Decree No. 74 / 1945 Coll.
Decree of the President of the Republic on reactivation and re-provision of married women in public service
Valid
Effective from 03.10.1945
74.
Decret of the President of the Republic
of 10 September 1945
on reactivation and re-provision of married women in public service.
On the proposal of the Government and in agreement with the Slovak National Council, I establish:
(1) This decree applies to women of Czech, Slovak or other Slavic nationality who, as spouses, divorced or as a result of marriage, have left an active state or other public service in accordance with the provisions of Section III of the Government Decree of 21 December 1938, No. 379 Coll., on the modification of certain staff conditions in public administration by:
(a) have voluntarily surrendered (§ 6),
(b) have entered permanent retirement (Sections 7 and 14 and Section 15 (2));
(c) their employment was untied by notice (§ 8);
(d) their employment was untied as a result of a marriage concluded with effect from that Regulation (§ 15).
(2) State or other public service as referred to in paragraph 1 shall mean the service:
(a) by the State;
(b) for the volumes of local government and other public law corporations and foundations;
(c) for the institutes, undertakings, funds and establishments belonging to or managed by the bodies referred to in (a) and (b);
(d) teachers according to the Act of 24 June 1926, No. 104 Coll. (Teaching Act).
(1) If the interest of the service so requires, it may be possible in the case of a member of staff who:
(a) have not yet exceeded 60 years of age;
(b) they are mentally and physically capable of continuing their duties; and
(c) are re-activated in respect of national and national reliability to the posts corresponding to their last official and salary placement before being relocated.
(2) In cases of urgent professional interest, workers over 60 years of age may exceptionally be reactivated for meeting the conditions referred to in paragraph 1 (b) and (c).
(3) Reactivation may be carried out only at the request of the staff member who must be submitted no later than six months after the publication of the decree with the competent personal office. If the application is granted, the staff member shall be obliged to enter the service within one month of the date of service of the decree (§ 4 (1)).
(1) Reactivation (§ 2) shall be carried out on the date on which the staff member entered the service.
(2) The entitlement to the current resting salary is forfeited by reactivation. The staff member shall be entitled to a service salary corresponding to his last posting in active employment. The provisions of Section 139 of the Law of 24 June 1926, No. 103 Coll. (similar regulations) apply at the beginning of the payment of the service salary.
(1) Reactivation shall be carried out by a re-employment decree for an active service to be issued to the personal office. If the personal office is not also the central office, it shall be entitled to reactivate only those employees who can be redeemed.
(2) Reactivation pursuant to Paragraph 2 (2) requires the approval of the competent central authority, of the employees of the local authorities' unions, as well as of other public law corporations and of the foundations of the competent national supervisory authority.
(1) Women whose service is untied in accordance with § 1 (a), (c) and (d) may be reinstated in active employment. It is appropriate to follow the same procedure as the provisions of Sections 2 to 4 of this Decree.
(2) In the event of a retroactive provision, the period which was taken into account on the date of the termination of service shall be counted for the advance payment.
(3) The re-provision shall be decided by the office (s) authorised to lend a post to which the staff member is appointed.
(1) In order to qualify for a service fee and its notice of call, the period of service which has been taken into account for that purpose on the date of cancellation of service shall be counted again if the staff member returns the compensation received within reasonable time limits if it exceeds 20.000 K. The calculation becomes legally effective only by returning half of the remaining amount, without delaying the obligation to repay the other half. The repayment of the compensation may be completely waived for workers who have been persecuted during the period of infreedom for political reasons. This shall be decided by the Central Competent Authority in agreement with the Ministry of Finance.
(2) The period of service referred to in the preceding paragraph shall also be credited to the employee, in the event of a reprovision, who, when discharging the service, has reserved collateral under Paragraph 13 of Decree No. 379 / 1938 Coll. In this case, the general pension institution shall cancel the insurance carried out under this provision and return to the employer the amount which the employer has given him pursuant to Paragraph 13 (2) of that Regulation after the deduction of benefits from the insurance, if any, already paid. Any insurance premiums paid to an employee under Paragraph 13 (4) of the same Regulation shall also be refunded by the General Pension Institute to the employee after the deduction of benefits possibly paid.
If a staff member who has been re-appointed under this decree has, within three years, voluntarily surrendered the service, only the amounts of the compensation recovered under Paragraph 6 (1) shall be paid to her.
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. 74 / 1945 Coll., on reactivation and re-provision of married women in public service |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.10.1945 |
|---|---|
| Effective from | 03.10.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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