Decree No. 59 / 1945 Coll.
Decret of the President of the Republic repealing the appointment of public staff from the period of non-freedom
Valid
Effective from 01.09.1945
59.
Decret of the President of the Republic
of 20 August 1945
repealing the appointment of public staff from the period of non-freedom.
On the proposal of the Government and in agreement with the Slovak National Council, I establish:
(1) The measures which public servants have been appointed during the period of infreedom are hereby repealed from the date of their effectiveness.
(2) Appointment under this Decree means:
(a) the hire of a post systemised in a higher salary scale or in a group of post-service posts or in a higher seniority scale (promotion);
(b) appointment on the same higher-grade salary scale,
(c) the hire of a post organised outside the scales (groups),
d) Appointment of a university professor, award of veniae legends at universities (lectureship),
(e) first or again loan of a post in excess of the relevant lowest salary scale (Section 14 of the Law No. 103 / 1926 Coll. and similar provisions) or in a group of posts with a functional servant, first provision in the service relationship of a higher species than the rule;
f) Transfer to a higher service class (§ 18 of the Law No. 103 / 1926 Coll. and similar provisions),
(g) the transfer of an administrative official to a post with a higher post of service than would correspond to his current appointment in the salary scale (cf. § 152 of Law No. 103 / 1926 Coll.) and vice versa,
(h) the provisions of an official of an official of an official of an official of a third or IV service class, the provisions of a military, gentile or police officer outside the service class (s) by an officer, the provisions of an officer of an official of the fourth service class, the provisions of an assistant financial service officer of an executive of the fourth service class and similar provisions;
(ch) any reassignment of a staff member to a higher level of service, in particular the reassignment of a staff member in an individual contractual (temporary, temporary) relationship to a regulated private service or one of those service relationships to a pragmatic service;
(i) appointment as district or county school inspector,
(j) the granting of personal (functional) allowances at the place of appointment;
k) the grant of honorary titles,
(l) in the case of holders of public social insurance, the granting of a full-service upper class (scale), the reassignment to a higher seniority category, as well as any exceptional increase in the service salary outside the normal automatic procedure.
(3) If there is doubt as to whether the appointment is within the meaning of the preceding paragraphs, the competent central authority shall decide in agreement with the Ministry of Interior and the Ministry of Finance.
(1) The staff members whose appointments have been revoked shall be assessed as if the appointment had not taken place. in the cases referred to in Paragraph 1 (2) (e), as if they had been established on the relevant lowest salary scale as regards the lower previous service ratio.
(2) The same applies mutatis mutandis to staff members who have been transferred to the service or have left the service or died in active employment after appointment.
(1) In order to eliminate irregularities in the personal condition of public servants, staff members may be appointed retroactively, even if, in the meantime, staff members have been granted a post in another branch of service or have been transferred to another branch of service or have already been transferred to retirement after death.
(2) The powers of the personal offices of the repealed departments in matters of appointment under this decree concerning retired and deceased employees shall be exercised by the Ministry of Finance in respect of professional staff subordinate to the repealed central offices, the Regional Financial Directorate. In cases of doubt, the Ministry of Finance will decide in agreement with the Ministry of Interior.
Public servants within the meaning of this Decree shall mean employees:
(a) the State;
(b) the volumes of local government and other public law corporations and foundations;
(c) the institutes, undertakings, funds and establishments belonging to or managed by the bodies referred to in (a) and (b);
(d) for which the Law of 24 June 1926, No. 104 Coll. (Teaching Act) applies.
The provisions of this Decree do not apply to appointments made by the President of the Republic, the Czechoslovak Government and its institutions after 14 March 1939.
This Decision shall take effect on the day of 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.
Masaryk 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.
Lt-Gen Ferjenčík v. r.
Lichner v. r.
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Regulation Information
| Citation | Decree No. 59 / 1945 Coll., repealing the appointment of public staff from the period of infreedom |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.09.1945 |
|---|---|
| Effective from | 01.09.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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