Decree No. 53 / 1945 Coll.
Decret of the President of the Republic on atoning injustices to Czechoslovak public employees
Valid
Effective from 01.09.1945
53.
Decret of the President of the Republic
of 17 August 1945
on atoning injustices to Czechoslovak public employees.
On the proposal of the Government and in agreement with the Slovak National Council, I establish:
Public servants who, at the time of infreedom, have been harmed in their rights and obligations of employment in relation to the political behaviour of their or other persons, or for the personal characteristics of their or other persons, or in relation to the political circumstances which occurred during the period of infreedom, shall be compensated under this decree with effect from the date on which the damage occurred.
(1) Where the court or authority has declared the void of a criminal judgment or a finding or has annulled it pursuant to Articles 9 and 10 of the Constitutional Decree of the President of the Republic of 3 August 1944 on the renewal of the rule of law, or where the decision of the judicial or public administration has been annulled pursuant to Article 6 of that Decree, such a statement shall have the effect, in respect of the rights and rights of the civil service.
(2) The atonement of injustices under that decree may be decided even before the initiation of proceedings pursuant to Articles 6, 9 and 10 of that constitutional decree, provided that it is already established in advance that all of the provisions of Section 1 for atonement of injustices of the prescribed condition are fulfilled.
(3) If, according to the outcome of the proceedings referred to in Articles 6, 9 and 10 of that Constitutional Decree, the conditions for atonement under that decree are not fulfilled, the decision to atonement shall cease to be valid.
(4) Where a court or tribunal changes the judgment (finding, decision) in accordance with Articles 6 and 9 of that constitutional decree, it shall be granted, if all the conditions laid down in that decree are fulfilled for the staff member, appropriate compensation under that decree as if that judgment (finding, decision) had not been given in the absence of a period of infreedom.
(1) Public servants within the meaning of this Decree are:
1. staff in active employment
(a) the State, the volumes of the local government, other public corporations and foundations;
(b) the institutes, undertakings, funds and establishments belonging to or managed by the bodies referred to in (a);
(c) for which the Act of 24 June 1926, No. 104 Coll. (Teaching Act) applies;
2. Beneficiaries of the resting (provision) salaries and waivers under the pension arrangements of the State and other corporations and entities referred to in No 1;
3. persons who are not under Nos 1 and 2 solely because they have been released from the services or excluded from the employer's pension arrangements referred to in No 1 without any entitlement to service or rest pay or leave the services.
(2) Where such a decree is used by an employee (s), this shall be understood to mean, unless otherwise provided by the decree, persons referred to in paragraph 1 and survivors of such persons entitled to the allowance. In doing so, it does not decide whether the employment relationship is public or private (contractual).
(1) Political behaviour within the meaning of Article 1 is to understand in particular all the actions by which an employee (another person) has made a statement that he does not agree to a new political arrangement if he fled abroad, who has been reluctant to make a promise or to obey an order to enter a service outside his territory. The Protectorate, did not pass the German language exam at all or in time or with success, carried out an activity identified as hostile to Germany, belonged to a particular organisation and was disciplined or prosecuted for such or other political activity in a disciplinary or judicial manner, taken into custody or otherwise secured, or prosecuted and under.
(2) Employees damaged for the personal characteristics of their or other persons shall mean employees of Jewish or Jewish mixed persons or employees living in marriage with Jews or Jewish mixed persons, employees of legionnaires or members of Masonic boxes and such as.
(3) In the context of the political conditions which occurred during the period of infreedom, employees who were prosecuted for reasons related to their individual (or other persons) independent, for example in the framework of retaliatory or similar measures, as hostages, as well as university professors and university assistants after the closure of Czech universities and such.
The damage within the meaning of Article 1 shall include:
(a) the imposition of a fine, a reprimand (similar disciplinary, disciplinary);
(b) exclusion or refusal of advance to higher levels of service (adjute, daily salary, remuneration, etc.);
(c) reduction (reduction) of the service (adjute, daily salary, remuneration, etc.), reduction, denial or cessation of payment of the service salary (corresponding to him);
(d) the postponement of the provision of the candidate in the definitive proportion to which he is entitled, the transfer of the staff member to a post of service of the lower class (lower working groups);
(e) transfer (permanent transfer) to another post in the same or other political community or transfer to another branch of the public service, in both cases with a possible transfer of a staff member to a lower salary scale (functional service scale) or to a lower level of service (corresponding to his / her salary) or a possible reduction of his / her salary,
(f) dismissal, loss of office as a result of criminal proceedings, transfer to leave with a foreseeable, early transfer to service by official authority or at his own request, if, in the circumstances in which it was lodged, it can be concluded that the staff member has been forced to apply for the reasons set out in Section 4 or has not completed the age limit applicable to the transfer to the service of official authority, to the sole purpose of not being forced to serve the interests of the German occupants, to be transferred to the service of the sentence with a possible reduction in the remuneration;
(g) the withdrawal or reduction of the resting (provision) salaries, the reduction of their payment or their loss as a result of criminal convictions;
(h) failure to recognise the period spent in the Czechoslovak Legion for the period of service and its total or partial exclusion in the measure of resting (provision) salaries;
(ch) other than those mentioned under (a) to (h), the injury suffered by the staff member.
(1) The following measures shall be implemented to atone for damage (Section 5):
1. In the case referred to in point (a), the amount of money paid (fine) shall be refunded. The entry of the sentence shall be deleted from the personal statement (similar official record) as void. This also applies to other disciplinary (disciplinary) penalties which have damaged the employee within the meaning of § 5.
2. In the case referred to in point (b), the service (adjutum, daily salary, remuneration, etc.) shall be assessed as if there had been no exclusion or refusal of payment procedure.
3. in the case referred to in point (c), the service (adjutum, daily salary, remuneration, etc.) shall be determined again as regards the assessment of the resting (provision) salaries on the basis of the non-reduced (non-reduced) pension base. Reduced (denied, stopped) service salaries (corresponding) shall be paid.
4. In the case referred to in point (d), the staff member shall be set at a definitive rate, the reassigned staff member being included as regards the resting (provision) salary shall be assessed as if these measures had not occurred.
5. In the case referred to in point (e), the staff member shall be replaced by the costs associated with the transfer and the same shall be transferred back to his original or equivalent post. An employee transferred to another branch of public administration shall be transferred back. The provisions of the previous two sentences apply only if they are called to military active service. In others, the provisions of point 4 shall apply mutatis mutandis.
6. In the cases referred to in point (f):
A. The staff member shall apply for active service:
Where a staff member is fit to serve:
(aa) has not completed, within two months of the date of publication of the decree, the age limit applicable to the transfer without a disability certificate (after 60 years of age, if not within the scope of public pension provision);
(bb) he has completed that age limit at that time, but has not yet reached the legal right to full service;
it shall be assessed in respect of his employment relationship and shall be entitled to a service salary (corresponding to him) as if the measures referred to in point (f) had not taken place.
B. Staff members shall not sign up for active duty.
If the staff member has not applied for active employment within 2 months of the publication of this decree, although no later than the last day of that period, he has not yet completed the age limit applicable to the transfer without a disability certificate, he shall receive compensation according to the letters. And only to the effect of this decree. After that period, he is deemed to agree to be granted a remuneration of twice his pension base on the spot of all claims arising from the employment relationship for him and his members.
C. The employee, although applying for active service, was not recognised as fit for service, completed the age limit, died.
The staff member shall be assessed according to the letters. A:
(aa) until the effective date of the decree, if it has not been recognised as eligible for service;
(bb) until the date on which he reached the legal right to full service, if he completed, within 2 months of the date of publication of the decree, the age limit applicable to the transfer to the service without a certificate of incompetence,
(cc) until the date of death,
and from that time onwards they shall be entitled to him (his survivors) without a special act of transfer to the service of the regular retirement allowance.
A staff member who enters the service under point (bb) may, at his own request under the applicable rules, be called up for active service (reactivated).
D. The employee was executed, killed, died in custody and under.
If the staff member has been executed, killed or died in custody (collateral or causality related to the employment order - establishment) in respect of release (collateral), but prematurely in a probable causal relationship to the relationship (collateral or employment order - establishment), the widow shall, from the first day of the month following the date of the death of her spouse's widow's pension (provision salary) of 100% of his pension base, but not less than 15 000 K. In these cases, the widow of the recipient of the resting (provision) salary shall be the widow's pension (provision) of the resting (provision) salary which belonged to her husband. The widow of the staff member who was executed died in custody and died before 1 January 1944, i.e. before the effective date of the Salary Amendments No 15 to 19 / 1944 Coll., from 1 January 1944, the widow's pension (provision salary) shall be 100% of the pension base at the rates of those Salary Novels.
7. In the case referred to in point (g), they shall be admitted as if they had been lost, withdrawn or reduced as regards the reduction of their payment.
8. In the case referred to in point (h), new adjustments or measurements shall be made in respect of the retirement (provision) salary, in which the period spent in the Czechoslovak legions shall be assessed in accordance with the rules in force before 30 September 1938.
9. In the case referred to in point (ch), adequate compensation shall be granted, in which case the period of application of points 1 to 8 shall apply.
(2) In the case of staff of the missing, it is to stop the service in respect of the rest pay at the end of the month in which two years have passed since they became missing, except that these salaries should have been stopped earlier for other legal reasons. After the termination of the salaries, persons who would have been lost in the event of their death, provided they are not involved in military or similar arrangements, shall be paid an advance on such salaries until the death declaration is made. Where the two-year period referred to in the first paragraph has already expired for missing staff, the service (s) salary shall be stopped at the end of the month in which the decree becomes effective.
(3) In the cases referred to in Sections 5 (f) and (g), compensation to be granted under this Decree shall be charged to any income arising from, or provided for, the service or consideration of, the service, as well as the income from private gainful activities after leaving the service. The revenue resulting from the commandments provided for in the Government Decree of 4 May 1942, No 154 Coll., which makes up certain measures relating to the management of work, shall be entered in the accounts at an amount exceeding 12.000 K per year and shall be deducted from the commandment outside the territory. Protectorate in excess of 24,000 K per year.
(4) In cases of special consideration, in particular where a staff member (his survivors) has fallen into poverty, severe illness or if he has lost his ability to earn, or if this is necessary in order to eliminate inconsistencies in terms of hardness, he may, in addition to compensation under the preceding paragraphs, be entitled to either additional one-off cash compensation or other higher compensation.
The award of compensation under this decree shall be excluded if the staff member, as far as the other beneficiary is concerned, is not fair in respect of national and national reliability.
(1) The compensation shall be granted on a written non-compulsory application to be submitted by the end of June 1946 at the latest to the office responsible for the staff member's current employment. Retired staff and former staff shall submit an application to their last personal office (its successor) and, if not that office, to an office whose liquidating authority provides for the payment of resting wages (the paying office). Staff who have disembarked or have been dismissed from the services of the central offices later cancelled shall apply to the Ministry of Finance, to staff who have disembarked or been dismissed from the professional services subordinate to the repealed central offices, to the Regional Financial Directorate. The staff member shall also submit an application to the same office. The time limit shall be respected if the application has been surrendered within that time limit. Applications, applications and complaints relating to compensation lodged before the Decree is effective (Paragraph 14) may not be considered as applications within the meaning of this Decree unless the application is duly substantiated.
2. The competent central authority may, where justified, in agreement with the Ministry of Finance.
(3) The application must indicate exactly the type and volume of damage suffered, state all the essential circumstances relevant for the assessment of the case, attach written documents and offer evidence. In the cases referred to in § 5 (f) and (g), the amount of revenue from public and gainful activities within the meaning of § 6 (3) shall also be indicated.
(1) The Central Authority shall assess whether the prescribed conditions for compensation pursuant to Paragraph 2 (2) are met. The method and amount of compensation shall also be decided by the Office under other provisions.
(2) The competent central authority shall decide on the compensation in the cases referred to in Articles 2 (4) and 6 (1), 9 and 6 (4) in agreement with the Ministry of Finance and Interior. If necessary, the Ministry of Finance may, in agreement with the Ministry of the Interior and the Supreme Accounting Audit Office, issue generally binding directives on compensation in such cases.
(3) Otherwise, it decides on compensation
(a) in the case of staff of state and teachers under the law of the teaching competent personal office, in the case of staff of state resting (provision) salaries, the office referred to in § 8 (1), second sentence, in the case of former staff referred to in § 8 (1), third sentence, of the Ministry of Finance, as regards the Regional Financial Directorate,
(b) for staff of the territorial authorities' unions, the relevant national committee;
(c) for employees of other public law corporations and foundations, the competent State supervisory authority; that office may transfer its authority to a subordinate public law corporation with supervisory powers.
The provisions on the synergies between the state authorities (s) of financial management in pension matters remain unaffected.
A decision under this decree may be appealed to the Central Office within 15 days of the Office which has decided in the first chair. The period shall begin on the day following receipt of the decision; the beginning and running of the period shall not be built on Sundays or state-recognised holidays and memorable days. If they have an end to the period, the next working day shall be deemed to be the last day of the period.
An employee, who fled abroad, entered the services of the Czechoslovak Republic (his survivors), shall be compensated under this decree until the staff member entered those services; after that period only if the compensation under this decree is more favourable to the staff member (his survivors) than the rights and entitlements arising from those services.
According to the principles of this decree, it is also appropriate to proceed similarly with the compensation of the recipients of the gifts and pensions of grace and of the resting (provision) salaries permitted under free consideration.
This Decision shall take effect on the first day of the month following its publication; it shall be carried out by all members of the Government.
Dr Beneš v. r.
Fierlinger v. r.
David v. r.
Gottwald v. r.
Broad v. r.
Dr Šrámek v. r.
Ursines v. r.
Gen. Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr. Unedible v. r.
Dr Stránská v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Hala v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.
Majer v. r.
Dr Clementis v. r.,
Same for Minister Masaryk
Lt-Gen Ferjenčík v. r.
Lichner v. r.
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Regulation Information
| Citation | Decree No. 53 / 1945 Coll., on atonement of injustices to Czechoslovak public employees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.1945 |
|---|---|
| Effective from | 01.09.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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