What is Act No. 99 / 2017 Coll.?

Act No. 99 / 2017 Coll., amending Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended, Act No. 129 / 2000 Coll., on Regions (Regional Establishment), as amended, Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended, and other related laws — Act amending Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended, Act No. 129 / 2000 Coll., on Regions (regional establishment), as amended, Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended, and other related laws.

When it became Act No. 99 / 2017 Coll. effectiveness?

Act No. 99 / 2017 Coll. became effective 01.01.2018.

Is Act No. 99 / 2017 Coll. still valid?

Yes, Act No. 99 / 2017 Coll. is still valid and effective.

Act No. 99 / 2017 Coll. - Act amending Act No. 128 / 2000 Coll., o...

99

THE LAW

of 8 March 2017

amending Act No. 128 / 2000 Coll., on municipalities (municipal establishment), as amended, Act No. 129 / 2000 Coll., on counties (regional establishment), as amended, Act No. 131 / 2000 Coll., on the capital of Prague, as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the municipal establishment

Čl. I

Act No. 125 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act No. 54 / 2011, Act No. 55 / 2011, Act No. 54 / 2011, Act No. 54 / 2011, Act No. 54 / 2011, Act No. 54 / 2011, Act No. 54 / 2011, Act No. 55 / 2011, Act No. 54 / 2011, Act No. 54 / 2011, Act No. 55 / 2011, Act No. 54 / 2011, Act No. 54 / 2011, Act No. 54 / 2011, Act No. 54 / 2011, Act No. 54 / 2011, Act No. 55 / 2011 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act No. 25 / 2011, Act No. 55 / 2011, Act No. 55 / 2011, Act.

1. paragraphs 70 to 81, including footnote 50 to 55, read:

„§ 70

(1) The function of a member of the council of the municipality is a public function.

(2) A member of the council of the municipality may not be reduced to rights arising from his employment or any other similar legal relationship for the performance of his duties.

§ 71

(1) The function of a member of the council of the municipality

(a) members of the council of the municipality elected to the functions designated by the council of the municipality as the functions for which the members of the council of the municipality will be released, (hereinafter referred to as "the vacant member of the representative of the municipality"),

(b) other members of the council of the municipality (hereinafter referred to as "non-released member of the council of the municipality").

(2) The employer shall provide the unreleased member of the town council with leave of absence for the performance of his duties with compensation for wages or salaries; the extent of the time strictly necessary for the performance of the duties shall be determined by the municipality. Reimbursement of wages or salaries, including the corresponding amount of social security contributions and contributions to state employment policy and public health insurance premiums under special legislation50), shall be paid by the municipality to the employer.

(3) The municipality provides to the unreleased member of the council of a municipality who is a natural person or a person engaged in another self-employed activity a flat-rate amount of income forgone in connection with the performance of his duties. The total amount per hour and the maximum amount that may be provided as compensation for the loss of earnings in connection with the performance of the duties shall be determined by the municipality's representative.

(4) The municipality may not grant a gift to a member of the council of the municipality in connection with the performance of the office of a member of the council of the municipality, even after the office has ceased.

§ 72

(1) The municipality provides remuneration for the performance of its duties to the vacant member of the council. The remuneration shall be granted from the date of election to the office designated by the council of the municipality as the function for which the members of the council of the municipality will be released, but first from the date from which the council of the municipality has designated it as such.

(2) The municipality may grant remuneration for the performance of its duties to the unreleased member of the council. In this case, the remuneration shall be granted from the date fixed by the municipality's representative, but first from the date of adoption of the order of the municipality's representative to whom the remuneration was fixed.

(3) In the resolution referred to in paragraph 2, the municipality representative shall determine the amount of remuneration to the non-released members of the municipality representative per month, in full crowns, taking into account the performance of the individual tasks imposed on individual non-authorised members of the municipality representative and their participation in the meetings of the authorities of the municipality of which they are members in advance. The resolution referred to in paragraph 2 shall cease to have effect by the termination of the term of office of the council of the municipality which provided for the remuneration.

(4) The municipality grants a remuneration of between 0,3 and 0,6 times the amount of the remuneration that would be due to the vacant member of the municipality's council, which is the mayor's. If the representative of the municipality has not set a remuneration for the non-released member of the council of the municipality, he shall, from the date of election to the office of mayor, receive a remuneration of 0.3 times the amount of the remuneration which would be due to the vacant member of the municipality of the municipality of the municipality of the mayor.

(5) The remuneration shall be granted to the member of the council of the municipality on a monthly basis. If a member of the council of the municipality has served only for part of a month, he shall be remunerated for that month by a factor of one thirtieth of his remuneration and the number of calendar days during which he performed that month.

(6) If the vacated member of the council of the municipality does not perform his duties because of temporary incapacity for work, the mandated quarantine, pregnancy and maternity, the care of a child under the age of 4 or the care of a member of the household or care of him, he shall not be remunerated unless otherwise provided for by this law.

(7) For each calendar day from the fourth to the 14th calendar day of temporary incapacity for work or from the first to the 14th calendar day of quarantine, a remuneration of 60% of one-thirtieth of the remuneration shall be payable to the member of the municipality's representative. For the purposes of determining the amount of the reduced remuneration referred to in the first sentence, one thirtieth of the remuneration shall be adjusted in the same way as the daily assessment basis for determining the sickness benefit from sickness insurance (51).

(8) The remuneration fixed in accordance with paragraph 7 shall be reduced by 50% where the sickness insurance scheme is reduced by half. The remuneration of the reduced amount determined in accordance with paragraph 7 and the first sentence for each calendar day shall be rounded up to the full crown.

§ 73

(1) The implementing legislation provides for a breakdown by size category of municipalities

(a) the amount of remuneration to be paid to the vacant members of the town council per month;

(b) the maximum amount of remuneration granted to non-released members of the municipal council per month.

(2) The size categories of municipalities referred to in paragraph 1 are set out in the Annex to this Act.

(3) The remuneration of the vacant member of the municipal council, who acts as mayor of the statutory city, in the size category of municipalities over 200 000 inhabitants shall be fixed at least 2,5 times the remuneration of the elected member of the municipality, who acts as mayor, in the municipality in the size category of municipalities up to 300 inhabitants, and at the same time not higher than the remuneration of the elected member of the county representative, who performs the function of the county supervisor, in the region in the size category of regions up to 500 000 inhabitants.

(4) When determining the remuneration of a member of the council of the municipality, it is based on the number of inhabitants of the municipality 52) who were declared in the municipality for permanent residence on 1 January of the calendar year in which the elections to the council of the municipality took place.

(5) If the municipality's population changes by more than 20% during the municipal council's term of office, by changing the municipality's classification in the municipality's size category as provided for in the Annex to this Act, it shall belong from 1 January of the following calendar year

(a) to a member of the council of the municipality released, a remuneration equal to the size category of the municipality;

(b) to a non-authorised member of the council of the municipality, the current remuneration, if it does not exceed the maximum remuneration for the respective size category of the municipality, otherwise the maximum remuneration shall be paid.

(6) The reward is rounded to the top of the crown.

§ 74

(1) An unrelaxed member of the council of the municipality, who is entitled to receive the will of the fiancé to join the marriage (53), may increase the remuneration by up to CZK 2 000 above the maximum amount of remuneration for the performance of his duties under this Act and the implementing legislation, taking into account the time and frequency of the ceremonies. An unreleased member of the council of the municipality, who is responsible for managing the municipal police54), may increase the remuneration by up to CZK 2,000 above the maximum remuneration laid down for the performance of his duties under this Act and the implementing legislation, taking into account the time-consuming nature of this activity.

(2) In the event of a simultaneous performance of several functions, the vacated member of the council of the municipality shall be remunerated for that of his duties for which the highest remuneration is due.

(3) In the event of multiple functions being combined, a remuneration may be granted to a non-released member of the municipality's representative up to the sum of the remuneration for three different functions. This summary shall include only the remuneration for the duties of a member of the council of the municipality, of the chairman or of a member of the council of the municipality, of the chairman or of a member of the commission of the municipality, or of the chairman or of a member of the special authority of the municipality. If the council of the municipality does not decide to grant the remuneration referred to in the first sentence, the non-authorised member of the council of the municipality shall be remunerated for the post for which it shall receive the highest remuneration approved by the council of the municipality.

§ 75

(1) The Vice-Mayor, who, for a period of more than 4 weeks, has consistently represented the third mayor in full in accordance with the third sentence of Paragraph 104 (1) of his term of office on account of his absence or at the time when the Mayor was not in office, shall be remunerated from the first day of representation at an amount which would have been due to the Mayor in that period, if that remuneration is higher.

(2) A member of the council of the municipality who has been entrusted by the council of the municipality with the exercise of the powers of the mayor pursuant to Article 103 (6) shall be remunerated at an amount which would be due to the mayor during the period concerned, if this remuneration is higher.

(3) The member of the council of the municipality, who continues to exercise the powers of the mayor or vice-mayor in accordance with § 107, shall be remunerated until the election of the new mayor or vice-mayor. The member of the council of the municipality, which exercises its powers under Paragraph 102a, shall be remunerated until the election of the new council of the municipality or the election of the mayor if the council of the municipality is not elected.

(4) A member of the council of a municipality who is the chairman or member of a special authority of the municipality or of a commission of the council of a municipality which has been entrusted with the exercise of the delegation pursuant to Paragraph 103 (4) (c) shall, after the end of his term of office until his office has expired, be remunerated for the duties of the chairman or member of the special authority of the municipality or commission of the municipality.

(5) A member of the council of the municipality, who is a member of the board of the municipality, who has not been entrusted with the delegation of powers, shall, after the end of his term of office, be remunerated for the performance of that function for the duration of the duties of the former council of the municipality under Paragraph 102a.

§ 76

(1) A member of the municipality's council may receive exceptional remuneration for the fulfilment of exceptional or particularly important tasks of the municipality.

(2) The cumulative amount of exceptional remuneration granted in the calendar year to a member of the municipality's representative shall not exceed twice the maximum remuneration due to him during that calendar year for the performance of his duties in the month.

(3) The cumulative amount of the extraordinary remuneration granted to the non-released member of the municipality's representative in the calendar year shall not exceed twice the maximum amount of remuneration which the law and implementing legislation provide for for the performance of the functions performed by the municipality or, in total, for the performance of its duties per month.

(4) The proposal to grant exceptional remuneration to a member of the council of the municipality must be given as a separate item in the proposed programme of the forthcoming meeting of the council of the municipality.

(5) The application for extraordinary remuneration to a member of the council of the municipality must be justified and discussed as a separate item on the agenda of the council of the municipality. The reason for the grant of the exceptional remuneration must be stated in the order of the municipality of the municipality to which the exceptional remuneration has been granted.

§ 77

(1) The municipality shall grant a severance grant to the unreleased member of the council of the municipality, who shall act as mayor or deputy mayor, and to the vacated member of the council of the municipality whose mandate has ceased to be a member of the council of the municipality. Cases of non-payment of remuneration on the relevant day for the reasons set out in Paragraph 72 (6) shall not be taken into account.

(2) An unreleased member of the council of a municipality who acts as mayor or deputy mayor and a vacated member of the council of a municipality who has been dismissed or resigned during the term of office shall be granted a severance grant by the municipality if they have been remunerated on the date of revocation or resignation. Cases of non-payment of remuneration on the relevant day for the reasons set out in Paragraph 72 (6) shall not be taken into account.

(3) The severance fee referred to in paragraph 1 shall not apply to the municipality's councillor on the day of the election to the municipal councillor if, in the new term of office, he has been re-elected to the post of vacant member of the municipality's representative or to the post of non-authorised member of the municipality's representative who performs the duties of mayor or vice-mayor for which he is remunerated. The term of office referred to in the first sentence shall not be re-elected if it is the second and subsequent term of office.

(4) The severance grants referred to in paragraph 2 shall not apply to a member of the council of the municipality, provided that he has been re-elected to the post of vacant member of the council of the municipality or to the post of non-authorised member of the council of the municipality, which shall act as mayor or deputy mayor at the latest at the following meeting of the council of the municipality.

(5) The severance of a member of the council of the municipality shall not apply where, in the course of the performance of his duties, he has been definitively convicted of an intentional offence or of a negligent offence committed in connection with the performance of his duties as a member of the council of the municipality, his prosecution for such an offence has been suspended or a decision has been made to approve the settlement and to stop the prosecution.

(6) If a member of the council of the municipality is entitled to a severance pension at the time when he is prosecuted for an intentional offence or for a negligent offence committed in connection with the performance of his duties as a member of the council of the municipality, the severance payment shall not be paid. If a member of the council of the municipality for the offence referred to in the sentence of the first final sentence has been convicted, his prosecution has been suspended on condition or a decision has been taken to approve the settlement and to stop the prosecution, the right to severance has not been established; otherwise the severance payment shall be paid.

(7) The severance grants referred to in paragraph 2 may only be granted once in the term of office to a member of the municipal council.

§ 78

(1) The severance grant shall be set at the amount of remuneration payable to the member of the council of the municipality in one month on the date of expiry of the mandate of the member of the council of the municipality or on the date of revocation or resignation, to which the multiple of that amount and the number of full years of post completed but not more than three completed years of office shall be added. Until the relevant time according to the first sentence, the period during which a member of the municipal council pursuant to § 77 (3) or (4) did not perform the post of vacant member of the municipal council or the office of a non-released member of the municipal council who performs the duties of mayor or deputy mayor shall be taken into account.

(2) The severance payment shall be payable if the conditions laid down in paragraph 3 are met and shall be paid on a one-off basis within the next payment deadline.

(3) A member of the council of the municipality is obliged to submit a solemn declaration stating that there are no obstacles to payment of the severance payment provided for in Article 77 (5) and (6).

§ 79

The maturity and payment of the remuneration and other payments provided in connection with the performance of the duties of members of the council of the municipality as well as the reductions thereof, the liability of the member of the representative of the municipality for the damage caused to the municipality in connection with the performance of the duties and the practice of the municipality in the event of the detection of the average earnings, the waiver of the right of remuneration or other performance and the death of the member of the representative of the municipality shall be governed by the Labour Code. For this purpose, the municipality shall be regarded as an employer and members of the municipality's representative shall be regarded as employees.

§ 80

(1) A member of the municipal council may be provided from the money fund or from the municipal budget

(a) a contribution to the payment of the increased costs of external adjustment, if it comes to the mayor, deputy mayor or member of the council of the municipality responsible for accepting the will of the fiancé to join the marriage (53);

(b) the contribution to the payment of the increased costs of external adjustment in connection with the representation of the municipality in public civil ceremonies;

(c) training promotion allowance in connection with the performance of the office of a member of the municipality's council,

(d) subsistence allowance, if the member of the council of the municipality has been released,

(e) the contribution to supplementary pension insurance with a State contribution, supplementary pension savings or life insurance, if it is a member of the municipality's representative,

(f) remuneration on a significant life anniversary;

(g) contribution to insurance of risks associated with the performance of the office of a member of the council of the municipality,

(h) aid to promote health, cultural and sports activities, if it is a member of the municipality's representative,

(i) the allowance for recreation, if the member of the council of the municipality has been released.

(2) The performance referred to in paragraph 1 may be granted to a member of the municipality's representative under similar conditions and at a similar rate to that of the municipality's staff.

§ 81

(1) A member of the council of the municipality is entitled, in the context of the performance of his duties, to travel compensation of the amount and under the conditions laid down by the legislation applicable to the staff of the municipality (55) and within their limits under the rules governing the granting of travel allowances to members of the council of the municipality, laid down by the representative of the municipality.

(2) The municipality's representative may provide that the place of residence of the municipality's representative shall be considered as a regular place of business for the purposes of travel compensation.

(3) Unless otherwise provided for in the rules governing the granting of travel refunds to members of the municipal council, the conditions which may affect the provision and amount of travel allowances, in particular the time and place of departure, the place of work, the mode of transport and accommodation, shall be determined by the mayor in writing to the members of the municipality representative before the start of the business trip.

(4) If the council of the municipality so provides, the member of the council of the municipality shall be compensated for the wear of his own equipment or other items necessary to perform the duties of the representative of the municipality. This shall not apply to the use of a motor vehicle for which the granting of refunds is governed by paragraphs 1 to 3.

50) Paragraph 206 (3) and (4) of the Labour Code, as amended. Act No. 589 / 1992 Coll., on Social Security and Contribution to State Employment Policy, as amended. Act No. 592 / 1992 Coll., on Insurance against Public Health Insurance, as amended.

51) Sections 21 and 22 of Act No. 187 / 2006 Coll., on sickness insurance, as amended.

52) Paragraph 3 (3) (g) of Act No. 133 / 2000 Coll., as amended. § 158 (8) (g) of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended.

53) § 11a (1) of Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws, as amended.

54) Paragraph 3 (1) of Act No. 553 / 1991 Coll., as amended by Act No. 274 / 2008 Coll.

55) Part seven, Titles III and IV of the Labour Code, as amended. '

footnotes 21 to 23, 23a, 23b and 26 are deleted.

2. The following Section 81a is inserted after Section 81, including footnote 56:

„§ 81a

(1) A vacant member of the town council is entitled to leave of 5 weeks per calendar year, with a maximum of 25 days of leave of between Monday and Friday, unless that day is a holiday).

(2) If the duties of a vacant member of the municipality's representative do not last for the entire calendar year, he shall be entitled to a proportion of the leave, which shall be one twelfth of the annual leave for each and every calendar month of the service.

(3) The remuneration shall not be reduced for the period during which the leave is taken.

(4) The municipality will also provide the vacant member of the council of the municipality with the part of the leave which he did not spend with his employer before being released for public service.

(5) If the vacancy has not been exhausted by a member of the municipality's representative or part of it during the relevant calendar year, he shall be entitled to it until the immediately following calendar year in which it is registered as an unexhausted holiday from the previous calendar year and shall be used as a priority. This entitlement shall no longer be transferred to the next calendar year.

(6) If a member of the municipality's representative who, at the date of termination of office in a work or other equivalent proportion, has not exhausted the proportional part of the leave referred to in paragraph 2 for the calendar year in which the release for the performance of the duties was terminated, the municipality may, on request, grant him compensation for the unspent leave or part thereof. The mobilising employer shall provide the remaining part of the leave for the relevant calendar year which has not been exhausted or replaced. Unspent leave from the previous calendar year shall not be transferred or replaced.

(7) If the vacancy of a member of the council of a municipality who is not in a work or other similar proportion at the date of termination of his duties has not exhausted the proportion of the leave referred to in paragraph 2 for the calendar year in which the vacancy for the performance of his duties was terminated, the municipality shall compensate him for the outstanding leave. Unspent leave from the previous calendar year shall not be replaced.

(8) The compensation for the outstanding leave referred to in paragraphs 6 and 7 shall be determined as a multiple of the number of calendar days for which it is granted and of one-thirtieth of the remuneration due to the vacant member of the municipality's representative on the date of termination of his duties.

(9) Where a vacancy has been exhausted by a member of the municipality's representative to a greater extent than that accorded to him pursuant to paragraphs 1 to 5, the remuneration for each day of the taking-up of leave beyond the legal entitlement shall be considered as an overpayment of the remuneration provided.

(10) The municipal office shall keep a record of the use of the vacations of the members of the council of the municipality. A member of the council of the municipality shall give prior notice of the drawing of leave to the municipal authority through the mayor.

56) Act No. 245 / 2000 Coll., on public holidays, on other holidays, on significant days and on working days, as amended. '

3. In Paragraph 84 (2) (m), the words "as well as the number of long-term vacant members of this council, establish and cancel committees, elect their chairpersons and other members and remove them from office," shall be deleted.

4. In Article 84 (2), the following points (o) and (p) are inserted after point (n):

"(o) determine the flat-rate amount of compensation for the loss of earnings in connection with the performance of the duties referred to in Article 71 (3), decide on the exceptional remuneration referred to in Article 76, on the payments to members of the municipal council pursuant to Article 80 and on the granting of compensation for unused leave to members of the municipal council pursuant to Article 81a (6),

(p) agree to the establishment of an employment relationship between the municipality and a member of the council of the municipality, '.

Points (o) to (x) shall be renumbered (q) to (y).

5. in Paragraph 84 (2) (u), "principles" shall be replaced by "rules."

6. In Paragraph 84 (2), at the end of point (v), the words "commissions and special authorities of the municipality," shall be added.

7. In Article 104 (1), the text "§ 73 (3) and § 79 (1) 'is replaced by" § 72 (6) and § 81a (1)'.

8. In Article 134, paragraphs 3 and 4 are added:

"(3) Implementing legislation provides for a breakdown by size categories of urban districts or urban areas

(a) the amount of remuneration to be paid to the vacant members of the town district council or the town section per month;

(b) the maximum amount of remuneration to be paid to non-released members of the town district council or part of the city district per month.

(4) The size categories of urban districts and urban areas referred to in paragraph 3 are set out in the Annex to this Act. "

9. In Article 153 (1), the text "Sections 72 and 73 'is replaced by" Sections 73 (1) and 134 (3)'.

10. the following Annex to the Act is added:

"Attachment to Act No. 128 / 2000 Coll.

Size categories of municipalities and urban districts and urban areas of territorial subdivided statutory cities

Velikostní kategorie	Počet obyvatel s trvalým pobytem na území obce nebo městské části nebo městského obvodu územně členěného statutárního města
1.	do 300
2.	od 301 do 600
3.	od 601 do 1 000
4.	od 1 001 do 3 000
5.	od 3 001 do 5 000
6.	od 5 001 do 10 000
7.	od 10 001 do 20 000
8.	od 20 001 do 50 000
9.	od 50 001 do 100 000 a územně nečleněná statutární města
10.	od 100 001 do 200 000 a územně členěná statutární města
11.	nad 200 000

“.

Čl. II

Transitional provision

The unreleased member of the council of the municipality, who acts as mayor, the vacant member of the council of the municipality, the unreleased member of the council of the town district or the municipal district, who acts as mayor before the date of the entry into force of this Act, and the vacant member of the council of the town or district district, who, on the date of entry into force of this Act, perform the function of the representative of the municipality or district of the city district to which they were elected before the date of entry into force of this Act, instead of the severance of the severance pursuant to Act No. 128 / 2000 Coll., as effective before the date of entry into force of this Act.

ČÁST DRUHÁ

Change of regional establishment

Čl. III

Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended by Act No. 273 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 231 / 2002 Coll., Act No. 118 / 2010 Coll., Act No. 49 / 2002 Coll., Act No. 626 / 2004 Coll., Act No. 413 / 2008 Coll., Act No. 281 / 2004 Coll., Act No. 234 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 501 / 2004 Coll., Act No. 298 / 2008 Coll., Act No. 305 / 2008 Coll., Act No. 477 / 2008 Coll.

1. In Paragraph 32 (1), the words "employment or other similar relationship 'are replaced by the words" employment or other similar legal relationship'.

2. in Article 35 (2) (o), the words "the number of members of the Board made available, as well as the number of members' shall be deleted;

3. in Paragraph 35 (2) (q):

"(q) to determine the amount of remuneration to non-released members of the council per month;"

4. In Article 35 (2), the following points (r) and (s) are inserted after point (q):

"(r) determine the flat-rate amount of compensation for the loss of earnings in connection with the performance of the duties referred to in Article 46 (3), decide on exceptional remuneration pursuant to Article 51, on transactions for members of the board pursuant to Article 55 and on the granting of compensation for unused leave to members of the board pursuant to Article 56a (6);

(s) agree to the establishment of an employment relationship between the region and a member of the council; ';

Points (r) to (v) shall be renumbered as points (t) to (x).

5. in Article 35 (2) (t), the word "principles" is replaced by "rules" and the text "§ 53" is replaced by "§ 56."

(6) Sections 46 to 56, including footnote 32 to 35, read:

„§ 46

(1) The function of a member of the council

(a) the members of the council elected to the functions designated by the council as the functions for which the members of the council will be released, hereinafter referred to as "the elected member of the council,"

(b) other members of the council (hereinafter referred to as "non-authorised member of the council").

(2) The employer shall provide the non-released member of the representative with leave of absence for the performance of his duties with compensation for wages or salaries; the extent of the time strictly necessary for the performance of the function shall be determined by the county. Reimbursement of wages or salaries, including the corresponding amount of social security contributions and contributions to state employment policy and public health insurance premiums under the special legislation32), shall be paid by the county to the employer.

(3) A non-released member of the representative who is a natural person or person engaged in another self-employed activity shall be compensated by a flat-rate amount for the loss of earnings in connection with the performance of his duties. The flat-rate amount per hour and the maximum amount which may be granted as compensation for the loss of earnings in connection with the performance of the duties in a summary of the calendar month shall be determined by the representative.

(4) The Region may not grant a gift to a member of the council in connection with the performance of the duties of a member of the council, even after the duties have ceased.

§ 47

(1) To the vacant member of the council, the county provides remuneration for the performance of its duties. The remuneration shall be granted from the date of election to the post designated by the Board as the function for which the members of the Board will be released, but first from the date from which the Board has designated it as such.

(2) A non-released member of the council may be remunerated for the performance of his duties. In such a case, the remuneration shall be granted from the date fixed by the representative, but first from the date of adoption of the order of the representative to whom the remuneration was fixed.

(3) In the resolution referred to in paragraph 2, the representative shall determine the amount of remuneration to the non-authorised members of the representative for a month, in whole or in part, taking into account the performance of the individual tasks assigned to each non-authorised member of the representative and their participation in the deliberations of the regional authorities of which they are members in advance. The resolution referred to in paragraph 2 shall cease to have effect by the termination of the term of office of the representative which has provided for the remuneration.

(4) An unreleased member of the council who carries out the duties of captain shall be remunerated by the county in the range of 0,3 to 0,6 times the amount of the remuneration which would be due to the member of the representative who performs the duties of captain. If no remuneration has been set by the representative of the non-released member of the council who performs the duties of Chief Executive, he shall, from the date of election to the office of Chief Executive, receive a remuneration of 0.3 times the amount of the remuneration which would be due to the member of the representative who performs the duties of Chief Executive.

(5) The remuneration shall be granted to the member of the council on a monthly basis. Where a member of the council has served only for part of a month, he shall be remunerated for that month by a factor of one third of his remuneration and the number of calendar days during which he has performed that month.

(6) If a vacated member of the council does not perform his duties because of temporary incapacity for work, mandated quarantine, pregnancy and maternity, childcare under the age of 4 or the care of a member of the household or care of him, he shall not be remunerated unless otherwise provided by this law.

(7) For each calendar day from the fourth to the 14th calendar day of temporary incapacity for work or from the first to the 14th calendar day of quarantine, a remuneration of 60% of one-thirtieth of the remuneration shall be payable to the member of the representative. For the purposes of determining the amount of the reduced remuneration referred to in the first sentence, one thirtieth of the remuneration shall be adjusted in the same way as the daily assessment basis for determining the sickness benefit from sickness insurance (33).

(8) The remuneration fixed in accordance with paragraph 7 shall be reduced by 50% where the sickness insurance scheme is reduced by half. The remuneration of the reduced amount determined in accordance with paragraph 7 and the first sentence for each calendar day shall be rounded up to the full crown.

§ 48

(1) Implementing legislation provides for a breakdown by size category of regions

(a) the amount of remuneration paid to the elected members of the council per month;

(b) the maximum amount of remuneration granted to non-released members of the council per month.

(2) The size categories of regions referred to in paragraph 1 are:

(a) regions with a population of up to 500 000;

(b) regions with a population range of 500 001 to 1000 000;

(c) counties with a population above 1 000 000.

(3) The remuneration of the elected member of the council, who acts as captain, in the county in the region's size category of regions of up to 500 000 inhabitants shall be fixed at least 2,5 times the remuneration of the elected member of the council of the municipality, who acts as mayor, in the municipality in the municipality's size category of municipalities of up to 300 inhabitants. The remuneration of the vacated member of the council, who acts as captain, in the county in the size category of regions over 1 000 000 inhabitants, shall be fixed in such a way as not to exceed the remuneration of the vacated member of the council of the capital of Prague, who acts as mayor of the capital of Prague.

(4) In determining the remuneration of a member of the council, it is based on the population of the council34) who were reported in the county for permanent residence on 1 January of the calendar year in which the elections to the council took place.

(5) If, during the parliamentary term of the council, the number of inhabitants of the region changes by more than 10% by changing the classification of the region in the size category referred to in paragraph 2, it shall belong to the following calendar year as from 1 January

(a) a remuneration to be paid to a member of the council in proportion to the size category of the region;

(b) to a non-authorised member of the council, the current remuneration, unless it exceeds the maximum remuneration for the relevant size category of region, otherwise the maximum remuneration shall be paid.

(6) The reward is rounded to the top of the crown.

§ 49

(1) In the event of multiple functions being combined, the vacated member of the council shall be remunerated for those of his duties for which the highest remuneration is payable.

(2) In the event of multiple functions being combined, a non-released member of the council may be remunerated up to the sum of the remuneration for three different functions. This summary shall include only the remuneration of a member of the Board, a chairman or a member of the Board of Directors, a chairman or a member of the Board or a chairman or a member of a special body. Unless the Board decides to grant the remuneration referred to in the first sentence, the non-authorised member of the Board shall be remunerated for the post for which the highest remuneration approved by the Board is due.

§ 50

(1) To the Deputy President, who, for a period of more than 4 weeks, has consistently represented the third President in full by reason of his absence or at the time of his absence, from the first day of representation, a remuneration equal to that which would have been due to the President during the period in question, if that remuneration is higher.

(2) A member of the Board who has been appointed by the Board to exercise the powers of the President under the second sentence of Paragraph 64a shall be remunerated at an amount which would be due to the President during the period concerned, if this remuneration is higher.

(3) The member of the council, who continues to exercise the powers of the Member State or Deputy Commissioner of the Member State referred to in Article 64b, shall be remunerated until the election of the new Member or Deputy Director of the Member State. A member of a board exercising its powers under § 60 (2) or § 60a shall be remunerated until the new Council has been elected.

(4) A member of the council who is the chairman or member of a special body shall be entitled, on expiry of his term of office, to the remuneration for the duties of the chairman or member of the special body.

(5) A member of the Board of Directors who is a member of the Board of Directors shall, after the end of his term of office, be remunerated for the performance of his duties for the duration of the duties of the Board of Directors referred to in Article 60a.

§ 51

(1) A member of the council may receive exceptional remuneration for the performance of exceptional or particularly important tasks of the county.

(2) The aggregate amount of exceptional remuneration granted to the member of the representative in the calendar year released shall not exceed twice the maximum remuneration due to him during that calendar year for the performance of his duties for the month.

(3) The aggregate amount of the extraordinary remuneration granted to the non-released member of the representative in the calendar year shall not exceed twice the maximum amount of remuneration laid down by law and implementing legislation for the performance of the functions performed by him or, in total, for the performance of his duties in the month.

(4) The proposal to grant exceptional remuneration to a member of the council shall be given as a separate item in the proposed agenda for the forthcoming meeting of the council.

(5) An application for extraordinary remuneration to a member of the council must be justified and discussed as a separate item on the agenda. The reason for the exceptional remuneration must be stated in the order of the representative to whom the exceptional remuneration has been granted.

Citation	Act No. 99 / 2017 Coll., amending Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended, Act No. 129 / 2000 Coll., on Regions (Regional Establishment), as amended, Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended, and other related laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	05.04.2017
Effective from	01.01.2018
Effective until	-
Status	Valid

Act No. 99 / 2017 Coll.

Act amending Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended, Act No. 129 / 2000 Coll., on Regions (regional establishment), as amended, Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended, and other related laws

Contents