Act No. 73 / 1990 Coll.
Civil Service Act
Valid
Effective from 14.03.1990
73
THE LAW
of 14 March 1990
on civil service
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
(1) The civil service is the public service of a citizen who is obliged under this law if religion or moral belief prevents him from performing military active service. 1)
(2) A citizen performs a civil service in the form of ancillary activities in organisations not interested in profit, in the fields of health, social, environmental, in the management of the consequences of natural disasters and in other public service activities, as defined by the Government of the Czechoslovak Socialist Republic.
(3) The civil service is half as long as the military operating service, instead of being performed.
(4) The action of civil service shall not confer unjustified advantages on the citizen who carries out it against those citizens who carry out military active duty.
ORGANISATION OF CIVIL SERVICES
(1) A citizen may, by written declaration, refuse the exercise of an active military service for the reasons set out in Paragraph 1 (1).
(2) The declaration shall be made by the district military administration, which shall forward it to the relevant national committee.
(3) By making a declaration, the citizen shall be relieved of his duty to carry out military active duty.
PERMISSION, ESTABLISHMENT AND PERFORMANCE OF CIVIL SERVICES
Civil service occupation
(1) The obligation to carry out civil service arises for citizens after the age of 18 and lasts until the age of 38.
(2) Citizens who are to carry out a civil service are required to comply with a call order, to appear at a designated place within the designated organisation within a specified time limit and to perform properly the tasks associated with the service.
(3) The calling order for civil service shall be issued by the national committee within whose jurisdiction the citizen to be called for the performance of the civil service has permanent residence. The fact that a citizen carries out a civil service shall be indicated on his identity card, which shall include the termination thereof.
(4) The obligation of a citizen to enter and perform a civil service in the relevant organisation shall arise on the date on which the national committee assigned a citizen to serve in that organisation and shall end with the decision of the national committee to terminate that assignment.
(5) The day on which a citizen enters the civil service begins the period of continuous duration of that service, unless it is interrupted in accordance with Section 4.
(6) The citizen is entitled to reimbursement of the fare on taking up and returning from the civil service. The replacement shall be provided by the organisation in which the service will or has been performed.
Suspension, interruption and exemption of civil service
(1) Citizens may, at their request, on grounds of health, family, social and other reasons of particular concern, be permitted to postpone or interrupt the performance of civil service.
(2) The competent national committee shall allow the suspension or interruption of the civil service to be carried out by a citizen at the latest at the age of 27 and to expire at the age of 38.
(3) The competent national committee shall exempt a citizen from civil service if he has become permanently incapacitated.
Constitutional rights and freedoms
The exercise of the constitutional rights and freedoms of citizens in civil service may be restricted only by law.
Civil service citizen obligations
(1) A citizen is obliged, under the instructions of the organisation, to carry out all activities in person in accordance with this Act, unless they are unsuitable for him due to his health and physical abilities.
(2) A citizen may leave the municipality where he or she carries out the civil service only with the agreement of the head of the organisation or its statutory representative.
(3) A citizen performing a civil service shall not be employed in an employment or similar proportion.
(4) Spiritual churches and religious societies have the right to pursue pastoral activities after fulfilling the obligations laid down in this Act.
(1) The obligations of a citizen arising from the performance of the activities referred to in Article 6 (1) shall apply mutatis mutandis to the provisions of the Labour Code on the fundamental obligations of workers.
(2) In the event of a serious or repeated minor breach of civil service obligations for a citizen, the head of the organisation may impose disciplinary measures on a citizen consisting of an extension of the duration of the civil service by up to seven days.
(3) A citizen may appeal to the national committee which ordered him to perform the duties within 15 days of the date of service of the head of the organisation for extension of the civil service. The appeal has suspensory effect.
(4) The National Committee which has ordered a citizen to carry out a civil service may, at his request, waive the obligation to carry out an extended period of civil service decided pursuant to paragraph 2.
Obligations of the organisation
(1) An organisation in which a civil service is carried out is required to provide a citizen with that service in charge of free accommodation, to provide him with free working clothes, a meal at least three times a day and a service equal to that of a serving private in the basic service. The organisation shall also provide the citizen with an adequate allowance for clothing.
(2) Where the worker of an organisation in the performance of his or her duties is entitled to an additional allowance or additional leave, the organisation shall be obliged to grant the allowance and / or additional leave to a civil service citizen under the same conditions.
(3) If the organisation is unable to provide for free accommodation or meals, it shall pay the citizen who carries out his or her civil service the actual costs incurred for his or her adequate accommodation or meals or provide him with a fixed lump sum.
Duration of the activity and standby
(1) The actual pursuit of civil service activities must not exceed the weekly working hours laid down in the labour law for similar work; the actual performance of the activity shall not include the time of the service emergency.
(2) The actual duration of the activity and the time of the duty call shall constitute a shift of duty. A citizen shall be entitled to continuous rest between two shifts of service of at least 8 hours and once a week to continuous rest of at least 24 hours.
(3) The head of the organisation may order a citizen to be on call; a continuous rest period as referred to in paragraph 2 shall be maintained for the citizen.
Regular and special leave
(1) Proper leave shall be granted to citizens in the civil service to the extent appropriate for a soldier in the basic service.
(2) The organisation's head of organisation determines the time of proper leave.
(3) The head of the organisation may grant a civil service citizen special leave for reasons and to the extent that they correspond to special leave granted to soldiers in the basic service.
Compensation
The liability of a civil service citizen for damage caused by an organisation and the liability of an organisation for damage caused to a civil service citizen shall be subject to adequate legislation governing liability between soldiers of the essential service and military administration.
Provisions common and final
(1) Under the armed emergency of the State, only the goalkeepers may submit a declaration of refusal of military active service, namely the draft committee in the proceedings.
(2) Citizens who are obliged to carry out civil service may be called upon to act in person for the purposes of armed sil.3)
In proceedings under this law, national committees shall proceed in accordance with the general rules of administrative procedure, (4) unless otherwise provided for by this law.
(1) Civil service periods for social and pension security purposes are to be counted in a similar manner to those of military active service periods.
(2) The period of civil service for the purposes of the notice of leave shall be counted against the duration of the service.
Efficacy
This Act shall take effect on the day of its publication.
Havel v. r.
Dubček v. r.
CHF
1) Paragraph 20 (2) of the Defence Act.
2) § 73 of the Labour Code.
3) Article 45 of the Law of Defense.
4) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 73 / 1990 Coll., on Civil Service |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.1990 |
|---|---|
| Effective from | 14.03.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0