Government Decree No. 71 / 1950 Coll.
Regulation establishing the Conditions of Employment of Other Servants of the European Union
Valid
Effective from 01.04.1950
71.
Government Regulation
of 30 May 1950
laying down the Staff Regulations applicable to professional judges, prosecutors and pending judges.
The Government of the Czechoslovak Republic hereby orders, pursuant to Article 31 of Act No. 67 / 1950 Coll., on the working and pay ratios of professional judges, prosecutors and judicial candidates (the Judicial Act) (hereinafter referred to as "the Act"):
Initial provision.
(1) These Regulations apply to members of the judicial employment group (Section 2 of the Act).
(2) Where judges are referred to in these Rules of Procedure, this means, unless otherwise provided, all members of the judicial employment group.
Working classes.
The following working classes shall be determined for the classification of judges by type of work and their value:
| Pracovní třída | Druh práce |
|---|---|
| I | Práce soudcovských čekatelů |
| II | Práce soudců z povolání ustanovených u okresních a krajských soudů, práce pomocných soudců z povolání ustanovených u nejvyššího soudu nebo správního soudu |
| III | Práce prokurátorů ustanovených u okresních u krajských prokuratur, práce pomocných prokurátorů ustanovených u generální prokuratury |
| IV | Práce soudců z povolání ustanovených u státního soudu |
| V | Práce prokurátorů ustanovených u státní prokuratury |
| VI | Práce soudců z povolání ustanovených u nejvyššího soudu nebo správního soudu |
| VII | Práce prokurátorů ustanovených u generální prokuratury |
Basic salary.
(1) The amount of the basic salary shall be determined per working class as follows:
| Pracovní třída | Ve stupni | Při době započitatelné pro časový postup | Základní plat měsíčně Kčs | |
|---|---|---|---|---|
| I | 1. | do konce 1. roku | 4 370 | |
| 2. | do konce 2. roku | 4 770 | ||
| 3. | od počátku 3. roku | 5 160 | ||
| II/III | II | III | ||
| 1. | do konce 1. roku | 5 510 | 7 010 | |
| 2. | do konce 4. roku | 5 930 | 7 430 | |
| 3. | do konce 8. roku | 6 350 | 7 850 | |
| 4. | do konce 13. roku | 6 770 | 8 270 | |
| 5. | od počátku 14. roku | 7 190 | 8 690 | |
| IV/V | IV | V | ||
| 1. | do konce 3. roku | 9 000 | 11 000 | |
| 2. | do konce 6. roku | 10 000 | 12 000 | |
| 3. | od počátku 7. roku | 11 000 | 13 000 | |
| VI/VII | VI | VII | ||
| 1. | do konce 3. roku | 11 000 | 14 000 | |
| 2. | do konce 6. roku | 13 000 | 16 000 | |
| 3. | od počátku 7. roku | 15 000 | 18 000 | |
(2) The procedure for a higher step of the same working class is conditional on the successful outcome of the judicial examination.
(3) For the duration of that allocation, the basic salary may be increased by an amount equal to the difference between the basic salary payable to them and the basic salary which they would be entitled to if they were set on the spot with which the work to which they were assigned.
(1) For the time process, the time spent in the relevant or higher working class shall be taken into account, except for the
1. unexcused absence at work,
2. unpaid leave,
3. After which the judge was relieved of work, he would have been entitled to an unreduced basic salary during that period (Section 21 (3), second sentence and Section 4 of the Act).
(2) Working classes II and III are considered to be the same high working classes with regard to the provisions of paragraph 1. The same applies mutatis mutandis to working classes IV and V and to working classes VI and VII.
(3) The deductible period of time spent by the judge in Class I after the successful performance of the professional judicial examination shall be taken into account for the procedure in Classes II and III.
(4) Time spent in the working class means the period during which the Judge was assigned in the working class. The period for which the judge has been assigned to carry out the work assigned to the upper class shall be considered as the period spent in that higher grade.
(5) The Ministry of Justice may, where justified, authorise the netting of the period referred to in paragraph 1 (2).
(1) For working class time procedure I shall count the period of legal practice attributable to or credited to the admission to a professional trial which has been spent in another employee group or in another employment.
(2) Otherwise, the Ministry of Justice may take part in whole or in part for the procedure in the working classes. I to III the period actually spent after 18 years of age in another employment group or in another employment relationship or in a separate employment (profession), where the judge has performed during that period of work which is relevant for the use of the work of the judge, in which case he may exclude from counting the period normally required for obtaining the prescribed preliminary education (Section 4 (1) (2) of the Law).
(3) The netting referred to in paragraph 2 shall exclude periods which have been excluded from netting in another employee group or in another previous employment relationship for the purpose of increasing occupational income.
(1) For working class time procedure I to III count the time
1. military services in the Czechoslovak army, if they have not been extended (served) as a result of the execution of the sentence of freedom,
2. services in the Czechoslovak legions or spent in the characteristics of a national exemption struggle, to the extent that they were still eligible for an increase in the service (the corresponding salary) pursuant to Act No. 462 / 1919 Coll., on the lending of seats to legionaries, as amended by the Regulations changing them and supplementing them, or under Act No. 255 / 1946 Coll., on members of the Czechoslovak army abroad and on certain other participants in the national liberation struggle.
(2) Paragraph 1 (1) shall not apply to periods spent in relation to a military professional; the period spent in this proportion is assessed in accordance with Article 5 (2).
The Ministry of Justice may, for a time procedure in the working classes: I to III include, in whole or in part, the period of non-guilty unemployment or the period for which work has been made impossible for political, national or racial persecution, if they fall into the period after 18 years of age.
When a number of reasons for netting the same time for the time procedure are combined, the netting shall be made only for one, for the judge's most favourable reason.
(1) The basic salary is payable, unless the special provisions or other provisions of these Regulations provide otherwise, for the duration of the contract.
(2) The basic salary is not, unless otherwise specified, for a period of
1. unexcused absence at work,
2. unpaid leave,
3. inability to work for sickness or accident,
4. absence from work for pregnancy or maternity.
(3) If a judge cannot work for a disease or accident which he has not caused either intentionally or by gross negligence, he shall retain his right to a basic salary for 6 weeks. This period shall be extended by 2 weeks if the Judge is employed in the public service for at least 10 years on the day of the illness (accident) and another week for every 5 years of such employment.
(4) A Judge who, at the beginning of his absence from work for pregnancy or maternity, has been employed in the public service for at least 2 years shall retain the right to a basic salary for 6 weeks.
(5) In justified cases, the Ministry of Justice may authorise, under directives laid down by the Government, greater benefits than those resulting from the provisions of paragraphs 3 and 4.
(1) The right to a basic salary for the period of incapacity to work for sickness (accident) or for the period of absence of work for pregnancy or maternity resulting from the provisions of Paragraph 9 (3) and (4) shall continue, even if the employment of a judge ended earlier in accordance with Paragraph 13 (1) or (2) of the Act by means of a measure which occurred during the period after which he is entitled to the basic salary.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to a judge whose employment has been disbanded by notice.
Work allowances.
(1
| a) u okresních a krajských soudů | 500 Kčs, |
| b) u nejvyššího soudu | 1 000 Kčs. |
(2) For works which, due to their gravity, difficulty and responsibility, impose special requirements on professional judges and prosecutors, which have not already been taken into account in the classification of the work in question, an allowance of up to 4 000 CZK per month may be granted.
(3) The allowances referred to in paragraphs 1 and 2 may be granted only for as long as the Judge is in charge of the work justifying their declaration. The provisions of Sections 9 and 10 shall apply mutatis mutandis if the allowances have been granted.
(4) The allowances referred to in paragraphs 1 and 2 shall be granted in accordance with the Directives which the Prime Minister shall lay down as regards the Judges before the Administrative Court, as regards the other Judges in agreement with the Minister of Justice.
Functional additions.
(1) The following functional allowances shall be assigned to the judges responsible for administrative functions (Section 3 (1) of the Law) included in the labour force plan:
| Funkční stupeň | Funkce | Výše funkčního přídavku měsíčně Kčs |
|---|---|---|
| 1. | Předsedové okresních soudů do 7 soudcovských oddělení, okresní prokurátoři v sídlech okresních soudů do 7 soudcovských oddělení | 1 000 |
| 2. | Náměstkové předsedů okresního soudu civilního a okresního soudu trestního v Praze, náměstek okresního prokurátora v Praze | 2 000 |
| 3. | Předsedové okresních soudů s více než 7 soudcovskými odděleními (s výjimkou předsedů okresního soudu civilního a okresního soudu trestního v Praze), okresní prokurátoři v sídlech okresních soudů s více než 7 soudcovskými odděleními (s výjimkou okresního prokurátora v Praze), vedoucí pomocných soudcovských prací u nejvyššího soudu nebo správního soudu, vedoucí pomocných prokurátorských prací u generální prokuratury | 2 300 |
| 4. | Náměstkové předsedů krajských soudů, náměstkové krajských prokurátorů, přednosta presidia u nejvyššího soudu, správního soudu nebo generální prokuratury | 3 000 |
| 5. | Předsedové okresního soudu civilního a okresního soudu trestního v Praze, okresní prokurátor v Praze | 3 500 |
| 6. | Náměstkové předsedy státního soudu, náměstkové státního prokurátora, předsedové krajských soudů (s výjimkou předsedy krajského soudu v Praze), krajští prokurátoři (s výjimkou krajského prokurátora v Praze) | 4 000 |
| 7. | Náměstkové předsedy nejvyššího soudu nebo správního soudu, náměstkové generálního prokurátora | 5 000 |
| 8. | Předseda krajského soudu v Praze, krajský prokurátor v Praze | 6 000 |
| 9. | Předseda státního soudu, státní prokurátor | 7 000 |
| 10. | Předseda nejvyššího soudu nebo správního soudu, generální prokurátor | 8 000 |
(2) The term of office shall, unless otherwise provided for in the specific provisions, be as long as the Judge is responsible. Otherwise, the provisions of Sections 9 and 10 apply mutatis mutandis.
(3) If the conditions for granting more than one functional allowance are met by the same judge, he is responsible for only one addition and the highest.
(4) A Judge who, on order, represents an absent judge in charge of an administrative function or holds a provisionally vacant administrative post for more than a month shall be liable for compensation of the corresponding functional allowance for the duration of such duties. This compensation shall be reduced by the functional allowance due to it in the case of the latter.
(5) The replacement referred to in paragraph 4 shall be assessed in the same way as the functional addition.
Premiums and rewards.
(1) A premium shall be granted for higher labour costs, at the rate and under the conditions laid down in the premium order issued by the Government.
(2) Remuneration may be granted for improvement proposals whose implementation has been economically or otherwise improved, and for extraordinary performance and significant work merit. The government will issue further provisions on the provision of remuneration.
Replacement for emergency work.
Reimbursement may be granted in accordance with directives issued by the Government for a duty-free period over the working hours specified for the weekly period.
Child support.
(1) The provisions of Sections 3, 4, 7 and 8, 17 (1) and (2) and 19 (1) and (3) of Act No. 90 / 1949 Coll., concerning family allowances, as amended, apply mutatis mutandis. in the cases referred to in Section 19 (3) of that Act, the relevant measures are taken by the Ministry of Justice in agreement with the Ministry of Finance and Labour and Social Welfare.
(2) Child allowance
1. for the period during which the basic salary is payable,
2. for the periods referred to in Section 2 (3) of the Family Benefits Act.
(3) Children to whom it is granted under other regulations, in particular those relating to national insurance, education and childcare are not eligible.
(4) Entitlement to an allowance for children and any circumstance affecting the duration of the entitlement or the amount of that allowance must be duly notified and demonstrated in due time by the beneficiary, if any, by the conditions of the entitlement.
The creation and termination of the right to work income and the change in their scope.
(1) The entitlement to basic salary and functional allowances is incurred on the date on which the conditions laid down for the allocation of such income are met and shall cease, with the exception provided for in paragraph 3, on the last day of the month in which the conditions for entitlement to such revenue have lapsed. For the remainder of the month, the judge who has been entitled to such revenue on a day other than the first day of the month shall be entitled to a proportion of that revenue.
(2) Entitlement to other employment income (Sections 11, 13 and 14) is (expires) on the date on which the measure granting such income (withdrawn) took effect, unless otherwise specified therein.
(3) Where one of the factors which, pursuant to Article 9 to 12, exclude the right to the work income referred to in paragraph 1 or to the allowance for work is established, it shall be for the month in which such a fact arose or ceased to exist, a proportion of that income for the days preceding and following, unless specific provisions provide otherwise.
(4) Where it has been established that, under the rules in force, a change in the amount of the working income referred to in paragraph 1 is made, that revenue shall be due in a new period from the first day of the month following the day on which it occurred, and on the first day of the month from that date.
Administrative precipitation.
The State's claims arising from, or having regard to, the employment relationship may be reimbursed by administrative deductions from, and without regard to, the execution rules. Such claims shall be paid in front of all other and previously recorded claims, except for legal maintenance. More detailed regulations on the implementation of administrative haircuts shall be issued by the Ministry of Justice in agreement with the Ministry of Finance.
Complements and overpayments on employment income.
(1) Entitlement to income from employment, excluding child allowance, is limited unless otherwise provided for in the rules on the various types of income, within three years of their due date.
(2) Repayment of amounts of work income unduly paid (overpayments) may be requested only if the judge or the judge had known, or had had to assume, that they were amounts wrongly assessed or wrongly paid and no longer than three years have elapsed.
(3) Paragraph 11 (1) of the first sentence of the Act on Family Allowances applies mutatis mutandis to overpayments for child allowance. Overpayments may be deducted from the child allowance of the same beneficiary and, if the beneficiary is a judge, from his / her income. Otherwise, overpayments are enforced by judicial execution.
Transfer to new revenue.
Inclusion in working classes.
When transferred to the basic salary, the Judge shall be classified in the working class corresponding to the work linked to the place on which he was established on the date of the entry into force of these Regulations.
Determination of basic salary.
(1) The amount of the basic salary in the working class to which the Judge has been transferred shall be determined as follows:
1. judges assigned to working class VI or VII according to the notable period for which they have been appointed in the Supreme Court or Administrative Court or in the Prosecutor General's Office, excluding the time spent in the Secretariat of the Supreme Court or Administrative Court;
2. to judges in working class IV; or In accordance with the deductible period during which they were (were) assigned to the State Court or the State Prosecutor, to which also the period eligible under No 1 shall be added,
3. to judges in working class II or III, according to the total deductible period spent in relation to a professional judge or prosecutor, to which any additional period may be counted or counted to increase the basic service,
4. to judges in working class Even according to the total deductible period spent in the ratio of the judge to which the applicant's application shall be added any additional period attributable to Article 5 (1) or Article 6.
(2) To the Judges referred to in paragraph 1 (1) and (2), the Ministry of Justice may count, in whole or in part, for the purposes of determining the amount of the basic salary at the time of the transfer and for the subsequent time procedure, any other period which may be counted or counted to increase the basic service.
(3) The creditworthiness of the period spent before the date of entry into force of these Regulations shall be assessed in accordance with the rules in force on the day immediately preceding the date of entry into force of this Regulation.
(4) Where the reprovision of a Judge is made, account shall be taken of the period spent in the previous employment of the Judge before the date of the entry into force of these Rules of Procedure, in accordance with the same provisions as those laid down in paragraphs 1 and 2.
Functional additions.
Professional judges and prosecutors who, on the date of the entry into force of these Rules of Procedure, have performed, by virtue of their provision or by virtue of a special mandate, the function of the post as planned in the provisional establishment plan of the labour force shall be performed according to the functional degree to which this function is assigned.
Final provisions.
The time limits for entitlement to the basic salary provided for in paragraphs 3 and 4 of Paragraph 9 shall be calculated not earlier than the first day of the month following the publication of these Regulations. Until that date, the period of entitlement to work income shall be determined in the absence of work for sickness (accident) or for pregnancy (maternity) in accordance with the rules applicable (applicable) before the date of the entry into force of these Regulations. However, the total period may not exceed the period during which the service income was paid in accordance with the rules laid down in the preceding sentence.
Entitlements for the occupational income of judges called up to the service in charge shall be assessed by the date of the entry into force of Act No. 64 / 1950 Coll., on the social security of persons called up to the service in charge and of their family members, in accordance with the provisions in force (applicable) before the date of entry into force of these Regulations.
The jurisdiction reserved for the Ministry of Justice in these Rules of Procedure shall be exercised by its President for professional judges before the Administrative Court.
This Regulation shall enter into force on 1 April 1950. they shall be implemented by the Prime Minister and the Minister of Justice in agreement with the participating members of the Government.
Zaporocký v. r.
Dr Rais v. r.
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Regulation Information
| Citation | Decree of the Government No. 71 / 1950 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.06.1950 |
|---|---|
| Effective from | 01.04.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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