Decree No. 372 / 2004 Coll.
Government Regulation on the granting of compensation for certain expenditure to prosecutors assigned to the performance of the duties of a prosecutor abroad
Valid
Regulation
Effective from 01.07.2004
372
GOVERNMENT REGULATION
of 2 June 2004
on the granting of compensation for certain expenditure to prosecutors assigned to perform the duties of prosecutor abroad
The Government orders pursuant to § 24 of Act No. 119 / 1992 Coll., on Travel Refunds, as amended by Act No. 44 / 1994 Coll. and Act No. 125 / 1998 Coll.:
Scope
This Regulation provides for the granting of compensation for certain expenditure to a public prosecutor who has been assigned to perform the duties of public prosecutor to another institution or organisation1) abroad, provided that he is not remunerated by that institution or organisation for the performance of his duties (hereinafter referred to as the "public prosecutor ').
Types of refund
(1) The public prosecutor is responsible for compensating for increased costs of living.
(2) The Public Prosecutor to whom the Public Prosecutor has been assigned or transferred to perform functions2) (hereinafter referred to as the "Public Prosecutor") may provide the Public Prosecutor with compensation
(a) increased clearance expenses;
(b) travel and accommodation expenses;
(c) expenditure relating to the transport of personal items.
Reimbursement of increased living costs
(1) The State Prosecutor is responsible for the reimbursement of the increased cost of living from the first to the last day of secondment to office abroad. This refund shall be granted in the currency specified by the specific legislationm3 (hereinafter referred to as the "fixed currency '). If, due to a change in the monetary policy of the country of work concerned, it is not possible or appropriate to provide compensation in a specified currency, the public prosecutor shall proceed to the change of the specified currency in a manner specified by the specific legislationm3).
(2) The basis for determining the monthly amount of compensation for the increased cost of living is set by the Prosecutor's Office in the range of 5% to 30% of the prosecutor's salary. This amount is multiplied by the conversion rates for the country of performance of the function. The method of determining the conversion session is laid down in a separate legislative act (m3).
(3) The public prosecutor to whom the spouse or spouse follows to his post abroad shall be compensated in accordance with paragraph 2, plus 15%; This increase does not apply to the public prosecutor
(a) for the duration of the stay of a spouse or spouse outside a country designated as a post abroad, exceeding 49 calendar days in the current year for European countries and 63 calendar days in the current year for non-European countries;
(b) if, during the course of his or her duties abroad, his or her spouse has income from dependent activities or is self-employed.
(4) If, for security reasons, the Prosecutor's Office decides to evacuate family members of civil servants, it shall be the responsibility of each prosecutor who continues to perform his duties abroad for exceptional risks, plus 20%, in accordance with paragraph 2. The increased compensation shall be payable to the public prosecutor from the date laid down in the decision of the public prosecutor to evacuate until the date of the abrupt risk decided by the public prosecutor.
(5) Where exceptional expenditure is incurred by the public prosecutor because children living with him in a common household abroad do not have the possibility to receive a free basic or medium education (4) at the place of employment abroad, the compensation referred to in the preceding paragraphs shall be increased by the amount of expenditure effectively incurred as referred to in paragraph 6.
(6) The extent of the payment of the extraordinary expenses referred to in paragraph 5 shall be determined by the Prosecutor on the basis of his written request. The Public Prosecutor's Office shall pay only the cost of the registration, tuition and trial fees, or the costs of the equivalent. Expenditure on individual or additional teaching, school textbooks and aids, insurance, school clothing, meals, school and back transport, optional lessons, school events, etc.
(7) Where expenditure is incurred by a public prosecutor because of sickness or accident by a public prosecutor or his family members, the reimbursement referred to in paragraphs 2 to 4 shall be increased by the expenditure effectively incurred in connection with treatment abroad. If the prosecutor or the wife of the prosecutor does not travel to the Czech Republic for the purpose of childbirth, the prosecutor may increase the compensation referred to in paragraphs 2 to 4 on a one-off basis, up to an amount corresponding to the amount of the usual travel expenses to and from the Czech Republic.
(8) Reimbursement of the increased cost of living referred to in paragraphs 1 to 4 for the last month of secondment to office abroad shall be granted in a specified currency, unless it is made available in a currency agreed with the Prosecutor's Office. In order to determine the amount of the refund, the Prosecutor's Office shall use the courses published by the Czech National Bank and valid on the day of calculation of the amount of the refund.
Reimbursement of increased clearance expenses
(1) The Public Prosecutor may grant a one-off refund to the Public Prosecutor of the proven increased clearance expenses in Czech currency.
(2) The amount of the refund referred to in paragraph 1 may not exceed twice the salary of the prosecutor.
Reimbursement of travel and accommodation expenses
(1) The public prosecutor may provide the public prosecutor with compensation for the cost of travelling to and from the Czech Republic for medical examination, childbirth, due to illness, injury, leave and burial of his wife or husband, parents or children. For the same reason, the Prosecutor's Office may provide the Prosecutor with evidence of expenditure incurred for travel to and from another country, but not more than the amount of the usual travel expenses to and from the Czech Republic.
(2) The Prosecutor may also provide the Prosecutor with compensation for the cost of his / her travel costs as referred to in paragraph 1 incurred by his / her family members and the cost of his / her travel expenses to the Czech Republic immediately after completion of his / her secondary school or travel to another country, up to a maximum of the amount of the usual travel expenses to the Czech Republic.
(3) The Prosecutor's Office may provide the Public Prosecutor with compensation for the cost of travel from the Czech Republic and the return of his child studying at a primary or secondary school in the Czech Republic once a year. For the same reason, the public prosecutor may provide the public prosecutor with evidence of expenses incurred for travel from and from another country, but not more than the amount of the usual travel expenses from and from the Czech Republic.
Reimbursement of expenditure relating to the transport of personal goods
(1) The public prosecutor may provide the public prosecutor with compensation for the expenditure evidenced by the transfer of his personal effects and, where appropriate, of his family members to and from his place of office abroad. The method of transport shall be determined by the Prosecutor's Office.
(2) The Public Prosecutor may, to the extent recognised by him, reimburse the public prosecutor for the transport of personal items referred to in paragraph 1, as well as the costs incurred in respect of:
(a) the acquisition of transport packaging;
(b) administrative charges relating to transport,
(c) insurance related to the transport of personal items carried.
Common and final provisions
Reimbursement of extraordinary expenses pursuant to Article 3 (5) and (7) and expenditure referred to in Article 5 and (6) shall be granted in the currency in which the expenditure to be reimbursed to the Prosecutor was incurred. If the currency is different from the fixed currency and the public prosecutor does not have it at his disposal or if he so agrees with the public prosecutor, he may also provide compensation to the public prosecutor in the specified currency or in the Czech currency. In determining the amount of the compensation, the public prosecutor's office shall use the documented exchange rate of the fixed currency to the currency in which the expenditure was incurred by the public prosecutor and the rates declared by the Czech National Bank and valid on the day on which the refund was granted.
This Regulation shall enter into force on 1 July 2004.
Prime Minister:
PhDr. Špidla v. r.
Minister for Labour and Social Affairs:
Ing. Škromach v. r.
1) § 19a of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 169 / 1999 Coll., Act No. 14 / 2002 Coll. and Act No. 192 / 2003 Coll.
2) § 19 of Act No. 283 / 1993 Coll., as amended by Act No. 14 / 2002 Coll. and Act No. 192 / 2003 Coll.
3) Annex to Government Decree No. 62 / 1994 Coll., on the granting of compensation for certain expenses to staff of budgetary and contribution organisations with a regular place of work abroad, as amended by Government Decree No. 183 / 1999 Coll., Government Decree No. 465 / 2001 Coll. and Government Decree No. 214 / 2003 Coll.
4) Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (School Act), as amended by Act No. 188 / 1988 Coll., Act No. 171 / 1990 Coll., Act No. 522 / 1990 Coll., Act No. 134 / 1993 Coll., Act No. 190 / 1993 Coll., Act No. 331 / 1993 Coll., Act No. 19 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 284 / 2002 Coll., Act No. 182 / 2003 Coll., Act No. 362 / 2003 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Government No. 372 / 2004 Coll., on the granting of compensation for certain expenses to prosecutors assigned to the performance of the duties of Prosecutor's Office abroad |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.06.2004 |
|---|---|
| Effective from | 01.07.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0