Decree No. 54 / 1977 Coll.
Decree of the Czechoslovak Academy of Sciences, which regulates certain details of the professional relations of participants in scientific education and study visits and the provision of scholarships
Valid
Effective from 01.10.1977
Contents
54
DECLARATION
Czechoslovak Academy of Sciences
of 9 September 1977
adjusting certain details of the employment relations of participants in scientific education and study visits and the provision of scholarships
The Czechoslovak Academy of Sciences, in agreement with the Federal Ministry of Labour and Social Affairs and with the Central Council of Trade Unions, provides, pursuant to § 52 paragraphs 1 and 2 of Act No. 39 / 1977 Coll., on the Education of New Scientists and on the Further Improvement of Qualification of Scientists ("the Act '):
INTERNAL SCIENTIFIC ASPIRANCE
(1) An organisation to which a worker admitted to an internal scientific aspiration (hereinafter referred to as "internal aspiration") is still in an employment relationship, in a working relationship resulting from a membership relationship with a single agricultural cooperative or with a production cooperative, or in another similar relationship (hereinafter referred to as "employment relationship"), shall, at his request, extend the employment relationship with him by an agreement on the date preceding the date of establishment of the internal aspiration (Section 20 of the Law).
(2) An internal scientific aspirant (hereinafter referred to as "internal aspirant") is not in employment with a training centre (Section 14 (3) of the Act) or with a parent (Section 20 of the Act) and must not be in employment with or with any other organisation.
(1) The employment relationship between the internal aspirant and the training centre is governed by the Labour Code and other labour law, except for the following provisions:
(a) Articles 27 to 47, 49 to 60, 65 to 71, 74 and 75, 96 to 99a, 111 to 119, 122 and 123, 129, 137, 142 to 144, 147, 155, 163 to 168, 227 and 227a, 267 to 269 of the Labour Code; Paragraph 61 to 64 of the Labour Code shall apply mutatis mutandis,
(b) Sections 1, 3, 6, 15, 35, 39, 40 paragraphs 2 and 3 and 47 paragraph 2 of the Decree of the Government of the Czechoslovak Socialist Republic No 223 / 1988 Coll., implementing the Labour Code, as amended.
(2) The following derogations shall apply to employment relations between the internal aspirant and the training centre:
(a) instead of compensation for the salary for the holidays, for the unpaid leave, for work leave and for the holidays, the internal aspirant shall be entitled to a scholarship;
(b) in the record of the employment relationship under the provisions of § 1-3 of the Czechoslovak Socialist Government Decree No. 54 / 1975 Coll. the internal aspirant's identity card shall indicate that it is an internal aspirant;
(c) in the case of an internal aspirant who has suffered an accident at work or an occupational disease at the time of the internal aspirant, after the completion of the internal aspirant, the average earnings before the occurrence of damage caused by an accident at work or an occupational disease shall be considered as the average earnings achieved by qualified professional workers for whom the internal aspirant was preparing.
(1) The internal aspirant is entitled for the duration of the internal aspirant scholarship, which is assessed as wages. The scholarship shall not be lower than the minimum wage of workers in employment remunerated by monthly salary. 15)
(2) An internal aspirant shall be awarded a scholarship of up to 4,500 Kčs per month to the head of the training centre upon acceptance. In doing so, it shall take into account, in particular, the results achieved, the location in the competitions of the student scientific and professional activity, the usability of previous professional experience (including study stay) and the result of the entrance examination.
(3) The level of the scholarship in the course of the internal aspiration shall be recognised by the head of the training centre, on a proposal from the instructor, according to the results obtained by the internal aspirant, taking into account in particular the performance of the study plan, the results of participation in scientific research, publication and reporting activities and other professional activities.
(4) An internal aspirant may be awarded a remuneration by the head of the training centre, on the basis of a proposal from the instructor, similar to that of workers in employment to the extent and under the conditions laid down in the generally binding wage regulation. 16)
(5) The scholarship will be increased by an amount corresponding to the allowance payable to workers in employment, provided that the internal aspirant performs his or her duties under the same conditions, to an internal aspirant who performs the duties in a scientific education in a harmful environment. 13)
(6) An internal aspirant to whom reimbursement of expenses under the relevant regulations is granted by the Czechoslovak organisation during the period of secondment, 14) or by a foreign organisation, the equivalent of such compensation under an agreement on non-foreign exchange-free treatment, should belong to a scholarship determined unchanged.
(7) An internal aspirant sent to study abroad will be adjusted to the scholarship paid in the Czechoslovak Socialist Republic according to the principles applicable to workers in employment who increase their qualifications abroad. In cases where the internal aspirant is granted compensation for a scholarship in the Czechoslovak Socialist Republic and in cases where it is granted the average part of the scholarship in the Czechoslovak Socialist Republic due to its personal and family circumstances, it shall form the basis for calculating the compensation and for calculating the proportion of the scholarship paid immediately prior to posting abroad, without any increase in accordance with paragraph 5. In individual justified cases where hardness would arise or arise in the implementation of the provisions of this paragraph, the authority referred to in paragraphs 1 and 2 of Section 44 of the Act may, on a proposal from the competent head of the training centre and after consultation with the Federal Ministry of Finance or the Ministry of Finance, Prices and Wages of the Republic, authorise an exemption from the provisions of this paragraph.
The sickness insurance and pension insurance of internal aspirants are governed by special regulation.3)
ACCOUNTING SCIENTIFIC ASPIRANTURE
(1) Before sending a worker to a special-purpose scientific aspiration (hereinafter referred to as "special-purpose aspiration"), the maternity centre shall conclude an agreement with him under Section 143 of the Labour Code.
(2) For the duration of the special-purpose aspiration, the maternity centre shall provide the special-purpose scientific aspirant with work leave and scholarship.
(3) The scholarship is to be determined at the rate of the average earnings, 4) recorded on the date preceding the creation of the special-purpose aspiration. 5) Where, in the relevant period, the purposeful scientific aspirant was in line with wage rules or, under a collective agreement, shares in economic results or annual remuneration provided to managers, such amounts shall also be included in the gross earnings.
(4) Paragraph 2 shall apply mutatis mutandis to employment relationships between the purpose scientific aspirant and the training centre, with the exception that the purpose aspirant is not recorded in the identity card.
(5) A parent or training centre does not include special-purpose scientific aspirants in the number of employees and does not show them in that number.
(6) The training centre will conclude an agreement with the maternity centre to ensure the special purpose aspiration of the hired worker. The Agreement shall specify in particular:
(a) a research topic to be addressed by the special purpose aspirant, or details of its solution;
(b) the date on which the special-purpose aspiration is established;
(c) the duration of the special-purpose aspiration period determined;
(d) where appropriate, also who will ensure that the special purpose scientific aspirant is accommodated;
e) other important conditions such as material security of the special purpose aspirant, necessary capacity in workshops, computer centres, etc., which are committed to providing a parent workplace, or sending a special purpose scientific aspirant during the special purpose aspirant to study visits to a workplace in the Czechoslovak Socialist Republic or abroad.
(7) The accommodation to be provided to the purpose scientific aspirant, if any, is free of charge. The amount of accommodation costs shall not be included in the basis for taxing his scholarship.
EXTERNAL SCIENTIFIC ASPIRANTURE
(1) When determining the tasks of an external scientific aspirant, the maternity centre shall take account of its tasks in an external scientific aspirant.
(2) In order to carry out the necessary experimental or other studies and to carry out the prescribed tests, the maternity centre will provide the external scientific aspirant with 30 working days' pay compensation for each year of external scientific aspiration. The deadline for taking this leave is proposed by the instructor of the external scientific aspirant. Employment leave with salary compensation not exhausted by an external scientific aspirant may not be granted in the following year of the duration of the external scientific aspirant. On the recommendation of the trainer, the maternity centre may, as far as possible, provide the external scientific aspirant with additional leave without compensation of wages.
SCIENTIFIC ASPIRANTER OF TRAINING WORKERS
Participants in the scientific aspiration of training staff shall perform all the tasks arising from this form of scientific education as one of their basic duties at the training centre, which shall take into account when determining the tasks of such staff.
STUDY STAFF
Study stays in preparation for scientific education
(1) If a university graduate accepted by a training centre for a study stay in preparation for scientific education (Section 32 (1) of the Act) is in employment with another organisation, that organisation shall, at his request, grant him an agreement on the day before the date of taking up that study stay.
(2) The head of the training centre will grant participants study visits in preparation for scientific education (Section 32 (1) of Act No. 39 / 1977 Coll., on the Education of New Scientists and Further Improvement of the Qualification of Scientists) a scholarship of up to 4,200 CZK per month during the study stay.
(3) Graduates of higher education accepted as part of the preparation for scientific education immediately after the completion of their studies will be awarded a scholarship to the head of the training centre for the first six months of their stay within the limits of the starting salaries of university graduates; taking into account the study results achieved, the placement in competitions of student scientific and professional activity, the usability of previous practice, the results of the admission procedure and professional practice.
(4) Where a participant in a study stay in preparation for scientific education at the time of admission to that study stay was in employment with another organisation, the training centre shall grant him a scholarship equivalent to that provided for in paragraph 2, up to a maximum of 4 200 CZK per month.
(5) Adjustments to the scholarship during the course of the study stay in preparation for scientific education within the range set out in paragraph 2 shall be granted by the head of the training centre according to the results achieved by the participant in the study stay; taking into account, in particular, the implementation of the study plan, the results of participation in scientific research, publication and feedback activities and professional practice.
Study stays of external scientific aspirants and workers outside organized scientific education
(1) The employment relationship of external scientific aspirants and staff preparing to obtain a scientific degree outside organised scientific education (Section 32 (2) of the Act) lasts for the duration of the study stay. The organisation to which they are engaged shall provide them with leave and a scholarship during this study stay.
(2) The level of the scholarship shall be determined by the organisations for which the staff admitted to study under Section 32 (2) of the Act are employed, as provided for in Section 5 (3) (8).
(3) The accommodation to be provided if necessary at the time of study of the worker shall be provided free of charge. The amount of accommodation costs shall not be included in the basis for taxing his scholarship.
COMMON AND FINAL PROVISIONS
Candidates who have been invited to an entrance examination for one of the forms of scientific education or for an interview for a study stay shall be provided with a maximum of three working days by the organisation for which they are working.
This Decree shall take effect on 1 October 1977.
Chairman:
academic Kožešník v. r.
3) Inpatient insurance of internal aspirants is governed by Decree No. 102 / 1957 Ú. l. Pension security of internal aspirants is governed by Act No. 121 / 1975 Coll. and Section 62 of Decree No. 128 / 1975 Coll.
4) In particular § 275 of the Labour Code, § 30-33 of the Decree of the Government of the Czechoslovak Socialist Republic No. 54 / 1975 Coll. and Decree No. 112 / 1975 Coll.
5) The scholarship provided to the purposeful scientific aspirant shall be subject to the nature of the compensation and its total amount shall be subject to the payroll tax pursuant to the provisions of Paragraph 2 (1) (a) of Decree No 161 / 1976 Coll.
8) The scholarship provided during the course of the course of the study is subject to compensation of the salary and its total amount is subject to payroll tax pursuant to the provisions of § 2 (1) (a) of Decree No 161 / 1976 Coll.
13) FMPSV Directive of 29.12.1984 No 51-13824-3115, 281284 for the evaluation and remuneration of the difficult and harmful working environment in budgetary and contribution organisations (reg. 7 / 1985 Coll.).
14) For example FMPSV Decree No. 33 / 1984 Coll., on Travel Refunds, as amended by Decree No. 81 / 1988 Coll.
15) Paragraph 2 (1) (b) of Decree of the Government of the Czech and Slovak Federal Republic No. 53 / 1992 Coll., on minimum wage.
16) Act No. 143 / 1992 Coll., on the salary and remuneration for on-call duty in the Budget and in certain other organisations and bodies, and the provisions issued for its implementation.
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Regulation Information
| Citation | Decree of the Czechoslovak Academy of Sciences No. 54 / 1977 Coll., which regulates certain details of the professional relations of participants in scientific education and study visits and the provision of scholarships |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.1977 |
|---|---|
| Effective from | 01.10.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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