What is Full text of Act No. 355 / 2009 Coll.?

Full version of Act No. 355 / 2009 Coll., Act No. 221 / 1999 Coll., on Professional Soldiers, as seen from subsequent amendments — Full text of Act No. 221 / 1999 Coll., on professional soldiers, as seen from subsequent amendments.

When it became Full text of Act No. 355 / 2009 Coll. effectiveness?

Full text of Act No. 355 / 2009 Coll. became effective date not available.

Is Full text of Act No. 355 / 2009 Coll. still valid?

Yes, Full text of Act No. 355 / 2009 Coll. is still valid and effective.

Full text of Act No. 355 / 2009 Coll.

Full text of Act No. 221 / 1999 Coll., on professional soldiers, as seen from subsequent amendments

Valid Declared full text

Text versions: 12.10.2009

ČÁST PRVNÍ § 1 § 2 ČÁST DRUHÁ HLAVA I § 2a § 3 § 4 § 5 HLAVA II § 6 § 7 § 8 § 9 § 10 § 10a § 11 § 12 § 13 § 14 § 15 § 16 § 17 HLAVA III § 18 § 19 § 20 § 21 § 21a § 22 § 23 HLAVA IV § 24 § 25 § 26 § 27 § 28 § 29 § 30 § 31 § 31a § 31b § 31c HLAVA V § 32 § 33 § 34 § 35 § 36 § 37 § 38 § 39 HLAVA VI § 40 § 40a § 41 § 42 § 43 ČÁST TŘETÍ HLAVA I § 44 § 45 § 46 § 47 HLAVA II § 48 § 49 HLAVA III § 50 § 51 § 52 § 53 § 54 § 55 § 56 § 57 § 58 ČÁST ČTVRTÁ § 59 § 60 § 61 § 62 § 63 § 64 § 65 ČÁST PÁTÁ HLAVA I § 66 § 67 § 68 HLAVA II § 69 § 70 HLAVA III § 71 § 72 § 73 § 74 § 75 § 76 § 77 § 78 § 79 § 80 § 81 § 82 § 83 § 84 § 85 § 86 § 87 § 87a § 88 § 88a § 89 HLAVA IV § 90 § 91 § 92 § 93 HLAVA V § 94 § 95 § 96 § 97 § 97a ČÁST ŠESTÁ § 98 § 99 § 100 ČÁST SEDMÁ HLAVA I § 101 § 102 § 103 § 104 § 105 § 106 § 107 § 108 § 109 § 110 § 111 HLAVA II § 112 § 113 § 114 § 115 § 116 § 117 § 118 § 119 § 120 § 121 § 122 § 123 § 124 § 125 HLAVA III § 126 § 127 § 128 § 129 § 130 ČÁST OSMÁ § 131 § 132 § 133 § 134 § 135 § 136 § 137 § 138 § 139 § 140 § 141 § 142 § 143 ČÁST DEVÁTÁ HLAVA I § 144 § 145 § 146 HLAVA II § 147 § 148 HLAVA III § 149 § 150 § 151 § 152 HLAVA IV § 153 § 154 až § 158 zrušeny ČÁST DESÁTÁ HLAVA I § 159 § 160 § 161 § 162 § 163 HLAVA II § 164 § 165 § 165a HLAVA III § 166 § 167 § 168

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355

PRESIDENT OF THE GOVERNMENT

Announces

full text of Act No. 221 / 1999 Coll., on professional soldiers, as follows from amendments made by Act No. 155 / 2000 Coll., Act No. 129 / 2002 Coll., Act No. 254 / 2002 Coll., Act No. 309 / 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. 479 / 2008 Coll.

THE LAW

on professional soldiers

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

This law regulates the creation, change, demise and content of the employment conditions of professional soldiers (hereinafter referred to as the "service relationship ').

§ 2

(1) An occupational soldier ("soldier") is a citizen who carries out a military active service as his employment. The soldier is in service to the Czech Republic. A citizen can only be called into service on his own request.

(2) Legal acts in matters of service on behalf of the Czech Republic are done by the service authorities, which are the President of the Republic (hereinafter referred to as "the President," the Minister of Defence (hereinafter referred to as "the Minister") and to the extent specified by the President's order or by the Minister's order, by the commanders, chiefs, directors and other senior staff.

(3) The service authorities are required to ensure equal access and equal treatment to service for all applicants (hereinafter referred to as "the applicant ') and to all soldiers in the creation of conditions for the performance of the service, in particular as regards training and achievement of the professional process, remuneration, other cash performance and performance of cash value. Discrimination against applicants and soldiers on grounds of race, colour, sex, sexual orientation, belief and religion, nationality, ethnic or social origin, property, gender, marital and family status and family responsibilities, pregnancy or motherhood or because soldiers are breast-feeding shall be prohibited. There is also a ban on the conduct of service bodies which discriminate not directly, but only in their consequences. Induction to discrimination is also regarded as such. Discrimination shall not be regarded as a case where there is a substantive reason for different treatment consisting of the nature of the service carried out by a soldier and which is necessary for the performance of that service.

(4) Neither the service body nor the soldier may abuse the exercise of the rights and obligations arising from the service to harm another soldier or to humiliate his dignity. Unintended conduct of sexual nature and all forms of harassment, which seek to undermine the dignity of a soldier, to create a intimidating, hostile, degrading and humiliating or offensive atmosphere, and which are unwelcome, inappropriate or may be legitimately perceived as a condition for decisions affecting the exercise of the rights and obligations arising from the service.

(5) If there is an infringement of the rights and obligations arising from equal treatment of soldiers or unwanted sexual conduct in the performance of duty, the soldier shall have the right to seek to refrain from such conduct and to remove the consequences of such conduct.

(6) The service authorities may not penalise or disadvantage a soldier in any way because he legally claims his rights and rights arising from the service.

ČÁST DRUHÁ

HAND, TRANSPORT, AMENDMENTS AND LIABILITIES

HLAVA I

ROLE OF SERVICE

§ 2a

Personal data

(1) From the beginning of the service until its termination, the service authorities process the following personal data (1):

(a) name and surname, including previous names and surnames and surnames;

(b) academic degrees and degrees with the dates of their confessions;

(d) the address of the place of permanent residence and residence;

(e) citizenship;

(f) education obtained;

(g) medical fitness for military active duty (1a),

(h) an overview of previous working and service conditions and self-employed activities;

(i) language skills and examinations;

(j) specific competences, skills, interests and authorisations;

(k) criminal integrity;

(l) family status,

(m) the names, surnames and addresses of the place of residence and residence of persons close to (1b).

(2) In order to substantiate the data referred to in paragraph 1, the soldier shall be required to submit valid documents and supporting documents. An indication of the criminal integrity referred to in paragraph 1 (k) shall be provided by an extract from the Register of Penalties not earlier than 6 months.

(3) The service authorities shall keep personal data in the soldier's personal file and shall base on it documents and documents showing the trueness and accuracy of the personal data. They shall also keep in the personnel file the documents and documents of the conduct of his duties. Personal data are also kept using computer techniques.

(4) The soldier is obliged to notify the service authority of changes in personal data within 8 days of the date on which the changes occurred.

(5) The service authorities shall process the personal data of the soldier in the performance of their duties to the extent resulting from this Act. Unless otherwise provided for in this law, they shall proceed in the collection, storage, making available, transmission and other processing of personal data on soldiers and other natural persons under special legislation1c).

§ 3

Conditions of employment

(1) A citizen of the Czech Republic older than 18 years of age may be called up to serve

(a) take a military oath;

(b) perform basic or alternative military service;

(c) is not a member of a political party, political movement, trade union organisation, does not support, promote or sympathise with a movement which is demonstrably aimed at suppressing the rights and freedoms of man or declares a national, religious or racial hatred or hatred against another group of persons;

(d) is criminal,

(e) is fit for service;

(f) meet the qualification criteria laid down for the classification of a service.

(2) The Ministry of Defence (hereinafter referred to as "the Ministry") provides by decree:

(a) in agreement with the Ministry of Health, the method of assessing the medical fitness of citizens for calling into service;

(b) qualification conditions for the classification of a service.

§ 4

Selection of the tenderer

(1) The selection of the tenderer shall be initiated by the service of a written application for employment for service. The selection shall be made by the service authorities.

(2) The completion of a personal questionnaire, the communication of personal data pursuant to Article 2a (1), the supporting documents referred to in Article 2a (2) and the expression of consent to the processing of personal data are the conditions for the selection of the tenderer.

(3) The service authority shall verify that the tenderer fulfils the conditions laid down in Article 3. The service authority shall be entitled to require a copy of the Register of Penalties to verify the candidate's criminal integrity. The applicant shall be informed in writing of the result of the selection within a maximum of 6 months of the date of receipt of the application.

(4) Before the employment of the candidate for service, the service authority shall inform him in writing of the expected date of service and duration of service, the place of service, the place of service, the basic weekly period of service and its layout, the payment terms and payment terms, the duration of the regular leave, the conditions of service, the conditions of termination of service and the arrangements for equal treatment.

(5) A candidate who has applied in writing for a profession and has not been called on shall be kept by the service authorities for a period of 50 years by personal data and an indication of the reason for the non-service. After that period, the data shall be disposed of.

(6) The Ministry sets out by decree the documents for selection, the selection procedure and the model of the personal questionnaire.

§ 5

Occupation

(1) The service shall be established on the day immediately following the date of service of the decision of the service authority on the profession of a citizen (hereinafter referred to as the "professional decision"). The professional decision shall include:

(a) the date of entry into service;

(b) official classification,

(d) duration of service;

(e) trial period,

(f) appointment to rank,

(g) salary requirements.

(2) The day specified in the professional decision as the day on which the service is taken shall give rise to an employment relationship.

(3) A service relationship shall not arise unless a citizen enters the service without a serious reason on the date laid down in the professional decision.

(4) A soldier shall be called for a fixed period of 2 to 20 years, unless otherwise specified further; the duration of the service may be changed by the service authority on the basis of the soldier's written consent. In determining the duration of the service, account shall be taken of the time of preparation for the performance of the service by studying at military or other secondary and higher education institutions, including abroad.

(5) The test period is 3 months. The period during which a soldier does not operate due to obstructions in service or incapacity to serve for sickness or accident shall be counted against the probationary period for a maximum of 10 days.

(6) By decree, the Ministry provides for a period of service for soldiers preparing for the performance of their duties.

HLAVA II

TRANSPORT AND AMENDMENTS OF THE SERVICES

§ 6

Professional classification

(1) In the course of the service, a soldier shall perform the service in accordance with the needs of the armed forces both within the territory of the State and abroad.

(a) the armed forces of the Czech Republic;

(b) the Ministry.

(2) In the course of the service, a soldier may perform his or her defence duties in accordance with the needs of the armed forces also in the public administration or in the legal persons and organisational parts of the State whose establishment or founder is the Ministry, or in international and transnational organisations or bodies.

(3) A soldier shall be classified on a duty-based basis according to the qualifications fulfilled, the conclusions of his or her assessments and the period of service in rank, each of which shall correspond to the rank prescribed.

(4) The soldier referred to in paragraph 3 may also be serviced on the basis of the results of the selection or bankruptcy proceedings. For this purpose, the service authorities shall set up selection boards as their advisory bodies.

(5) A soldier who prepares for the performance of his duties by studying or training shall be assigned to the service as a candidate. Training means military preparation to acquire basic military knowledge and skills necessary to perform the service of a soldier.

(6) The Government lays down, by regulation, the authorities of the state administration in which soldiers perform their defence tasks and the number of soldiers in them; The Minister shall designate the legal persons and bodies of the State whose establishment or founder is the Ministry in which the soldiers perform their defence tasks and the number of soldiers in them.

(7) The Government lays down, by regulation, a list of the activities of the soldiers set out for each of the levels and rank.

§ 7

Military rank and rank corps

(1) According to satisfied qualifications, a soldier is assigned to a rank group and is appointed to a military rank (rank).

(2) The following levels of rank and rank are hereby established:

(a) the class team - rank private, private,

(b) rank corps of petty officers - rank corporal, sergeant, sergeant,

(c) the rank corps of the battalion officers - rank sergeant, rank sergeant, sergeant general, chief officer, staff officer,

(d) lower ranking officers - rank Lieutenant, Lieutenant Commander, Captain,

(e) Senior officers - rank Major, Lieutenant Colonel, Colonel,

(f) the General Staff - Brigadier General, Major General, Lieutenant General, Army General.

(3) For soldiers preparing for the performance of their duties by studying or training, with the exception of a doctoral study programme, an evaluation board of candidates shall be established with the following qualifications:

(a) private - during training;

(b) a private officer, a corporal, a sergeant - for the duration of his studies in a military higher vocational school and immediate follow-up training;

(c) Lance Corporal, Corporal, Sergeant - for the duration of his studies at a military university in the Bachelor's study programme and immediate follow-up training;

d) Lance Corporal, Corporal, Sergeant Sergeant, Sergeant Sergeant, Master Sergeant, Master Sergeant - during his studies at the Military College in the Master's Degree Program.

(4) In the ranks of the generals, the President appoints the troops on a proposal from the government, and in the other ranks the troops are appointed by the service authorities.

(5) A soldier may exceptionally be appointed to a lower rank than he has achieved in the course of the service.

(6) A soldier can be given a higher rank than he actually has for a period of time

(a) the performance of the chosen function;

(b) the performance of a service which requires the grant of a higher rank.

(7) A soldier to whom a higher rank has been granted is entitled to rights and obligations as if he were appointed to that rank. However, the grant of a grade shall not give rise to the right to adjust the salary according to that grade.

(8) The period for which the higher rank of a soldier has been granted in accordance with paragraph 4 expires on the day following the day on which the reason for the higher rank has passed.

(9) The rank of the generals is given to the soldiers by the president, and the other rank is given by the minister.

(10) The Minister shall determine the number of soldiers in the evaluation corps and may specify further breakdown into corps according to the expertise and specialisation of the soldiers.

§ 8

Duration of service in rank

(1) The shortest period of service is in rank

(a) Lance Corporal, Corporal and Sergeant 1 year,

b) Staff Sergeant, Sergeant Sergeant, Master Sergeant and Lieutenant for 2 years,

(d) Ensign 4 years.

(2) The duration of the service in rank shall be counted against the period of service of the soldier, except for the period of availability referred to in Section 10 (4) and the period of parental leave, except for parental leave, for which the soldier is granted maternity assistance under special legislation (1d).

(3) Until the time of service in the rank to which the soldier was appointed, the period of service in the rank given shall also be taken into account in accordance with Section 7.

(4) The periods of service in rank prior to the appointment of a soldier to a lower rank than that which he has achieved in the course of the service shall remain credited to the soldier.

§ 9

Temporary discharge

In the event of a reasonable suspicion of a serious breach of service or of the commission of a criminal offence, if the further performance of a soldier's service would jeopardise an important interest in the service or clarification of its action, the soldier may temporarily be relieved of the service in his or her seniority for a maximum period of 3 months. This period may exceptionally be extended by the Minister, but not more than 3 months. Where criminal proceedings are conducted against a soldier, he may be relieved of his service in his official capacity in the final termination of the criminal proceedings.

§ 10

Disposition

(1) A soldier who is unable to serve in his or her seniority or who is unable to serve in his or her seniority shall be identified as available.

(2) A soldier shall be identified for the duration of:

(a) a maximum of 3 months and, with the agreement of the Minister, a maximum of 6 months, if it is not possible to decide on its official classification;

(b) temporary discharge;

(d) maternity leave, mutatis mutandis, as for women in the employment ratio (2);

(e) parental leave (3);

(f) leave without entitlement to cash formalities for the period during which it is granted financial assistance under the special legislation4);

(g) leave without entitlement to cash formalities of more than 30 days;

(h) for which he is missing but not earlier than 30 days,

(i) links.

(3) A soldier may be designated for a maximum period of 3 months before the expiry of the specified duration of the service or before his release from service.

(4) Until the duration of the service, the period of disposition to which the soldier was designated pursuant to paragraph 2 (g) and (h) and paragraph 2 (i) shall not be counted, if he has been convicted of a criminal offence.

(5) During the period of disposition referred to in paragraph 2 (a) to (c) and in paragraph 3, the soldier shall carry out the duties as ordered by the superior.

(6) A soldier who has been designated for a period of more than 1 year for the reasons referred to in paragraph 2 (e) to (i) shall, upon termination of the disposition, be assigned in accordance with Paragraph 6; in other cases, the soldier shall return to his original rank.

§ 10a

Special disposition

A soldier who is a member of Military Intelligence shall be designated in a special disposition if this requires an important interest in the service. A soldier appointed to a special disposition shall have a similar status to that of a member of the intelligence service of the Security Corps, assigned to a special reserve under the Law on the service ratio of members of the Security Corps (4a). The provisions of this law shall apply mutatis mutandis to a soldier who is assigned to a special disposition.

Discontinuation of service

§ 11

(1) A soldier shall be suspended from service during the period of performance

(a) functions according to a special Regulation (5);

(b) the functions of a local authority representative whose execution is remunerated under specific legislation;

(2) The service relationship shall be interrupted in accordance with paragraph 1 (a) and (b) on the date of election and paragraph 1 (b). (c) the date on which the sentence of imprisonment takes effect.

(3) A soldier may be suspended because of an interruption of study or for the performance of his duties abroad in international and transnational organisations or bodies.

(4) The service may be suspended for a maximum period of six years from the total duration of the service; the duration of the interruption may be extended by the duration of the election campaign. The reasons for the interruption shall be communicated in writing to the service authority without undue delay.

§ 12

(1) The period of interruption of service shall not include the soldier in the duration of service.

(2) The soldier shall continue to serve on the day on which the reasons for the interruption cease. On this day, a soldier shall be assigned in accordance with Paragraph 6. If it is not possible to decide on his / her appointment, he / she shall be designated in accordance with Paragraph 10 (2) (a). The death of the reasons for the termination of service shall be notified to the service authority in writing without undue delay.

§ 13

Temporary delegation of service in another service

(1) A soldier may be temporarily entrusted with the performance of a service in another level of service of equal or higher level, for a maximum period of 1 year.

(2) In the case of a temporary delegation of service in another seniority, there shall be no right to be appointed to the rank laid down for that seniority.

§ 14

Mission

(1) A soldier may be sent on a business trip for a period strictly necessary. A soldier on a business trip performs his duties as ordered by the superior who sent him on a business trip.

(2) The conditions for carrying out a business trip to a soldier shall be determined in advance by the superior sending him on a business trip.

§ 15

Dispatch

(1) A soldier may be removed, as required by the armed forces, for a maximum period of six months in a calendar year; for a longer period, it may be removed only with the Minister's consent or decision.

(2) The delegation of a soldier shall be understood to mean his or her mission, including not related to his or her duties, which he or she has performed for a specified period outside or in the place of regular service. A retired soldier may provide that another supervisor may impose duties on the retired soldier.

§ 16

Translation

(1) A soldier may be transferred to another place of service or to the subordination of another service authority in the same place of service. Other place of service means General 5a), where the soldier has a new place of service ("the place of transfer ').

(2) A soldier may be transferred, at his own request, to another place of service or to the subordination of another service authority in the same place of service, if this is in accordance with the needs of the armed forces.

§ 17

Staff evaluation

(1) The service assessment is the basis for deciding the service ratio of a soldier.

(2) In particular, the assessment of the performance of the service, the duties of the soldier, his professional and psychological competence for the assignment, medical fitness and physical fitness of the service. The service evaluation must be a written and evaluated soldier must be familiar with it.

(3) The Ministry provides by decree for the procedure for the service evaluation and its aspects.

HLAVA III

§ 18

Termination of service

The service ratio of a soldier ceases to exist

(a) the expiry of the period laid down;

(b) release,

(d) by decision of the court on the loss of military values6),

(e) death of a soldier,

(f) declare a soldier dead,

(g) the loss of citizenship of the Czech Republic,

(h) loss of medical fitness following a decision of the review committee (6a);

(i) waiving or restricting legal capacity;

(j) cancellation in probationary period.

§ 19

Release from service

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Regulation Information

Citation	Full version of Act No. 355 / 2009 Coll., Act No. 221 / 1999 Coll., on Professional Soldiers, as seen from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	12.10.2009
Effective from	-
Effective until	-
Status	Valid

Legal Areas: Health and safety at work International law International public law Civil law Civil law substantive State Defence Employment. Service relationship Labour law Social security law Administrative law

The regulation text is for informational purposes only.