Decree No. 54 / 2005 Coll.
Decree on the formalities for the bankruptcy proceedings and the bankruptcy committees
Valid
Effective from 04.02.2005
54
DECLARATION
of 26 January 2005
on the formalities for the bankruptcy proceedings and the bankruptcy committees
The Ministry of Education, Youth and Sports provides, pursuant to § 166 (3) of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act):
Establishment and composition of bankruptcy committees
(1) The President and the other members of the bankruptcy committee (hereinafter referred to as the "Commission") for the assessment of candidates for appointment to the Head of the Head of the School Legal Entity or to the Director of a Contributory Organisation operating in a School or a School Facility (hereinafter referred to as the "Legal Person operating in a School") shall be appointed no later than 30 days before the bankruptcy is carried out by the founder of the School's legal entity (hereinafter referred to as the "Director") for which the bankruptcy proceedings are held.
(2) The function of Secretary of the Commission, which organises and administratively ensures the proceedings of the Commission, is carried out by a natural person appointed by the founder. The Secretary is not a member of the committee.
(3) If a member of the commission ceases to perform his duties, the founder shall withdraw it and appoint a new member of the commission.
(1) In the event of bankruptcy proceedings, members of the Commission are appointed as head of a legal person operating in a school established by the Ministry of Education, Youth and Sports ("the Ministry"):
(a) two members designated by the founder;
(b) 2 members who are experts in the field of public administration, organisation and management in education by type and type of school or school establishment, HR or psychologist, designated by the Czech school inspection,
(c) (1) a member who is a pedagogical worker (2) of the relevant legal person operating the school, designated by secret choice of the pedagogical board, in which he obtains an absolute majority of the votes of all the members of the teaching board present; in the case of a legal person engaged only in the activity of a school establishment, 1 member who is a teaching staff member of that legal person designated by secret choice of all teaching staff of that legal person, in which he obtains an absolute majority of the votes of all teaching staff present;
(d) 1 member of the School Inspector of the Czech School Inspection, and
(e) 1 member who is an adult member of the school countries3) elected by the student electorate designated by the selection of the school board, if established; if only one adult member is elected as a student voter to the school board, that member shall be deemed to be designated; if no member of the school board elected by the student electorate is of an age, the school board shall appoint a member of the commission by the choice of the adult persons proposed by the minor members of the school board; any minor member of the school board may propose one person; if the minor is the only representative of the student electorate on the school board, the person proposed by him shall be considered as designated.
(2) The following are appointed members of the Commission in the event of bankruptcy proceedings for the head of a legal person operating in a school established by the countries4):
(a) two members designated by the founder;
(b) 1 Member designated by the Regional Office;
(c) 2 members who are experts in the field of public administration, organisation and management in education by type and type of school or school establishment, HR or psychologist, designated by the Czech school inspection,
(d) 1 member who is a pedagogical worker (2) of the relevant legal person engaged in the school, designated by secret choice of the pedagogical board, in which he obtains an absolute majority of the votes of all the members of the pedagogical board present; in the case of a legal person engaged only in the activity of a school establishment, 1 member who is a teaching staff member of that legal person designated by secret choice of all teaching staff of that legal person, in which he obtains an absolute majority of the votes of all teaching staff present;
(e) 1 member of the school inspector of the Czech School Inspection, and
(f) 1 member who is an adult member of the school countries3) elected by the student electorate, designated by the selection of the school board, if established; if only one adult member is elected as a student voter to the school board, that member shall be deemed to be designated; if no member of the school board elected by the student electorate is of an age, the school board shall appoint a member of the commission by the choice of the adult persons proposed by the minor members of the school board; any minor member of the school board may propose one person; if the minor is the only representative of the student electorate on the school board, the person proposed by him shall be considered as designated.
(3) In the event of bankruptcy proceedings, members of the Commission are appointed as head of a legal person engaged in the activities of a school established by a municipality or a voluntary association of citizens (4):
(a) two members designated by the founder;
(b) 1 Member designated by the Regional Office;
(c) 2 members who are experts in the field of public administration, organisation and management in education by type and type of school or school establishment, HR or psychologist, designated by the Czech school inspection,
(d) 1 member who is a pedagogical worker (2) of the relevant legal person engaged in the school, designated by secret choice of the pedagogical board, in which he obtains an absolute majority of the votes of all the members of the pedagogical board present; in the case of a legal person engaged only in the activity of a school establishment, 1 member who is a teaching staff member of that legal person designated by secret choice of all teaching staff of that legal person, in which he obtains an absolute majority of the votes of all teaching staff present;
(e) 1 member of the school inspector of the Czech School Inspection, and
(f) 1 member who is an adult member of the school countries3) elected by the student electorate, designated by the selection of the school board, if established; if only one adult member is elected as a student voter to the school board, that member shall be deemed to be designated; if no member of the school board elected by the student electorate is of an age, the school board shall appoint a member of the commission by the choice of the adult persons proposed by the minor members of the school board; any minor member of the school board may propose one person; if the minor is the only representative of the student electorate on the school board, the person proposed by him shall be considered as designated.
(4) In the case of a legal person pursuing only the activities of an educational establishment in which there are no teaching staff (2), the founder shall appoint another member of the board of staff of that legal person.
(5) In the case of a legal person engaged in the activity of a educational institution, the founder shall appoint a representative of the Ministry in addition to the members of the commission referred to in paragraphs 1, 2 or 3.
(6) The founder or, where appropriate, the committee may, with the agreement of the founder, invite other experts with an advisory vote who are not members of the committee to attend the meetings of the Commission if necessary.
(7) Appointment of a commission without a educations2) The relevant legal persons engaged in the activities of a school or other staff member under paragraph 4 may:
(a) for a legal person who only carries out the activity of a primary school, which does not have all the years (5) and in which all the pedagogical staff (2) apply for bankruptcy proceedings;
(b) in the case of a legal person who only carries out the activities of a parent or a school establishment in which all pedagogy workers (2) apply for bankruptcy proceedings;
(c) in the case of a newly established legal person engaged in school activities, or
(d) when the legal persons engaged in the school are merged or merged.
(8) The founder shall, in good time before the bankruptcy, request the Czech School Inspection Office, the Educational Council or the pedagogical staff of a legal person engaged only in the activities of the educational establishment, the School Council and, where appropriate, the Regional Office or the Ministry to appoint a member of the Commission. The pedagogical board, the pedagogical staff and the school board shall, in accordance with the first sentence, ask through the Director of the legal person concerned. Where the teaching board or the teaching staff of a legal person engaged only in the activity of a school establishment or a school board of a member of the Commission does not designate a teaching board or a designated member shall appoint a member of the board to whom the teaching staff of the relevant legal entity engaged in the activity of the school or any mature member of the school board shall be appointed by the principal.
Forms for the announcement of bankruptcy proceedings
(1) On an official record or by other means at the usual place, the processor shall notify:
(a) the title of the head of post and the name and address of the legal person operating the school;
(b) the conditions for carrying out the activities of the Director under another legislation;
(c) the name and address of the founder to which the applications are submitted,
(d) the content of the application and the date of its submission.
(2) The notice of the announcement of the bankruptcy procedure shall also include an indication that applicants may be evaluated on the basis of a staff selection instrument other than the managed interview referred to in Article 5 (1) ("supplementary evaluation '), if used in the bankruptcy, and a framework description thereof.
(1) The Commission shall take up its activities without delay after its appointment by the founder.
(2) The hearing of the committee is private.
(3) The Commission is in a position to act if at least five members of the Commission, including the President, are present.
(4 An application filed late and an application not complying with the requirements laid down in § 3 (1) (b) and (d) shall be returned by the President of the Commission to the tenderers without further discussion and stating the reason for the recovery. The applicant shall no longer participate in the insolvency proceedings.
(5) The Commission will send an invitation to the tenderer no later than 14 days before the date of the bankruptcy, indicating the place, date and hour of the bankruptcy, by registered consignment with a date of withdrawal, to the address communicated by the tenderer in the application or to the data box if the tenderer has indicated it in the application or to the e-mail address of the tenderer if the tenderer has indicated it in the application. The invitation to audition shall also include information on the content and course of the supplementary evaluation if used in the bankruptcy.
(1) The Commission assesses the suitability of the candidate for the performance of the activities of the Director on the basis of an application, a controlled interview focusing, in particular, on the pedagogical aspects of the work of the Director of the School, the pedagogical concept of the candidate, his ideas on the management of the teaching body, knowledge of trends in education and education, and the ability of conceptual work in the fields of education, education and education, and on the basis of supplementary evaluation, if used. The controlled interview takes at least 15 minutes and 60 minutes. After the management of the talks, the Commission shall request expert advice from experts invited under Article 2 (6).
(2) On the basis of the application, the managed interview and, where appropriate, the existing work results, in particular in the fields of education, youth and sports, the supplementary evaluation and the comments of the experts referred to in paragraph 1, the Commission shall decide on the suitability of the candidate. A suitable candidate shall be such as to obtain an absolute number of positive votes from the members of the Commission. In the event of a tie, the vote of the President of the Commission shall be decided.
(3) Where, pursuant to paragraph 2, the Commission has decided that two or more candidates are suitable for the performance of the activities of the Director, each member of the Commission shall, subsequently, draw up the order of those candidates from the most suitable to the least suitable tenderer. The order of candidates shall be forwarded by all members of the Commission to the chairman of the Commission.
(4) The President of the Commission shall, upon receipt of the ranking of the tenderers referred to in paragraph 3, with the participation of all members present, carry out the overall assessment of the bankruptcy in the manner referred to in paragraph 5 and shall determine the resulting ranking of the tenderers.
(5) The first shall be the candidate with the lowest number of seats in the order of each member of the Commission, with one best and one worst evaluation of each candidate not counted. In the event of equality of the lowest total of the placement of several candidates, the first tenderer in the order of the highest number of first seats shall become. If more than one candidate is evaluated in this way, the position of the candidate in the order of the President of the Commission shall be decisive. Similarly, the resulting ranking of other tenderers shall be determined.
(6) After evaluation of the bankruptcy, the President of the Commission shall, in the presence of the members of the Commission, notify the final ranking to the tenderers present without undue delay. Candidates shall also be informed by the President of the Commission of the final ranking in writing in accordance with Article 4 (5) within 7 days of the announcement of the final ranking. The resulting ranking of candidates shall be of a recommended nature for the organisers.
(1) The Secretary of the Commission shall draw up a minutes of the conduct of the insolvency proceedings, which shall include:
(a) the full text of the bankruptcy notice;
(b) the date and manner of the announcement of the bankruptcy procedure;
(c) the list of members of the Commission;
(d) the list of tenderers;
(e) the Commission's resolution on the suitability of the tenderer, indicating whether:
1. no tenderer is suitable for the performance of the activities of the Director;
2. one of the candidates is suitable for the performance of the activities of the Director; or
3. two or more candidates are suitable for the performance of the activities of the Director;
(f) the ranking of the candidates with each member of the Commission referred to in Article 5 (3) and the proof of the resulting ranking of the candidates referred to in Article 5 (4), for which the commission has decided on the basis of Article 5 (2) that they are suitable for the performance of the activities of the Director;
(g) information on the content and progress of the supplementary evaluation and its evaluation where used.
(2) The Secretary of the Commission shall, without undue delay, forward to the Director a minutes signed by all members of the Commission who were present at the bankruptcy. In the event of a refusal to sign a registration by a member of the Commission, the reason for the refusal shall be entered in the minutes.
Transitional and final provisions
The competitions announced before the decree becomes effective shall be completed in accordance with existing legislation.
Decree No. 72 / 2003 Coll., on the drawing up of bankruptcy committees and the rules of their activities in the bankruptcy proceedings for selected functions in the field of education is hereby repealed.
This decree shall take effect on the day of its publication.
Minister:
JUDr. Buzková v. r.
1) Article 8 (2) of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act).
2) § 2 of Act No. 563 / 2004 Coll., on pedagogic workers and on the amendment of certain laws.
3) Sections 167 and 168 of the Education Act.
4) Paragraph 8 (1) of the Education Act.
5) Paragraph 46 (2) of the Education Act.
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Regulation Information
| Citation | Decree No. 54 / 2005 Coll., on the requirements of bankruptcy proceedings and bankruptcy commissions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.02.2005 |
|---|---|
| Effective from | 04.02.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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