254/2002 Coll.
LAW
of 24 July 2003. May 2002,
amending Act No. 221/1999 Coll., on professional soldiers, as amended by
amended
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 221/1999 Coll., on professional soldiers, as amended by Act No.
155/2000 Coll. and Act No. 134/2002 Coll., is amended as follows:
1. In article 2, paragraphs 3 and 4 are added:
"(3) the Official authorities are required to ensure equal access and equal
treatment of all tenderers about the profession in the service (hereinafter referred to as
"the Pretender") and all the soldiers in the creation of conditions of service,
in particular as regards the training and achieve career,
remuneration, other financial transactions and cash values. Is disabled
discrimination against applicants, and soldiers on grounds of race, colour, sex,
sexual orientation, faith and religion, nationality, ethnic or
social origin, property, family, marital and family status and
obligations to the family, pregnancy or maternity or because they
vojákyně breastfeeding. It is prohibited and such conduct of official authorities, which
discriminates not directly but in its consequences. For such
the negotiations shall be treated as incitement to discrimination. Discrimination is
do not consider cases where different treatment is substantive reason
inherent in the nature of the service that the soldier carries, and that is for the
the performance of this essential service.
(4) the institution nor a soldier must not misuse the exercise of rights and obligations
arising out of employment to the detriment of another soldier or to
humiliation of his dignity. For the humiliation of the dignity and
unwanted conduct of a sexual nature and all forms of harassment that
towards violating the dignity of a soldier, creating an intimidating,
hostile, degrading and humiliating or offensive environment, and that
are unwelcome, inappropriate or may be reasonably perceived as the second soldier
as a condition for decisions affecting the exercise of rights and obligations
arising from employment. ".
2. in article 2, paragraph 5 shall be deleted.
Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.
3. in section 2 under the other title I, section 2a shall be inserted, which including
title and footnotes # 1), 1a), 1b and 1 c)) reads:
"§ 2a
Personal information
(1) since the inception of the service into its disappearance process of business
authorities such personal data ^ 1) soldier:
first name and surname), including previous names, and surname, and personal identification
last name,
(b) academic and scientific titles) rank with the dates of their admission
(c) the social security number),
d) address of the place of residence and place of residence,
e) country of citizenship,
f) obtained education,
g) medical fitness for military service, "^ 1a)
h) an overview of the previous employment and service conditions and the
self-employed activities,
I) language skills and tests of them,
j) special abilities, skills, interests and privileges
k) criminal integrity
l) marital status,
m) the names, forenames and addresses of the places of permanent residence and residence of persons
^ 1b).
(2) the evidence referred to in paragraph 1 is a soldier be required to provide valid
papers and documents. An indication of criminal integrity pursuant to paragraph 1.
k) shall be demonstrated a statement of criminal records no older than 6
months.
(3) Service authorities shall keep personal information in a personal file of a solider and
based documents into it and the supporting documents, which demonstrate the veracity and
the accuracy of the personal data. Further lead in the personal file of a soldier's documents and
documents about the course of his employment. Personal data are kept with
the use of computer technology.
(4) a soldier is required to notify the staff of the institution changes in personal
data, within 8 days from the date when the changes occurred.
(5) the Business process in the performance of official institutions the tasks of personal
details of the soldier to the extent arising from this Act. Unless otherwise specified in this
law, shall, in the collection, storage, disclosure,
transfer and other processing of personal information about soldiers and other
natural persons under special legislation. ^ 1 c)
1) § 4 (b). a) of Act No. 101/2000 Coll., on the protection of personal data and on the
amendments to certain laws.
1A) Decree No. 256/1999 Coll., on the assessment of medical fitness to
military active duty.
1B) section 116 of the civil code.
1 c) Act No. 101/2000 Coll., as amended. ".
4. In article 3, paragraph 3. 2 (a). (b)), the word "set" is deleted.
5. § 4 including the title reads as follows:
"§ 4
The selection of the candidates
(1) the selection of candidates is initiated by delivering a written application to the profession to
of service. Selection of staff shall be carried out by the authorities.
(2) fill out a personal questionnaire, disclosure of personal information in accordance with § 2a
paragraph. 1, proof of personal data pursuant to § 2a para. 2 and expression
consent to the processing of personal data are the conditions for the selection of
for the applicant.
(3) the institution shall verify whether the applicant fulfils the conditions laid down in paragraph 3.
The candidate must be informed about the outcome of the selection in writing within a maximum of 6
months from the date of receipt of the request.
(4) prior to the applicant's profession and leaving it to the institution
in writing to get acquainted with the intended date of the formation of the service and the time
its duration, the staff, the inclusion of the place of embarkation, with basic services
weekly length of service and the remuneration arrangements and layouts,
pay date, the length of the annual leave, conditions of service,
the conditions of termination of employment and measures ensuring equal
treatment.
(5) a tenderer who has requested in writing to the service and
He was not called upon the authorities of personal data be kept for business and an indication of the reason for
nepovolání to the service for a period of 50 years. After this period,
These data are destroyed.
(6) the Ministry shall issue a decree for the selection of documents, how to select
and the pattern of the personal questionnaire. ".
Footnote 1) is repealed.
6. in § 5 para. 1, the following point (d)) the following point (e)), which read as follows:
"e) trial".
Subparagraph (e)), and (f)) are known as the letters f) and (g)).
7. in section 5, paragraph 4, the following paragraph 5 is added:
"(5) the trial period is 3 months. The period during which the soldier made the service from
because of the barriers in the service or because of the inability to
an illness or injury, are to be included in the trial period of not more than 10
days. ".
The present paragraph 5 shall become paragraph 6.
8. In section 6 (1). 2, after the words "legal persons", the words "and
organisational components of the State ", after the word" founder "
the words "or the founder" and at the end of the paragraph the following words:
", or in the international and supranational organizations or bodies".
9. in section 6 (1). 6, after the words "legal persons", the words "and
organizational units of the State "and" the founder "are the words
"or the founder".
10. In section 7, paragraph 3, the following paragraph 4 is added:
"(4) a soldier with his consent can be exceptionally created in lower ranks,
than that achieved in the course of employment ".
Paragraphs 4 to 8 shall be renumbered as paragraphs 5 to 9.
11. In paragraph 8, the following paragraph 5 is added:
"(5) the period of service in the ranks prior to the appointment of a soldier in a lower
rank than that reached in the course of employment shall remain
the soldier counted. ".
12. In article 11, paragraph 2, the following paragraph 3 is added:
"(3) a soldier can interrupt the service due to the interruption of studies
or for the performance of functions abroad in international and supranational
organisations or bodies. ".
The former paragraph 3 shall become paragraph 4.
13. in article 16, paragraph 1, including footnote # 5a):
"(1) a soldier can be translated to the performance of the service to another place
service or another service authority, subordination, in the same place
the performance of the service. Other place of service means a municipality, 5a) in which
It has provided the new location of soldier services (hereinafter referred to as "instead of
cross-docking ").
5A) Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by
amended. ".
14. In article 16(1). 2, after the words "service performance", the words "or to
subordination of another institution at the same site the performance of services ".
15. in section 17(2). 2, after the words "its support and" the words
"mental fitness for professional classification," and after the words "health
"with the words" and physical fitness ".
16. in section 18 (a). (f)) is replaced with a comma at the end of a period and the following
letters g), (h)), i) and (j)), including footnote No. 6a):
"(g)) the lapse of citizenship of the Czech Republic,
h) loss of health on the basis of the decision of the review
the Commission, ^ 6a)
I) deprivation or restriction of legal capacity,
j) cancellation of the trial period.
6a) section 36 of Act No. 219/1999 Coll. ".
17. § 19 including title and footnote 7), 7a), 9) and 9a):
"§ 19
Release from service
(1) a soldier must be released from service if
and) has reached the retirement age as defined under the special for men
legislation, ^ 7)
(b)) met the conditions right to old-age pension under a special legal
Regulation 7a) and reached ^ retirement age laid down for men
According to a special legal regulation, ^ 7)
c) ceased to be for health reasons, capable of carrying out the service in
the current classification of the staff, except for health reasons
pregnancy-related, or according to a special legal
prescription ^ 9) is not eligible for another performance of the services in
the staff of the inclusion and there is no other position for him,
(d)) stopped to prepare for the performance of services by studying and not for him, other
status,
(e)) is not for him as a result of organizational changes other status,
(f)) was convicted for an intentional criminal offence to jail
imprisonment,
g) has been convicted of an offence, and its continuance in the staff
the ratio would undermine the seriousness of the armed forces,
h) according to the conclusions of the staff reviews is not eligible for the next performance
services,
I) became a member of the political party, political movement or trade union
the Organization,
j) carries out an activity without the consent of the staff regulations of the authority or
the activities of the representative in accordance with special legislation, ^ 9a) is
a member of the statutory and supervisory bodies of legal entities
operate a business activity, with the exception of membership in statutory
or control bodies of the nestavebních housing cooperatives set up to
management of the housing stock, and legal entities and organisational units of the State,
whose the founder or the founder is a Ministry or other
Administrative Office,
k) submitted an application for release from the service,
l) interrupt service ceased under section 11 and the soldier in
prison service does not continue in accordance with § 12 para. 2.
(2) the service expires 3 calendar months following
After the date of notification of the decision on the release of the service issued by the
the staff regulations of the authority unless agreement established shorter; This does not apply
upon release from the service pursuant to paragraph 1. a) and b), when the
the service ceases on the last day of the calendar month in which the soldier
has complied with the conditions for entitlement to a retirement pension, if the agreement is not laid down
shorter, and pursuant to paragraph 1 (b). k), when the service terminates
the expiry of 6 calendar months after the date of receipt of the
the release, if there is no agreement, the fixed time will be less. The service referred to in
paragraph 1 (b). l) expires 15 days after the day on which the
the soldier should continue in the prison service, if it have not prevented
compelling reasons. The reason set out in paragraph 1 (b). g) must be a soldier
released from service within 6 months from the date when the business
authority of final judgment the learned but not later than 1 year after the
legal force of the judgment.
7) § 32 para. 2 and 3 of Act No. 155/1995 Coll., on pension insurance.
7A) section 29 of Act No. 155/1995 Coll., as amended by Act No. 138/1997.
9) Act No. 148/1998 Coll., on the protection of classified information and amending
certain acts, as amended.
9A) for example, Act No. 455/1991 Coll., on trades
(Trade Act), as amended. ".
Footnote 8) is repealed.
18. in section 20 (2). 1, the words "a soldier must not be of service
released "is replaced by" for the release of soldier of the service
must not be made ".
19. in section 20 (2). 1 (b). a), the words ' a salary in the disease and "are deleted.
20. in section 20 (2). 1 (b)):
"(b)) at the time of pregnancy vojákyně, in the ninth month after childbirth, and in the
when breastfeeding, vojákyně ".
21. in section 20 (2). 1 (b). (d)), after the word "permit" shall be replaced
"the Spa".
22. in section 20 (2). 2 the words "e), and (h))" shall be replaced by ' c), (f)) and i) ".
23. in paragraph 21, the following new section 21a, which including the title reads as follows:
"§ 21a
Cancellation of the service during the trial period
Institution or a soldier can cancel the service during the trial period and
without giving a reason. The service ceases on the last day of the calendar
the month in which it was delivered to a soldier's decision about institution
dismissal on probation or in which the
the staff of the Authority written notification delivered to the soldier on the abolition of the staff
the ratio of the trial period. Decision or written notice of cancellation
leaving the service during the trial period must be served on the other party
not later than 5 days prior to the date when the service lapse. ".
24. In the heading of section 22 and in paragraph 1(b). 1 and 2, the word "extinction" is replaced by
"the release of".
25. In § 25 para. 3 the words "military medical" shall be replaced by
"the review".
26. in § 31 para. 1, the word "service" is deleted.
27. in § 31 para. 2, the word "business" is deleted.
28. section 36 including the title reads as follows:
"§ 36
Short holidays
A soldier may be granted on his application, a short holiday in the range
within 10 days in a calendar year to visit family, if not in the village
the performance of the service apartment and cannot commute daily to the family. Short holidays
in the days that are the usual days of service of the soldier. A short
leave cannot be granted soldier who receives child benefit
housing. ".
29. in § 41 para. 2, after the words "Pregnant vojákyně" the words ",
vojákyně, who is breastfeeding ".
30. In paragraph 41, the following paragraph 6, 7 and 8 are added:
"(6) Vojákyně, who is pregnant, vojákyně to the end of the ninth month after
the birth and vojákyně who are breastfeeding must not take place in any activity that is harmful to its
the body, and an activity that threatens her maternity mission.
(7) Vojákyně, who is pregnant, vojákyně to the end of the ninth month after
the birth and vojákyně, who is breastfeeding, it is obliged to immediately notify and provide
the staff of the authority the operative events for the assessment of disqualification
relating to its staff.
(8) the Ministry in agreement with the Ministry of health shall
by a decree of the activities and workplaces that are prohibited vojákyním, which
are pregnant, vojákyním to the end of the ninth month after childbirth and vojákyním,
that breastfeeding. ".
31. In article 47, paragraph 4 reads:
"(4) a soldier must not practise responsible representative in accordance with
special legal předpisů9a) or be a member of a statutory or
supervisory bodies of legal entities that operate a business
activity, with the exception of membership in statutory or control bodies of the
nestavebních housing cooperatives set up to manage the housing stock, and
legal entities and organisational units of the State, whose founder
or the founder is a Ministry or other Government Department. ".
32. In paragraph 49 (c). (d)) at the end of the dot is replaced by a comma and the following
the letter e), which reads as follows:
"e) learn about the soldiers with military regulations and its changes.".
33. In article 50, the following paragraph 3 is added:
"(3) the President as Commander in Chief of the armed forces down in the military
the order of the detailed arrangements of the military disciplinary law. ".
34. In § 51 para. 2, the second sentence is replaced by the following:
"Authorities with disciplinary powers such misdemeanor shall hear and store
it sanctions and remedies under special laws
legislation. ^ 15) ".
35. In paragraph 56, the word "Save" a comma and the following words shall be deleted;
"or, if a disciplinary penalty has been waived or".
36. In article 59 paragraph 2. 1 to 3, the words "Czech Republic" shall be replaced by
"The Ministry".
37. In article 59 paragraph 2. 2, the word "shall" shall be replaced by the word "required".
38. In article 59 paragraph 2. 2 (a). e), the words "or a flat ' shall be deleted.
39. In article 59 paragraph 2. 3, after the words "their wives," shall be replaced
"spouses" and the words ", where appropriate, to the widows", the words "or
provided to widowers following ".
40. In § 60 para. 5, the first sentence is replaced by the following:
"The obligation to reimburse the costs shall cease, if the service has been extinguished in soldier
pursuant to section 18 (a). (e)), f), (h)) and i) or pursuant to section 19 para. 1 (b). and), (b)),
(c)), and (e)). ".
41. In article 61, paragraph 1 reads:
' (1) in the village of performance of the service or in the village, from which the daily commute
to the place of the regular service performance, ensure the Ministry after a soldier
accommodation for the duration of employment or may secure the apartment. ".
42. In § 61 para. 3 letters and) and (b)):
"and as a result of health) of the staff regulations of the accident or
occupational disease and its service has lapsed pursuant to section 18 (a). (h)),
(b)) was released from the service pursuant to § 7 para. 1 (b). a) and
b),".
43. In § 61 paragraphs 4 and 5, including footnote # 17):
"(4) a soldier who does not live in the staff apartment in the village of its service performance
or in the village, from which it is possible to commute to their place of regular daily
service performance, is entitled to a monthly housing allowance (hereinafter referred to as
"housing allowance"). The addition of housing belongs to of from 1.4 to
1, the minimum wage of 7 ^ 17) (hereinafter referred to as the "coefficients") by the village
the performance of the service and the number of residents living in the place of performance of the service.
Be entitled to housing allowance shall cease upon termination of employment, or
After leaving the apartment in the village of allocation service performance of a soldier or in the municipality,
from which it is possible to commute to their place of regular power service.
Housing allowance, if a soldier does not belong without serious reasons
business apartment secured by the Ministry rejects; also for does not belong
his service as a trainee, on probation for a period of
interruption of service under section 11, or if it is the Ministry of
be covered by the rent for an apartment in the place of the regular performance of services abroad.
The soldier, who is entitled to housing benefit, compensation does not belong as
When travellers or a refund on the daily commute.
(5) the soldier who held a service in the municipality where he/she does not reside in the staff apartment and
where public transportation does not permit daily commute to their place of regular
service performance, ensure the Ministry of property for a consideration.
17) § 111 paragraph. 3 of the labour code.
Government Regulation No. 303/1995 Coll., on the minimum wage, as amended
regulations. ".
44. In paragraph 61, the following paragraph 6 to 9 shall be added:
"(6) the Soldier, who was preparing for the performance of services, with the
accommodation provides free of charge. Accommodation provides the date of
begin study to date of its termination; It does not increase when you go and
stay out of military school, which is not in the interest of the armed forces, and in
drawing the proper time and short holidays.
(7) when travellers and odvelení is a soldier provides free
accommodation.
(8) the Accommodation is provided in military accommodation establishments,
exceptionally, it can provide accommodation for another operator.
(9) the Government Regulation category of municipalities and service performance factors
for the calculation of housing allowance. The amount is rounded up to whole multiples of the
even up. The Government adjusts the regulation of the coefficients when you
change in the minimum wage. ".
45. In paragraph 62, the words ", his wife and their dependent children" are replaced by
the words "and his family".
46. In article 66, the following paragraph 3 is added:
"(3) entitlement to the salary or compensation of salary does a soldier seconded to
performance of services abroad, if his salary is provided from funds
international or supranational organisation or institution. ".
47. In article 68, paragraph 2 reads as follows:
"(2) a soldier is required to return the salary paid for the period of annual leave, or
for her part, which lost a claim or claim to which he did not arise ".
48. In § 69 para. 1, the digit "15 000" is replaced by the figure "30 000" and
the figure "80 000 ' is replaced by the figure" 130 000 ".
49. In article 69, paragraph 2 reads as follows:
"(2) the recruitment post can be a soldier to admit, they undertake to return
paid recruitment post or its proportional part, ceases to exist if its
terminated before expiry of the period of employment
pursuant to section 18 (a). (c)), and (d)) or pursuant to section 19 para. 1 (b). f) to (l)). ".
50. in paragraph 69, the following paragraph 5 is added:
"(5) out of the recruitment allowance will be paid 20% of the soldier after 6
months of duration of employment, but not earlier than after the expiry of the trial
time, 30% after 12 months of duration of employment and 50% after 24
months of duration of employment. ".
51. section 70:
"§ 70
The Ministry shall issue a decree the amount of a recruitment allowance under
education and period of service. ".
52. In paragraph 71, paragraphs 5 and 6, including the footnote No 22), 22a, 22b))
and 22 c) shall be added:
"(5) for the family of the soldier, for the purposes of this Act, shall be deemed to
permanent residence on the territory of the State and to live with the soldier in the household, 22) his ^ ^
the wife (husband), or mate (sort of), and dependent children, and it's own
children, adopted children or children in foster care or education.
For the purposes of this Act, the child is considered a dependent child as defined
special legislation. ^ 22a) to mate (Companion) is as an individual
assessed in accordance with the first sentence, account shall be taken, only is living with a soldier in
household continuously for at least 3 months and if it is recorded (logged in)
at the soldier's permanent residence. ^ 22b)
(6) the municipality service performance means the territory of the municipality, 22 c) ^ ^ that is
their military object, military unit or military equipment or
military rescue unit, in which a soldier is for work.
22) section 115 of the civil code.
22A) section 11 of Act No. 117/1995 Coll., as amended.
22B) Act No. 133/2000 Coll., on registration of the population and the birth numbers and
amendments to certain laws (law on population register), as amended by Act No.
2/2002 Sb.
22 c) section 18 et seq.. Act No. 128/2000 Coll. ".
53. In § 72 para. 1 letter e) is added:
"e) reimbursement of travel expenses for the trip to the place of permanent residence of the soldier
or to the other municipalities of residence of his family agreed in advance between the parent
and the soldier and back, if this is more economical, and it takes a business trip more
than 7 consecutive calendar days, and once a week. ".
54. In paragraph 72, the following paragraph 3 is added:
"(3) a soldier, with which the agreement has been concluded concerning the increase or extension
education, with the exception of full-time study, or soldier seconded to
retraining course belong to the compensation referred to in paragraph 1. Subsistence allowance
belongs for the days of participation in the study or consultation and competing for
days of tests in other than its place of performance
the service or the place of residence. When increasing or extending the education
belongs to the reimbursement of travel expenses referred to in paragraph 1 (b). (b)), and (e)), only
If a soldier is granted a sabbatical. ".
55. In paragraph 73, the following paragraph 4 is added:
"(4) a soldier seconded on a business trip to his place of permanent residence
or place of residence of his family for a period of more than one
calendar day subsistence allowance only for the period belongs to the performance of the service. ".
56. In section 74 para. 3 digit "51" is replaced by the figure "50".
57. In paragraph 74, the following paragraph 5 is added:
"(5) when a business trip, when a soldier belongs to the reimbursement of travel expenses
pursuant to § 72 para. 1 (b). (e)), provides reimbursement of travel expenses in the
the amount of the proven travel expenses for a second class train wagon
or in the bus. Surcharge for higher-quality train, or a substitute for
using a bus, including seat belongs at least 101 km
in one direction, and also belongs to the travel expenses for local public transport
When mass transfers from one means of transport distance
transport to another. The soldier with the prior consent of the parent to
the way to his place of residence or stay in another village of the
the family, which agreed in advance with the parent, and the back other than
business road motor vehicle, has the compensation in the amount of driving
expenditure, which were using the train or long-distance bus
transport. ".
58. In paragraph 76, paragraph 2, including footnote No. 24a) is added:
"(2) the reimbursement of fuel price by a soldier belongs to
fuel proven evidence that the date coincides with the date of the
business travel. Unless a soldier of the price of fuel, the amount shall be calculated
refunds from the average price of fuel set out specific legal
Regulation. ^ 24a) Fuel Consumption is calculated using the arithmetic mean
from the information provided in the certificate of title of a vehicle. If the registration
the vehicle that information does not matter for the reimbursement of a soldier
fuel, only where the fuel consumption of the technical
identification of the vehicle of the same type with the same cubic capacity.
24A) Decree No 445/2001 Coll., amending, for the purposes of the provision of
travel expenses the amount of the rates of subsistence allowance, the rates of basic
compensation for the use of road motor vehicles and above average rates for a
fuel. ".
59. In § 77 para. 1 the words "new place" are replaced by
the words "space fold".
60. In § 77 para. 2, the words "Any soldier" shall be replaced by
"Soldier" and at the end of the paragraph, the following sentence shall be added:
"If a soldier for work being considered as a candidate, the refund as you business
He did not fall. ".
61. In paragraph 77 of paragraphs 4 to 7 shall be added:
"(4) a soldier belongs to a while because of the important interests of the service
daily commute from the village of service performance to the place of permanent residence, the refund
proven travel expenses, or compensation for the use of other than
leaving the road transport vehicle for the journey from the place of the Permanent
residence to the village of service performance and back, but not more than 75% of the daily amount
refunds as when travellers.
(5) a soldier belongs to a while because of the important interests of the service daily
he commutes from a regular place to the place of permanent residence
the family, a substitute in the daily commute, if its absence in the place
permanent residence family due to the employment of at least 11 hours in
calendar day. The daily amount of the refund belongs in the amount of 25% of the daily
the amount of compensation as in the travellers. If the soldier for work included
as a candidate, a substitute in the daily commute does not belong to him.
(6) compensation as a substitute during a business trip or with daily commuting
a soldier does not belong, if he provided free meals.
If a soldier provides partial refunds as free meals,
When the travellers are in proportion to running out and substitute in the daily commute
does not belong.
(7) a soldier, who after the transfer operates outside of their place of
residence and cannot commute daily, belongs to the reimbursement of travel expenses
for the journey from the place of residence to the place of the transfer back of
fare mass means of transportation. Replacement
travel expenses for a maximum of five times per month, belongs to a soldier who lives in
households with at least one member of a family, and once a month
the other soldiers. Executes when a soldier from the place of residence of the path to the
space property instead of the path to the point of transfer, you can give him
compensation for proven travel expenses, up to the amount of the fare for the journey
from the place of residence to the place of transfer. Similarly, if the
on the same calendar day belongs to a soldier's recovery of proven driving
expenses from the place of residence to the place of accommodation and at the same time replacement
travel expenses from the place of transfer to the place of accommodation. The same is true when
the road from the place of accommodation to the place of permanent residence. Refunds shall be granted
under section 74 para. 5. ".
62. In § 77 para. 8, the words "its performance services" shall be replaced by
"cross-docking".
63. In section 77, paragraph 9 is added:
"(9) Compensation in accordance with paragraphs 2 to 8 of the soldier belonged to the date
following the date on which the
and he moved to the village of) the performance of a service,
b) qualify for a housing allowance, or
(c) perform a service) began at the point that it was intended as a regular
the place of performance of services abroad. ".
64. In paragraph 79, at the end of paragraph 2 the following sentence:
"A soldier with a regular place of services abroad does not belong
subsistence allowance for the period of business in the territory of the Czech Republic and in the country where
It has established a regular place of performance of the service. ".
65. In § 81 paragraph 3 reads:
"(3) If a foreign business trip in calendar day 12 and less
hours, a meal allowance in the amount of foreign currency, which shall be a multiple of
Twelfth half the basic rate of subsistence allowance in the amount of foreign currency and the number of
whole hours in foreign business trips spent outside the territory of the United
of the Republic. During business trips abroad spent outside the territory of the United
Republic, which lasts less than 1 hour, meal allowance in a foreign currency
does not belong. ".
66. In paragraph 81, at the beginning of paragraph 4, the following new sentence:
"When you provide free meals meals do not belong".
67. In paragraph 85, after the words "requests", the words "in the business".
68. In § 86 para. 1 the words "under this Act" are replaced by the words "when
Travellers ".
69. the following section is inserted after section 87 87a:
"§ 87a
Entitlement to travel and other compensation does not arise when a soldier seconded to performance
services abroad, if they are provided from the resources of the international
or supranational organisation or institution. ".
70. In paragraph 88, the words "sums", the words ", the amount of the refund
the daily commute ".
71. the following section is inserted after section 88 88a, which reads as follows:
"section 88a
Travel and other compensation pursuant to § 71 to 89 can be paušalizovat. When calculating the
the lump sum is based on institution of the average conditions of the relevant
for the granting of compensation by a soldier or a group of soldiers. If the changes
the conditions under which the lump sum was established, the institution
obliged to review and adjust this amount. ".
72. section 89:
"§ 89
The Ministry shall determine by Decree the amount of and procedure for the allocation of travel
compensation and refunds for the profession in the service and on transfer ".
73. In paragraph 90, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) If travellers provides a soldier instead of a free
boarding compensation in money, the soldier only entitled to subsistence allowance or
a refund in cash, depending on what is more convenient for him. ".
74. In § 92 para. 1, the second sentence is replaced by the following:
"Upon termination of employment pursuant to section 18 (a). a), h), (i)) and (j)) or
pursuant to section 19 para. 1 (b). a), b), c), (e)), h) and k) will provide the soldier
free transport to the place of permanent residence or the border crossing on the
the territory of the United States. ".
75. In paragraph 92, at the end of paragraph 2 the following sentence:
"The soldier with the prior consent of the superior to the path by
paragraph 1, other than a business road motor vehicle, has the
reimbursement of travel expenses, which were using the train
or bus transportation. ".
76. In paragraph 97, after paragraph 4, the following paragraph 5 is added:
"(5) a soldier who performs a service in a foreign country, the preventive
rehabilitation does not provide. ".
The present paragraph 5 shall become paragraph 6.
77. section 98 including title and footnote No 27a) reads as follows:
"§ 98
The obligations of parent
(1) taking care of safety and health of soldiers in the performance of services
ensure business authorities. Service authorities are required to provide
safety and health of soldiers in the performance of services with regard to the
the risks associated with possible threats to their life and health (hereinafter referred to as
"risk"), and to adopt measures for the prevention of risks; This obligation shall
also apply to other physical persons who are staying with their knowledge
in areas for which they are responsible.
(2) risk prevention means all the measures, which are aimed at
ensure the safety and health of soldiers in the performance of services, and
the measures, which aim to prevent risks, delete or
to minimize their exposure. Service authorities are required to risk
Search, to discover their causes and sources. For this purpose, are
are required to periodically check the safety and health of soldiers in
the performance of the service.
(3) the adoption and implementation of technical, technological,
organizational and other measures to prevent risks are based on business
authorities from general preventive principles which are
and reduction of risk)
(b)) the removal of risk at source of origin,
(c) adaptation of the terms of service) to the needs of soldiers in order to reduce
exposure to the negative effects on their health service performance,
(d)) in the implementation of risk prevention planning.
(4) the authorities are also required to Service
and the training of the soldiers) to ensure that laws, regulations and internal
normative acts, to ensure the safety and health of soldiers in
service performance, periodically verify their knowledge of, require, and
compliance,
(b)) to ensure soldiers according to the needs of the service performed where appropriate
intervals sufficient and adequate information and internal normative acts
about the health and safety of soldiers in the performance of services; pregnant
vojákyně, vojákyně to the end of the ninth month after childbirth and vojákyně, which
breastfeeding, to inform about the risks associated with the performance of the services and of the measures to
protection of their safety or health,
(c) keep records of the training courses), information and internal normative
acts to the safety and health of soldiers in the performance of services,
d) take the necessary measures for first aid,
e) to prevent the soldier carries out service, whose performance should
his medical certificate,
f) ensure compliance with the smoking ban laid down by a specific legislative
regulations, ^ 27a)
g) adapt to pregnant and breastfeeding women, vojákyním area for their
relaxation,
(h)) to ensure the management and storage of medical and other documentation about the
business, or accidents at work and occupational diseases,
I) provide soldiers with personal protective equipment, if required
performance of a service, to keep them in the použivatelném State, and to exercise control
their use,
j) provide soldiers washing, cleaning and dezinfenkční means, if
This requires the performance of a service.
(5) the costs associated with the care of the health and safety of soldiers in the
the performance of services shall be borne by the Ministry.
27A) for example, Act No. 37/1989 Coll., on protection from alcoholism and
other addictions, as amended. ".
78. In paragraph 116 (a). (f)) is replaced with a comma at the end of a period and the following
the letter g) is added:
"g) compensation for the damage".
79. In § 117 paragraph 1. 1 the words "salary" shall be replaced by
"the refund in the amount of salary pursuant to § 68 para. 3. "
80. in § 117 paragraph 1. 2 the word "salary" is replaced by "compensation
When piece measures under § 68 para. 3. "
81. In paragraph 119, paragraph 2, including footnote No. 34a):
"(2) To pay reasonably incurred costs associated with treatment has
entitled one who have incurred these costs. This compensation shall be provided in the
the amount after deduction of transport costs and travel expenses
granted under special legislation. ^ 34a)
34A) § 36 and 37 of Act No. 48/1997 Coll., on public health insurance, and
amending and supplementing certain related laws. ".
82. In paragraph 120, the following paragraph 5 is added:
"(5) a one-time extraordinary compensation belongs only once, at a level which
It is more advantageous for a soldier. "
83. In paragraph 122, the following shall be added at the end of paragraph 1 the following words: ";" section 119 paragraph 1.
2 last sentence shall apply mutatis mutandis. "
84. In paragraph 125, at the end of paragraph 1 the following sentence:
"If there is no surviving spouse or surviving children or persons who have been
have to rely on the soldier's nutrition, belongs to a one-time extraordinary compensation
survivors in the amount specified in the sentence of a third soldier's parents. ".
85. In article 132, paragraph 1 reads:
"(1) the soldier whose service has lapsed pursuant to section 18 (a). a), h) and (i))
or according to § 19 para. 1 (b). a), b), c), (e)), and (g)) to (l)), shall be entitled to
výsluhový post if his service lasted for at least
15. ".
86. In article 134, paragraph 1 including the footnotes # 37), 37a) and 38)
added:
' (1) in the overlapping entitlement to výsluhový post with entitlement to full
disability or partial disability pension or old-age pension ^ 37)
pension insurance is výsluhový allowance shall be paid only if the
more than one of these pensions, amounting to the difference between the
výsluhovým contribution and retirement. The difference is determined at the date of granting
old-age pension, full disability pension or partial
the invalidity pension concurrently with earnings or pension increases from
pension insurance, ^ 37a) until the day when 2 years have elapsed since the
entitlement to an old-age pension from the pension insurance; ^ 38) from this
the day belongs to the výsluhový post the difference between belonging
retirement and výsluhovým contribution to this day and continues to
separately increases pursuant to § 137 without taking into account the amount of the pension. When
determination of the amount of the contribution výsluhového in parallel with my pension from the pension
insurance up to 2 years after the establishment of the right to an old-age pension is always taken into account
to the full amount of the contribution výsluhového.
37) section 29 to 31 of Act No. 155/1995 Coll., as amended.
37A) section 67 of Act No. 155/1995 Coll.
38) section 29 of Act No. 155/1995 Coll., as amended. ".
87. In article 135 paragraph. 2, after the words "employment" shall be replaced
"members of the security forces".
88. section 138:
"§ 138
A soldier whose service has lapsed pursuant to section 18 (a). a), h) and (i)) or
pursuant to section 19 para. 1 (b). a), b), c), (e)) and g) to (l)), or a soldier who
in compliance with the conditions laid down for entitlement to výsluhový post
not entitled to the payment, is entitled to surrender. ".
89. In paragraph 139, the following paragraph 3 is added:
"(3) if the soldier in the previous termination of service
paid to surrender or at the end of another paid service
severance grants, each time the demise of leaving surrender
reduced by the amount of the surrender value or severance payments, which were paid in
the previous termination of service. The absence in the first sentence
previously paid to the mutual settlement or surrender severance grants with
the newly-joined odbytným, the surrender does not belong. ".
90. in § 140 para. 1, the third sentence shall be deleted.
91. In § 140 para. 2 the first sentence, the words "release of" be replaced by
the word "extinction".
92. In § 141 para. 2, after the word "children" the words "referred to in
paragraph 1 ".
93. In § 142 paragraph 2. 4, the words "this Act" are replaced by the words "in this
part of the Act ".
94. In paragraph 143, paragraph 3 reads:
"(3) the average monthly gross salary is determined from the salaries of the staff regulations
the ratio of the soldier for the last calendar year prior to termination of employment
(hereinafter referred to as the "qualifying period"). If the service for less
than 1 year is a decisive period for determining average monthly
the gross salary of the whole duration of the service. Termination of the service
the ratio on the last day of the calendar year is a decisive period of this
calendar year. If he was a soldier in the service of the relevant period
interrupted pursuant to § 11 and a soldier after the break in the staff ratio
does not continue, it is a decisive period of the calendar year preceding that of the
interruption of service. The previous sentence shall apply mutatis mutandis in determining
to disposition under section 10, paragraph 1. 2 (a). (e)), and (g)), if after the end of
the disposition of the soldier did not take place for at least 1 calendar year of service. If there was a
paid sick leave during the relevant period or financial assistance by the
specific legislation, ^ 4) ^ 10) shall be calculated výsluhové Essentials
the average monthly gross salary which would have belonged to payday
sickness or financial assistance. The amount of the average monthly
gross salary of a soldier who held the service abroad, shall be calculated according to the
the average monthly gross salary of a soldier with a comparable professional
enrolment in the armed forces of the Czech Republic or from the vesting period
before sending abroad, whichever is more convenient for a soldier. "
95. In paragraph 143, paragraph 4, including the footnotes # 42a and 42b)) reads:
"(4) the remuneration provided by the soldier under special legislation ^ 42a)
during the relevant period are counted in the average monthly gross
salary up to twice the salary provided for pay assessment
valid on the first day of the vesting period. In the calculation of výsluhových
the formalities shall be disregarded
and the cutbacks in salary on) suspended service performance,
(b)) to rewards provided in the completion of 50 years of age and to rewards
provided the first termination of employment after having been granted full
the invalidity pension or after the acquisition of entitlement to old-age pension,
c) gifts under special legislation, ^ 42b)
(d)) to doplatkům salaries charged for the period before the merger
period.
42A) section 11 (b). and to) Government Regulation No. 79/1994 Coll., on salaries
employees of the armed forces, security forces and services and authorities
the customs administration, members of the Corps and employees of certain fire protection
other organisations (staff salary regulations), as amended by Decree-Law No.
327/1996 Coll.
42B) § 14 of the Decree No. 114/2002 Coll. on the Fund for cultural and social
needs. ".
96. In section 143, paragraph 6 is added:
"(6) the period from the release of the soldier from the service pursuant to § 7 para. 1
(a). (e)) to the period of service is to be eligible for
výsluhové requirements included one half; to the increased course-unit credit
the period of service referred to in paragraph 1 shall be disregarded. Výsluhové Essentials
the soldier, who was appointed to a lower rank pursuant to § 7 para. 4 may not
be lower than the výsluhové elements, which would have been entitled at the date of
appointment to a lower rank. ".
97. In § 143 of paragraph 1. 7 "h) to (j)), and (b). l) and § 19 para. 2 (a).
(c)) "shall be replaced by" g) and i) to (l)) "and the words" (a). g) "shall be replaced by
the words "(a). (h)) ".
98. In paragraph 8 of section 143, including footnote # 42 c) is added:
"(8) the recipient výsluhového the contribution payer is obliged to notify this
doses up to 8 days, the creation of full or partial invalidity or admission to a
service under special statutory předpisů39) or the creation of
entitlement to the payment of benefits sickness care in the armed forces according to the
special legislation. ^ 27) unless the recipient výsluhového
contribution in the event that he became fully or partially invalid, on the
granting of full disability or partial disability pension, or
not later than 2 years after reaching the age required for entitlement to
old-age pension from the pension insurance ^ 42 c) about retirement
the pension payout výsluhového contribution will stop. However, if so requested by the
recipient of the výsluhového contribution for the award of old-age pension later
the difference in the manner specified under § 134 para. 1 the second sentence, and
any difference výsluhového contribution is payable.
42 c) § 32, 74, 76 and 94 of the Act No 155/1995 Coll., as amended
regulations. ".
99. In paragraph 164 of paragraph 1. 4, the words "(a). (d)) "shall be replaced by" subparagraph (a). (e)) ".
100. In paragraph 165, paragraph 1 reads:
"(1) the soldier whose service has lapsed pursuant to
section 18 (a)). a), h), (i)) and § 19 para. 1 (b). a), b), c), (e)), and (g)),
(b)) § 19 para. 1 (b). (h)), k) and (l)) and has complied with the commitment to service by
provisions in force before 1 January 2005. in December 1999, or held military active
the service for at least 20 years,
You can place výsluhového contribution pursuant to § 132 and the allowance under section
140 select entitlement to výsluhový post and severance grants according to the rules
valid from 1. December 1999; a soldier belongs to výsluhový contribution and
severance, as if he was released from service in accordance with the laws of the
valid from 1. December 1999 for organizational reasons. ".
101. In paragraph 165, paragraph 4 shall be deleted.
Paragraphs 5 to 9 shall be renumbered as paragraphs 4 to 8.
102. In § 165 paragraph. 8, the words "(a). (d)) "shall be replaced by" subparagraph (a). (e)) ".
Article II
Transitional provision
The provisions of § 165 paragraph. 1 to 3 of Act No. 221/1999 Coll., on soldiers from the
profession, as amended by this Act, shall expire on 30 September.
November 2004.
Article. (III)
The effectiveness of the
This Act shall take effect on the date of publication.
Klaus r.
Havel, v. r.
Zeman in r.
