159/2010 Sb.
LAW
of 22 March. April 2010,
amending the Act No. 563/2004 Coll. on pedagogic workers and about
amendments to certain laws, as amended, law No 227/2009
Coll., amending certain laws in connection with the adoption of the law on
Basic registers, as amended, and Act No.
111/1998 Coll., on universities and amending and supplementing other acts
(law on higher education), as amended
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act of teaching personnel
Article. (I)
Act No. 561/2004 Coll. on pedagogic workers and amending certain
laws, as amended by law no 383/2005 Coll., Act No. 179/2006 Coll., Act
No 264/2006 Coll., Act No. 189/2008 Coll., Act No. 384/2008 Coll., Act
No 223/2009 Coll., Act No. 227/2009 Coll. and Act No. 422/2009 Coll.,
be amended as follows:
1. In article 1 (1). 1, after the words "the", the words "working hours".
2. In article 1 (1). 2 the words "social care" shall be replaced by "social
services ".
3. Footnote 2 shall be deleted, and that including a link to the note
below the line.
4. In article 2 (2). 1 part of the first sentence: "after the semicolon is an employee
a legal person who carries out the activities of a school, or an employee of the State,
or the principal of the school, if not to the legal entity performing activities
schools in the employment relationship or is not an employee of the State. ".
5. In article 2 (2). 1 the words "social care" shall be replaced by the words "social
services ".
6. In article 2 (2). 2, letter a) the following new subparagraph (b)), which read as follows:
"(b)) in the device for the further training of teaching staff,".
Subparagraph (b)) to (h)) shall become point (c)) to (i)).
7. In part one, title II, title of piece: "the conditions for the exercise of
the activities of the pedagogical worker and the preconditions for the exercise of business
the Director of the school ".
8. In headings 3 and 5, the word "function" shall be replaced by "activities".
9. in section 3, paragraph 4 is added:
"(4) in the course of the duration of the employment relationship is a pedagogical worker
obliged to inform within 10 working days the Director of school or
Director of social services that he was finally convicted
for a criminal offence, which could lose the presumption of integrity; into one
months from the effective date of the judgment shall provide pedagogical worker
new extract from the criminal register. ".
10. in § 5 para. 2 and in section 32a, the word "function" shall be replaced by
"activity".
11. in § 9 para. 3 (b). (b)), after the words "in the field" shall be replaced
"education".
12. in § 9 para. 4, the words "fields of study" is replaced by "fields
education ".
13. in paragraph 9, at the end of paragraph 5, the following sentence is added: "It is
does not apply to teachers of vocational training of health care education,
who gets the professional qualifications of education referred to in paragraphs 3 and 4. ".
14. in section 11 (1) 2 (a). (b)), after the words "in the field" shall be replaced
"education".
15. In article 11 (1) 3 the words "fields of study" is replaced by "fields
education ".
16. in article 15, including the title, the words "social care" shall be replaced by
"social services".
17. in paragraph 15, the word "next" is replaced by "for another".
18. In article 16(1). 2 (a). and), after the words "for educators"
the words "or social pedagogy".
19. in paragraph 22 of the paragraph. 2 the words "character of the Czech language" shall be replaced by "of the Czech
sign language ".
20. in section 22, the following paragraph 3 is added:
"(3) a pedagogical worker who carries out direct educational activities,
for which the professional qualifications, to a greater extent hours direct
pedagogical activities, than half of him range hours
pursuant to § 23 para. 1 for the purposes of employment meets the presumption according to §
3 (2). 1 (b). b).“.
21. in title III of part one is: "WORKING TIME and DIRECT
TEACHING ACTIVITIES ".
22. under the first paragraph of title III, the following is inserted before the 23 § 22a
including the title reads as follows:
"§ 22a
Working hours of teaching staff
(1) the teaching staff concerned working hours
and direct educational activities),
(b)) work related to direct educational activities.
(2) a pedagogical worker is required to be at the workplace of the employer in
the time schedule laid down his direct teaching activities, at the time of
set out the timetable of its supervision of children and pupils, at the time of the representation
another educational worker and in the cases determined in accordance
the labour code, the employer.
(3) in the case of the performance of other work than referred to in paragraph 2, shall exercise
teachers work in working time, which itself
schedules are, and on the site that you specify. Costs that teaching
the worker incurred solely in connection with the performance of work on another
place than the workplace of the employer in the first sentence, shall not be considered
for the costs incurred in connection with performance of dependent work, and if it is not
unless otherwise agreed, shall be borne by the pedagogical worker. ".
23. in paragraph 23 of the paragraph. 1 the words "social welfare" shall be replaced by
"schools with year-round operation and the Director of social services".
24. in paragraph 2 of article 23. 2 the second sentence, the words "or permits" be deleted.
25. in paragraph 23 of the paragraph. 3 the words "social care" shall be replaced by "social
services ".
26. in article 23, paragraph 4, including the footnotes # 8b and 8 c is inserted:
"(4) for direct educational activities over the range of hours provided for
Director of the school of social services or the device is deemed to be performed
direct teaching activities referred to in paragraph 3 and in the case that a pedagogical
the worker has not determined the scope of the Director of the weekly hours direct
pedagogical activities resulting from the weekly schedule of direct teaching
activities, because at the time, assessed as the performance of the work ^ 8b),
direct educational activities engages in, or place of direct
pedagogical activities performed work related to direct teaching
activities. The teaching staff with shorter working time is the direct
educational activities of the established range of direct teaching activities
excess weekly hours of direct teaching activities
the corresponding fixed weekly working time ^ 8 c); These pedagogical
workers cannot be the holding of direct teaching activities of the established
range required.
8B) § 348 of the labour code.
8 c) of section 79 of the labour code ".
27. in the heading of title IV of part one, the words "social welfare" are replaced by
the words "social services".
28. in § 24 para. 1 the word "secure" is replaced with "keep".
29. in § 24 para. 5 at the end of the text, the word "organized" is replaced by
"the claimant".
30. Footnote 9 is added:
"9) § 231 para. 1 of the labor code. ".
31. in § 24 para. 7, after the words "operational reasons", the words "or
participation in further education, a pedagogical worker referred to in paragraph 1
or 2 "and the words" or permits "shall be deleted.
32. In paragraph 24, at the end of paragraph 7, the following sentence "time off in the first sentence
for employment purposes, considered to be an obstacle to the work of the
employee. ".
33. In article 24, the following paragraph 8, which including the footnotes.
9A is added:
"(8) for further training of teaching staff is not considered
retraining under a special legal regulation ^ 9a).
9A) Act No. 435/2004 Coll., on employment, as amended
regulations. ".
34. In paragraph 32 (c)):
"(c)) if at the time of the basic employment relationship
not carry out any high school for teaching technical subjects in Central and
higher vocational school, an accredited master's degree program
the relevant study; in this case, obtaining the highest
accessible education in a relevant discipline is considered a prerequisite training
qualifications for employment purposes have been fulfilled. ".
35. section 33 is added:
"§ 33
Director of the school set up by the Ministry, region, community or Union of municipalities,
that did not gain knowledge in the field of management education by completing the study
for the Director of schools within the framework of adult education teaching staff
According to § 24 para. 4 (b). and activity) and principal of the school on the date of
entry into force of this Act, may exercise this activity for a maximum of
period of 5 years from the date of entry into force of this Act, if it does not
the activities of the principal of the school for at least 10 years. ".
Article. (II)
Transitional provisions
1. Professional qualifications obtained in accordance with Act No. 563/2004 Coll., as amended by
effective until the date of entry into force of this Act, shall not be affected.
2. Professional qualifications obtained from the study, which was initiated before the date of
entry into force of this law, shall be assessed in accordance with Act No. 563/2004
Coll., in the version in force until the date of entry into force of this Act.
PART TWO
Changing the law amending certain laws in connection with the adoption of the
the law on basic registers
Article. (III)
In Act No 227/2009 Coll., amending certain laws in relation to
the adoption of the law on basic registers, as amended by Act No 291/2009
Coll. and Act No. 306/2009 Coll., is part of the hundred of the sixties (Amendment of the law on
teaching personnel), including the title.
PART THREE
Amendment of the Act on higher education
Article. (IV)
Act No. 111/1998 Coll., on universities and amending and supplementing other
laws (law on higher education), as amended by Act No. 211/2000 Coll.
Act No. 143/2001 Coll., Act No. 361/2003 Coll., Act No. 96/2004 Coll.
Act No. 121/2004 Coll., Act No. 435/2004 Coll., Act No. 480/2004 Coll.,
Act No. 561/2004 Coll., Act No. 340/2005 Coll., Act No. 552/2005 Coll.
Act No. 159/2006 Coll., Act No. 165/2006 Coll., Act No. 309/2006 Coll.
Act No. 624/2006 Coll., Act No. 261/2007 Coll., Act No. 296/2007 Coll.
Act No. 189/2008 Coll., Act No. 110/2009 Coll. and Act No. 419/2009
Coll., is amended as follows:
1. in section 40 para. 2 the words "pursuant to section 91 paragraph 2. 2 (a). (d)) "are replaced by
the words "under section 91 paragraph 2. 2 (a). (e)) ".
2. In section 47b para. 1 the first sentence, after the words "and", the words
"the record of the progress and".
3. § 68 para. 3 in the last sentence, the words "in subparagraphs (a) to (e)))"
shall be replaced by the words "in subparagraphs (a) to (f)))".
4. In article 70, paragraph 4, the following paragraph 5 is added:
"(5) only a professor or Associate Professor, which is the academic worker
the College referred to in paragraphs 1 and 2, can only guarantee under section 79
paragraph. 1 (b). (c)) the quality and development of the training programme undertaken
the University (or its components). ".
Paragraphs 5 and 6 shall be renumbered as paragraphs 6 and 7.
5. § 79 paragraph 2. 1 at the end of the text of subparagraph (c)), the words "including
garantovi data of the study programme ".
6. In paragraph 87 for the letter i) the following point (j)), which read as follows:
"(j)), in particular for the purpose of detecting the facts in proceedings
matters of accreditation, in electronic form are associate professors and professors registry
employed in public and private universities that contains about
those employees, in particular:
1. the name or name, last name, social security number, if assigned,
date of birth and place of residence of the employee; foreigners also
gender, place of residence in the Czech Republic and national citizenship,
2. information about the higher education employees, about his
academic titles, scientific and scientific-pedagogical ranks
titles, including the placing of programmes or fields in which were the titles and
the rank obtained,
3. information on the establishment, change and termination of employment, or
employment relationships, employees of the high school, including information on the range of
the work, in terms of hours of work per week,
Alternatively, for the calendar year, or other appropriate term, and, on the
which is the employment relationship with the University has been concluded,
4. details of the classification as an associate professor or Professor; When
pooling, use and other processing of information is the Ministry of
entitled to itself, or its designee, through the use
social security numbers of employees registered in the registry; the structure of the information
sentence operated database and its technical terms
the Ministry, as well as a period in which public and private high
the school shall notify the Department of changes in data relating to their
employees ".
Subparagraph (j))) are known as letters to) up in).
7. In § 95 para. 1, the fourth and fifth sentences shall be replaced by "the Ministry
can the military college to provide aid for scholarships pursuant to § 91
paragraph. 2 (a). (e)) or under section 91 paragraph 2. 3 granted to students
study programmes in the field of security studies, who are not
soldiers in active service; the conditions for their use of subsidies, and clearing up
subject to the General provisions for the management of the resources of the State budget. "
PART FOUR
The EFFECTIVENESS of the
Article. In
This Act shall take effect on the first day of the second calendar month
following the date of its publication.
Vaidya in the r.
Klaus r.
Fischer v. r.