Decree No. 557 / 1992 Coll.
Decree of the Federal Ministry of Defence implementing certain provisions of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended
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Effective from 10.12.1992
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557
DECLARATION
Federal Ministry of Defence
of 20 November 1992
implementing certain provisions of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended
The Federal Ministry of Defence provides, pursuant to § 5 (2), § 10 (1), § 12c (3) in agreement with the Ministry of Health of the Czech Republic and the Ministry of Health of the Slovak Republic, § 29a (4) in cooperation with the Federal Ministry of Finance and under § 33d (7) of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended by Act No. 59 / 1969 Coll., Act No. 150 / 1969 Coll., Act No. 65 / 1978 Coll., Act No. 74 / 1990 Coll., Act No. 228 / 1991 Coll., Act No. 77 / 1992 Coll., and Act No. 226 / 1992 Coll. (hereinafter "Act '):
COMPETENT REQUIREMENTS FOR OVERVIEW OR EVALUATION
Article 5 (2) of the Act
The professional requirements for appointment or promotion to higher rank shall be those of military professional qualifications, seniority periods and the successful performance of the post for which higher rank is planned, while respecting the principles of military discipline.
Military professional qualifications
(1) Required military and professional qualifications of sub-officers in another service1) for promotion to rank
(a) the corporal on the next duty shall be provided with soldiers who have completed a subofficer's school or special course;
(b) officers in the next service have soldiers with secondary vocational training, (2) who have attended a subofficer's school or special course;
(c) the sergeant-in-chief in the next service shall have officers who have been assigned to the functions for which this rank is planned upon admission to the next service.
(2) The required military professional qualifications for appointment to the rank of sergeant shall be:
(a) graduates of military secondary vocational schools;
(b) graduates of battalion schools;
(c) students of military universities - general staff in the next service, 3) who are continuously achieving excellent and very good results in their studies, but first after successful completion of the 7th semester,
d) Graduates of courses for the preparation of ensigns;
(e) soldiers with full secondary or full secondary vocational training who have passed the battalion examinations and who have been assigned to the duties of an occupational soldier as planned for the battalion;
(f) petty officers admitted to another service who successfully perform the duties planned for the ensign and passed the enrollment examinations;
(g) graduates of sub-officers' schools or special courses who have been chosen to train for enrollment and have passed enrollment examinations.
(3) The required military and professional qualifications for appointment to the rank of Lieutenant
(a) graduates in the content of a comprehensive part of higher education, 4)
(b) graduates of officers' schools;
(c) basic duty soldiers - graduates from civil universities who, at the time of study, had completed military training and passed officers' examinations during the course of the basic service;
(d) graduate schools of advance officers;
(e) soldiers with full secondary or full secondary vocational training who, during the course of the basic service, have completed training for officers and have passed officer examinations;
(f) practitioners with full secondary or full secondary vocational training who successfully perform the duties planned for officers and have passed the officers' examinations.
(4) The required military professional qualifications for appointment or promotion to the rank of Lieutenant
(a) graduates of military universities;
(b) Ensign and Supporter of the provisions for the duties of officers who have completed a university other than military.
(5) The required military professional qualifications for appointment or promotion to the rank of lieutenant are awarded to graduates of six years of internal studies at the Military Medical Academy.
(6) Only officers with higher education have the required military qualifications for promotion to the rank of Major, Lieutenant Colonel and Colonel. For the promotion to the rank of major, this condition is fulfilled if the soldier concerned is a graduate of the content of a comprehensive part of the higher education.
Time of service in rank
(1) For enlisted officers and officers in military active duty, unless otherwise specified, the seniority period shall be:
| rotmistra | tři roky, | podporučíka | dva roky, |
| nadrotmistra | čtyři roky, | poručíka | dva roky, |
| podpraporčíka | čtyři roky, | nadporučíka | čtyři roky, |
| praporčíka | pět let, | kapitána | čtyři roky, |
| majora | pět let. |
(2) For enlisted officers and officers - executive flyers - unless otherwise stated below, the service period shall be:
| rotmistra | dva roky, | podporučíka | jeden rok, |
| nadrotmistra | tři roky, | poručíka | jeden rok, |
| podpraporčíka | tři roky, | nadporučíka | tři roky, |
| praporčíka | čtyři roky, | kapitána | tři roky, |
| majora | čtyři roky. |
(3) For sub-officers in another service1), unless otherwise specified below, the period of service in the rank of:
| desátníka | šest měsíců, |
| četaře | šest měsíců. |
(4) The period of service in the rank of Sergeant, Ensign, Lieutenant Colonel, Colonel and Generals is not fixed.
(5) The period of seniority shall be calculated from the date on which the appointment or promotion decisions are effective.
(6) The period of seniority does not count
(a) an exemption of more than one month if the decision to discharge has not been revoked;
(b) the exercise of custody if the prosecution has not been terminated or has not ended in a final exoneration judgment;
(c) the execution of an unconditional custodial sentence;
(d) leave without entitlement to formalities granted for a period exceeding one month;
(e) temporary incapacity to serve for sickness or accident in respect of which an occupational soldier is not entitled to sickness or sickness pay, 5)
(f) other maternity leave granted for more than one month;
(g) interruption of service of an occupational soldier pursuant to Paragraph 25 (2) of the Act.
SELECTION PROCEDURE
Article 10 (1) of the Law
Heading of functions covered by the selection procedure
On the basis of the selection procedure,
(a) the function of doctors and pharmacists, starting with the function of Chief of the Department of the Military Hospital, Deputy Chief of the Military Clinic and Military Spa Institute;
(b) the duties of members of the Military Secondary Schools Command and Education College, starting with that of Deputy Head of the School, 6)
(c) the function of directors of undertakings in the field of the Federal Ministry of Defence;
(d) the functions of directors of research and development sites under the responsibility of the Federal Ministry of Defence and their Deputy (s),
(e) the functions of scientific staff in the Department of the Federal Ministry of Defence for which scientific qualifications are planned;
(f) other management functions provided for by the Minister of Defence of the Czech and Slovak Federal Republic under the provisions of § 10 (1) of the Second Law.
Announcement of a selection procedure
(1) The Defence Minister of the Czech and Slovak Federal Republic (hereinafter referred to as the "promoter") declares the selection procedure for the functions referred to in Section 8, if they are free or free within three months of the invitation to tender.
(2) The post becomes vacant if the professional soldier who performed it has been removed, died or has become missing, has been removed from rank or court, has been sentenced to a loss of military rank if he has been suspended from service under Paragraph 25 (2) of the Act or has been granted leave without entitlement to cash formalities for more than one year or has been suspended for the reasons set out in Section 10c (1) of the Act. The function shall also become vacant if another maternity leave is granted to the professional soldier for more than six months.
(3) The decision to award the selection procedure shall be published in such a way as to enable candidates to meet it. The decision shall include:
(a) the title of office, place of service and the performance of duties;
(b) qualification conditions for the performance of the function;
(c) the salary tariff and the rank that is planned for the function;
(d) the expected term of the term of office;
(e) a list of the documents which the tenderer is obliged to attach to the application,
(f) the address to which the application is sent for the selection procedure;
(g) the deadline for initiating the selection procedure;
(h) the time limit for receipt of an application which may not be less than one month before the start of the selection procedure.
Commission for the selection procedure
The applicant shall appoint a selection committee (hereinafter referred to as "the commission ') with an odd number of members, but not less than five. As a general rule, the chairman of the commission shall be a deputy commander whose mandate is to be appointed. The other members of the committee are in particular the leading experts in the relevant field and the psychologist.
Duration of the selection procedure
(1) The Commission shall evaluate the documents submitted by the tenderer. Candidates who do not meet the conditions of the selection procedure shall communicate in writing which conditions they have not met and return the documents submitted to them. If the Commission finds in the documents submitted by the tenderer that the deficiencies can be remedied, it may grant it a reasonable period of time before the opening of the selection procedure. Candidates meeting the conditions of the selection procedure shall be notified in writing to the Commission without undue delay that they have been included in the selection procedure and shall at the same time invite them to an interview.
(2) In the context of the selection procedure, candidates may be awarded written processing of a brief thematic task within a specified time or otherwise to establish their readiness to perform their duties.
(3) On the basis of the evaluation of the results of the selection procedure and the evaluation of each tenderer, the Commission shall decide which tenderers are able to carry out the filled function and shall determine the order of the candidates. The order shall be determined by voting. The draft order shall be adopted if the majority of the members of the committee vote for it. The order laid down by the Commission shall not give rise to entitlement to the provision of office.
(4) The President of the Commission shall, within seven days of the end of the selection procedure, inform the commander of the results of the selection procedure, who shall decide on the appointment and shall inform the tenderers in writing whether or not they have been selected for the appointment.
TRAINING AND DIFFICULT HEALTH SERVICES
Article 12c (3) of the Law
The service of soldiers who:
(a) are exposed to significant adverse effects of ionising radiation in the course of their employment;
(b) are exposed to a direct risk of infection when they are employed in the workplace;
(c) perform jobs as divers at increased pressure in suits or perform kesonage work in compressed air in chambers of work;
(d) are exposed to an equivalent noise level exceeding 85 dB (A);
(e) work with harmful biological and chemical substances, dangerous fumes, poisons, drugs, carcinogenic substances, hazardous organic solvents and chemicals of unknown origin and unknown effects;
(f) engage as pyrotechnicians or carry out other pyrotechnic works;
(g) they shall be classified as executive and on-board aircraft personnel;
(h) are exposed to high and very high frequency of electromagnetic radiation (part of the frequency spectrum of electromagnetic waves limited by limits of 100 MHz to 300 000 MHz, corresponding to a wavelength of 3 m to 1 mm) in the regular performance of the tasks arising from their professional classification;
(i) are exposed to excessive harmful effects in places designated by the authorities of the military sanitary and anti-epidemic service.
A service where soldiers are exposed to significant adverse effects on ionising radiation is:
a) service in the open radiator environment at the workplaces of category II and III according to the applicable Czechoslovak state standard, 7)
(b) service for X-ray equipment (except for soldiers operating exclusively in fixed skiagings and technical X-ray equipment whose shielding corresponds to the shielding of rooms for workers who are not professionally exposed to ionising radiation), in particular:
1. Auxiliary health care professionals in the holding of sick incapacitated movement and soldiers in veterinary establishments in the holding of animals in X-ray examinations in cases where fixation equipment cannot be used and such performance with X-ray devices in veterinary facilities which cannot be carried out in special rooms;
2. in research on the prototypes of electron beam devices with an energy of 50 KeV or more, except for the operation of an electron microscope;
3. in the case of mobile technical X-ray devices for defectoscopy;
4. in the case of off-duty medical diagnostic and therapeutic X-ray apparatus, which may be performed exclusively from service stations whose shielding corresponds to shielding for workers who are not professionally exposed to ionizing radiation, if the service is performed on a monthly average of at least three hours per day;
(c) a service with radioactive radiators (with the exception of a job in remote control operating rooms whose shielding is consistent with shielding rooms for workers who are not professionally exposed to ionising radiation), in particular when using radioactive radiators to people for diagnostic and therapeutic reasons, when preparing these radiators for application and working with defectoscopic radiators.
The service at the workplace with infectious materials in which soldiers are exposed to a direct risk of infection is a job in which material containing pathogens or biological or other material suspected of being present is collected, processed and disposed of.
_
Article 29a (4) of the Law
Agreement on secondment to study
The agreement on secondment to study (hereinafter referred to as "the Agreement ') shall be concluded by the Head of the Unit in writing with each professional soldier to be sent at the expense of the Federal Ministry of Defence by the Minister of Defence of the Czech and Slovak Federal Republic or by an authority authorised by him to study for more than six months. The agreement is the basis for the decision on the secondment to study or, where appropriate, for the payment of tuition fees if required in advance by the school concerned.
(1) In addition to the requirements laid down in Section 29a (2) of the Act, the agreement shall specify the form of study, the school's seat or educational establishment, the year of commencement and duration of the study, the applicant's obligation to pay the cost of preparing it in the absence of an obligation to remain in the service of the professional soldier after completion of the study and the replacement of the tuition fees paid by the Federal Ministry of Defence for the study in advance, if the candidate does not take up the study without serious reason and the tuition fee or part thereof will not be reimbursed to the Federal Ministry of Defence.
(2) The decision on secondment to study shall be annulled if the tenderer does not take up studies for his own fault and without a proper apology.
Obligation to service
(1) The obligation to remain in the service of an occupational soldier after completion of his studies, which is part of the Agreement (hereinafter referred to as "the undertaking"), is laid down in:
(a) for internal studies for twice the duration of the study, for a maximum period of 10 years;
(b) in the case of studies at work, for a period of one times the duration of the study, for a maximum period of five years.
(2) Implementation of the undertaking takes place on the first day of the calendar month following completion of the study; If an earlier commitment has not been fulfilled, then after it has been fulfilled. The commitments shall be fulfilled in the order in which they were incurred. The period of study is only included in the performance of the previous commitment.
(3) The duration of the study is the period from the date of commencement of teaching at the school or educational establishment concerned until its completion (completion of the prescribed final examinations, exclusion or leaving the study).
(4) The duration of the study and the fulfilment of the undertaking shall be rounded up to the full calendar month. A period exceeding 15 days shall be considered as the whole calendar month, 15 days and less shall not be taken into account.
Compensation for non-compliance
(1) In order to compensate for the costs incurred in preparing a professional soldier sent to study, a study, including holidays and holidays, is required for each month in the event of failure to fulfil the obligation assumed,
(a) internal studies
1. higher education, postgraduate studies, 8) scientific aspirantries and other studies organised by higher education 9) 2000 Czech Republic;
2. in other cases 1500 CZK,
(b) when studying at work
1. higher education, postgraduate studies, 8) scientific aspirations and other studies organised by higher education 9) 500 Ccs;
2. in other cases 300 Cds.
(2) The department commander may, at the request of the debtor for reasons of special consideration, reduce the reimbursement of the costs referred to in paragraph 1 to half. In doing so, it shall take account, in particular, of the reasons for the failure to fulfil the undertaking and of the property and social circumstances of the debtor and his family.
(3) The reimbursement of the costs which the soldier of the profession is obliged to pay shall be determined from the total amount of the costs calculated in accordance with paragraph 1 and, where appropriate, reduced in accordance with paragraph 2, by the ratio of the outstanding commitment to the undertaking taken over.
Details of the course of service of professional soldiers sent to study
(1) Officers studying internally at higher education institutions, in postgraduate studies8) or internal scientific aspirantura who have expired during the course of their studies and are assessed at least well, are promoted to the next rank
(a) at the time of study, if the new rank corresponds to that planned for the post they had performed before starting the studies;
(b) after successful completion of the study, if the new rank corresponds to the grade planned for the post to which they are appointed after completion of the study.
(2) The officers referred to in paragraph 1 may be promoted to one degree higher than that planned for the post they performed before the beginning of the studies for continuous excellence in the study. They shall be promoted to this rank not earlier than the second year of study.
(3) Vocational soldiers studying internally at higher education institutions, in postgraduate studies8) or in an internal scientific aspirant who did not perform any duties before their secondment to study, shall, subject to the conditions laid down in paragraph 1, be promoted to one degree higher than that which they have.
(4) Ensign internal university students,
(a) which have expired during the course of their studies and are assessed at least well, shall be promoted to the next rank;
(b) who have consistently achieved excellent results in the study may be appointed to the rank of Lieutenant, but first after the third year.
(1) Professional soldiers sent to study in courses organised in schools, departments and facilities of the Czechoslovak army are evaluated at the end of the course in the form of a service characteristic. In particular, their study results and the level of readiness to perform the functions they have been assigned to the course shall be evaluated.
(2) Professional soldiers sent to study in military schools and to study scientific aspirantism in the Czechoslovak army training centres are evaluated after two years of study each time and at the end. They shall be evaluated taking into account the specificities of the military active service during the course of study. At the end of the evaluation, the position for which the graduate has the best qualifications immediately after completion of his studies (if any).
(3) The evaluation of studying soldiers from the profession referred to in the preceding paragraphs is carried out by their closest superior member of the Command and Education Corps.
(4) An appeal against the evaluation may be filed by the Rector-Commander of the Military College (Dean of the Faculty of Military Higher Education, Chief of Military High School, Chief of the Training Institute), who is entitled to make a final decision on this appeal.
(1) Vocational soldiers seconded to internal studies for more than one year shall be granted a full leave in order to use it up before entering the studies.
(2) Intra-university professional soldiers are normally granted regular leave between semesters and after the end of the school year (during summer holidays).
(3) Full leave is generally granted to students of internal studies immediately after completion of their studies.
(4) Professional soldiers sent to study abroad
(a) for a period of less than one year, full leave shall be granted after the completion of the studies;
(b) for a period of more than one year, full leave shall be granted within the period provided for in the Interstate Agreement on the basis of which they were seconded to study.
A study leave of 15 days shall be granted for the preparation and conduct of recruitment tests for professional soldiers.
(1) Occupation leave shall be granted to professional practitioners in secondary schools in the
(a) three hours a week to study;
(b) three days in each school year to prepare and carry out tests;
(c) a set-up curriculum for each school year for participation in study centres (laboratory and practical exercises and consultations, if they are part of the curriculum);
(d) 20 days for preparation for and execution of the graduation exam.
(2) Vocational soldiers studying in higher education are granted a sabbatical within the
(a) 14 days in each school year;
(b) set out in the curriculum for each school year to participate in study centres (laboratory and practical exercises and consultations, if they are part of the curriculum);
(c) three days to prepare and carry out each test;
(d) 80 days to prepare and carry out a state examination.
(3) Vocational soldiers who study at work in courses (in post-graduate studies, specialisation studies at higher schools9), etc.) are granted a study leave in the scope of:
(a) a set-up curriculum for each school year for participation in study centres (laboratory and practical exercises and consultations, if they are part of the curriculum);
(b) three days to prepare and carry out each test;
(c) 20 days for processing and defending the final work.
(4
(a) a set-up curriculum for each school year for participation in study centres (laboratory and practical exercises and consultations, if they are part of the curriculum);
(b) three days to prepare and carry out each test;
(c) 40 days for the defence of dissertation, preparation and performance of the rigory test.
(5) To the extent provided for in paragraph 4, study leave shall also be granted to professional soldiers studying external aspirations.
(1) Lonely professional soldiers who care for at least one child under 15 years of age and who are entitled to leave under Paragraph 19 are extended by five days' leave of study in each school year.
(2) The study leave provided for the number of hours per week may be taken at the same time, in agreement with the superior, over a maximum period of four weeks. The study leave determined by the number of days shall be drawn on working days.
(3) Study leave can only be taken in the relevant school year. Only study leave for the preparation and completion of examinations may be transferred to another school year.
(4) The study leave shall not be granted for preparation for the repair test.
(5) The training leave is interrupted by the temporary incompetence of a professional soldier to serve for sickness or injury. If the temporary incapacity to serve lasts for more than four weeks, the professional soldier shall be entitled to a study leave set by the number of hours per week but not more than four weeks.
(6) The study leave laid down in the number of hours per week shall not be for an occupational soldier for the duration of a proper holiday.
Paragraph 15 to 20 shall not apply to professional soldiers studying in schools under § 29a (3) of the Act.
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Regulation Information
| Citation | Decree of the Federal Ministry of Defence No. 557 / 1992 Coll., implementing certain provisions of Act No. 76 / 1959 Coll., on certain service ratios of soldiers, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.12.1992 |
|---|---|
| Effective from | 10.12.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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