Act No. 64 / 1948 Coll.
Law on the transfer of contract staff (workers) to a regulated service and certain amendments thereto
Valid
Effective from 01.01.1948
64.
Law
of 18 March 1948
on the transfer of contract staff (workers) to a regulated service and certain amendments thereto.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) Contract staff and workers who are in the service of the State or of the bundles of territorial self-government, their or their administered institutes, undertakings, funds and facilities, or general public hospitals and school communities (deprivation) shall be transferred to a regulated service, provided that they are no longer legally provided for in this Act.
(2) A regulated service relationship under this Act means a service relationship in which salaries and procedures are governed by a salary law or by a teaching act or by government regulations, following the provisions of the Staff Regulations, issued pursuant to the provisions of Paragraph 210, paragraph 1 of the Staff Act, or, as regards staff of local and local authorities' unions, general public hospitals and school communities (deprivation), general arrangements similar to those laid down therein.
(3) The provisions of this law shall not apply to employees of national undertakings, their central and regional authorities, or to employees of property confiscated under the relevant provisions, unless they have been explicitly transferred to the services of one of the employers referred to in paragraph 1.
(1) The condition for transferring to a regulated service is:
1. at least one year of uninterrupted full-time service in relation to the contract staff member or worker with the employers referred to in Paragraph 1 (1), prior to the day on which they are transferred in full-time work on tasks of a permanent nature which are normally provided by staff members on a regulated service relationship,
2. the fulfilment of all the general conditions and, unless otherwise specified, any special conditions prescribed for the provision in the proportion to which the staff member is to be assigned after transfer (§ 3);
3. national and national reliability; and
4. successful performance of the aptitude test.
The performance of military service shall not interrupt the prescribed one-year service.
(2) The central competent authority shall decide which tasks may be considered to be of a lasting nature, normally provided by staff members in a regulated service relationship, in agreement with the Ministry of the Interior, Finance and Social Welfare and with the Supreme Audit Office and, failing that, the Government.
(3) No 1 shall be required for contract staff and workers who have entered the employment relationship referred to in paragraph 1 before the upper limit of the age laid down for admission has been completed and remain in that proportion without interruption.
(4) Eligibility tests shall be carried out in accordance with the test rules issued by the competent central authority in agreement with the Ministry of Interior and, if they contain provisions on compensation for service expenses, in agreement with the Ministry of Finance. The competent central authority may specify in an agreement with the Ministry of the Interior in which fields of service and in which cases the eligibility test may be waived in general, taking into account the availability of the proficiency test. In the field of self-administration, this authorisation to waive the eligibility test is for the competent national committee in Slovakia.
(5) Transfers under this Act shall not give rise to a change in the current employment use.
(1) The contract staff member (worker) shall be transferred in the relevant field of public service to a service in the employment category (group), corresponding to his prior education or training and his last service use. The composition of the transferred staff and the related issues shall be regulated by the Government for the field of public service and for the field of self-administration by the competent Ministry. In doing so, classification shall be determined as if the transferred staff member had been in the employment category (s) corresponding to his prior education or training and his last service usage had already been established in the relevant initial regulated service relationship since the date on which he fulfilled all the legal conditions for that provision and had been performing and uninterrupted in the current contract (s) employment ratio corresponding to the work of the relevant employment category (s). If, in view of the length of the previous public service contract and the fulfilment of all other conditions for appointment, the provisions in the places in which the public service is reserved to the government or the President of the Republic are fulfilled, classification in that place may only be granted by the appointing authority.
(2) If, in accordance with existing rules, an assignment to be received by a staff member seeking a transfer is to be obtained only after successful performance of the establishment or other test, the transfer may take place only after the successful performance of this test, with effect from the date on which the other prescribed conditions have been met. This examination shall be carried out by the staff member no later than one year after the date of filing of the transfer application (Section 4). The staff member shall be allowed to perform this test according to the relevant test rules, even if he does not comply with the conditions laid down for admission to the test. The successful performance of this test replaces the aptitude test.
The transfer to a regulated service shall only be made to an unregistered application of a contract staff member (worker) who is submitted to the competent service office no later than 60 days after the publication of the law, if within 60 days of the expiry of the one-year uninterrupted service in relation to the contract staff member or worker with the employers referred to in § 1, paragraph 1.
(1) Where, pursuant to the Government Regulations or Staff Regulations, issued pursuant to Paragraph 210 (1) of the Salary Act, or to similar collective arrangements applicable to employees of self-governing corporations referred to in Section 1, an employment relationship can be compared to the service relationship of final employees in an unenforceable service relationship only on condition of uninterrupted satisfactory service periods spent in the auxiliary service relationship, that condition shall be deemed to have been fulfilled by the expiry of a one-year service.
(2) The period during which the staff member's employment in the preparatory (previous) service may be cancelled in the light of the Panel's assessment is reduced to one year.
(3) The one-year service referred to in paragraph 1 and the one-year period referred to in paragraph 2 shall include the full service referred to in paragraphs 2, 1, 1 and, for staff in the office support service, the period of service actually spent in the characteristics of a fully employed office assistant.
(4) The service salary of all staff members in the employment arrangements provided for in paragraph 1 shall be paid in advance on a monthly basis.
(5) Paragraph 1 to 3 shall apply mutatis mutandis to cases covered by Article 69 of the Decree of 17 July 1928, No 133 Coll., on the regulation of the service and pay ratios of the lower bodies of road, bridge and water, in the field of the Ministry of Public Works. The provisions which allow termination of service of termination of service of staff in service under Part One of this Regulation shall cease to apply.
(6) Auxiliary staff of Czechoslovak State Railways are compulsory members of the pension fund of Czechoslovak State Railways from the date of the provision in proportion to the auxiliary staff. The period of service actually spent in the service of the Czechoslovak State Railways is fully attributable for the purposes of pension provision, provided that it has been assessed for the payment procedure.
This law is without prejudice to the right of the competent authorities (s) to appoint a contract staff member (s) in a regulated service relationship without fulfilling the conditions laid down in Sections 2 and 3 for transfer and inclusion.
This Law shall take effect on 1 January 1948; it shall be carried out by all members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Broad v. r.
Laušman v. r.
Zaporocký v. r.
Dr Clementis v. r.
Maj-Gen Svoboda v. r.
Dr. Ševčík v. r.
Dr Gregor v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr. Unedible v. r.
Dr Cap v. r.
Kopecký v. r.
Fierlinger v. r.
Děuriš v. r.
Krajčir v. r.
Petr v. r.
Dr. Ing.
Dr Neuman v. r.
Erban v. r.
Plojhar v. r.
Ing. Jankovcová v. r.
Dr. Šrobár v. r.
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Regulation Information
| Citation | Act No. 64 / 1948 Coll., on the Transfer of Contract Workers (Workers) to a regulated service and on certain amendments thereto |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.04.1948 |
|---|---|
| Effective from | 01.01.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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