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Amendment Of The Act On The Pedagogical Workers And Change Other Laws

Original Language Title: změna zákona o pedagogických pracovnících a změna dalších zákonů

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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.