Act No. 530 / 2005 Coll.
Act amending Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps, as amended, Act No. 362 / 2003 Coll., on the amendment of laws related to the adoption of the Act on the service relationship of members of the Security Corps, as amended, Act No. 586 / 1992 Coll., on Income Tax, as amended, and Act No. 153 / 1994 Coll., on the intelligence services of the Czech Republic, as amended
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Effective from 01.01.2006
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01.01.2006
29.12.2005
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530
THE LAW
of 30 November 2005
amending Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps, as amended, Act No. 362 / 2003 Coll., on the amendment of the laws related to the adoption of the Act on the service relationship of members of the Security Corps, as amended, Act No. 586 / 1992 Coll., on income taxes, as amended, and Act No. 153 / 1994 Coll., on the intelligence services of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the service relationship of members of the Security Corps
Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps, as amended by Act No. 186 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 586 / 2004 Coll., Act No. 626 / 2004 Coll., Act No. 169 / 2005 Coll., Act No. 253 / 2005 Coll. and Act No. 413 / 2005 Coll., is amended as follows:
1. paragraphs 2 to 4, including the headings and footnotes 1 to 4, read:
Jurisdiction to act and decide on matters of service
(1) In matters relating to the service of members, the Director of the Security Corps shall act and act on behalf of the State, unless otherwise specified. To the extent specified by it, the Head of the Security Board shall also act and act.
(2) In matters of service of the Director of the Security Corps, the Minister to whom the Director of the Security Corps is responsible for the activities of the Security Corps or of the performance of his duties under special legislation2) shall act and decide on behalf of the State, and in matters of service of the Director of the Security Information Service, the government designated member of the Government shall act and decide, unless special legislature3 otherwise (hereinafter referred to as the "Senior Director of the Security Corps').
(3) In matters relating to the service of members of the school or educational establishment (hereinafter referred to as "school ') who are not an organisational part of the Security Corps, the Director of the Security Corps shall act and decide. To the extent provided for by it, the School Director may act and decide on the duties of members of the School.
(4) In matters of service of members of the Police of the Czech Republic called upon to carry out duties in the Ministry of the Interior ("Ministry ') 4 and those included in the Police Academy of the Czech Republic (" Police College'), the Minister of the Interior acts and decides. To the extent provided for by it, the Head of the Ministry's organisational section may act and decide, in respect of the duties of members called upon to perform their duties in the Ministry and in respect of the duties of members assigned to the Police Academy, by the Rector of the Police College.
(5) The Minister of the Interior, the Minister of Finance and the Minister of Justice may, at the request of the Director of the Security Corps, delegate
(a) the Director of the organisational body of the State which is set up to perform the tasks of the Ministry managed by them by decision-making in respect of the service relationship of the members of the reserve who are active and seconded to the service in that branch of the State; and
(b) the head of the Ministry's organisational section by deciding on the members' contribution.
(6) The Head of the Security Corps, the Director of the Security Corps and the persons responsible for decision-making in the matters of service referred to in paragraphs 1 and 3 to 5 shall be officials.
Registration of vacant posts
The Ministry shall keep a record of vacant posts in the security corps, with the exception of the intelligence services, and of the data relating to the members of those security corps in reserve, removed from the post and of those who have requested to be transferred to another post. The Ministry shall keep records of members of the service to the extent of the number of the service card and of the education achieved. The Security Board, with the exception of the Intelligence Service, shall communicate this information to the Ministry without undue delay in written or electronic form and shall keep it up to date. Records of vacant posts in the intelligence service and personal data relating to members of the intelligence services shall be kept by the intelligence service.
Systemisation
(1) Systemisation means the determination of the number of posts, including the number of posts in advance and the amount of appropriations fixed by the national budget for the year in question for their service revenue.
(2) The draft systemization is prepared by the Director of the Security Corps in cooperation with his superior. The design of the systemisation shall be processed in accordance with the tasks performed by the Security Board under a special legislature5).
(3) The draft systemisation of the Police of the Czech Republic will be supplemented by the Minister of the Interior by a proposal for systemisation for members called to perform their duties in the Ministry and by a proposal for systemisation for members of the Police Academy and School. The proposal for systemization for members of the Police Academy and at school is prepared by the Minister of the Interior in cooperation with the Rector and Director of the School.
(4) The draft systemisation for the relevant calendar year shall be submitted for approval to the Government in the previous year by the superior director of the Security Corps.
(5) The draft organisational structure of the Security Corps shall be prepared by the Director of the Security Corps and approved by the Head of the Security Corps, according to a government-approved systemisation; in the case of the intelligence service, the organisational structure shall be approved by the Director of the intelligence service.
1) For example § 2 (1) of Act No. 238 / 2000 Coll., on the Fire Department of the Czech Republic and on the amendment of certain laws, as amended by Act No. 362 / 2003 Coll.
2) For example § 3 (6) of Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended.
3) § 4 of Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic.
4) Article 3 (5) of Act No. 283 / 1991 Coll., as amended. '
2. in Article 7 (1) (a), the words "medium vocational" shall be replaced by the words "medium or medium with a certificate."
3. in Article 7 (1) (b), (c), (d) and (e), the words "full secondary, full secondary professional" are replaced by the words "secondary with a graduate examination."
4. In Paragraph 7 (1) (f), the words "full medium, full medium professional / higher professional 'are replaced by the words" medium with a graduate / higher vocational examination'.
5. in Article 7 (1) (g), the word "university" shall be replaced by "higher professional or university."
6. In Article 14 (2) (b), the words "or in the criminal proceedings against him, the decision to suspend the application for punishment and five years have not yet elapsed since that decision," shall be inserted after the words "10 years."
7. In the first sentence of Article 19 (2), the words "and 'shall be deleted and at the end of the sentence the words" and any other specific requirement, if laid down for that place' shall be added.
8. In Article 19, the following paragraph 6 is inserted after paragraph 5:
"(6) For the purposes of this Act, any other specific requirement shall mean fitness for health, physical or personality. ';
Paragraph 6 shall become paragraph 7.
9. Paragraph 20, including the title, reads:
Provisions for vacant post
(1) The Staff Officer shall appoint a member of the same Security Corps as a vacant post in the Security Corps who:
(a) has reached the required rank of service; and
1. has been removed from his post for the reason set out in § 25 (1), (2) or (3), or § 26 (2);
2. is placed in advance for a transitional period not covered by Paragraph 32 (1) or (3) for a maximum period of 1 year;
3. it is to be removed from the advance of an active, student or unpaid, to which it has been classified under Paragraph 33 (a),
4. Exemptions have been terminated; or
(b) has reached a higher rank than that required; and
1. has been removed from his post for the reason set out in Paragraph 26 (4);
2. is placed in the advance for a transitional period not covered by Article 32 (1) or (3) for more than 1 year, or is placed in that advance under Article 32 (2);
3. it is to be withdrawn from the unpaid advance, to which it was classified under Paragraph 33 (b), and cannot be appointed to a post of equal seniority.
(2) If the vacant post cannot be filled in accordance with paragraph 1, the official shall appoint a member of another Security Corps to such post, with the exception of the intelligence service which:
(a) has reached the required rank of service; and
1. has been removed from his post for the reason set out in § 25 (1), (2) or (3), or § 26 (2);
2. is placed in advance for a period of no more than 1 year for a transitional period not covered by Paragraph 32 (1) or (3); or
(b) has reached a higher rank than that required; and
1. has been removed from his post for the reason set out in Paragraph 26 (4);
2. is placed in the advance for temporarily not included in accordance with § 32 (1) or (3) for more than 1 year or is placed in that advance under § 32 (2).
(3) If the vacant post cannot be filled in accordance with paragraph 1 or 2, the post office office may be appointed by the official to that post.
(a) a member of the same Security Corps who has reached the required rank of duty and which was:
1. withdrawn from the post of employment referred to in Paragraph 25 (4);
2. Appointment to the seniority of the previous service (§ 18 (3)),
3. admitted to service and appointed to the service of referents or senior referees; or
(b) a member of another Security Corps, with the exception of the Intelligence Service, who has reached the required rank of duty and who:
1. has been removed from his post for the reason set out in Paragraph 25 (4); or
2. Shall be removed from the advance of an active, student or unpaid, to which it was classified under Paragraph 33 (a); or
(c) a member of another Security Corps, with the exception of the intelligence service, who has reached a higher rank than that required and who has been removed from his post for the reason set out in Paragraph 26 (2); or
(d) a member of the same or other Security Corps, with the exception of the intelligence service which:
1. has reached a rank of service one step lower than that of a Chief Officer, Assistant or Senior Assistant, and has been removed from his post in accordance with Paragraph 26 (3);
2. he has reached the required rank and termination of the discharge (§ 215 (6)),
3. has reached the required rank, is placed in advance for a transitional period of less than 1 year or is to be removed from the advance of an active, the advance for a student or the advance outstanding, to which he has been classified in accordance with Paragraph 33 (a), and has requested provision for a post; or
(e) a member of the intelligence service who has reached the required rank of duty and who has been removed from his post for the reason set out in Section 25 (4).
(4) When occupying a vacant post, the Ministry's official office shall use the Ministry's records of members removed from the post and of members who have requested transfer to another post. The Director of the Security Corps shall, where justified, decide that the vacancy shall not be temporarily filled.
(5) The procedure referred to in paragraphs 1 to 4 shall not apply when the vacant post is filled. ';
10. in Article 21 (1) and (2):
"(1) The Staff Officer of the Intelligence Service may appoint a member of the same Intelligence Service as a vacant post who:
(a) has been removed from his post for the reasons set out in Sections 25 (1) to (3), 26 (2) and (4) or 27;
(b) it is placed in the reserve for temporarily unclassified; or
(c) it is to be removed from the advance of active, student, special or unpaid.
(2) If the vacant post referred to in paragraph 1 cannot be filled, the official office of the intelligence service may provide for that post:
(a) a member of the same intelligence service who has been removed from an existing post pursuant to Paragraph 25 (4) or of another Security Corps having the required rank, if:
1. has been removed from his post for the reasons set out in Paragraph 25 (1) (a);
2. is placed in the reserve for the temporarily unclassified; or
3. has been removed from his post in accordance with § 25 (4); or
(b) a citizen who fulfils the conditions for admission to service. ';
11. in Paragraph 22 (1), the words "If there is no vacancy 'shall be replaced by" If there is no vacancy';
12. in Paragraph 25 (1), the word "or" shall be deleted at the end of point (a), at the end of point (b), the dot shall be replaced by "or" and the following point (c) shall be added after point (b):
"(c) the medical, physical or personality capacity required for this place has been lost."
13. In Paragraph 25 (2), "or 'is replaced by" or is a specialist in an intervention unit or';
14. In Article 26 (3), the words ", Chief Official, Assistant and Senior Assistant 'and the words" Chief Official' are replaced by the words "one step higher '.
15. in Article 26 (4), the words "one step" shall be inserted after the words "fixed."
16. in Paragraph 26 (5):
"(5) A member of the intelligence service may be removed from his current post and assigned to another post for which a higher seniority is provided, if the important interest of the service so requires. ';
17. in Paragraph 29 (1) (b), including footnote 18a:
"(b) abroad for the purpose of carrying out tasks arising from:
1. the international treaties by which the Czech Republic is bound and which have been published in the Collection of Laws or in the Collection of International Contracts 18),
2. European Union18a).
18a) For example, Council Decision 2003 / 479 / EC of 16 June 2003 on rules for national experts and military staff assigned to the General Secretariat of the Council and repealing Decisions of 25 June 1997 and 22 March 1999, Decision 2001 / 41 / EC and Decision 2001 / 496 / CFSP (2003 / 497 / EC), Joint Action of 10 March 1995 adopted on the basis of Article K.3 of the Treaty on European Union on Europol Drugs (95 / 73 / JHA), Council Joint Action of 11 March 2002 on the European Union Police Mission (2002 / 210 / CFSP). '
18. Paragraph 29 (2) reads as follows:
"(2) The provisions of this law shall apply to members of the reserve who are seconded to the service abroad, provided that the international agreement or legislation adopted under it does not provide for other conditions of service. ';
19. in Article 32 (1), the word "or" shall be deleted at the end of point (b), the word "or" shall be added at the end of point (c) and the following point (d) shall be added after point (c):
'(d) which has lost the medical, physical or personality capacity required for the current post,'.
20. in Paragraph 33 (a), the words "maternity or maternity" shall be deleted;
21. in Paragraph 34, the following paragraph 4 is added:
"(4) A member may, after being excluded from the advance for a transitional period of less than 1 year, or after being excluded from the advance for an active period of less than 1 year, the advance for a student or unpaid payment, to which he has been classified in accordance with Paragraph 33 (a), be assigned to a post for which a lower seniority is fixed if he so requests. ';
22. in Article 42 (1) (c), the word "or" shall be replaced by a comma and after the word "level23)" shall be inserted the words "or the decision has been final to suspend the application for punishment 23a)."
Footnote 23a reads:
"23a) § 179g of the Code of Criminal Procedure. '.
23. in Paragraph 42 (4), the second sentence is deleted;
24. in Paragraph 48 (2):
"(2) A Member may not engage in a gainful activity other than a service under this Law; that restriction shall not apply to the cases referred to in Articles 29, 31 and 33 (a) and to other activities provided for by internal acts issued to the Security Board directors. ';
25. in Paragraph 53 (4):
"(4) A two-shift or three-shift service shall be considered as a service in which members take turns in two or three shifts within 24 hours consecutive. A continuous service regime shall be considered as a service regime in which members take turns in shifts within 24 hours consecutive to ensure continuous service operations requiring the performance of a service 24 hours a day for 7 days a week, or perform a 24-hour shift service and a service regime in accordance with paragraph 5. ';
26. In Article 54 (1), the words "150 hours a year 'are replaced by the words" 150 hours in a calendar year' and the words "a member of the double, three-shift or continuous service regime may be ordered, in the important interest of the service, to perform an overtime service not exceeding 300 hours a year 'are deleted.
27. in Paragraph 58 (2) (b), "calendar month" is replaced by "4 weeks."
28. in Paragraph 74 (1), '500 000' is replaced by '100 000';
29. in Paragraph 77 (10), the word 'favour' is replaced by 'disadvantage';
30. In Paragraph 77 (11), the word "a 'shall be deleted at the end of point (j).
31. In Paragraph 77, at the end of paragraph 11, the dot is replaced by a comma and the following point (l) is added:
"(l) psychological care."
32.
Disposable compensation
(1) One-off compensation of CZK 230 000 is granted to a member whose service ended in accordance with § 42 (1) (h) as a result of an accident or occupational disease.
(2) One-off compensation increases annually in proportion to the increase in the average nominal monthly salary of individuals in the non-business sphere achieved according to published data of the Czech Statistical Office for the previous calendar year. "
33. § 109, including the title reads:
Disposable compensation for survivors
(1) One-off compensation for survivors shall be granted to the surviving spouse of a member and to the unemployed (54), each amounting to CZK 200,000, and to each parent of a member, if he lived with him in his household, of CZK 100,000.
(2) One-off compensation for survivors is increased annually in proportion to the increase in the average nominal monthly salary of individuals in the non-business sphere achieved according to published data of the Czech Statistical Office for the previous calendar year. "
34. in Paragraph 112 (2):
"(2) A member shall be provided with a service income taking into account any overtime service of 150 hours per calendar year. The Director of the Security Board and his representative shall take account of all overtime. ';
35. in Article 113 (a), the words "increased in the manner referred to in Article 115 (4)" shall be deleted;
36. Sections 114 and 115, including the headings, read:
Basic tariff
(1) The basic tariff shall be the monthly component of the service, which shall be fixed in monthly amounts for the period of service. A member shall be entitled to the basic tariff fixed for the tariff class laid down for the post and the seniority to which he is appointed and for the tariff grade to which he is classified.
(2) The basic tariff to which a member is entitled under paragraph 1 shall be increased by 10% to a member who carries out a service in the two-shift, three-shift or continuous mode of service.
(3) The basic tariff, including the increase, is rounded up to tens of crowns.
Basic tariff scale
(1) Members shall be given a scale of basic tariffs in eleven tariff classes and in each of them at twelve tariff levels. The basic tariffs in tariff classes are increased by a percentage increase of 8,5% compared to the lower basic tariff. The basic tariff at the 12th tariff level shall be 1,5 times the basic tariff at the first tariff level. The basic charges in the tariff levels are increased by the same percentage increase compared to the lowest.
(2) The basic tariff in the fifth grade and sixth grade at the date of entry into force of the Act is 1,25 times the average nominal monthly wage of individuals in the non-business sphere obtained according to published data of the Czech Statistical Office for 2003.
(3) The basic rates are rounded up to tens of crowns.
(4) The basic tariff scales for 2006 are set out in Annex 2 to this Act. "
37.The following Section 115a is inserted after Section 115:
The Government shall establish, by regulation, a scale of basic tariffs for the following calendar year, for the first time in 2007. In determining this scale, it may increase the percentage referred to in Paragraph 114 (2). '
38. In § 117 (5), first sentence, § 119, first sentence, § 151 (1) and § 152, the word "police 'is replaced by" security'.
39. In Paragraph 119, the third sentence is replaced by the following: "During the period of the grant of this supplement, a member shall not be entitled to a replacement leave and an overtime allowance and a remuneration for a duty-free leave."
40. In Article 120, the following paragraph 5 is added:
"(5) Where a member is entitled to a special premium in accordance with paragraphs 1 and 2, he shall have a higher premium. ';
41.Paragraph 122 (1) reads as follows:
"(1) A personal surcharge is a non-profit-making component of professional income which can be valued at the performance of a service of exceptional quality or scope. The decision to grant, amend or withdraw a personal supplement shall be justified in writing. ';
42. in Paragraph 122 (2), "40" is replaced by "60."
43.In Paragraph 122 (3), "80" is replaced by "100."
44. in Paragraph 124 (4):
"(4) A special reserve member shall be entitled to a service allowance according to the activity carried out by him in that advance. ';
45. in Article 124 (5), the words "equal to the average service income" shall be deleted;
46. In Paragraph 124, the final part of the provisions of paragraph 5 reads as follows:
"If the sickness benefit is reduced by half under special legislation, the member shall be entitled to a service allowance equal to half of the service income from the onset of incapacity for service. The period for the provision of professional income shall be counted towards supports62). '.
47. in Paragraph 124 (6), the sentence "This income shall also be payable to a member who is exempt from the service for the period referred to in paragraph 5 shall be inserted after the first sentence."
48. In Article 124 (8), the words "equal to the average service income 'are deleted.
49. In Section 124, paragraphs 10 and 11 are added, including footnotes 62a and 62b:
"(10) A member assigned to an advance who is posted to serve abroad shall be entitled to a service income according to the activity carried out for the duration of that advance, provided that he is not remunerated under an international contract or legislation issued on its basis 62a). If this remuneration is lower than the service income referred to in the first sentence, it shall be entitled to a supplement up to the amount of the service income.
(11) A member placed on an advance who is seconded as a national expert in the performance of his or her duties to the institutions of the European Union62b) shall be entitled to a service allowance according to the activity carried out during the period of inclusion in that advance.
62a) For example, Article 5 (2) and (4) of Council Joint Action (2002 / 210 / CFSP) of 11 March 2002 on the European Union Police Mission.
62b) For example, Council Decision 2003 / 479 / EC of 16 June 2003 concerning the rules applicable to national experts and military staff seconded to the General Secretariat of the Council. '
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Regulation Information
| Citation | Act No. 530 / 2005 Coll., amending Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps, as amended, Act No. 362 / 2003 Coll., on the amendment of the laws related to the adoption of the Act on the service ratio of members of the Security Corps, as amended, Act No. 586 / 1992 Coll., on Income Taxes, as amended, and Act No. 153 / 1994 Coll., on the Intelligence Services of the Czech Republic, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2005 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Health and safety at work
Customs law
Taxes
Finance
Power of executive and government authorities
Wages, salaries, wages, compensation
Compensation for damages under labour law
Compensation in labour law
Employment. Service relationship
Labour law
Administrative law
Government
Constitutional (state) law
Eligibility for the pursuit of certain professions (activities)
The regulation text is for informational purposes only.
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