Act No. 44 / 1949 Coll.
Law on the regulation of legal ratios linked to the reorganisation of the Command Corps
Valid
Effective from 04.03.1949
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44.
Law
of 22 February 1949
on the adjustment of the legal ratios linked to the reorganisation of the Command Corps of the Army.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Petty officers of the professional army.
(1) Petty officers of the professional army (hereinafter referred to as "professional petty officers") are petty officers engaged in military service as their profession on the basis of public service obligations.
(2) The employment of a Petty Officer shall be subject to acceptance. The details of the admission, in particular its manner and conditions, shall be adapted by the Ministry of National Defence. Save as otherwise provided for in this Law or in the provisions adopted pursuant to it, the provisions relating to the service of professional officers shall apply to the service of professional officers.
(1) A person who has been recruited as a petty officer of the profession shall be required to perform military active duty for a period of 5 years from the first day of the month following the date of entry into service in the proportion of the petty officer of the profession and, if the date of embarkation is the first day of the month, from that date.
(2) A person who still has an obligation to continue active service under a law of law may be accepted as a petty officer of the profession.
(3) If a military person has taken on an obligation to continue active service under the relevant professional training regulations provided by the military administration, he shall, in the event of successful completion of the training, become a sub-officer of the profession on the day on which the additional active service is started and fulfil the obligation taken over in the service of the minor.
(4) The Ministry of National Defence shall lay down the Staff Regulations:
(a) the duties of professional petty officers;
(b) the period of service which, after being recruited as a petty officer of the profession, is the period of trial, and the conditions under which the petty officer of the profession may be dismissed at that time;
(c) the conditions under which the petty officer of the profession may be relieved of the early commitment referred to in paragraph 1.
(1) Professional petty officers shall perform lower command or professional functions in the army in constant contact with a team with which they shall carry all the effort of military service.
(2) Non-professional officers shall be required to carry in-service equipment issued by the military administration. Unless the Ministry of National Defence provides for exceptions for certain cases, they are obliged to live in military buildings (barracks) and dine with the team.
(1) The salary ratios of the non-professional staff shall, unless otherwise provided for in this Act, be subject to the relevant provisions of the Law of 24 June 1926, No 103 Coll., on the adjustment of the salary and certain service ratios of civil servants (the Law of the Salary), as amended by the Law amending it, on military gauges outside the service classes, and the relevant provisions of the Regulations issued under that Act.
(2) The posts of non-professional officers shall be systemically organised within the framework of the established normal needs of the forces, namely:
(a) senior staff posts in Ib scale;
(b) the post of service of the staff in the II scale,
(c) gendarmerie posts in the III scale.
(3) Retired Starshins temporarily called for active service are to be served according to the Ia scale, if their resting salaries have been assessed from the service scale (Staff Ensign).
(4) The systemisation of the post of staff of non-professional officers is determined by the Government.
(5) For professional sub-officers who have completed a two-year military vocational school in active military service, with the exception of the schools of the Eleva, the apprenticeship and military music schools, the posts shall be systemized only on the Ib and II scales.
(6) The lowest salary scale shall be the salary scale III for the purposes of calculating the period of service.
(1) Non-professional officers shall be entitled to receive in-kind formalities as military personnel in accordance with the applicable regulations, unless otherwise provided for in this law or regulations issued under it. However, there is a refund
(a) for meals equal to the amount determined in accordance with the relevant official regulations for food preparation measures for the military service to which they are assigned;
(b) for wear of the service equipment at the level specified by the Ministry of National Defence.
(2) For military housing (barracks) pursuant to § 3 (2), second sentence, the applicable provisions on in-kind accommodation applicable to petty officers apply. In accordance with the preceding sentence, non-professional petty officers who are not granted in kind by the military administration are entitled to cash compensation, the amount of which shall be determined by the Ministry of Defence in agreement with the Ministry of Finance.
(3) The cash compensation referred to in paragraph 2 shall also be paid to the married professional petty officers at the time when they are temporarily separated from the family for service reasons, even if they are housed in a military facility (barracks) in the new post.
(4) The formalities referred to in paragraphs 1 to 3 may not be confiscated by execution, suspended or transferred by the Convention or subject to administrative collisions. They are also not subject to payroll tax.
(5) The rules for Rotmasters (§ 15) under Section 147 and Section 148 of the Law on the Law on the Law on the Law of Rights apply to the secondary formalities of petty officers. If they are no longer responsible for them under these Regulations, they shall be entitled to secondary formalities under the relevant provisions of the Government Regulations issued under the provisions of the Act of 31 May 1932, No 83 Coll., on the modification of the formalities of military personnel in active duty and of certain other persons in equal terms as well as the provision of measures of seniority.
The provisions on military sickness care applicable to rotisseros (§ 15) and their family members apply to petty officers and their family members.
The service relationship of non-professional officers shall be terminated:
1. by appointment of professional officers,
2. transfer to the service of civil servants of the military administration or other public service;
3. by way of advance payment,
4. loss of Czechoslovak citizenship,
5th withdrawal of rank,
6th death.
Professional petty officers may be appointed as professional officers in one of the service categories III. The Ministry of National Defence shall lay down the Staff Regulations in which cases and under which conditions such appointment may be carried out even before the expiry of the 10-year period laid down in the previous sentence.
(1) Professional petty officers who no longer have an obligation of military active duty (§ 2 (1)),
(a) they shall be transferred to an advance where they so request,
(b) may, at their request or ex officio, be transferred to the service of civil servants of the military administration or other public service and be transferred to an advance.
(2) The period spent and counted in the ratio of the petty officer of the profession in the new service after the transfer referred to in paragraph 1 (b) shall always be as spent and counted in that new service.
(3) The Government shall, by means of a regulation, issue detailed provisions for the implementation of paragraph 1 (b), in particular on the places in which the post (s) of service (s), in so far as they are not complementary to the staff of the lower categories under the statutory provisions, or which are occupied by promotion from a lower scale, shall be placed as a priority.
The provisions on the retirement (provision) salaries of Rotmasters (§ 15) and, in the case of survivors, shall apply to non-professional officers and survivors, unless otherwise provided for in this law.
(1) An SNE whose service ended in a transfer at his own request shall be entitled to severance pay, unless it is the case referred to in paragraph 2, in respect of a service in the proportion of an SNE for a period of
(a) at least five years but less than 10 years, at the rate of five times the monthly service due to him last;
(b) at least 10 years, at the rate of ten times the monthly service due to him last.
(2) The right of severance shall not be exercised by a petty officer,
(a) which is transferred to the service of civil servants of the military administration or other public service [§ 9 (1) (b)];
(b) to whom resting wages have been awarded (Section 10);
(c) which has been convicted if the conviction is accompanied by a loss of competence to reach public authorities or if the judgment has declared a loss of rank.
(3) The length of the period applicable for determining the amount of the severance pay referred to in paragraph 1 shall be understood as the period spent in the proportion of the petty officer of the profession, unless, under the relevant regulations, he was excluded from counting to increase the service.
(4) The payment of severance payments referred to in paragraph 1 shall not preclude the obligation of the military administration to issue amounts under the relevant provisions on social insurance transfers.
(5) An occupational petty officer who has been transferred to an advance payment with severance pay is required to return severance pay,
(a) if he is re-admitted as a petty officer of the profession; or
(b) if, after being transferred to an advance, he enters the service of civil servants of the military administration or another public service.
The details of the method of reimbursement of the severance grant shall be determined in the cases referred to in (a) above by the Ministry of Defence, in the cases referred to in (b) above, by the Ministry of Finance.
(6) Where a person who has been transferred from the proportion of a longer-serving sub-officer to an advance with a severance grant is admitted as a petty officer, the provisions of paragraph 5 shall apply mutatis mutandis.
(1) There's only a part of it for the junior officers. I of the Act of 4 July 1923, No 154 Coll., on military disciplinary and disciplinary law, as well as on the withdrawal of military rank and transfer to service by administrative management, as amended by the regulations amending it and supplementing it, with the exception of the provisions of Sections 4, 1, 6 and 7 on the detention penalty.
(2) The relevant provisions on professional officers are in force on the release of professional petty officers from the service. Unless otherwise provided for by the Ministry of National Defence by the Staff Regulations, the Petty Officer shall not wear equipment issued by the military administration during the period of discharge, shall not be present in military premises (barracks), shall not be present with the team (§ 3, paragraph 2) and shall not be entitled to the formalities provided for in § 5.
(1) The Minister for National Defence may, by administrative measure, release a Petty Officer from active duty if his further leaving him in active employment is to harm important military or other State interests,
1. if the conditions for resettlement or resettlement are fulfilled (Sections 2 and 5, paragraphs 2, 1 and 2 of the Law of 17 February 1922, No 76 Coll., on military benefits provided),
(a) withdraw his rank and transfer him to an advance with a retainer's salary or to an advance with a retainer; or
(b) withdraw his rank and transfer him to an advance without entitlement to a salary allowance (payable);
2. However, if the conditions for resigning or redeeming are not fulfilled,
(a) to transfer it to an advance payment with severance payments (paragraph 3); or
(b) withdraw its rank and transfer it to an advance with or without severance payment (paragraph 3).
(2) The measures referred to in paragraph 1 shall be taken by the Minister for National Defence, acting on a proposal from the Special Commission. Detailed provisions on this Commission, in particular its composition and its competence, shall be issued by the Ministry of National Defence.
(3) Paragraph 11 (1) applies mutatis mutandis to the amount of the severance grant referred to in paragraph 1, but the severance payment is not, unless the obligation under paragraph 2 (1) has been fulfilled.
(1) On termination of service, the professional petty officers, if they are not retired, shall be transferred to the reserve as reserve officers.
(2) The relevant provisions on the duty of retired officers apply mutatis mutandis.
Arrangements for long-serving petty officers and Rotmasters.
In this law, when it comes to the Rotmasters, it is meant to mean the former military guards outside the service classes (Rotmasters, Staff Sergeant Masters, Ensign and Staff Ensign).
From the date of entry into force of this Act,
(a) to accept military persons as serving senior officers in accordance with the second sentence of Section 19 of the Defence Act;
(b) appoint or promote Rotmasters.
(1) On the date of the entry into force of this Act, those serving sub-officers who have not yet fulfilled their obligation to continue active service under the Law of Defence may, at their request, be accepted as professional sub-officers within the period prescribed by the Ministry of Defence. If so, the date of their acceptance shall cease to be the date of their obligation to fulfil the obligation of further active service which they have taken on as lengthy petty officers. Until the period of active military service to which they are required as underofficers of the profession (§ 2, paragraph 1), and for the promotion, the service shall be counted in the proportion of the long-serving petty officers as if they had been spent entirely in the service of the underofficers of the profession. That period shall also form the basis for determining the degree of service on the relevant scale where the total credit of the previous service under the relevant regulations does not result in a more favourable remuneration.
(2) Longer-term sub-officers who, on the date of the entry into force of this Act, have failed to fulfil an obligation to continue active service under the Law of Defence and do not apply for admission as professional or whose applications will not be met shall be assessed during the period during which they have fulfilled the obligation which they have assumed as long-term sub-officers, as professional. They may not be promoted during that period and shall be entitled to service income according to the lowest grade of the scale. The first allowance for the acquisition of prescribed equipment is not for them. The day following the day on which the next active service, to which they have committed themselves as senior petty officers, ends, shall be transferred to the reserve as sub-officers in reserve and shall be considered as if they had fulfilled the entire obligation to continue active service in proportion to the longer serving petty officers.
(3) In the case of longer-serving petty officers who have submitted an application for admission to work in accordance with paragraph 1 and whose obligation to continue an active service expires before their application has been decided, the undertaking shall be deemed to continue until the decision on the application has been taken. If they decide to accept them positively, the ratio referred to in paragraph 1 shall be adjusted if they do not accept them, they shall be translated into advance in accordance with paragraph 2, fourth sentence.
(4) Military persons who, prior to the date of the entry into force of this Act, have assumed an obligation to continue active service, since the military administration has provided them with training, may, if they have completed or completed the training successfully, request that they be accepted as professional petty officers. Where adopted, their ratio shall be adjusted mutatis mutandis in accordance with paragraph 1, unless they are accepted or requested to be accepted in accordance with the preceding sentence, they shall fulfil the obligation to continue the active service in proportion, as adjusted by analogy in accordance with paragraph 2, but when the commitment has been fulfilled when the advance is transferred, it shall be considered as if the adjustment had not taken place. Where, pursuant to paragraph 1 or paragraph 2, the period of time to be spent in the proportion of a longer-serving petty officer is determined, it shall, in the cases provided for in this paragraph, be understood as the period during which the assumed obligation to continue an active service has been fulfilled. The previous provisions are without prejudice to the obligation to have a legal presence service.
(5) Where judicial proceedings are held against a person subject to any of the provisions of paragraphs 1 to 4, the admission of a person as a petty officer of the profession referred to in paragraph 1 or 3 may be decided upon only after the final completion of the criminal proceedings.
(1) Vocational masters may be appointed as professional officers, unless there is a reason which excludes appointment (§ 23 (1)).
(2) In accordance with paragraph 1, the following may be appointed:
(a) ensign and ensign of lieutenant,
(b) Staff Sergeant and Staff Masters, born before 1 January 1909, Lieutenant,
(c) Staff Sergeant Masters and Rotmasters, born after 31 December 1908, Ensign
and appointed by the Waiver in service categories III.
(3) Staff masters and masters who will be appointed lieutenants or sub-officers pursuant to the preceding paragraph shall be classified in a plateau as if they had been promoted to Ensign on the day preceding the date of their appointment.
(4) Upon termination of the waiting relationship, a post on the eighth scale and on the persons referred to in paragraph 2 (a) and (b) shall be lent to the persons referred to in paragraph 2 (c).
(1) Professionals in the rank of Ensign, Staff Sergeant or Rotmasters may, at their request, be recruited as professional petty officers in accordance with Part One. If accepted, the period of time spent in the service of a master of the profession and in the previous ratio of a serving petty officer shall be viewed as if it had been spent in the employment of a petty officer under this law.
(2) At the same time, senior staff shall be appointed masters who shall be recruited as professional petty officers under paragraph 1.
(3) Occupation practitioners, recruited as professional petty officers, shall retain the service in accordance with the existing salary scale, staff masters and rotors shall be remunerated as if they had been promoted to Ensign on the day preceding the date of their appointment.
(1) Professional masters may, at their request or ex officio, be transferred to the service of civil servants of the military administration or other public service, in which case they shall be classified, in accordance with the relevant regulations, their current salary allocation in respect of the transfer into categories the pay ratios of which are adjusted mutatis mutandis according to the pay ratios of the actuaries shall not be maintained in the manner laid down by the Government by the Regulation.
(2) In the scales to which professional masters shall be transferred in accordance with paragraph 1, they shall be responsible for a service equal to that of the service available to them and, if the new scale of such a service is not the highest. Paragraph 17 (5) of the Law applies mutatis mutandis.
(3) If, for a master of the profession transferred in accordance with paragraphs 1 and 2, the sum of the service, operating, salary and military allowances belonging to the master's last ratio would be higher than the sum of the service, operating and salary allowances and, where applicable, the allowance provided for in Paragraph 37 (2) of the Law of 17 December 1946, No 3 of 1947, which regulates certain issues of organisation and of the service and pay ratios of the formation of a uniform prison guard, belonging to the transfer, for a period of one year, shall be the difference as a compensatory allowance. The equalisation allowance shall be reduced by the amount of the total increase, if any, in the amount of the service, operating or salary allowance, excluding the modification of the operating allowance as a result of a change in the group of operating places.
(4) The transfer referred to in paragraph 1 shall be decided by the Ministry of Defence, or by the Ministry of Finance in agreement with the central authorities involved, if the transfer is to take place in the service of civil servants of the military administration.
(1) Professionals who will not be appointed as professional officers, nor be admitted to the service of civil servants of the military administration or other public service (§ § 18 - 20), shall be transferred to the service, if applicable, to an advance payment with benefits under Act No. 76 / 1922 Coll. The Ministry of National Defence may, in cases of due regard with the approval of the Government, transfer such persons to retirement even if they do not meet the conditions laid down by Act No. 76 / 1922 Coll.
(2) Professionals who are not appointed as professional officers pursuant to the provisions of Paragraph 18 shall have the rank of an elder.
(1) Retired masters may be appointed retired lieutenants, unless there is a reason which excludes appointment (§ 23 (1)), in which case their current resting wages remain unchanged. However, if they are temporarily authorised to operate, their fees shall be adjusted in accordance with the 8th scale, taking into account the provisions of Section 106 (3) of the Staff Regulations on the provision of the Staff Officer's post, in which case the provisions of Section 18 (3) shall apply mutatis mutandis. When released from a transitional, active service, the last service pension is the basis for a reassessment of the service.
(2) If there is no reason to exclude the appointment (§ 23, par. 1), the staff ensign and the ensign may be appointed in the reserve of the lieutenant in reserve, the staff sergeant and the sergeant in reserve of the lieutenant in reserve.
(3) Retired or back-up masters who will not be appointed officers in accordance with paragraph 1 or 2 shall assume the seniority of an elder.
(1) Under the provisions of this law, officers of the Rotmasters may not be appointed,
(a) who do not have a positive relation to the popular democratic establishment and the construction of a popular democratic army;
(b) whose appointment would be detrimental to important military or other State interests.
(2) A final measure shall be taken in accordance with Article 18 to 22 after the completion of the proceedings and the outcome thereof, if retroactive, in the case of rootmasters who are subject to criminal proceedings or proceedings before the disciplinary committee. Until this time, their current employment and pay ratios remain unaffected. From a date to be determined by the Ministry of National Defence, they shall use the rank mark of the elder.
(3) With the exception of the detention penalty, the penalty imposed by the disciplinary committee shall not prevent measures under Article 18 to 22. Such a measure shall not interrupt the execution of the imposed disciplinary penalty.
Provisions on long-serving petty officers and Rotmasters.
The provisions of this law shall also apply to women who, on the day of their entry into force, are engaged in military active service in proportion to the length of the serving petty officers or rotejn, but who, instead of being transferred to the reserve, are released from the military.
The Act of 24 June 1926, No 103 Coll., on the adaptation of the pay and certain service conditions of civil servants (the Law of the Salary), as amended by the Regulations amending it and supplementing it, is amended as follows:
Article 1 (98) (1) reads as follows:
"(1) Staff officers' posts shall be systemised in accordance with the normal needs of the forces, according to their importance, in nine scales, namely those corresponding to rank.
General on scales 1 and 2,
Colonel in salary scale 3,
Lieutenant-Colonel in salary scale 4,
Major in salary scale 5,
captain and staff captain in salary scale 6,
Lieutenant-Commander in salary scale 7,
Lieutenant at salary scale 8,
Lieutenant at salary scale 9. '
2. In the table of service referred to in Section 103 (1), paragraph 8, a new salary scale 9 is inserted as follows:
| V platové stupnici | ve služební třídě | Služné | ||||||||||
| ve stupni služného | s náslužným přídavkem | |||||||||||
| a | b | c | d | e | 1. | 2. | 3. | 4. | 5. | 6. | ||
| Kčs | ||||||||||||
| 9. | III. | 15000 | 16560 | 19200 | 21360 | 23400 | 25560 | 27600 | 29640 | 31800 | 34400 | 37200 |
3. Paragraph 103 (2) (c) reads as follows:
"(c) at the service stations systemised in the other service categories of Class II of service grade (a) of the eighth scale."
4. the following point (d) shall be inserted at the end of Paragraph 103 (2):
"(d) in service positions systemised in the other service categories of Class III of service grade (a) of the ninth scale."
5. In the operating table referred to in Section 104, paragraph 1, the new operating fee for the current operating fee for the scale 8 shall be inserted as follows:
| Platová stupnice | skupina míst | Služební třída | |
| I. | II. a III. | ||
| Kčs | |||
| 9. | A | — | 13200 |
| B | — | 11352 | |
| C | — | 9504 | |
6. the words:
(a) eighth-grader scale.
shall be replaced by:
"Supporters according to duty level (b) of the ninth grade."
7.
"Article 98 of the Staff Regulations shall apply to the systemisation of posts, but the officers' posts shall not be systematically organised in a scale 9 corresponding to the rank of Lieutenant. '
8.
"(1) The provisions of Sections 102 to 105 apply to the officer's salary, in which the provisions of Section 103 (2) (c) also apply to the Class III, whereas the provisions of Section (d) of the same paragraph do not apply here.
(2) The general on the 1st scale reaches a maximum duty grade (b) of that scale. '
In Article III, § 1, paragraph 1 of the Law of 16 May 1946, No 139 Coll., which regulates the pay and certain service conditions of military and gentile gentiles, the words:
| „důstojníkům v 8. platové stupnici | 5.400 Kčs“ |
and words
| „důstojníkům čekatelům | 4.200 Kčs“ |
insert the words
| „důstojníkům v 9. platové stupnici | 4.800 Kčs“. |
The Law of 31 May 1932, No 83 Coll., on the modification of the formalities of military personnel in active duty and of certain other persons in equal terms, as well as the provision of longer-serving persons, as amended by the Law of 14 February 1946, No 37 Coll., shall be amended and supplemented as follows:
1. In § 2, paragraph 1, after the words:
| „rotnému | 16 Kčs“ |
insert the words
| „staršinovi | 18 Kčs“. |
2. in Paragraph 2, paragraph 2, the words:
| „četaři a rotnému | 8 Kčs“ |
insert the words
| „staršinovi | 9 Kčs“. |
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Regulation Information
| Citation | Act No. 44 / 1949 Coll., on the modification of the legal ratios related to the reorganisation of the Command Corps |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.03.1949 |
|---|---|
| Effective from | 04.03.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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