and other related laws — Act amending Act No. 221 / 1999 Coll., on Professional Soldiers, as amended, and other related laws.

When it became Act No. 332 / 2014 Coll. effectiveness?

Act No. 332 / 2014 Coll. became effective 01.07.2015.

Is Act No. 332 / 2014 Coll. still valid?

Yes, Act No. 332 / 2014 Coll. is still valid and effective.

How many times was it Act No. 332 / 2014 Coll. amended?

Act No. 332 / 2014 Coll. has 3 time versions of the text.

Act No. 332 / 2014 Coll. - Act amending Act No. 221 / 1999 Coll., o...

332

THE LAW

of 9 December 2014

amending Act No. 221 / 1999 Coll., on professional soldiers, as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Professional Soldiers Act

Čl. I

Act No. 221 / 1999 Coll., on professional soldiers, as amended by Act No. 155 / 2000 Coll., Act No. 129 / 2002 Coll., Act No. 254 / 2002 Coll., Act No. 362 / 2003 Coll., Act No. 546 / 2005 Coll., Act No. 189 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 305 / 2008 Coll., Act No. 306 / 2008 Coll., Act No. 470 / 2011 Coll., Act No. 122 / 2012 Coll., is amended as follows:

1. in Paragraph 3 (1), point (b) shall be deleted;

Points (c) to (f) shall be renumbered (b) to (e).

2. In Article 5 (1), at the end of point (f), the comma is replaced by a dot and point (g) is deleted.

3. In Article 5 (4), "amend 'is replaced by" extend'.

4. In Article 5, the following sentence is added at the end of paragraph 4: "A service body may, at the request of a soldier only, for serious personal or social reasons, namely the personal care of a person under 10 years of age who is dependent on the assistance of another person in grade I, or of a person who is dependent on the assistance of another person in grade II to IV under the Social Service Act (51), if he lives with a soldier in the common household and cannot receive such care from another member of the military family; the condition of a common household is not required if it is a close person. ';

Footnote 51 reads:

"51) § 8 of Act No. 108 / 2006 Coll., on Social Services, as amended."

5. Paragraph 6 (1) reads as follows:

"(1) In the course of the service, Voják performs the service according to the needs of the Czech Republic in the Czech Republic and abroad

(a) in the armed forces of the Czech Republic,

(b) in the Ministry,

(c) military schools;

(d) the Military Police; or

(e) Military Intelligence. ';

6. In Paragraph 6 (2), the words "according to the needs of the armed forces' are replaced by the words" in the interest of the service '.

7. Paragraph 6 (3) reads as follows:

"(3) A soldier shall be assigned to a post of service according to his / her formal qualifications, duration of service in rank and conclusions of his / her duties. The post shall be defined by incorporation in the organisational structure referred to in paragraphs 1 and 2, a description of the most complex service activities and their respective rank and qualifications. ';

8. In Article 6 (7), the words "the Scouts and 'are deleted and the words" depending on their complexity, responsibility and exertion' are added at the end of the text of the paragraph.

9. The following Section 6a is inserted after Section 6:

„§ 6a

Applicable time in the service classification

(1) The operative period in the service classification (hereinafter referred to as "the operative period") is the period for which a soldier may remain in the service classification. The period applicable to each service classification shall be based on the type of service classification and shall be at least 2 years and not more than 15 years.

(2) The term of office shall begin on the day of the military's official assignment.

(3) At least 4 months before the end of the relevant period, the service authority must decide whether:

(a) a soldier shall be assigned to a post of higher rank,

(b) the relevant period of service in the service assignment shall be extended;

(c) a soldier shall be assigned to another post of service of the same rank as that of the soldier; or

(d) a soldier will be released from service.

(4) The type of service classification shall be determined by the Ministerial Order. '

10.Paragraph 7 (5) reads:

"(5) In the course of an occupation or as a result of organisational changes, a soldier may be appointed to a lower rank than he has achieved with his consent. When placing a soldier in the reserve, he shall have the highest rank achieved during a military active service. '.

11. in § 7 (7), § 53 (2) (d), § 107 (2), § 110 (1), § 117 (2), § 123 (2), § 132 (2), § 133 (1), § 139 (2), § 140 (1), § 141 (4) and § 143 (5), the word "salary" shall be replaced by "service salary."

12. in Paragraph 7 (8), "4" is replaced by "6."

13. the following Section 7a is inserted after Section 7, including the title:

„§ 7a

Appointment to a higher rank

A soldier may be appointed up to the higher rank laid down for a post at the earliest on the date of inclusion in the post if he has fulfilled the qualification requirements for him, was qualified for him and remained at least the shortest period of validity. ';

14. in Article 8 (1) (a), "1 year" is replaced by "2 years."

15. in Paragraph 8 (1) (b), the words "and Lieutenant" shall be replaced by the words "Lieutenant and Colonel."

16. in Article 10 (2) (a), the words "not more than 3 months and with the consent of the Minister" shall be deleted;

17. in Paragraph 10 (2) (f), including footnote 4:

"(f) parental leave for the period during which he is granted maternity assistance under the sickness insurance Act (4);

4) Paragraph 32 (1) (b) to (e) of Act No. 187 / 2006 Coll., on sickness insurance, as amended. '

18. In Article 10, the dot is replaced by a comma at the end of paragraph 2 and the following point (j) is added:

"(j) capture."

19. in Paragraph 10 (6), "1 year" is replaced by "6 months."

20. In Paragraph 10a, the words "Security Corps" are deleted.

21.

„§ 13

Endorsement of the service in another service classification

(1) A soldier may be entrusted with the performance of a service in another level of service of the same or higher level for a maximum period of 1 year. During this period, a soldier shall not perform the duties and duties arising from his or her current rank.

(2) A soldier shall not be entitled to be appointed in the rank specified for that rank when he is assigned to another service. ';

22. After Paragraph 13, the following Section 13a is inserted:

„§ 13a

Representation

(1) A soldier is required to represent a superior or a soldier in a seniority with the same or higher rank at the command of the service authority. During this period, the soldier shall simultaneously carry out the duties and duties arising from his or her seniority.

(2) The period of representation may not exceed 6 months in a calendar year; If the soldier agrees, the period of representation may be longer but not more than 12 months.

(3) A soldier shall not be entitled to be appointed in the rank specified for that rank when represented in another seniority. ';

23. After Paragraph 14, the following Section 14a is inserted:

„§ 14a

Study Stay

(1) A soldier may be sent for a study stay. The study stay is training, course or professional internship.

(2) For the duration of the study stay, the soldier shall be subordinate in the performance of his / her duties to the superior who directs the study stay.

(3) During the study stay, the soldier is compensated as during the business trip. "

24. In Paragraph 15 (1), the words "according to the needs of the armed forces' are replaced by the words" in the interest of the service '.

25. in Articles 16 (2) and 19 (2), "with the needs of the armed forces" shall be replaced by "with the interests of the service."

26. In Article 17 (1), the words "of service 'are replaced by the words" of service'.

27. In Article 17, the following paragraphs 3 and 4 are inserted after paragraph 2:

"(3) A soldier may object in writing to the conclusions of the service evaluation or its individual parts within 3 working days of the date on which he became acquainted with the service evaluation. Opposition must be justified by the soldier and proposed a method of adjusting the service evaluations, otherwise objections shall not be taken into account. The nominated assessor shall comply with the views of the assessor and amend or reject the assessments and confirm the evaluation within 10 days of receipt of the objections. No further objections to the modified service evaluation may be raised.

(4) Where the service authority responsible for determining the service salary of a soldier reasonably considers that the service rating of a soldier does not correspond to the actual performance of his or her duties, it shall, within 5 working days of the date of submission of the service evaluation with a proposal for adjusting the service salary, the processing of the new service evaluation. A soldier has the right to object to a new service evaluation. '

Paragraph 3 shall become paragraph 5.

28. in Paragraph 18 (i):

"(i) the limitation of incapacity,"

29. in Article 19 (1) (h), the words "service evaluations" are replaced by the words "two service evaluations."

30. In Article 19, at the end of paragraph 1, the dot is replaced by a comma and the following points (n) and (o) are added:

"(n) the relevant period of service has expired,

(o) under special legislation, he is not eligible for further service in the current seniority classification, which is due to his actions. "

31. In the first sentence of Paragraph 19 (3), "3 'is replaced by" 2' and "6 'is replaced by" 9'.

32. in Paragraph 20 (1), the introductory part of the provision reads: "The decision to release a soldier from service may not be given."

33.In Paragraph 20 (1) (c):

"(c) at a time when a soldier is on parental leave,"

34. in Article 20 (2), "to (l)" is replaced by "to (o)";

35. Paragraph 22, including the title, reads:

„§ 22

Consequences of revocation of the discharge decision

(1) If the discharge decision is cancelled, the service shall continue with all rights and obligations, including the right to cash requirements, at present.

(2) A soldier shall be entitled to cash requirements to the extent and in the amount due to him during the 3 years preceding the date of revocation of the decision on discharge. If the period for which they have not been granted to him exceeds 3 years, the payment of cash shall be granted only after 3 years.

(3) For the purposes of paragraph 1, the service salary shall be set at the amount of the service salary retained in accordance with Paragraph 68i.

(4) If a soldier informs the service authority that he does not insist on continuing the service referred to in paragraph 1, the service shall cease on the date of service of the notification of the soldier. Such termination of service shall be deemed to constitute termination of service under Paragraph 18 (a). ';

36. In Paragraph 24 (2), the words "for the benefit of the armed forces' are replaced by the words" for the sake of the service '.

37.In Paragraph 25 (1), "42,5 hours" is replaced by "40 hours."

38. in § 25 (2), § 31c (4), § 87, § 108 (1), § 118 (1) and (2) and § 139 (2), the word "salary" is replaced by "service salary."

39. Paragraph 26, including the title, reads:

„§ 26

Layout of the basic weekly service period

(1) The layout of the basic weekly service period is decided by the service authority. It sets the beginning and end of the service period in each day; the continuous service period may not exceed 30 hours. A two-shift or three-shift mode of service shall be considered where soldiers take turns in two or three services within 24 hours consecutive. A continuous duty regime in which soldiers take turns in service within 24 hours consecutive to ensure the continuous performance of their duties 24 hours a day for 7 days a week shall be considered as continuous. The term of service in each day may be divided into two parts by the supervisor.

(2) The basic weekly service period shall normally be spread evenly over 5 days of service so that the continuous rest days of the week are, if possible, on Saturday and Sunday. If the nature of the service so requires, the period of service may be spread out unevenly; the average weekly service period shall not, as a general rule, exceed the basic weekly service period for a four-week period but not more than 26 weeks consecutive. ';

40. Paragraph 27 (2) reads as follows:

"(2) Food and rest breaks shall not be provided at the beginning and end of the daily service. A reasonable period of time for food and rest shall be included in the basic weekly duty period, which shall be provided instead of a break in service. ';

41. In Article 27, the following paragraph 3 is added:

"(3) The provided food and rest breaks are not counted against the basic weekly duty period."

42. Paragraph 28, including the title, reads:

„§ 28

Continuous rest between services and continuous rest of the week

(1) A soldier shall be entitled to a continuous rest of at least 11 hours between the end of one service and the beginning of the following service. In the important interest of the service, continuous rest can exceptionally be reduced to up to 6 hours. For the purposes of this Title, the security of the performance of unexpected or exceptional tasks and the performance of the service in the continuous mode of service in the surveillance of military objects, oversight services and air traffic security shall be considered to be an important interest of the service.

(2) Once a week, continuous rest must be at least 36 hours. The continuous rest of the week can be reduced to up to 12 hours if this requires an important interest in the service.

(3) In the event of shortening of the continuous rest period between services or in the week, or failure to provide rest in 24 hours consecutive, because the continuous service lasted more than 24 hours, the following continuous rest shall be extended by the shortened part.

(4) If it is not possible for an important interest of the service to extend the following continuous rest period between the services or in a week, the reduced rest period must be provided to the soldier no later than 6 weeks after its shortening. '

43.Paragraph 29 (3) reads as follows:

"(3) On average, the service over the basic weekly service period shall not be more than 8 hours per week for a maximum of 26 consecutive weeks. For a service above the basic weekly service period over 300 hours in a calendar year, the soldier shall have a spare leave. ';

44. In Article 29, paragraphs 4 and 5 are added:

"(4) Compensation shall be granted without delay by the service authority, no later than 6 months after the service is performed over the basic weekly period of the service, provided that this does not prevent an important interest in the service. If no replacement leave has been granted within the prescribed period, the soldier shall be entitled to take the replacement leave at his discretion for the following 3 months. A notice with a specified date of taking the replacement leave shall be submitted by the soldier at least 7 days in advance, unless he or she agrees with the service authority on another date of determination of the date of entry.

(5) If this requires an important interest in the service, the superior may change the designated date of taking a replacement leave or withdraw it from the alternate leave. In this case, a soldier shall be entitled to compensation for the costs he has incurred. In the event of the removal of a soldier from taking a replacement leave, the superior shall be obliged to provide a replacement leave within the replacement period agreed with the soldier. ';

45. in Article 30 (2) and (3):

"(2) Service standby means the presence of a soldier in military objects or other places designated by the superior, outside the service period, and the readiness to commence the duties at the designated location and at the specified time. The soldier is obliged to refrain from any action which would prevent him from receiving the order and, if necessary, the performance of the service during the period of duty.

(3) A service emergency at a location other than military premises is not included in the basic weekly duty period. The service emergency in military buildings does not count only for the period of central coordination of rescue and liquidation work, for the duration of the crisis or if it is reasonable to expect that the Army of the Czech Republic will soon be used to perform the tasks of the Police of the Czech Republic, or that a state of threat will be declared. "

46. In Article 30, the following paragraph 4 is added:

"(4) A service emergency cannot be ordered to a soldier who has a defined shorter weekly service period. ';

47. In Paragraph 31 (2), the words "on continuous rest between services, continuous rest in the week and on breaks in the service" shall be deleted.

48. in Paragraph 31a (1):

"(1) Continuous military training means a continuous sequence of training activities designed to deepen or verify the level of training, the psychological and physical resistance of soldiers as close as possible to the conditions of actual performance of tasks and taking place for at least 48 hours. ';

49. In Paragraph 31a, at the end of paragraph 2, the sentence "Only the period during which continuous military training interferes with the otherwise normal period of service of a soldier shall be taken into account."

50. in Article 31b (1), the words "the armed forces" shall be deleted;

51.Paragraph 31b (2) reads as follows:

"(2) Only 8 hours for each normal day of service, in which continuous military deployment in the Czech Republic took at least 8 hours, are included in the basic weekly service period. The provisions on the basic weekly service period, the service taking place over the basic weekly service period, the continuous rest between the services and the continuous rest of the week and the breaks in the service shall not apply. ';

52. Paragraph 31c (3) reads as follows:

"(3) If the continuous military deployment on the territory of the Czech Republic takes less than 48 hours, the soldier shall be entitled to leave at the time when he should otherwise be serving, corresponding to the period of service which was not included in the basic weekly service period. If the continuous military deployment on the territory of the Czech Republic exceeds 48 hours, the soldier shall be entitled for every 48 hours of service to 8 hours of leave at a time when he should otherwise be serving. Under the same conditions, a soldier shall be entitled to leave for continuous military training, except where he follows continuous military training to perform the service of a soldier in a foreign operation under § 40a. '

53.In Article 31c (4), the third sentence is deleted.

54. In Section 31c, paragraphs 5 to 9 are added:

"(5) If leave has not been granted within the period laid down in paragraph 4, the soldier shall be entitled to take leave at his discretion in the following month. A notice with a specified date of departure shall be submitted by the soldier at least 7 days in advance unless he or she agrees with the service authority on another date of departure.

(6) If this requires an important interest in the service, the superior may change the designated date of taking time off or withdraw it from taking time off. In this case, a soldier shall be entitled to compensation for the costs he has incurred. In the event of the removal of the soldier from the drawing of leave, the superior shall be obliged to provide the leave within a replacement period agreed with the soldier.

(7) If, within the time limit laid down in paragraph 5, no leave has been granted for reservice in continuous military deployment on the territory of the Czech Republic and a soldier with a superior has not agreed otherwise to provide it, the soldier shall be entitled to an appropriate part of his service salary instead of his leave.

(8) After the completion of intensive military training, continuous military training and continuous military deployment on the territory of the Czech Republic it is not possible to shorten the continuous rest before joining the following service.

(9) Where at least 12 hours of continuous rest has not been provided in accordance with paragraph 2 during 168 hours of continuous military training or continuous military deployment on the territory of the Czech Republic, the duration of continuous military training or continuous military deployment on the territory of the Czech Republic shall be granted for every 168 hours, together with any subsequent continuous rest in the week, no later than 6 weeks after the end of continuous military training or continuous military deployment on the territory of the Czech Republic. ';

55. In Paragraph 33, the sentence "If the proper leave or proportion of the leave was not exhausted until the termination of service is completed, the soldier shall be paid for that period. '

56. Paragraph 36 shall be deleted, including the title.

57. In Article 42, the following paragraph 3 is added:

"(3) Article 25 to 30 shall apply mutatis mutandis to soldiers who are included in the evaluation body of candidates, taking into account the needs of study and training, in such a way that the period of service can be divided into more than two parts per day, or grouped together. However, the average basic weekly service period shall not exceed the basic weekly service period for a period of not more than 13 weeks consecutive, and the rest between services provided and the continuous rest of the week during the same period shall not be less than the entitlement laid down in Sections 25 (1) and 28. '

58. in Articles 47 (1), 48 (1) (c) and 59 (2) (f), the words "armed forces" are replaced by the words "services."

59.In Paragraph 57 (2), "30" is replaced by "60."

60. in Paragraph 59, the following paragraph 4 is added:

"(4) The Ministry may provide care under paragraph 2 (h) to a soldier's family in order to prevent risk behaviour."

61. in Paragraph 60 (1), the word "close" shall be replaced by "may close" and the word "usable" shall be replaced by "requested."

62. Paragraph 61, including the title, reads:

„§ 61

Accommodation

(1) In the municipality of the service or in the municipality from which it is possible to commute daily public transport to the place of regular service so that the total daily time spent by the service does not exceed 3 hours, the Ministry will provide the soldier at his request for accommodation for the duration of the service.

(2) The accommodation is provided free of charge to a soldier who is officially assigned as a candidate. The accommodation shall be secured from the date of commencement of the study or training to the date of completion; it shall not be secured when travelling and staying outside a military school and military facilities which are not in the interest of the service and at the time of proper leave.

(3) In the course of a business trip, study stay and departure, the soldier is provided with free accommodation. '

63. After Paragraph 61, the following Section 61a is inserted:

„§ 61a

Staff housing allowance

(1) A soldier is entitled to a monthly service allowance for housing (hereinafter referred to as the "service allowance") of between one and two times the amount of CZK 3,000 according to the category of community service and the number of inhabitants living in that community. The amount of the service allowance is increased by CZK 300 for each member of the family, up to a maximum of CZK 1,200. Persons shall be considered members of the family in accordance with § 71 (5).

(2) Entitlement to the service allowance shall cease when the service is terminated. The service allowance to a soldier shall not, for the duration of his service, be a candidate, a probationary period, for the duration of the termination of service pursuant to § 11, for the period of his absence in service, for the duration of his appointment to the disposal period referred to in § 10 (2) (g), (h) and (i), or if the Ministry is paid by the Ministry for rent for the flat at the place of regular service abroad.

(3) If there are more than one soldier living in the common household, the service allowance is equal to each. In the absence of family members under Paragraph 71 (5), the proportion of the service allowance shall be calculated from the entitlement of the soldier to whom a higher increase is due in accordance with paragraph 1. Living in a common household with another soldier shall be required to notify the service authority responsible for deciding on the amount of the service allowance in writing. For the purposes of entitlement to a household allowance, a soldier residing with another soldier who is the owner or tenant of the apartment shall be considered to be a member of the household without participating in the cost and running of the household.

(4) Paragraphs 68l to 68n shall apply to the maturity and payment of the service allowances.

Citation	Act No. 332 / 2014 Coll., amending Act No. 221 / 1999 Coll., on Professional Soldiers, as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	29.12.2014
Effective from	01.07.2015
Effective until	-
Status	Valid

Act No. 332 / 2014 Coll.

Act amending Act No. 221 / 1999 Coll., on Professional Soldiers, as amended, and other related laws

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