Act No. 480 / 1992 Coll.
Law on the physical security of soldiers and pupils of armed forces schools and their liability for damage
Valid
Effective from 01.11.1992
480
THE LAW
of 2 October 1992
on the physical security and liability of soldiers and pupils of the armed forces schools
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Scope
This law provides for:
(a) the physical security of soldiers of the Army of the Czech Republic (hereinafter referred to as "soldiers") and pupils of the armed forces who prepare for the service of an occupational soldier and who are not in active service (hereinafter referred to as "school pupils");
(b) responsibility for damage to soldiers and school pupils;
(c) the granting of one-off exceptional compensation and financial contribution;
(d) the granting of certain compensation for the expenditure of professional soldiers with a regular place of employment abroad.
HOUSEHOLD PROTECTION OF MILITARY AND SCHOOLS
(1) The material security of soldiers and school pupils includes monetary and in-kind formalities.
(2) In kind, equipment, provisions and transport and accommodation are understood.
Cash requirements
(1) Vocational soldiers and soldiers admitted to other services1) (hereinafter referred to as "Vocational soldiers") are paid according to special legislation.2)
(2) The salary belongs to professional soldiers for the full calendar month; if they have not performed the service for a full calendar month, they shall have a proportion of the salary for each calendar day on which they have performed the service. The term of regular, short and special leave (3) shall be deemed to be a service for the purposes of this Act.
(3) A previous function planned for a professional soldier shall be maintained for professional soldiers in the following cases:
(a) on removal from office before provision for another post, on secondment to internal studies or on dismissal from an active military service; 4)
(b) after the expiry of the term of office in elected posts, including termination of the parliamentary mandate in the legislative bodies or elected paid posts in the municipal council, in the performance of tasks not related to the performance of the duties to which they are assigned, the professional soldier in the event of termination of the duties due to pregnancy, under the conditions laid down in special legislation.3)
(4) A fee shall be maintained for professional soldiers on the basis of a salary awarded from a previous performance function intended for the professional soldier, on the grounds of military incompetence on the basis of evaluation and exclusion from the study or leaving the study. 5)
(5) Professional soldiers who have been relieved of their duties, (6) With the date of exemption until the date of termination of the measure, the salary is reduced by half. The reduced salary shall be increased by 10% for each dependent child to whom the professional soldier or his spouse's allowance belongs, up to a maximum of 80% of the salary. However, the reduced salary may not be lower than the minimum wage laid down by specific provisions. If the waiver has been revoked, the difference by which the salary has been reduced shall be paid. If it is followed immediately after the discharge of the duties of discharge from military active duty, 4) the salary is reduced until the date of dismissal.
(1) Soldiers in the basic (replacement) service and in the reserve called for training (hereinafter referred to as "soldiers in the basic service") are entitled to the service according to their rank; in the performance of their duties, in respect of professional soldiers or civil servants, they shall be entitled to deputies and in the course of their duties in difficult and healthy conditions for surcharges.
(2) Soldiers left for further service by decision of the Ministry of Defence during internal studies at military or police schools are entitled to service according to their rank and to study allowances.
(3) School pupils are entitled to an allowance of an amount graduated according to the results achieved.
(4) Professional soldiers who have been seconded to internal studies on the basis of a decision of the Ministry of Defence and who have received the salary referred to in Article 3 before starting the study shall be entitled to an additional rate under the Special Act (2) and to an allowance for study.
(5) From the financial formalities referred to in paragraphs 1 to 3, no more than one third may be deducted from the claims of the Army of the Czech Republic on the basis of an agreement concluded with a soldier or pupil of a school or enforceable court decision.
Disciplinary fees awarded to soldiers under a special law, (8) If they are in the form of a cash or in-kind gift, they shall not be considered to be financial formalities under § 3 and 4.
Disposable monetary assistance
The Minister of Defence may, in exceptional, particularly justified cases, grant a professional soldier, at his request, to overcome a temporary, unguilty social situation of one-off, irreversible monetary assistance.
Recruitment allowance
A recruitment allowance may be granted to graduates of civil schools when they are recruited to serve as a professional soldier.
Travel and other compensation
(1) Soldiers are entitled to compensation for duty travel, departure, transfer and transfer.
(2) Professional soldiers with a regular place of employment abroad are entitled to the same compensation as staff of budgetary and contribution organisations with a regular place of work abroad. (a)
Limitation
Entitlement to cash or in kind shall be limited to three years from the date of its establishment.
LIABILITY OF MILITARY AND REQUEST SCHOOL FOR SCHOOL
(1) Soldiers and pupils of schools who cause damage to the assets of the Army of the Czech Republic in the course of or directly related to the performance of service or study duties are responsible for it under the provisions of Sections 172 to 186 of the Labour Code; in other cases, they are responsible for the damage caused under the Civil Code.
(2) Where damage has been caused by negligence in or directly related to the performance of service or study duties, except for intoxication or abuse of other means of drugs,
(a) the upper limit of compensation may not exceed CZK 5000 individually for non-professional soldiers and school pupils, and where damage arises from a deficit in the values entrusted to the bill or loss of the subject, the amount of CZK 10,000 individually;
(b) compensation may be determined by an amount lower than the actual damage or, where appropriate, by the upper limit of compensation; However, the amount of compensation must be at least one tenth of the actual damage and, if the damage exceeds the upper limit of compensation, at least one tenth of those amounts. If the damage was caused under very difficult training conditions, not by gross negligence, or if a soldier has suffered serious harm to his health, the compensation may be reduced even below that limit, or the compensation may be waived.
INDIVIDUAL INSTRUMENT AND FINANCIAL CONTRIBUTION
Disposable exceptional compensation
(1) A soldier in active employment who has become partially disabled as a result of an accident at work or an occupational disease (hereinafter referred to as "accident") at:
(a) ensuring military discipline if the accident was caused by intentional criminal activity;
(b) flight training in special facilities, such as training on specialised and complex trainers, on centrifuges, in the thermochamber and in the vacuum chamber, and when training to jump from aircraft, helicopters and balloons;
(c) training in hard-to-reach areas such as mountain terrain, desert, sea and swamp;
(d) conducting driving tests on rolling, road and special vehicles at higher speeds or in the field under conditions exceeding those applicable to their driving or operation;
(e) telecommunications and other work on mast, in forced positions without working platforms, of rope ladders, of suspension seats, of a safety belt and of a limited working space on a work bench, at altitudes above 10 m;
(f) activities with the risk of acute poisoning due to non-breathability of the environment and the risk of burns due to high ambient temperature where specific breathing or isolation apparatus or protective clothing must be used for high concentrations of harmful or toxic substances;
(g) underwater activity under increased pressure of air, where diving devices with pressurised air supply need to be used by a hose, breathing apparatus with air compressed in a bottle, oxygen apparatus with regeneration of air or other equipment for underwater work, and during deep brokering, underwater driving and swimming techniques;
(h) activities at risk of exposure;
(i) training in the military fire brigade;
In addition to compensation under the special legislation8b) also a one-off exceptional compensation of CZK 10,000.
(2) When a soldier in active duty is partially disabled as a result of an accident caused by aircraft, helicopters, balloons and ultra-light aeroplanes under a flight plan, flight flight and flight flight and flight equipment, aircraft jumps, explosive and ammunition disposal, rescue operations involving a threat to human life or property or other similarly dangerous conditions, a one-off exceptional compensation of CZK 40 000 is included in addition to compensation under the special legislation8b. However, if such an accident occurred when carrying out pyrotechnic rendering in cancelled military exits or other designated areas, a one-off exceptional compensation of CZK 80,000 is included.
(3) If a soldier in active duty is partially disabled as a result of an accident in the performance of his service under particularly dangerous conditions abroad, he shall be entitled to a one-off exceptional compensation of CZK 200,000 in addition to compensation under the Special Act 8b. The state of war in the country of residence and the performance of specific tasks shall be regarded as particularly dangerous conditions.
(4) A soldier in active duty who has become invalid as a result of an accident in the activities referred to in paragraph 1 shall be entitled, in addition to compensation under the special legislature8b, to one-off exceptional compensation of CZK 40,000. Where a soldier in active duty is an invalid as a result of an accident in the activities referred to in paragraphs 2 and 3, one-off exceptional compensation shall be equal to twice the amounts referred to in paragraphs 2 and 3.
(5 The surviving spouse and any surviving child who fulfils the conditions for an orphan's pension shall be entitled to one-off exceptional compensation equal to half the amounts referred to in paragraph 4. The surviving parents and other natural persons, if they have been fed to a soldier in active duty, are entitled to one-off extraordinary compensation in total of CZK 20,000. One-off exceptional compensation is equal in these cases.
(6) The one-off exceptional compensation provided for in paragraphs 1 to 5 shall also apply where the conditions for the waiver of liability for injury are met, except where the injured soldier in active duty has been intoxicated or caused by abuse of other addictive substances.
Financial contribution
(1) The Ministry of Defence may grant a financial contribution of up to CZK 50,000 to soldiers, school pupils and survivors of such persons to mitigate damage to health in connection with the performance of an active military service or in connection with the preparation for the service of an occupational soldier, upon request, in special cases where appropriate.
(2) A financial contribution may not be granted where the persons referred to in paragraph 1 have been granted one-off exceptional compensation under Paragraph 10a.
(3) For the purposes of granting the financial contribution referred to in paragraph 1, survivors shall be deemed to be spouses, children who fulfil the conditions for the grant of an orphan's pension, parents and other natural persons who have been dependent on the deceased for maintenance.
TRANSITIONAL AND FINAL PROVISIONS
The Ministry of Defence provides for a general binding law
(a) the conditions of entitlement and the extent of the legal requirements referred to in Article 2 (2), the rules for payment of the salary referred to in Article 3, the conditions for entitlement and the extent of the financial requirements referred to in Article 4, with the exception of the value surcharge, and the travel allowances referred to in Article 8 (1);
(b) the conditions for granting and the scope of one-off monetary assistance referred to in Article 6;
(c) the conditions for the grant, the amount and the method of payment of the recruitment allowance referred to in Article 7.
Professionals recruited at the time of study at military or police schools under the regulations in force before 1 September 1991 shall enjoy, for the period of study, the rights referred to in Article 4 (4).
Entitlements arising before the date of application of this Act shall be assessed in accordance with the existing rules.
Act No. 88 / 1952 Coll., on Material Security of Armed Forces, as amended by Act No. 76 / 1959 Coll., Act No. 143 / 1992 Coll. and Act No. 286 / 1992 Coll.
This Act shall take effect on 1 November 1992.
Spatial v. r.
Kováč v. r.
1) Sections 25 and 37 (2) (b) of Act No. 92 / 1949 Coll., Brandenary Act, as amended (complete version No. 331 / 1992 Coll.).
2) For example Act No. 143 / 1992 Coll., on the salary and remuneration for on-call time in the budget and in some other organisations and bodies.
3) § 12a to 12c of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended (full version No. 361 / 1992 Coll.).
4) § 10a of Act No. 76 / 1959 Coll.
5) § 10c paragraphs 1, 2 and 3 (b) of Act No. 76 / 1959 Coll.
6) § 10b of Act No. 76 / 1959 Coll.
7) Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on allowances for children from sickness insurance, as amended.
8) Sections 15 and 22 (3) of Act No. 76 / 1959 Coll.
8a) Decree of the Government No. 62 / 1994 Coll., on the granting of reimbursement of certain expenses to staff of budgetary and contribution organisations with a regular place of work abroad.
8b) § 193 et seq.
8c) § 197 et seq. of the Labour Code.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 480 / 1992 Coll., on the physical security of soldiers and pupils of armed forces schools and their liability for damage |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.1992 |
|---|---|
| Effective from | 01.11.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0