Act No. 379 / 2015 Coll.

Act amending Act No. 563 / 2004 Coll., on pedagogic workers and amending certain laws, as amended

Valid Law Effective from 12.01.2016
379
THE LAW
of 9 December 2015
amending Act No. 563 / 2004 Coll., on pedagogic workers and amending certain laws, as amended
Parliament has decided on this law of the Czech Republic:
Čl. I
Act No. 563 / 2004 Coll., on pedagogical workers and amending certain laws, as amended by Act No. 383 / 2005 Coll., Act No. 179 / 2006 Coll., Act No. 264 / 2006 Coll., Act No. 189 / 2008 Coll., Act No. 384 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 422 / 2009 Coll., Act No. 159 / 2010 Coll., Act No. 82 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 198 / 2012 Coll., Act No. 333 / 2012 Coll., Act No. 197 / 2014 Coll., Act No. 332 / 2014 Coll., Act No. 82 / 2015 Coll., is amended as follows:
1. Paragraph 1 (1) reads as follows:
"(1) This law provides for:
(a) derogations for the duration of a contract of employment of certain pedagogic workers;
(b) the conditions for carrying out the activities of teaching staff;
(c) working hours of teaching staff;
(d) continuing education and the career system of teaching staff. ';
2. in Article 7 (1), the following point (f) is inserted after point (e):
"(f) in an accredited master's study programme in the field of the art of the field of artistic and pedagogical studies, which corresponds to the character of the subject of art,"
Points (f) and (g) shall be renumbered as points (g) and (h).
3. In Paragraph 8, the following paragraph 3 is inserted after paragraph 2:
"(3) A teacher of art subjects is awarded professional qualifications in higher education obtained by study in an accredited Master's study programme in the art field of artistic and pedagogical subjects."
Paragraph 3 shall become paragraph 4.
4. In Article 9, the following paragraph 8 is inserted after paragraph 7:
"(8) A teacher of art subjects is awarded professional qualifications in higher education obtained by study in an accredited Master's study programme in the art field of artistic and pedagogical subjects."
Paragraph 8 shall become paragraph 9.
5. in Article 10 (1), the following point (e) is inserted after point (d):
"(e) higher education obtained by study in an accredited master's study programme in the field of the art of the field of artistic and pedagogical studies,"
Points (e), (f), (g) and (h) shall be renumbered as points (f), (g), (h) and (i).
6. In Article 11, the following paragraph 4 is inserted after paragraph 3:
"(4) A teacher of art subjects is awarded professional qualifications in higher education obtained by study in an accredited Master's study programme in the art field of artistic and pedagogical subjects."
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
7. In Paragraph 17, the following paragraph 3 is inserted after paragraph 2:
"(3) The free-time pedagogy for interest education activities corresponding to artistic focus is awarded professional qualifications in higher education obtained by study in an accredited Master's study programme in the art field of artistic and pedagogical focus."
Paragraph 3 shall become paragraph 4.
8. in Article 22 (6), "§ 8 (3), § 9 (8), § 10 (2), § 11 (4) and (5) and § 17 (3)" shall be replaced by "§ 8 (4), § 9 (9), § 10 (2), § 11 (5), (6) and § 17 (4)";
9. In Part One of Title III:

„HLAVA III

WORKING PERIOD, DIRECT PEDAGOGIC ACTIVITIES AND DURATION OF WORKING PERFORMANCE ON THE PERIOD OF CERTAIN PEDAGOGIC WORKER '.
10. The following Section 23a is inserted after Section 23, including the title and footnotes 22 and 23:
„§ 23a
Employment for a specific pedagogical worker
(1) The employment relationship for a specific pedagogical worker is covered by the Labour Code, unless otherwise provided for by this Act).
(2) The duration of the contract for a specific pedagogical staff member between the same Contracting Parties shall be at least 12 months and may be repeated no more than twice from the date of the first employment relationship).
(3) The total duration of a fixed-term contract of a pedagogical worker between the same Contracting Parties may not exceed 3 years from the date of the first contract.
(4) Paragraph 2 shall not apply to cases where the duration of a fixed-term contract has been negotiated with a pedagogical worker:
(a) as a substitute for a temporarily absent pedagogical worker for the duration of the obstacles to work by that worker; or
(b) which does not comply with the presumption of professional qualifications under Paragraph 22 (7).
(5) If the employer has negotiated with the pedagogical worker the duration of the fixedterm, contrary to paragraphs 2 to 4, and the pedagogical worker has notified the employer in writing, before the end of the period agreed, that he insists on continuing to employ him, he shall be entitled to an indefinite period of time. An application to determine whether the conditions set out in paragraphs 2 to 4 have been met may be made by the employer and the pedagogical worker in court no later than 2 months from the date on which the employment was due to end by the end of the agreed period.
22) § 39 of the Labour Code.
23) Council Directive 1999 / 70 / EC of 28 June 1999 on a framework agreement on fixedterm work concluded by UNICE, CEEP and the ETUC. '
Čl. II
Transitional provisions
1. The employment of a fixed-term pedagogical worker arising before the date of entry into force of this Act shall be subject to the existing legislation.
2. The legal proceedings concerning the duration of the employment of a certain pedagogical worker and the amendments thereto made since the date of entry into force of this Act shall be governed by Act No. 563 / 2004 Coll., as effective from the date of entry into force of this Act; the current fixed-term term contract between the same Contracting Parties shall be counted against the total duration of the fixed-term contract pursuant to Article 23a (3) of Act No. 563 / 2004 Coll., as effective from the date of entry into force of this Act, unless the period of three years has elapsed since the end of the previous fixed-term contract for a certain pedagogical worker.
Čl. III
Efficacy
This Act shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.

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Regulation Information

CitationAct No. 379 / 2015 Coll., amending Act No. 563 / 2004 Coll., on pedagogic workers and amending certain laws, as amended
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation28.12.2015
Effective from12.01.2016
Effective until-
Status Valid
The regulation text is for informational purposes only.
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