What is Act No. 45 / 2016 Coll.?

Act No. 45 / 2016 Coll., on the service of soldiers in reserve — Law on the service of soldiers in reserve.

When it became Act No. 45 / 2016 Coll. effectiveness?

Act No. 45 / 2016 Coll. became effective 01.07.2016.

Is Act No. 45 / 2016 Coll. still valid?

Yes, Act No. 45 / 2016 Coll. is still valid and effective.

Act No. 45 / 2016 Coll. - Law on the service of soldiers in reserv...

45

THE LAW

of 13 January 2016

on the service of soldiers in reserve

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

Subject matter

This law regulates the legal status of a soldier in reserve, the conduct of a military active service for which a soldier has been called, his claims relating to the performance of a military active service, the conditions for inclusion and exclusion from the active reserve and the conditions for the financial support of the employer of the soldier in reserve placed in the active reserve.

§ 2

Service ratio of the soldier in reserve

(1) A soldier in reserve who has taken up military active service ("soldier in reserve in service") is in service to the Czech Republic.

(2) The provisions of the Law on professional soldiers shall apply mutatis mutandis to the service of a soldier in the service, unless otherwise provided for in that law.

§ 3

Personal data

(1) In the case of reserve soldiers, data shall be used to the extent of the data provided for by the law of defence and those provided for by that law.

(2) Information on a soldier in the service shall be used in the range of data held from the creation of the professional soldier's service to its demise under the Professional Soldier Act (1) and data related to the voluntary take-over of the military's military obligation in the reserve under the Military Act.

(3) In addition, for the purposes of providing remuneration, incentive pay or financial support to the employer under this law, information on:

a) an ongoing study of a soldier in reserve at a university; and

(b) to the employer of a soldier placed in an active reserve (hereinafter referred to as the "active reserve soldier") or of a soldier assigned under § 5b

1. in the case of a legal person, the name, registered office and identification number of the person;

2. in the case of a natural person who is an entrepreneur, a trading firm or a name, a birth number, the address of the place of business and the identification number of the person, if assigned; or

3. for a foreign person, the data referred to in point 1 or 2 and the address location of the organizational component in the Czech Republic.

(4) The source of the data kept in the military record of a soldier in advance determined in accordance with § 5b of the Defense Act is the data obtained in accordance with § 31 (7) and (8) of the Defense Act, provided by a soldier in advance on the basis of this or the Defense Act, and the data contained in the documents forming the personal file of a soldier in advance.

(5) An active reserve soldier or a reserve soldier designated under § 5b of the Law of Defense is required to notify, within 8 days of the date on which the change took place, the Director of the relevant Regional Military Command of changes in the personal data held on him in the military record, at the time of carrying out the military active duty, the service authority and at the time of the non-military active duty. The obligation under the first sentence shall apply mutatis mutandis to a back-up soldier who has requested to take part in a military exercise under a military law at the time of carrying out military active service.

ČÁST DRUHÁ

PROVISION OF SERVICES

§ 4

Military rank

The natural person will become a soldier in reserve by way of withdrawal, and he or she will have military rank (rank) of private.

§ 5

Time of rank

(1) The period of seniority for appointments shall be:

(a) 2 years in the rank of Corporal, Corporal, Sergeant and Colonel,

(b) 3 years in the rank of sergeant, sergeant, lieutenant and lieutenant,

(c) 4 years in the rank of master, captain and major,

(d) 5 years in the rank of Ensign, Ensign, Staff Ensign and Lieutenant Colonel.

(2) Where a soldier in reserve has reached a higher education rating during the period of inclusion, he may be appointed to a higher rank even for a period shorter than that referred to in paragraph 1, provided that that period is more than half the period prescribed for a higher rank.

§ 6

Appointment and adaptation

(1) If the soldier has not reached the rank specified for the post at which he is designated by the decision to place him in the active reserve, he may be appointed to the rank after the conditions for appointment have been fulfilled.

(2) If the soldier has reached an advance rank higher than that prescribed for the post at which he is appointed, he shall be entitled to that rank during the period of pre-designation.

§ 7

Withdrawal of rank

(1) Rank

(a) the President of the Republic as a back-up to a soldier in the service of generals on a proposal from the Government of the Czech Republic,

(b) the Minister of Defence to a soldier in reserve in the rank corps of lower and senior officers,

(c) the Director of Military Intelligence to a soldier in reserve in his subordination other than those referred to in (a) or (b); or

d) Chief of General Staff of the Army of the Czech Republic in reserve to a soldier not mentioned in points (a) to (c).

(2) It is not possible to remove the Private's rank in advance.

§ 8

Allocation of the service period of the soldier in reserve

(1) A back-up soldier shall be assigned a period of service for periods of military employment and personal leave on a daily basis by a commander of a military unit or military facility (hereinafter referred to as "unit commander"). The content of military employment is military training, carrying out the tasks of the armed forces of the Czech Republic and other service tasks.

(2) If a soldier is entitled to a replacement leave in the service, he shall be compensated for his unspent part when he is discharged from military active duty for each hour of unpaid leave equal to the proportion of his service and special allowance.

(3) If a soldier is entitled to leave in the service and cannot be exhausted because he has been released at a different date than after carrying out a military active service of a specified length, he shall be entitled to compensation for his unspent part when he is discharged from the military active duty for each hour of leave not provided, equal to a proportion of his service and special allowance.

(4) If a soldier in an active reserve on his own initiative during a period outside a military active service has performed a specific activity in the interest of the service, he shall notify the service authority without delay. A maximum of three days of such activity may be recognised as a service.

§ 9

Abandonment of military object

(1) A soldier in reserve on duty may leave the military object at the time of personal leave.

(2) The commander of the department is entitled to order a soldier on standby at the time of his personal leave to remain in the military facility, if required by the exercise of the military profession in which he participates.

§ 10

Military uniform and wearing

A soldier in active reserve is entitled to wear a military uniform even outside the exercise of military active service. The right to wear a military uniform is demonstrated by an active back-up soldier with a military pass issued under a military law.

§ 11

Discharge

In the event of a reasonable suspicion of the commission of a criminal offence or of a serious violation of the duties, if the further performance of the service would threaten an important interest in the service or clarification of its action, the soldier may be relieved of the service in his service and be entrusted with the performance of duties other than those resulting from his service.

§ 12

Staff leave

(1) A soldier in reserve in the service is entitled to leave up to 5 days in the calendar year

(a) when a parent, husband, registered partner, partner, child, sibling, foster father, adopter or at their own wedding,

(b) as a result of urgent family reasons in cases of illness or injury to a child, a parent, a spouse or a registered partner where the immediate presence of a soldier is indispensable; or

(c) for the treatment of a child, parent, husband, registered partner or person living in the common household.

(2) A soldier in reserve on duty shall be entitled to a period of 10 days' leave in the event of a natural disaster affecting his or her or the person referred to in paragraph 1.

(3) The period of duty shall be counted against the total duration of the service.

(4) The reasons giving rise to the right to leave shall be demonstrated by the soldier in reserve in the service.

(5) Where a soldier in reserve carries out a service in a foreign operation and its conditions permit, he may be granted a leave of service of up to 5 days for each 3 months of operational deployment.

(6) Staff leave is granted by the service authority.

(7) A soldier in service shall be released prematurely if there is a shorter period of time to end his service than:

(a) a period of leave in the cases referred to in paragraph 1 plus one day; or

(b) 11 days in the case referred to in paragraph 2.

§ 13

Staff evaluation

(1) The professional evaluation of a soldier in the service shall be carried out in writing by the service authority after the completion of the comprehensive part of the training or service and the soldier in the service shall be informed thereof.

(2) The Ministry of Defence, hereinafter referred to as "the Ministry", provides by decree for the procedure for the service evaluation of a soldier in reserve in the service and its aspects.

§ 14

Release of pregnant soldier from service

(1) The service authority shall immediately release from the service a backup soldier who is pregnant if, according to a medical opinion, the performance of the service would pose a risk to her safety or health or would have a negative effect on pregnancy.

(2) The advance-duty soldiers shall immediately notify the commander of the service that they are pregnant and provide evidence of this by a medical report.

ČÁST TŘETÍ

LIMITATION OF MILITARY RIGHTS IN SERVICE AND LEGISLATION

§ 15

Right of association

A back-up soldier may engage in activities for the benefit of a political party, political movement or trade union organisation only at the time of his personal leave and outside a military object. In doing so, a soldier in reserve on duty or an active soldier is prohibited from wearing a military uniform.

§ 16

Economic rights

A reserve soldier may only engage in other gainful activities at the time of his or her personal leave, unless the pursuit of military employment so precludes.

§ 17

Disciplinary offence of a soldier in reserve in the service and its management

(1) A disciplinary offence shall also be dealt with in the service of a soldier having the characteristics of an offence under the law governing the offence, provided that such action has been committed by a soldier in the service in the performance of the service or in the direct connection with its performance.

(2) The disciplinary action of the reserve soldier referred to in paragraph 1 shall be initiated and decided by the unit commander, even if the reserve soldier is no longer in the service of the military.

ČÁST ČTVRTÁ

NATURAL AND MONETARY AFFAIRS

§ 18

Prospective requirements

(1) A soldier in reserve on duty is entitled to free meals.

(2) Other food or compensation in cash may be provided to a soldier in the service instead of a hot diet, if it has not been possible to secure it.

(3) When a claim for compensation is combined in cash, instead of a hot diet and travel arrangements ensuring its catering, the soldier in reserve in the service of the travel document providing its catering.

§ 21

Accommodation

(1) A soldier in reserve on duty is entitled to free accommodation provided in a military accommodation facility. If it is not possible to provide accommodation in a military accommodation facility, it is provided with other reasonable free accommodation.

(2) If the soldier in reserve cannot provide free accommodation in the service, he shall be entitled to compensation for the effective cost of accommodation in cash.

§ 23

Cash requirements

(1) The financial requirements are the service, the fee for the service abroad, the special surcharge, the remuneration, the incentive remuneration, the recruitment and stabilisation allowance and the compensation provided for in Sections 18 and 21.

(2) The ordinary, foreign service surcharge and the special fee are payable to the soldier in reserve for each day of service.

(3) A soldier in reserve in the service is not entitled to cash formalities for the day on which he had the period of his unexcused absence in the service.

§ 24

Fair

For the period of service and on the calendar day following the end of the period of service, the soldier in reserve shall be liable to the seniority prescribed for the post on which he is assigned, equal to the service fare of the professional soldier for that rank.

§ 25

Extra charge for service abroad

A soldier in reserve in the service sent to the service in the operation shall, during the period of service outside the territory of the Czech Republic, receive a fee for the service abroad which belongs to the professional soldier sent to the foreign operation.

§ 25a

Recruitment and stabilisation allowance

(1) A soldier in reserve who has completed military training to acquire basic military knowledge and skills and has not been assessed as unsatisfactory upon completion, may, according to the place of service and the type of activity carried out at the place of service at which he is assigned, be granted a recruitment allowance of CZK 30 000 for each full year in respect of which he is assigned.

(2) A back-up soldier is required to return a recruitment allowance or a proportion thereof if he is excluded from the active advance for the reasons set out in § 35 (1) (d), (f) or (h) or § 35 (2). The proportion of the recruitment allowance shall be determined on the basis of the proportion of the number of full calendar months in which the soldier was actually placed in an active reserve and the period to which he was originally assigned.

(3) According to the place of service and the type of activity carried out at the place of service at which it is placed, a stabilisation allowance of CZK 2,000 may be granted for each full calendar month of the period for which the soldier is placed. The provisions of paragraph 2 shall apply mutatis mutandis to the recovery of the stabilisation allowance or the proportional part thereof.

§ 26

Remuneration

(1) An active reserve soldier who has performed a military active service for a total of at least 14 days or an operational service in the calendar year shall receive a remuneration of CZK 18,000 per year. A soldier in active reserve will receive a very good reward for the result of the service reviews by CZK 6,000 and an excellent reward by CZK 9,000.

(2) An increased remuneration is payable to an active soldier for each calendar day on which he was active in the military service, with the exception of an operational service outside the Czech Republic,

(a) CZK 171, if it has been placed in active reserve for at least 2 years,

b) 214 CZK, if it has been placed in active reserve for at least 4 years,

c) 257 CZK, if it has been active for at least 7 years,

(d) 300 CZK if it has been placed in an active reserve for at least 10 years; or

e) 343 CZK, if included in an active reserve of at least 13 years.

(3) An active reserve soldier who studies a study programme or part of a study programme at a university in the form of a presentation study and has not reached the age of 26 is entitled, if he has completed his military training to acquire basic military knowledge and skills and has not been assessed as a non-compliant, motivational reward of CZK 6,000 upon completion.

(4) A soldier in reserve who is not placed under an active reserve and has requested to participate in a military exercise under a military law or who has been called upon to engage in military exercises on the basis of exceptional government measures shall be entitled, if he has completed his military training to acquire basic military knowledge and skills and has not been regarded as unsatisfactory upon completion, a reward of CZK 15,000.

§ 27

Maturity of cash requirements

(1) The regular, fee for service abroad, the special surcharge, the increased remuneration and the types of compensation laid down shall be due in the calendar month following the month in which the right arises for the soldier in the service. On discharge from the service, the service charge abroad, the special fee, the increased remuneration and the types of compensation provided for shall be paid within the next regular payment period.

(2) The formalities are paid by the military administration.

(3) The remuneration referred to in Article 26 (1) shall be paid once a year by the end of the month of March following the year for which the remuneration was due to the soldier in active reserve.

(4) The incentive remuneration referred to in Article 26 (3), the remuneration referred to in Article 26 (4) or the recruitment allowance shall be paid at the earliest pay date after successful completion of military training to obtain basic military knowledge and skills.

(5) If the active advance is withdrawn during the calendar year, the remuneration shall be paid by the end of the month following the month in which the active advance is withdrawn.

(6) The stabilisation allowance shall be paid within 60 days of the date on which the decision on inclusion in the active advance becomes final.

§ 28

Payment of cash requirements

(1) Money is paid in Czech currency and rounded up to the whole crown. The proportion of the service charge and the special surcharge shall be calculated as a proportion of the monthly amount of the service or special surcharge and the number of calendar days in the relevant calendar month multiplied by the number of calendar days of the military active service. The calculation of the proportion of remuneration or incentive remuneration shall include an incomplete calendar month in which the soldier was placed on an active reserve.

(2) Cash formalities shall be paid cashless to a payment account designated by a soldier in reserve in the service, in such a way that they are credited to the account at the latest on the day of the regular payment deadline.

(3) Upon request, an advance payment may be made in cash to a soldier on duty in an operational capacity posted abroad, including in a foreign currency, for an extra charge for service abroad. The rate declared by the Czech National Bank for the first day of the month for which the surcharge is due shall be used to convert the premium for the service abroad into foreign currency.

(4) The Ministry shall forward to the soldier in reserve in the service a document containing the details of the various components of the cash requirements and of the collisions carried out in the monthly cash accounts. If it does not enable the service to be carried out, the service authority shall do so at the earliest appropriate time. At the request of a soldier in service, the service authority shall allow him to consult the documents on the basis of which the cash requirements have been calculated.

(5) The service authority may authorise a soldier in reserve in the service to pay cash in cash. A reserve soldier may authorise another natural person in writing to accept cash formalities.

§ 29

Deductions from fees, allowances for duty abroad and special allowances

(1) The competent authority may only deduct from the service fee, the fee for service abroad and the special allowance:

(a) income tax on natural persons from dependent activities;

(b) social security contributions and contributions to national employment policy;

(c) public health insurance premiums;

(d) pension savings premiums;

(e) any outstanding advance on travel expenses or other outstanding advance on duty provided to a soldier in reserve for the performance of his duties;

(f) an advance payment for a service abroad which is required to be refunded by a soldier in the service because the conditions for its admission have not been fulfilled; or

(g) the amount affected by the enforcement of the decision ordered by the court, administrative authority, service authority or authority empowered by other legislation.

(2) Another deduction from the service fee, the fee for the service abroad and the special surcharge may be made only on the basis of an income withholding agreement concluded between the competent service authority and the reserve soldier or reserve soldier.

(3) In order to determine the order and conditions of precipitation referred to in paragraphs 1 and 2, the provisions of the Labour Code on income deductions shall apply mutatis mutandis.

§ 30

Average earnings

(1) The provisions on the average earnings of the Labour Code shall apply mutatis mutandis to the establishment of the average earnings, with a salary or salary being understood as a service and a special allowance. No account shall be taken of other cash requirements.

(2) For the purposes of determining the average earnings, the working time shall be 40 hours in a calendar week which shall be spread evenly over normal working days.

ČÁST PÁTÁ

REFUNDS ON TRADE ELIGIBLE TO MILITARY SERVICES

§ 31

Obligation of the Czech Republic to make good the damage

The damage caused to the soldier in service in direct connection with the performance of the service or to the performance of the service by a breach of the legal obligation must be replaced by the Czech Republic.

§ 32

Obligation to compensate for damage to items left by a soldier in reserve on duty

(1) The Czech Republic is obliged to make good any damage caused by a soldier in service in the exercise of military active service or in direct connection with him to a designated or usual place up to CZK 16,000.

(2) If the damage to the items left behind by the soldier in the service was caused by another soldier or if the superior has taken these items into custody, the damage shall be reimbursed without limitation.

(3) The service authorities are obliged to create conditions for the safe storage of goods.

(4) The right to compensation shall cease if a soldier on standby has not notified the superior without undue delay, but no later than 15 days after the date on which he became aware of the damage.

(5) The Czech Republic has an obligation to make good any damage caused to the matters of a soldier in the service in the performance of, or in direct connection with, military employment or to avert the danger of life or health or damage to property.

ČÁST ŠESTÁ

SPECIFIC PROVISIONS ON MILITARY SERVICES IN ACTIVE AREA

§ 33

Entry into active backup

(1) The provisions of the Professional Soldier Act governing the conditions for admission to the service of the Professional Soldier shall apply mutatis mutandis for the inclusion of a soldier in an active reserve. A political party, political movement or trade union and the pursuit of other gainful activities are not a barrier to the active reserve.

(2) The decision to be included in the active reserve shall specify the rank of the soldier in the active reserve, the military department or military establishment for which the soldier in the active reserve is prepared, the post of service and the corresponding rank, the amount of remuneration or incentive remuneration and the period of inclusion in the active advance.

(3) In the case of a former professional soldier who is placed under an active reserve within two years of the termination of the professional soldier's service, the conditions referred to in paragraph 1 shall not be identified before the decision to be placed under an active reserve has been taken. This shall also apply in the case of a further decision to place a soldier in an active reserve, which shall take effect on the day following the date of expiry of the previous decision to place him in an active reserve.

§ 34

Non-active advance

An advance soldier shall not be included in the active reserve, which, pursuant to Paragraph 25 (1) and (2) of the Law of Defense, provides for an exemption from the obligation to come to the levy proceedings and perform an emergency service.

§ 35

Discharge from active backup

(1) An active reserve soldier shall be removed from the active reserve before the expiry of the period for which he was placed in the active reserve by decision of the Director of the Regional Military Command on the active reserve due to:

(a) the termination of the duty;

(b) the creation of an obstacle to the active advance referred to in § 34;

Citation	Act No. 45 / 2016 Coll., on the service of soldiers in reserve
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	05.02.2016
Effective from	01.07.2016
Effective until	-
Status	Valid

Act No. 45 / 2016 Coll.

Law on the service of soldiers in reserve

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