Decree of the Ministry of Interior No. 98 / 1962 Coll.
Ordinance of the Ministry of the Interior on working conditions, performance of service and disciplinary liability of members of public fire departments
Valid
Effective from 01.11.1962
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98
DECLARATION
Ministry of Interior
of 6 October 1962
on working conditions, the performance of service and the disciplinary responsibility of members of public fire departments
The Ministry of the Interior shall, in agreement with the participating central authorities and the Central Committee of the Union of Workers of State Authorities and the local economy, provide for the fire protection of:
Working conditions of members of public fire departments
Conditions of admission
(1) A Czechoslovak citizen who:
(a) is trustworthy and righteous,
(b) has reached 18 and has not exceeded 35 years of age;
(c) is physically and mentally competent to carry out rescue and firefighting operations; and
(d) has the necessary political and professional competence.
(2) Physical and mental fitness should be assessed by medical examination.
(3) An exemption from the age prescribed may be authorised by the Regional National Committee where justified.
Test work
(1) A member of the public fire department shall first be admitted to the service of the test on the basis of the examination; at the start of the work he must be informed in an appropriate manner of his duties, in particular the obligation to remain silent (§ 18 of Act No. 18 / 1958 Coll.).
(2) The test duration is 3 months.
Establishment of employment
(1) A member of a public fire department may be admitted to a vacant post within the framework of a work plan for the public fire department.
(2) The employment relationship arises on the basis of a decision of the District National Committee on the date of employment.
Composition of the promise
At the end of the probationary period, a member of the public fire department shall take the following oath in the hands of the department commander: "I promise in my honour and conscience that I will be faithful to the Czechoslovak Socialist Republic and its socialist establishment, that I will perform my duties diligently and conscientiously, that I will obey the orders and orders of my commanders, that I will remain strictly silent in official matters and that, in all my actions, I will only be aware of the interests of the service."
Relationship and other family relationships
(1) Persons who are related or married in a straight line at all, in a series of branches up to the third degree, and spouses and persons who are in a custody or an endowment relationship shall not be employed in such a way that one is directly subordinate to or under the control of the other.
(2) Applicants for admission to a public fire department shall be required to notify the family or family relationship referred to in paragraph 1 prior to their adoption. If such an affair or other family relationship arises after admission, the member shall immediately notify the circumstances.
(3) If the interest of the service so requires, the District National Committee may authorise an exemption from paragraph 1.
Recovered leave, duty leave and duty relief
(1) General rules are in force on recovery leave, taking into account the organisation of the service.
(2) The scope and conditions of the provision of leave and leave at work are subject to the same rules as for employees covered by Act No 66 / 1950 Coll., on employment and pay ratios of civil servants.
Working time
(1) Working hours are governed by general rules.
(2) If necessary, a member of the public fire department shall be obliged to work outside regular working hours. In order to ensure the performance of the fire service, the worker's working hours may be extended up to a maximum of 56 hours per week in monthly average. If, in exceptional cases, the master orders a member to extend his working time on certain days and exceeds 56 hours per week in monthly average, the officer shall be granted one hour of leave or pay for work over time for each hour worked above that average. *)
Secondary activity
A member of a public fire department may carry out paid secondary activities only after prior authorisation of the personal office after consultation with the commander of the public fire department. The authorisation granted shall be enforceable at any time. A member shall not engage in any ancillary activity which would impede him or her proper performance of his or her duties, be contrary to general interests or raise doubts about his or her impartial and selfless performance of his or her duties.
Indemnification obligation
(1) If a member of a public fire department is responsible for a breach of the State's obligations, he shall be obliged to replace it.
(2) The conditions and scope of the compensation obligations are governed by the provisions of Act No. 71 / 1958 Coll., on compensation obligations caused by the employee by the breach of employment obligations or, where applicable, the Civil Code.
Replacement
A member of a public fire department may, at his request or for official reasons, be transferred to another establishment within the department. When transferred for service reasons, the personal arrangements of the member shall be taken into account as far as possible.
Termination of employment
The employment relationship ends with:
(a) termination;
(b) cancellation without notice;
(c) by agreement.
Untying of notice
(1) A member of a public fire department may terminate his employment for serious personal reasons. The acceptance of the statement may be refused in the general interest within 15 days of its submission.
(2) The personal office may release a member's employment relationship in writing:
(a) if they are not certified during the trial period;
(b) if it becomes apparent that he did not fulfil the conditions for employment upon acceptance,
(c) if the performance is insufficient due to its own fault,
(d) if they grossly breach their obligations,
(e) if he is in a state which, in accordance with the pension rules, gives him entitlement to an invalidity or old-age pension in the event of termination of his employment;
(f) if Czechoslovak citizenship ceases,
(g) where more effective deployment of labour is needed in the general interest.
(3) In the case of persons whose work has not expired for a period of three months, the period of notice shall be two weeks. For other members, the period of notice shall be three months and shall begin on the first day of the following month following the date of notice.
(4) In the case of a member whose employment relationship will be untied by a statement referred to in paragraph 2 (g), he shall be provided with another appropriate location appropriate to his capacity.
Termination of employment without notice
The employment of a member of a public fire department shall be cancelled without notice if the member of such action is committed that he cannot be considered to be reliable or that his immediate release is strictly necessary in order to maintain his or her discipline according to the nature of the matter.
Untying of employment by agreement
An agreement between a member of a public fire department and a personal office may be open to employment without observance of the notice period.
Discharge
(1) If there is no termination of service pursuant to § 11 to 14, the personal office shall, on a proposal from the head of the public fire department, release the member of the service:
(a) if taken into custody,
(b) if he becomes reasonably suspected of an act of such a nature that his further stay in the service would be jeopardised by important general interests and would not be sufficient to transfer a member to another workplace.
(2) During the period of discharge of the service, a member of the public shall be entitled 30%, to whom 50% of the basic salary is payable. This amount shall be increased by 10% for each child to whom the child allowance is due, up to a maximum of two thirds of the basic salary. The child allowance is unabated. Other revenue received by a member at that time shall be included in that amount.
(3) The waiver shall be lifted as soon as the circumstances justifying it cease to exist. If it is demonstrated that a member has not committed an act of guilt against him, his return to the original place of work shall be arranged and the revenue withheld shall be paid to him. Other revenue received at the time of discharge shall be charged to the supplement.
Disputes from employment
Disputes arising from the employment relationship of members of public fire departments shall be dealt with in accordance with Decree No 184 / 1959 of the Ú. l., which shall be the subject of labour dispute resolution directives.
Performance of service
General
The performance of the service with public fire departments is adapted to the principles applicable to the military (§ 21 paragraph 1 of Act No. 18 / 1958 Coll.), to the following extent:
(a) the management of the service to public fire departments shall be carried out in the form of command, i.e. orders and orders from the master;
(b) members of the staff shall be in uniform;
(c) they belong to members of the rank appropriate to military rank.
Receiving command posts
(1) Command functions shall be granted on the basis of selection to those members of the public fire department who perform their tasks properly, have the necessary qualifications and demonstrate their competence through a professional examination.
(2) The head of the public fire department is appointed by the district national committee; the other commanders shall be appointed by the commander of the department within the composition of the functional positions laid down for the service.
Service uniform
(1) The members of the public fire department are in the service of uniforms. A member shall be obliged to wear it in the regular service, even in other business.
(2) The service uniform and the rating markings must comply with the relevant Regulation and must not be modified spontaneously.
(3) Where members are in a uniform service, they shall be obliged to greet each other; subordination and rank of lower health first.
Basic obligations of a member of a public fire department
(1) A member of a public fire department shall:
(a) comply with the Staff Regulations, Regulations, Orders and Regulations and maintain the Service Procedure;
(b) to accept an appointed flat, if the interest of the service so requires;
(c) to reside, if the conditions permit, at the place of employment;
(d) to report any change of residence and any change of temporary stay during leave and to ensure that a service communication can be provided to him;
(e) undergo periodic medical examinations as necessary, but at least once a year.
(2) The member shall be obliged to comply with the order (s) by initiative, precisely, in time and with an effort to overcome any obstacles to its fulfilment.
(3) If a member considers that the order (s) imposed on him is contrary to the law or to the principles of the socialist establishment, in particular that another general interest would be jeopardised by his execution or that there would be unjustified damage, he shall be obliged to draw the attention of the superior before the execution of the order (s); if the superior persists in execution, he shall give the order (s) in writing if possible.
Similarly, if a second order (regulation) is given, the member shall proceed to prevent the execution of a previous order (regulation).
(4) However, the order (regulation) must not be obeyed if it clearly contradicts the obligation to uphold the allegiance of the Czechoslovak Socialist Republic or if it seems to impose criminal offences. A member shall immediately report such an order to the superior of the issuing officer.
Organisation of service
(1) In order to ensure the performance of the tasks and the maximum use of the working day, a continuous service is organised for the public fire department. For this purpose, members of the department are normally divided into 3 shifts, which are regularly exchanged after 24 hours. After 24 hours of service, each member shall have 48 hours off.
Other organisation of the service shall be subject to approval by the Ministry of the Interior after consultation with the Central Committee of the Trade Union.
(2) In exceptional cases where it is reasonable to assume that, in order to ensure the performance of the service, members of the non-shift service will also have to be called into service, the commander of the service or his representative may declare attainability for some or all of the members.
When available, a member of the service must stay within the territory of his or her residence and take measures to ensure that, where necessary, he or she can be notified and is immediately admitted to a designated workplace.
(3) An emergency service is ordered by a master where no activity other than the necessary preparation for possible intervention is required of a member and the duty of shift is duly filled. If, in connection with a fire, natural disaster or accident, the commander instructs the alert officers to operate as necessary for intervention, the alert shall be converted into full service.
(4) If an emergency need for service so requires, a member of the service shall, at the time of his leave, be required to take up duty or on-call duty as soon as possible.
(5) The head of the public fire department shall adjust the organisation of the services of subordinate commanders; determining which of them shall be engaged in daily service.
Remuneration
(1) An officer of a public fire department who is disciplined, exemplary in carrying out his duties and who, in the event of a fire-fighting operation or other rescue operations, demonstrates an exceptional effective initiative or personal dedication and thus contributes substantially to the performance of the task, a reward may be awarded for:
(a) a commendation in the order,
(b) the award of a commendable certificate;
(c) waiving the previously imposed disciplinary action or excluding the record of its imposition from the personal file before the end of the prescribed period;
(d) exceptional promotion to a higher rank.
(2) The remuneration referred to in (a) and (b) shall be paid by the master, the remuneration referred to in (c), by the authority which imposed the disciplinary action. An extraordinary promotion will be decided by the District National Committee.
(3) The granting of extraordinary remuneration under the general rules remains unaffected. *)
Liability
Insubordination
(1) The members of the public fire department who are subject to disciplinary action or official duties may be used as means of training for disciplinary action.
(2) A disciplinary measure may be imposed only within a month of the date on which the officer of the public fire department (authority) who is entitled to impose the disciplinary measure became aware of the offence, but not later than one year, and if the offence is found by internal control authorities, within two years of the date on which the offence was committed.
Pricing measures
(1) As punitive measures may be used
(a) oral reprimand,
(b) public reprimand,
(c) warnings for irresponsible performance of duties;
(d) a reduction in the basic salary of up to 10% or a reduction in rank at present; Such measures may be imposed for a maximum period of one year.
(2) When deciding on the measure to be applied to the national, account shall be taken of the seriousness of the offence, the circumstances in which the offence was committed, the consequences thereof, the extent of the fault and the performance of the service. If there is little relevance to the breach of discipline and service duties, the master shall simply accuse the officer and instruct him of the imperfections of his actions.
(3) The provisions of Act No. 24 / 1957 Coll., on the disciplinary prosecution of the theft and damage of property in socialist property, remain unaffected.
(4) Only one of the disciplinary measures referred to in paragraph 1 may be imposed on a national for the same offence. If a Member has been sentenced for an offence or has been subjected to disciplinary action under other provisions, he may not be ordered to take disciplinary action under this Order for the same act. Where the action of a member has been brought under other rules, the outcome of the action shall be awaiting its outcome; the duration of such proceedings shall not be counted against the period in which disciplinary action may be imposed (Section 23 (2)).
Jurisdiction to impose punitive measures
(1) The disciplinary action provided for in Article 24 (1) (a) and (b) is imposed by the master of the public fire department, the other disciplinary action being imposed by the district national committee on a proposal from the commander of the department.
(2) Where disciplinary action is to be imposed on the head of the department, it shall be imposed by the district national committee.
Tender proceedings
(1) If a member of a public fire department infringes his duties in such a way that he should be subject to disciplinary action, his master (s) shall notify the commander of the public fire department.
(2) The authority to which the disciplinary action is to be imposed shall hear the national before it is imposed. Where this is necessary in order to clarify his or her guilt or in more serious cases, he or she may instruct a member (staff member) to carry out a detailed examination of the case and to hear witnesses and experts.
(3) The disciplinary measure provided for in Article 24 (1) (d) may be imposed on a subject on condition (for a trial period), provided that, in view of his earlier conduct and the circumstances of the case, there is reason to believe that the purpose of the disciplinary measure will be achieved without its execution. The test period shall be set from six months to one year.
(4) The imposition of disciplinary action, other than oral reprimand, must be published in the order and noted in the personal file of the member.
(5) The record of the imposition of a disciplinary measure shall be removed from the personal file:
(a) after a period of 2 years, if the member is not guilty during that period,
(b) when imposing a disciplinary measure on condition (for a trial period) after the end of the probationary period in which the member has been properly behaved;
(c) if the punitive measure has been repealed,
(d) if the disciplinary measure has been waived under Paragraph 22 (1) (c).
(6) A member may appeal against the action imposed against a disciplinary action within 15 days of its imposition; a timely appeal has suspensory effect.
(7) Unless otherwise provided for in the previous provisions, the general rules on administrative procedures shall apply to disciplinary proceedings.
Cooperation with the trade union organisation
Cooperation of the commander with the ROH authority
(1) The relations between the cooperative cooperation of the head of the public fire department and the authorities of the Revolutionary Trade Union Movement are governed by the resolution of the Fourth General Union Congress (Act No. 37 / 1959 Coll.).
(2) The commander of the public fire department systematically creates the conditions necessary for the general organisation of ROH and its bodies to operate in a universal manner. In particular, it shall, in particular, discuss with the trade union body or the body empowered by it all issues relating to members of the public fire department, provide it with the necessary explanations, the necessary data, reports and documents, taking into account the principles of confidentiality, taking into account its opinions and informing it of the measures it has taken on the basis of proposals submitted by the trade union authorities or members of the department or on the basis of the proposals resulting from the resolutions of the trade union organisation and its authorities and the conclusion of production consultations.
(3) The master is obliged to create conditions for the cooperation of the trade union body in such a way that the trade union body, on behalf of and in their interests, may in particular:
(a) to participate in the preparation and drawing up of work plans, their operational schedule and checks on their implementation;
(b) to lead members of the unit to a socialist relationship to work, organise socialist competition and evaluate its results. In cooperation with the Commander, organise the mass development of the Improving and Inventory Movement and assist in the introduction of new working methods and in the application of improvement proposals, participate in the application of socialist pay-for-work principles, discuss measures to strengthen labour and service discipline and to enhance the protection of socialist property,
(c) discuss with the commander important issues relating to the operation, management, investment construction and technical development, in particular measures to improve the quality of work, to improve the protection of life and health at work, to the employment of women and persons with altered working capacity;
(d) ensure the establishment of health and social facilities for members of the department, check their activities and cooperate in the other care of workers;
(e) provide technical and other assistance for cooperative and individual housing construction and cooperate in the allocation of housing units to members of the service;
(f) to take care to increase the socialist awareness and professional qualifications of members of the service, to ensure the establishment of cultural facilities and to manage their activities, to co-operate in the organisation of racing schools of work and to select members of vocational schools and courses;
(g) to monitor compliance with labour law, to comment on measures prepared by the master involving all or more of the members, including agreements on termination and dissolution of employment,
(h) to submit to the Commander initiatives to improve the operation of the department and the care of members of the department or to remedy the deficiencies identified, to organise production meetings, to request the participation of responsible representatives in trade union meetings, to review the measures taken by the master on the basis of the proposals made, the resolutions adopted at those meetings and the conclusions of production meetings;
(i) to submit proposals for public recognition, honorary degrees, state honours and orders.
Measures requiring the prior approval of ROH
The following measures may be implemented with legal effect only after the prior agreement of the racing committee or the authority empowered by it:
(a) adjust working hours;
(b) order the necessary overtime if the prior consent measure is possible due to the operational performance of the service;
(c) to establish wage and pay systems and to grant compensation for exceptional work merit;
(d) receive and release members of the service;
(e) to assign members of the service to posts or posts, to set them a salary in accordance with the applicable wage rules, to transfer them to other posts or posts for a period of one month;
(f) to assign or transfer temporary unit members to a place of work in another municipality.
Final provisions
Provisions for the City of Prague
The tasks performed by the District National Committee under this decree are provided by the National Committee of the City of Prague in the capital of Prague.
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Regulation Information
| Citation | Decree of the Ministry of Interior No. 98 / 1962 Coll., on working conditions, performance of service and disciplinary liability of members of public fire departments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.10.1962 |
|---|---|
| Effective from | 01.11.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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