The Act Of 9 April 2010. The Prison Service

Original Language Title: USTAWA z dnia 9 kwietnia 2010 r. o Służbie Więziennej

Read the untranslated law here: http://www.infor.pl/akt-prawny/1008515,ustawa-o-sluzbie-wieziennej.html

Chapter 1, the prison service Tasks Art. 1. [Prisons] the Prison Service is a uniformed and armed formation of the apolitical in the subordination of the Ministry of Justice, which has its own organizational structure.

Article. 2. the [task of the prison service and Prison Policy Council] 1. The prison service is realized on the principles set out in the Act of 6 June 1997 – Kikwit (OJ. 557, as amended.) tasks in the exercise of preventive detention and imprisonment penalties and coercive measures resulting in a deprivation of liberty.

2. The basic tasks of the prison service: 1) impacts of prison and correctional facilities to persons sentenced to imprisonment, primarily by organising work in favour of acquiring professional qualifications, teaching, educational and cultural activities, activities from the scope of the physical culture and sports and specialist therapeutic interactions;

2) the exercise of preventive detention in a valid security proceedings criminal with a crime or tax offence;

3) persons sentenced to imprisonment or temporarily arrested, as well as individuals, to which they are performed custodial and coercive measures resulting in the deprivation of liberty, respect for their rights, and especially the humanitarian living conditions, respect for the dignity, health and religious;

4) humane treatment of persons deprived of their liberty;

5) the protection of the public against the perpetrators of the offences or crimes of tax embedded in the prisons and prisons;

6) provision in prisons and prisons order and security;

7) executing on the territory of the Republic of Poland detention and imprisonment penalties and coercive measures resulting in a deprivation of liberty if they are to be carried out in prisons and prisons and if the result of the implementation of the judgment delivered by the competent authority;

8) interaction with the relevant formations of other countries and with international organisations on the basis of agreements and international agreements.

2A. The Prison Service leads the Panel of monitoring, referred to in article 1. to 43f § 1 paragraph 1 of the law of 6 June 1997 – Kikwit, in the case of entrusting these duties by the Minister of Justice.

3. the advisory body of the Minister of Justice in the field of the tasks referred to in paragraph 1. 1 and 2, it is Prison Policy Council.

4. the Prison Policy Council consists of representatives of the Ministry of Justice, the prison service, science and non-governmental organizations. The members of the Council shall appoint the Prison Policy for four-year terms and referenced by the Minister of Justice.

5. The tasks of the Prison Policy Council in particular: 1) initializing the new directions of the impact of prison facilities;

2) to assess the current prison policy;

3) initiating, conducting and supporting research on the tasks of the prison service;

4) initiate and support projects aimed at improving the safety of the officers and employees of the prison service and the persons referred to in paragraph 1. 2, paragraph 3;

5) presenting opinions on matters submitted by the Minister of justice related to its competence laid down in this Act.

6. The Minister of Justice shall determine by way of interlocutory procedures, organisational chart Prison Policy Council.

Article. 3. the [name and design logo service] 1. The name "Prisons", "SW", and a graphic symbol, the prison service exclusively, referred to in article 1. 1.2. The Minister of Justice shall determine, by regulation, the pattern of the graphic symbol the prison service, in particular taking into account the shape and colour of the mark and the detailed rules for its application, with a view to creating a coherent visual identity system the prison service.

Article. 4. [interoperability and cooperation the prison service] 1. The prison service interacts with the State bodies and local authorities, associations, foundations, organisations and institutions, aimed at cooperation in the implementation of a sentence of imprisonment, as well as with churches, religious associations, universities and research institutions and individuals worthy of trust.

2. The Prison Service has been on the head of the National Centre for Criminal Information to the extent necessary for the implementation of its tasks.

3. The Prison Service has the right to receive criminal information from the National Criminal information centre to the extent necessary to carry out its tasks.

Article. 5. [part interoperability administrations, local government and the State of the organizational units of the Prison Service of] Bodies of State administration, local government and State agencies are required to interact with the organizational units the prison service to the extent and on the terms specified in the law.

Article. 6. [source of funding for the prison service] the costs associated with the operation of the prison service are covered from the State budget.



Chapter 2 organisation of the prison service Article. 7. [the prison service Authorities] the prison service Authorities are: 1) the Director General of the prison service, hereinafter referred to as "the Director General";

2) Director of regional prison service, hereinafter referred to as the "District Director";

3) Director of the prison and the Director of the detention center;

4) Commandant of the prison service Training Centre, the Commander of the prison service training and commanding the improvement of prison service personnel.

Article. 8. [OUs prison service] 1. Organizational units of the prison service, hereinafter referred to as "agencies", are: 1) the Central Board of the prison service;

2) district labour inspectorates prison service;

3) prisons and jails of inquiry;

4) the central prison service training center and the prison service training centres and centres of excellence for prison service personnel.

2. within the framework of the organizational units referred to in paragraph 1. 1, paragraph 3, may, if need be, run schools and medical entities within the meaning of the provisions on medical activities, and within the framework of the organizational units referred to in paragraph 1. 1 paragraph 4 – entities.

3. In the organizational units can be created departments, divisions, branches, teams and activities, in particular as regards the impact of the penitentiary, specialized therapeutic impact, teaching and training, pastoral activity, employment, administrative acts related to the exercise of a sentence of imprisonment, protection, defence, the fight against acts that may threaten the order and safety, ensure appropriate living conditions and social assistance, health care and sanitation, as well as the uniform stores and warehouses.

4. Organizational units referred to in paragraph 1. 1 paragraphs 3 and 4, may have subordinate branches located in the same or another.

5. Organizational units referred to in paragraph 1. 1 paragraph 4, except for the prison service Training Centre, can be carried out in the form of budgetary economy institutions, referred to in article 1. 9, paragraph 6 of the law of 27 August 2009 on public finances (Journal of laws of 2013.885, as amended).

6. the budgetary economy, referred to in paragraph 1. 1, may receive subsidies from the State budget for the implementation of public tasks related to impacts of prison facilities referred to in article 1. 2. 2, paragraph 1, the performance of tasks of the defence on the basis of the provisions of a separate, organizing and carrying out training and professional development of officers and employees, as well as the implementation of programmes to improve the efficiency of the officers, in the form of conditioning camps.

Article. 9. the [number of posts] 1. The number of posts in each organizational unit shall be calculated on the basis of the established in the budget law for the year in the number of posts for officers of the prison service, hereinafter referred to as "officers", and granted for prison number of posts staff the prison service, hereinafter referred to as "employees", taking into account the following criteria: 1) ensuring the safety of organizational units and security officers and employees;

2) the scope and complexity of carried out by officers and employees of the statutory tasks of the prison service;

3) the number, type, and the type of organizational units supervised by the competent authorities of the prison service;

4) territorial range of organizational units, and the number of cooperating with law enforcement and criminal justice;

5) the number, type, and type of buildings and equipment.

2. in calculating the number of posts referred to in paragraph 1. 1 in addition, account shall be taken of the following criteria: 1) in prisons: a) the number of the officers and employees necessary to ensure the implementation of the tasks arising from the purposes of the execution of a sentence of imprisonment, (b)) kind of realized systems perform custodial and programs actions against persons deprived of their liberty, c) type, the nature and purpose of the prison,


(d)) the organizational structure, including branches of the detention center, e) the number of subordinate branches of external, f) number of places of accommodation for persons deprived of freedom and movement of persons deprived of their liberty, g) the number of acting schools, diagnostic centres, medical entities, pharmacies and przywięziennych establishments;

2) in prisons: a) the number of places of accommodation for persons deprived of freedom and movement of persons deprived of their liberty, b) the organizational structure, including branches, c) the number of subordinate branches of external, d) number of acting schools, diagnostic centres, medical entities, pharmacies and przywięziennych establishments;

3) in the Central Prison Service Training Centre and the training centres and the improvement of the prison service personnel: number of places of accommodation and a schedule of training and professional development.

Article. 10. the [Director-General] 1. The Central Board of the prison service and organizational units referred to in article 1. 8 paragraph 1. 1, directs the Director General subject to the Minister of Justice.

2. the Director-General is superior to all officers.

3. The Minister of Justice, by way of interlocutory procedures, the statutes of the Central Board of the prison service.

Article. 11. [activity Director-General] 1. The scope of activities of the Director-General shall, in particular: 1) determining the directions of conducting penitentiary interactions and supervision of their implementation;

2) create conditions for proper and law-abiding execution of penalties of imprisonment and detention;

3 determination of the technical protective security policy) and security in organizational units, the type of weapons and security measures used by officers in the different types of organizational units and detailed how the use of animals for the tasks of the prison service;

4) determine the methods and activities for the protection and defence preparations in the subordinate organizational units;

5) participated in the work on the draft of the State budget with regard to the prison system and the development of the statement of revenue and expenditure of the budget in the context of prisons amounts under the Act the budget;

6) to supervise the activities of the regional inspectorates of the prison service, prison service Training Centre, the prison service training centres and centres of excellence staff the prison service directly subordinated to him, and the supervision of the Organization and the realization of tasks by other organizational units;

7) the evolution of staff policy in the service of the Prison;

8) determining the number of posts and positions in the Central Board of the prison service, the number of posts in regional user inspectorates to the prison service and the total number of posts in subordinate organizational units;

9) establish detailed how the management components of the property and rational use of financial resources allocated to the activities of the prison service;

10) initiating research on the tasks of the prison service and interact with scientific institutions in this regard;

11) determining the methods and forms of business tasks by officials as far as not covered by regulations issued pursuant to this Act;

12) implementation of the tasks arising from other laws.

2. In the framework of the implementation of its tasks, the Director-General may issue orders, instructions or guidelines.

Article. 12. [the regional Inspectorate of prison service-regional director] 1. The district inspektoratem the prison service Regional Director.

2. The scope of activities of the Regional Director shall in particular: 1) the coordination of the actions carried out in the prison of subordinate organizational units and supervision over them;

2) coordination and supervision of the conditions of proper and law-abiding execution of penalties of imprisonment and detention in subordinate organizational units and the observance of the rights of people deprived of their liberty;

3) organisation system interoperability subordinate organizational units in terms of maintaining safety and order and cooperation in this regard with the police and other departments and institutions and bodies of the State protection;

4) supervise and coordinate the activities of protection and defence preparations in the subordinate organizational units;

5) determination of reionisation embedding on remand in custody, supervision of compliance with the established purpose of investigative detention centres and prisons and organising and coordinating the transport of persons deprived of their liberty;

6) creating outside the subordinate prisons and detention centers of inquiry subordinated them to branches of the temporary accommodation of convicts;

7) developing financial budgetary revenue and expenditure plan for the regional Inspectorate of prison service and subordinate organizational units;

8) to supervise the activities of subordinate prisons and detention centres, centres of excellence for human resources the prison service and przywięziennych establishments functioning by subordinate organizational units;

9) determining the number of posts in the district Inspectorate of the prison service and the number of posts in subordinate organizational units;

10) implementation of the tasks arising from other laws.

3. the Regional Director is the Manager of the officers serving in the subordinate organizational units.

4. In the framework of the implementation of its tasks, the Regional Director may issue orders, instructions or guidelines.

5. the Minister of Justice shall determine, by order, a detailed scope of activity of the regional directors and the structure and regional inspectorates of the prison service, as well as organizational units subordinate to individual directors district.

Article. 13. [the Director of the prison and the Director of the detention center] 1. Penitentiary and arrest and/or investigation Director.

2. the scope of the Director of the prison and the Director of the detention center, in particular: 1) the coordination of the actions carried out in prison in an underlying organizational unit and supervision over them;

2) to ensure the proper and law-abiding execution of penalties of imprisonment and detention and to ensure safety and order in the underlying organizational unit;

3) operating under the supervision of the prison and detention schools and medical entities;

4) rational use of financial resources;

5) ensuring adequate to the needs of the selection and use of cadres, the Permanent lifting of her qualifications, duties and discipline;

6) determining the number of posts in an underlying organizational unit;

7) implementation of the tasks arising from other laws.

3. In the framework of the implementation of its tasks, the Director of the prison and the Director of the detention center can issue orders, instructions or guidelines.

4. the Director-General shall be determined, by Ordinance, the detailed activities of Directors and organizational structure of prisons and detention centers.

5. principles of creation of prisons and detention centers of inquiry specifies a separate Act.

Article. 14. [the central prison service training center-commandants] 1. The Central Prison Service Training Centre, training centre of the prison service and the human resources development center of the prison service are guided by commanders.

2. In the Central Prison Service Training Centre, the prison service training centres and centres of excellence staff the prison service carried out training of officers and employees.

3. The scope of activities of Chief, referred to in paragraph 1. 1, in particular: 1) provide appropriate training and professional development of officers and employees;

2) coordination, supervision and responsibility conducted in subordinate at the training and professional development;

3) to ensure safety and order in the underlying resort;

4) tasks from the scope of the matters of protection and defence preparations;

5) ensuring adequate to the needs of the selection and use of cadres, the Permanent lifting of her qualifications, duties and discipline;

6) determining the number of posts at;

7) implementation of the tasks arising from other laws.

4. In the framework of the implementation of its tasks, the commanders can issue orders, instructions or guidelines.

5. the Director-General, by way of interlocutory procedures: 1) creates, converts and abolishes the prison service training centres and centres of excellence for prison service personnel;

2) specifies the established Training Centre prison service and prison service training centres and centres of excellence for prison service personnel;

3) statutes fixing the detailed scope of the Commandant of the prison service Training Centre, the Commander of the prison service training and commanding the improvement of prison service personnel and the organizational structure of the centres.

6. the Director-General shall, by Ordinance, rules framework in the Central Prison Service Training Centre and the training centres of the prison service and prison service personnel development centres.


7. The provisions of paragraphs 2 and 3. 5 and 6 shall not apply if the prison service training center or a human resources training centre prison service is run in the form of budgetary economy institutions.

Article. 15. [feast of the prison service] shall establish the day on February 8, the feast of the prison service.

Article. 16. [Banner OU] 1. An organizational unit can be assigned to the banner.

2. Banner OU gives the Minister of Justice at the request of the head of the organizational unit, reviewed by the Director-General.

3. The banner can be donated with the consent of the Minister of Justice. Consent to the funding of the banner and its approved design shall be served on the founder is entitled to through the head of the concerned organizational unit.

4. The Minister of Justice shall determine, by regulation, the requirements for the banner, pattern of the Act give the banner, mode and conditions of its imposition and the method of storage and accounting standards, as well as how to pass them in the event of liquidation of an organizational unit or to give the banner. The banner should refer to the tradition of the prison service.

5. the Minister of Justice may specify, by regulation, the pattern of the banner, having regard to the traditions of the prison service.

Article. 17. [Equipment officers] 1. The officers receive equipment necessary for the performance of their duties.

2. The Minister of Justice shall determine, by regulation, the prison service, types of weapons and security measures used by officers during the performance of official duties, having regard to the duty to perform the task by the Prison Service.

3. the Director-General shall determine, by way of interlocutory procedures, standards of equipment referred to in paragraph 1. 1, and the specific conditions for its allocation and use.



Chapter 3 of the terms of reference of the Prison Article. 18. [powers of the hearing officer in connection with the performance of their duties] 1. The officers, by following the steps, have the right: 1) authorizing persons seeking entrance and leaving the area of organizational units and deposit identity documents of persons residing within the organizational unit;

2) authorizing the officers and employees of the comings and goings of the organizational unit;

3) requests from persons referred to in paragraph 1 and 2 pass to deposit items dangerous and illegal items, personal checks and checks on their clothes, footwear and viewing the contents of baggage, checking vehicles entering and leaving, as well as loads of these vehicles, also using technical devices and special dogs trained in searching of narcotic drugs and psychotropic substances or explosives;

4) summon people disturbing peace and order in the immediate vicinity or within the organizational unit that allowed contacts with persons deprived of their liberty or trying to without the authorization of officers to deliver any items to the organizational unit, to refrain from such conduct;

5) stop, in an organizational unit, the purpose of the immediate transfer of the police, people which are on reasonable suspicion of having committed offence;

6) remove from the organizational unit of a person who does not apply to the command issued on the basis of the rules in force;

7) detention of persons deprived of their freedom, that: (a)) have made the escape from detention center or prison, b) have made escape while escorting or employment, c) on the basis of the authorisation of the competent authority left the remand or prison and have not returned to him within the time limit, using the permit temporarily leave detention or prison without a convoy of an official;

8) request assistance from police officers, border guards and soldiers of the military police, as well as return in case of emergency to other law enforcement and national security or any person for relief aid under the applicable law.

2. obligations arising from the exercise of the rights of the officers referred to in paragraph 1. 1, paragraph 3, in respect of the surrender of personal checks and checks on clothes and shoes, are excluded: 1) the President of the Republic of Poland;

2) the President of the Council of Ministers;

3) the members of the Council of Ministers;

4) the Ombudsman;

5) the Ombudsman on the rights of the child;

6) Inspector General for personal data protection;

7) persons enjoying parliamentary immunity, a judge or Prosecutor;

8) persons enjoying diplomatic or consular immunities under the laws, international agreements or international customs generally recognized.

3. In particularly justified cases the head of the organizational unit you may: 1) release the officer referred to in paragraph 1. 1, from authorizing an applicant for entry on the grounds of the organizational unit and with the obligations referred to in paragraph 1. 1 paragraph 3;

2) release the applicant for entry on the grounds of an organizational unit from the obligation to deposit items hazardous and prohibited items.

4. The activities referred to in paragraph 1. 1 paragraphs 1 to 6 shall be in a manner least possible violation of personal rights of the person to which they were taken.

5. To non-officers and employees on how to act, referred to in paragraph 1. 1 paragraphs 1 and 3 to 6, entitled complaint to the locally competent District Court within 7 days from the day of carrying out these steps.

6. Officers and employees for the conduct of activities referred to in paragraph 1. 1, paragraph 3, shall be entitled to appeal to the jurisdiction of the District Court within 7 days from the date of carrying out these steps.

7. the Council of Ministers shall determine, by regulation, a detailed action mode, referred to in paragraph 1. 1 paragraphs 1-3 and 5-8, the ways of their implementation and the treatment of the officers in this regard, with a view to ensuring the effectiveness of the measures taken by the officers.

Article. 19. [the right to use coercive measures direct] 1. In the cases referred to in article 1. 11 paragraph 1 – 6, 8, 9 and 11 to 14 of the Act of 24 may 2013. coercive measures and firearms (OJ poz. 628 and 1165 and 2014 item 24 and 1199), officers may use coercive measures, referred to in article 1. 12 paragraph 1. 1, points 1, 2, 4, 6, 9, 11, paragraph 12 (a). and, (c) and (d) and paragraph 14 of this Act, or the use of these measures.

2. In the cases referred to in article 1. 45 (1) (a). (a), (b) and (e), paragraph 2, point 3 (b). a, paragraph 5, and article. 47 paragraphs 3, 6 and 7 of the Act of 24 may 2013. coercive measures and firearms officers may use firearms or use it.

3. use and the use of coercive measures direct and firearms and documenting this usage and the use is carried out on the principles set out in the Act of 24 may 2013. coercive measures and firearms.

Article. 20. (repealed) Article. 21. (repealed) Article. 22. (repealed) Article. 23. [Interact with the police] 1. In the case of a threat or breach of security organizational unit or convoy if safety cannot be ensured and own resources, the Prison Service interacts with the police.

2. Police forces you can call in an emergency or security breach of the organizational unit or the convoy in particular associated with preparing, attempting or carrying out terrorist attack, the attack, the rebellion, the collective escape embedded, najściem crowd, fire, disaster or natural disaster.

3. Depending on the degree and type of risks referred to in paragraph 1. 2, Police can rely on the transmission of information that may be relevant for the safety of the organizational unit or persons deprived of freedom, protect the land unit or a convoy from the outside, the introduction of the police force to the organizational unit, the restoration of order in the unit or in its neighbourhood, the strengthening of the forces of the prison service, repelling the attack, the Organization of the Chase, the recognition of persons deprived of their freedom or their evacuation.

4. The Minister of Justice, in consultation with the competent Minister of the Interior, shall determine, by regulation, Interop mode, referred to in paragraph 1. 1, authorities have to work together and the conditions for the use of Police forces in the organizational units and escorting, bearing in mind the need to ensure the correct and effective cooperation.



Chapter 4 information processing and personal data necessary for the performance of tasks by the Prison Article. 24. [information and personal data Processing] 1. The prison service can process the information and personal data, including without the consent and knowledge of the people concerned, necessary for the implementation of the tasks referred to in article 1. 2.


2. For the purposes of this Act by the information processing and personal data shall be understood as any operation performed upon personal data, such as: collection, fixation, storage, development, change, share, and delete, especially those that are carried out in information systems.

3. The Prison Service provides information and provides personal information about individuals, upon written request, by law entitled, to the extent specified in the laws.

4. The Prison Service, a written and reasoned request of the person nearest, provides personal data to persons in custody, with the written consent of that person.

5. the Minister of Justice shall determine, by regulation, the mode of submission and the pattern of a request for information or personal data of a person currently or previously in custody on remand or prison, containing the designation of the party seeking the information or personal data, the legal basis, the scope of the shared data and provided information and data identifying the person detained, and in the case of the near-grounds for the proposal , having regard in particular to the extent of the powers laid down by law the applicant entities.

Article. 25. [transfer of information about the persons deprived of their liberty to KRK] the Director General shall communicate, in electronic form, information about the persons deprived of their liberty in the national criminal record, to the extent specified in the Act of 24 May 2000 of the national criminal record (Journal of laws of 2015.1036 and 1629).



Chapter 5 the officers and employees of the Article. 26. [the employment of officials and employees] 1. In the organizational units shall remain in the service of the officers and staff.

2. The Minister of Justice shall determine, by regulation, a position on which they can serve only the officers, having regard to the organizational units and types of these posts and the specificity of tasks on individual positions.

Article. 27. [rules of officers] officers and employees should have the appropriate preparation of General and professional and a high level of moral, systematically receive advanced training and raise their professional qualifications. In proceedings against persons deprived of their liberty shall be required, in particular: 1) be guided by the rule of law, impartiality and humanity;

2) respect their rights and dignity;

3) influence positively your own example.

Article. 28. [prohibition of the use of information and contacts on the nature of the business to business pozasłużbowej] 1. Officers and employees may not participate in these activities, which undermine the authority of the prison service or that uses information on the nature of the work for the purposes of pozasłużbowych.

2. Officers and employees are prohibited from maintaining other than arising from official duties contacts with persons deprived of their liberty and to prevent unauthorized information on persons deprived of liberty, even after their release.

Article. 29. [the requirements the candidate employee] staff member may be a person who: 1) is over 18 years and has full legal capacity, and enjoys the full rights;

2) gives a guarantee of correct execution of the tasks assigned to it;

3) not been convicted final court for an intentional crime or intentional crime or tax to which is not a final judgment was released conditionally umarzający criminal proceedings for such an offence, and not the criminal proceedings against her for such an offence;

4) is correct to position education;

5) gives a guarantee of secrecy, according to the requirements set out in the provisions of the Act of August 5, 2010, on the protection of classified information (OJ item 1228 and 2015, item 21, 1224 and 2281);

6) has the ability and physical to employment at the specified position, which determines the occupational medicine service.

Article. 30. [add-in for employees performing duties in constant and direct contact with the deprived of their liberty] 1. Employees performing duties in constant and direct contact with persons deprived of their liberty shall have title, next to the remuneration resulting from the separate provisions, in addition to salaries of up to 50% of the basic salary.

2. An employee referred to in paragraph 1. 1, during and in connection with the performance of his duties uses the legal protection provided for in the Act of 6 June 1997-Criminal Code (OJ No. 553, as amended) for public officials.

3. The employee referred to in paragraph 1. 1, shall be entitled to reimbursement of Defense costs, if the criminal proceedings initiated against him with a crime or offence committed Government in connection with the performance of their duties, will be validly completed: the decision to discontinue the proceedings in the absence of a statutory offence decisions or birthmarks crime or judgment uniewinniającym. The costs of such returns from the funds of the State budget at the request of an employee, in the amount of the actual costs incurred, not more than the maximum salary of one defender, specified in legislation issued on the basis of art. 16 paragraph. 3 of the Act of 26 May 1982 – Right at the bar (Journal of laws of 2015, item 615, 1064, 1224, 1255 and 1311).

Article. 31. [Delegation] 1. The Minister of Justice in consultation with the competent Minister for Labour Affairs will determine by regulation: 1) types and a list of posts, in which employees perform their duties in constant and direct contact with persons deprived of their liberty, taking into account in particular the nature of the work, and organizational units, in which the work is performed;

2) mode for granting the allowance referred to in article 2. 30 paragraph. 1, taking into account in particular the positions and functions that deal with, or act as entitles you to, as well as working time in direct contact with persons deprived of their liberty, affecting the right to the allowance and its height.

2. the Council of Ministers shall determine, by regulation, the types and a list of posts, in which workers are employed on the principles set out in the Act of 16 September 1982. employees State authorities (OJ of 2013.269, with 2014.1199 and 2015.1220), taking into account in particular the nature of the work, and organizational units, in which the work is performed.

Article. 32. [superiors of officers and employees] 1. Managers of organizational units: the Director-General, the directors of the size, the Commander of the prison service Training Centre, the directors of prisons and detention centers of inquiry and the prison service training centers commanders and improve the prison service personnel are the superiors of the officers and employees of those undertakings.

2. The Commander of the prison service Training Centre commanders training centres, the prison service and prison service personnel development centres are the superiors of the officials and employees trained in these centres.

Article. 33. [rules of procedure-rules of professional conduct] 1. The Director-General of specify, by means of regulations: 1) rules of professional conduct, in consultation with the trade union officers, taking into account the General values and moral norms, the rules of conduct and behaviour of the officer against embedded, relationship officers and the specifics of the profession of an official;

2) service by officers, taking into account the hierarchical relationships of officers, road work, responsibilities of the superior and subordinate, rules excusing absences or delays in the service, participating in conferences, training and business expertise;

3) ceremonial prison service and ceremonial drills, taking into account the principles of the donation honor, business presentation and submission of bids by officers, principles and forms of organizing the celebrations, including guided.

2. the rules of professional conduct, referred to in paragraph 1. 1, point 1, shall apply mutatis mutandis to the staff.

Article. 34. [the unions] 1. Officers may join together in Trade Union on the principles set out in the Act of 23 May 1991 on trade unions (Journal of laws of 2015.1881).

2. The Prison Service can operate only one Union with the officers. This compound does not have the right to strike.

Article. 35. [the officers serving in the war] Officers in respect of work on the day of mobilization or the date on which the time of the war, as determined by the President of the Republic of Poland on the basis of article. 4A paragraphs 1 and 2. 1 paragraph 4a of the Act of 21 November 1967 on the universal obligation to defend the Republic of Poland (Journal of laws of 2015.827, with poźn), become under the law the officers with service during the war and remained in this service until the release.

Article. 36. [Badge of merit in the work of the prison "] 1. Establishes the badge of merit in the work of the prison ".

2. the Label referred to in paragraph 1. 1, can be given to the officers or employees of the outstanding specific achievements in the service or work. The badge can be given also to other people.


3. Badge of merit in the work of the prison "gives the Minister of Justice.

4. The Minister of Justice shall determine, by regulation, the detailed mode of broadcasting and the types and pattern badges of merit in the work of the prison ", taking into account the special and festive nature of the awards and badges Act: 1) the distribution of badges to three degrees;

2) dates and order of its broadcast;

3) superiors authorized to act on the request for badges;

4) data, which should contain an application for badges;

5) way to keep records of people recognized;

6) procedure in the event of loss or destruction of the badges or cards stating giving badges, at the request of the person awarded with, and the cost of manufacture of the badges.

Article. 37. [Business Card] 1. The document proving the identity of the officer and his rights resulting from the provisions of this Act and of the Act of 6 June 1997 – Kikwit is a business card.

2. The officer in the performance of duties outside the organizational unit shall be at the request of the business card, in a manner that allows the reading and note the data contained therein.

3. The Minister of Justice shall determine, by regulation, business card design officer, detailed how to use it and making changes and appropriate to the issue, with a view to the possibility of being read by the person concerned data contained therein.

4. the Minister of Justice may specify, by way of interlocutory procedures, types and designs of other business documents officers and the types of business documents and employees.



Chapter 6 Business Relationship officers Article. 38. [the requirements of the applicant for the hearing officer] in the Prison Service can act as a service person: 1) with Polish citizenship;

2) has fulfilled any obligations imposed on military service;

3) using the full rights;

4) which gives a guarantee of correct execution of the tasks assigned to it;

5) which was not doomed final court for an intentional crime or intentional crime or tax to which is not a final judgment was released conditionally umarzający criminal proceedings for such an offence, and not the criminal proceedings against her for such an offence;

6) gives a guarantee of secrecy pursuant to the requirements laid down in the provisions on the protection of classified information;

7) with at least upper secondary education;

8) with physical and psychological ability to perform duties.

Article. 39. [join Service-qualification procedure] 1. Joining the service in the Prison Service is voluntary and is followed by a positive completion of qualifying procedure.

2. The candidate, along with a written indication of the service consists of the following documents: 1) completed a survey of personnel;

2) certificate of work or services;

3) evidence of your education, professional qualifications and specialized;

4) questionnaire security clearance within the meaning of the provisions on the protection of classified information or current security clearance, required for a given position;

5) a medical certificate stating the ability to accede to the physical fitness test;

6) a copy of the reduced birth: your own, spouse and children, and a copy of the quick marriage;

7), if the obligation to submit results from separate regulations.

3. qualification Procedure consists of the following stages: 1) the evaluation of complex documents;

2) to carry out one or several job interviews;

3) obtain information about the candidate in the registers of convicted and punished;

4 physical fitness test) candidate;

5) carry out screening within the meaning of the provisions on the protection of classified information, if a candidate does not have a current security clearance credentials;

6) determine the physical and mental abilities to the service in the Prison Service;

7) draw up an evaluation sheet candidate's predisposition;

8) approval of a list of candidates by the head of the organizational unit.

4. the head of the organizational unit refuses to submit a candidate a placement proceedings or terminates the proceedings in the case of: 1) failure to submit the documents within the prescribed period or failure to deficiencies in the documentation within the additional period;

2) drawbacks by candidate handled or tested as provided in the qualifying procedure;

3) requirements referred to in article 1. 38;

4) a negative result even if only one of the stages of the qualification procedure;

5) when there is justification in the staffing needs of the prison service.

5. the Minister of Justice shall determine, by regulation, conduct qualifying procedure for the prison service, taking into account in particular the need to assess the suitability of the candidate, the qualifying stages and how to finish.

Article. 40. [the appointment] 1. The ratio of business officer is based on appointment.

2. The appointment of the following: 1) for a period of preparatory service;

2).

3. The Act of appointment of the hearing officer shall be the head of the organizational unit in which the officer shall be served.

4. appointment of the Act includes: 1) name of officer;

2) the day of commencement of the service;

3) type of appointment referred to in paragraph 1. 2;

4) position entrusted to the data protection officer with the organizational unit;

5) giving the degree of the prison service;

6) salary.

Article. 41. [Oath] 1. Taking service, consists of the written oath according to the following Rota: "I, citizen of the Republic of Poland, joining the prison service, I pledge solemnly: reliably perform tasks entrusted to me by an official of this Ministry and superiors, in compliance with the Constitution of the Republic of Poland and all legal provisions, as well as secrets related to the service, as well as the rules of professional conduct, with particular reference to respect for human dignity and with attention to the good name of service.".

The oath can be complex with the addition of the words "so help me God".

2. refusal to take an oath renders the Act of appointment.

Article. 42. [preparatory service] 1. The hearing officer fully preparatory service for 2 years.

2. the period of preparatory service is aimed at the preparation and training of the hearing officer and to check whether the personal characteristics, the nature and the ability to justify its suitability for service.

3. in cases of justified specific qualifications officer, who also completed the appropriate training, the Director-General, at the request of the competent head of the organizational unit, may agree to reduce the period of preparatory service officer.

4. in the event of a break in the performance of official duties lasting longer than 3 months OU Manager may extend the period of its preparatory service, but not more than 12 months.

5. the period of preparatory service shall be extended until the end of the final run against an offi cial criminal proceedings of an intentional crime prosecuted public prosecution or an intentional crime tax, disciplinary proceedings and the period of parental leave or free.

6. To officers serving the preparatory provisions for officers appointed on a permanent basis, unless this Act provides otherwise.

7. After preparatory service by the officer Manager organizational unit shall appoint him permanently if he obtained a positive opinion supporting business objectives referred to in paragraph 1. 2.8. The Act of appointment on a permanent basis, as referred to in paragraph 1. 7, includes: 1) the degree of the prison service, the name and surname of the official;

2) position held by an officer with the indication of the organizational unit in which a fully service;

3) day of the appointment.

Article. 43. [Documentation service record officers] 1. The head of the organizational unit leads the personal file of the documentation service record.

2. The Minister of Justice shall determine, by regulation, the manner in which the documentation in matters relating to the ratio of officers to work in the personal file, the types of information collected in these documents, the way they check-in and document designs in these matters, in particular: 1) the distribution of the documents in the file: (a)) accumulated in the course of the procedure qualification to the prison service, (b)) for the creation and the course of the business relationship, c) associated with the release of an official from service , 2) way to share and read the personal acts, 3) way of making entries and amendments, 4) how to disable documents from personal files, 5) how to set up substitute Act if necessary upload personal file of an official to the Court, the public prosecutor's Office or other authority, 6) way to store personal files – with regard to the correctness of the documentation of the service record.



Chapter 7 Position, the prison service and emoluments of officers


Article. 44. [Position work in Prison Service] 1. Business position in the service of the Prison is divided into officers ', warrant officers and podoficerskie.

2. The positions of officers required to have professional title of master's degree or equivalent, complete vocational training culminating in the submission of the first officer's degree exam and the completion of specialized training.

3. The positions of warrant officers required to have professional title of Bachelor's degree or equivalent, complete vocational training culminating in the submission of the exam for the first ensign and the completion of specialized training.

4. podoficerskich positions be required to have secondary education, completion of vocational training culminating in the submission of the exam for the first degree of 23 and the completion of specialized training.

Article. 45. [initial training and professional] 1. The officer immediately after the adoption of the service is carried out initial training, which consists of the preparatory course and professional practice.

2. An officer may commence training upon successful completion of the initial training.

3. The Minister of Justice shall determine, by regulation, the detailed conditions of initial training, vocational, special and further training in the Prison Service, types, forms, conditions and their purposes, as well as the Organization and the conduct of training and further training and the supervision of their implementation, having regard to the need to lift the qualifications of officers.

4. the Director-General shall determine, by way of interlocutory procedures, training programs, and specialized in the Prison Service and the duration of the training.

Article. 46. [the appointment of an official to the position of business] the appointment of an official to the position, with the exception of a higher management position in the Prison Service, referred to in Chapter 8, the head of the organizational unit.

Article. 47. [the appointment on the first officer's position, Ensign or podoficerskie] 1. The hearing officer commissioned appointed to the first officer's position, Ensign, or podoficerskie, if it meets the requirements in terms of education, prior to obtaining specific professional qualifications and seniority.

2. for the internship service required to occupy positions work not included parental leave and unpaid leave.

3. The appointment of the officer to a higher job title is at the request of his immediate superior officer, directed to the supervisor responsible for the appointment of the hearing officer in this position.

Article. 48. [consent to the appointment of the officer to a higher position before the it qualifications and appropriate placement] 1. In particularly justified cases, the Director-General, at the request of the competent superior, can give consent to the appointment of the officer to a higher job title before the it professional qualifications and seniority of service required for this post, if it meets the requirements in terms of education. The professional qualifications of the officer is obliged to obtain during the period of 3 years from the appointment to the position.

2. The Director-General may, in particularly justified cases, at the request of the competent superior, given the degree of younger Ensign's for Prison officer, who does not meet the requirements for training.

Article. 49. [Bodies and degrees of prison service] establishes the Corps and the degrees of the prison service in the following order: 1) in the serial the prison service: a) serial prison service, b) serial senior prison service;

2) in the body of the non-commissioned officers prison service: a) corporal prison service, b) senior corporal prison service, c) prison service platoon, d) prison service Sergeant, e) senior Sergeant prison service, f) Staff Sergeant prison service, g) senior staff sergeant prison service;

3) in the body of flag bearers for the prison service: a) Ensign prison service, b) Ensign prison service, c) senior Ensign of the prison service;

4) in the body of the officers of the prison service: a) Lieutenant prison service, b) Lieutenant prison service, c) Captain prison service, d) major Prison, e) Lieutenant Colonel prison service, f) Colonel prison service, g) General the prison service.

Article. 50. [the degree of serial and serial senior prison service] 1. The degree of serial and serial senior prison service gives the head of the organizational unit. The degree of serial is suitable on the day of the appointment of the first position.

2. Degrees in the body of the prison service officers are: 1) the District Director – officers serving in the organizational units in its activities;

2) Director-General-officers serving in the Central Board of the prison service, as well as officers serving in other organizational units directly subordinate to the Director-General.

3. Degrees in the body of flag bearers for the prison service gives the Director-General.

4. The first step in the body of the officers of the prison service and the rank of General of the prison service gives the President of the Republic of Poland at the request of the Minister of Justice. The remaining steps in the body of the officers of the prison service gives the Minister of Justice.

Article. 51. [the first step in the NCO Corps, the body of warrant officers and officers Corps] 1. The first step in the non-commissioned officers, warrant officers Corps and Corps officers suitable to an offi cial who made the exam on the first level of 23, Ensign or officers.

2. the Steps referred to in paragraph 1. 1, gives the date of the exam.

Article. 52. [Giving the next higher degree] 1. Give the next higher degree may take place according to the work position and your education and depending on the evaluation of the results obtained in the service. Giving can be based on request of the competent superior.

2. Giving degree referred to in paragraph 1. 1, may not take place sooner than in your degree, the relevant period of the service, that is: 1) in the serial the prison service to the extent that an older serial prison service – 1 year;

2) in the body of the prison service officers to the extent: a) corporal prison service-2 years, b) senior corporal prison service-2 years, c) platoon prison service-2 years d) Sergeant prison service-2 years) senior Sergeant prison service-2 years f) Staff Sergeant prison service-2 years;

3) in the body of flag bearers for the prison service to the extent: a) the younger Ensign prison service-3 years (b)) of the Ensign of the prison service-3 years;

4) in the body of the officers of the prison service to the extent that: (a)) Second Lieutenant prison service-3 years b) Lieutenant prison service-4 years c) Captain of the prison service-4 years d) major prison service-4 years, e) Colonel prison service-4 years.

Article. 53. [the term give degree] 1. Giving a degree followed by Christmas day the prison service and the national independence day.

2. In particularly justified cases: 1) giving can take place at another time than referred to in paragraph 1. 1;

2) degree can be applied to an offi cial posthumously.

Article. 54. [Dożywotność degrees] degrees of the prison service are lifetime, taking into account article. 53 paragraph 1. 2 paragraph 2.

Article. 55. [Delegation] the Minister of Justice shall determine by regulation: 1) the types of posts work of officers, warrant officers and podoficerskich in the organizational units, 2) length of service required to occupy positions, 3) required to occupy certain posts the kind of general education and specialized training, 4) maximum grades assigned to each posts, 5) mode of broadcasting officials degrees – having regard to the need to have specialized qualifications by officers on specific positions.

Article. 56. [Salary] 1. In respect of the service officer receives a salary.

2. The right to salary from the date of appointment of the officer to the first position.

3. Average emoluments of officers is a multiple of the base amount, the amount established according to separate rules specifies the budget law.

4. the Council of Ministers determines, by regulation, a multiple of the base amount, referred to in paragraph 1. 3, taking into account the specificities and conditions of pensionable service.

Article. 57. [components of salaries] 1. The emoluments of the hearing officer is made up of basic salary and allowances to the basic salary of a permanent.

2. the amount of the basic salary of an official in grade is dependent on its position.


3. The Minister of Justice in consultation with the competent Minister for Labour Affairs will determine, by regulation, grade positions and the corresponding ratios average salaries which are basic salary, having regard to the diversity of qualification requirements and the specifics of the individual positions in different types of organizational units.

Article. 58. [additions to the basic salary of a permanent] 1. The officers receive the following Add-ons to the basic salary of a permanent: 1) retirement: a) 5% of the basic salary-after 2 years of service, b) 10% of the basic salary-after 5 years of service, c) 15% of the basic salary-after 10 years of service, d) 20% of the basic salary-after 15 years of service, (e)) 25% of the basic salary-after 20 years of service, f) 30% of the basic salary-after 25 years of service , g) 35% of the basic salary-after 30 years of service;

2) degree of allowance;

3) add-in.

2. In determining the allowance for retirement shall take into account the period of compulsory military service within the meaning of the provisions of Chapter 3 of chapter III of the Act of 21 November 1967 on the universal obligation to defend the Republic of Poland and the periods of employment in the organizational units in a full time job.

3. The Minister of Justice in consultation with the competent Minister for Labour Affairs will determine, by regulation, conditions and procedure for granting allowances to the basic salary of a permanent, in particular the amounts of these supplements, how to calculate them, and, in the case of a work supplement referred to in paragraph 1. 1, paragraph 3, the conditions for its reduction, given the scope of the official duties and their specificity.

Article. 59. [change salaries] 1. Change salaries followed by the date of the occurrence of the circumstances justifying the change.

2. If the right to the salaries originated or change salaries occurred within a month, the salary on time by the end of the month shall be calculated at the rate of 1/30 part of the monthly salary for each day.

3. The right to salary shall expire on the last day of the month in which the termination of a business relationship officer or there were other circumstances justifying the extinction of that right.

Article. 60. [the salaries in the event of a holiday, exemption from routine work and remain at the disposal of the] in the event of a holiday, exemption from routine work and remain at the disposal of the officer receives a basic salary and allowances of a permanent and other receivables cash due to the last occupation work, taking into account created in this period of changes affecting the right to the salaries and other charges or to their height.

Article. 60A. [the emoluments for the period of maternity leave and paternity leave] 1. The monthly salary of an official for a period of time determined the provisions of the labour code as a period of maternity leave, the period of leave under the conditions of maternity and paternity is 100% of the monthly salary referred to in art. 60.2. The monthly salary of an official for a period of time determined the provisions of the labour code as a period of parental leave is: 1) 100% of the monthly salary referred to in art. 102, for a period of: (a)) 6 weeks of parental leave, in the case referred to in article 1. 1821a § 1 paragraph 1 and article. 183 § 4 paragraph 1 of the labour code, b) 8 weeks parental leave, in the cases referred to in article 1. 1821a § 1 paragraph 2 and article. 183 § 4 paragraph 2 of the labour code, (c)) 3 weeks parental leave, in the case referred to in article 1. 183 § 4 paragraph 3 of the labour code;

2) 60% of the monthly salary referred to in art. 102, for the period of parental leave following the periods referred to in paragraph 1.

3. Monthly emoluments of the officer-a woman who in the request, no later than 21 days after birth, experience for her, immediately after maternity leave, parental leave on a full-time basis, is 80% of the monthly salary referred to in art. 60, for the entire period corresponding to the period of the leave.

3A. where the amount of the salaries of the lesser of the officer for an advance on the tax on income of individuals, calculated in accordance with paragraph 1. 1-3, is lower than the amount of parental benefit referred to in the Act of 28 November 2003 on family benefits (Journal of laws of 2015 item 114, as amended), the amount of the emoluments officer minus an advance on income tax from natural persons shall be increased to the amount of parental benefit.

4. the provision of paragraph 1. 3 shall apply mutatis mutandis to the hearing officer that in the request, no later than 21 days after the adoption of the child's upbringing and to the guardianship court with the request to open proceedings on the adoption of the child or after the adoption of the child to be raised as a foster family, with the exception of foster family professional, for him, directly after the conditions of maternity, parental leave in full.

5. The hearing officer that in view of the request made in paragraph 2. 3 or 4 has 80% of the salary referred to in paragraph 1. 3, in the case of parental leave in full or the abandonment of parental leave in the dimension referred to in paragraph 1. 2, paragraph 2, shall be entitled to a one-off alignment received salaries, referred to in paragraph 1. 3, up to 100%, subject to non-recovery of emoluments for a period corresponding to the periods of these holidays.

Article. 60B. [Replacement] If you need to a replacement officer in his absence in connection with being on maternity leave, unpaid leave under the terms of maternity leave, paternity leave, parental leave or maternity leave, head of the organizational unit may, in order to hire a worker under a contract of employment for a specified period, including the time of the absence.

Article. 60 c [the amount of the salaries in the period for sick leave] 1. In the period on a sick officer receives 80% of the salaries.

2. Sick leave includes the period during which the officer is exempt from business activities due to: 1) disease official, including the inability to perform business activities of the grounds referred to in article 1. 6 paragraph 1. 2 of the Act of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits (Journal of laws of 2016.372);

2) donation of blood or blood components in the organizational units of public blood or because of the periodic medical examination of blood donors;

3) requiring personal care for a sick child or spouse of an official, a child of the adopted child, a child adopted for education and maintenance, until the No 14. years of age;

4) needing personal care for a sick family member; members of the family shall be considered a spouse, parent, parent of a child of an official, stepfather, stepmother, in-laws, grandparents, grandchildren, siblings, and children over the age of 14 years if they remain in a common household with the officer during the exercise over them;

5) having personal custody of a child or spouse of an official, a child of the adopted child, a child adopted for education and maintenance, to complete by 8. years of age, in the case of a) unforeseen closure of nursery school, children's Club, kindergarten or school to which the child attends, as well as in the case of a nanny, that parents have a contract referred to in article uaktywniającą. 50 of the law of 4 February 2011 child care up to the age of 3 years (OJ from 2016. poz. 157), or the daily guardian, having custody of the child, b) childbirth or illness of the spouse of an official or a parent of the child by an official, continuously caring for a child if the birth or illness prevents this spouse or parent to exercise custody, c) residence spouse officer or parent child officer constantly caring for a child in a hospital or other treatment plant [1] of the entity performing the healing activity of the medicinal kind of stationary and a 24-hour health services.

3. Exemption from business activities due to the need for personal care, referred to in paragraph 1. 2 paragraph 3 and 5, for a period of not more than 60 days in a calendar year, (a) in the case referred to in paragraph 1. 2 paragraph 4 – for a period of not more than 14 days in a calendar year, these periods may not exceed a total of 60 days in a calendar year.

4. the provision of paragraph 1. 3 shall apply irrespective of the number of children and other family members in need of care.

5. If the sick leave includes the period during which the officer is exempt from business activities due to: 1) accident in connection with the performance of the service, 2) disease resulting in connection with the specific properties or conditions of service, 3) accident on the way to the place of service or on the way back, 4) per disease during pregnancy,


5) undergo the necessary medical examinations for candidates for donors of cells, tissues and organs and have download the cells, tissues and organs, 6) donate blood or its components in the organizational units of public blood or because of medical examination of blood donors, 7) on the observation in treatment as a result of a referral by the Medical Committee – it retains the right to 100% of salary.

6. The right to 100% of the salaries have also then, when the officer was exempt from routine business: 1) as a result of a deliberate offence by any other person in connection with the performance by the hearing officer duties, found the judgment issued by the notified body;

2) as a result of the actions of a heroic made in particularly dangerous conditions, with indication of the exceptional courage, risking their lives or health, in defense of the law, the inviolability of State borders, life, property or safety of citizens.

7. exemptions from the business activities of the acts referred to in paragraph 1. 6, paragraph 2, shall give the superior in writing.

Article. 60 d [Documents stating the inability to serve] the period spent on sick notes medical certificate issued in accordance with art. 55 paragraph 1. 1 and art. 55A paragraph 1. 7 of the Act of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits or printout of the medical certificate referred to in article 2. 55A paragraph 1. 6 of this Act, except that: 1) the reason for the inability to serve due to undergo necessary medical examinations for candidates for donors of cells, tissues and organs, and the inability to serve due to undergo treatment download the cells, tissues and organs – a certificate issued by a doctor on an ordinary printing in accordance with the provision of art. 53 paragraph 1. 3 of the Act of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits;

2) in the case referred to in article 1. 60 c paragraph 1. 2 paragraph 2 – certificate organizational unit public blood;

3) in the case referred to in article 1. 60 c paragraph 1. 2, paragraph 5 (b). a statement by an official;

4) in the cases referred to in article 1. 60 c paragraph 1. 2, paragraph 5 (b). (b) and (c)-a medical certificate issued by a doctor on an ordinary printing;

5) in the case referred to in article 1. 6 paragraph 1. 2 paragraph 1 of the law of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits-a decision issued by the competent authority or authorized body on the basis of the provisions for the prevention and combating of infections and communicable diseases in humans.

Article. 60da [Medical Service] service of a medical certificate by using a provisioning profile referred to in article 2. 58 paragraph 1. 1 of the law of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits, on the principles set out in this Act. The steering wheel of the organizational units of the prison service use or create a provisioning profile payer contributions referred to in article 2. 58 paragraph 1. 1 of this Act.

Article. 60E. [the term to provide a medical certificate, certificate or decision] 1. A printout of the medical certificate referred to in article 2. 55A paragraph 1. 6 of the Act of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits, the medical certificate referred to in article 2. 55A paragraph 1. 7 of this Act, a certificate issued by a doctor on an ordinary printing in the cases referred to in article 1. 60 c paragraph 1. 2, paragraph 5 (b). (b) and (c) and in article 3. the 60 d, paragraph 1, a certificate of an organizational unit of the public blood or decision referred to in article 1. the 60 d, paragraph 5, the officer is obliged to provide to the head of the organizational unit in which a fully service, within 7 days from the date of their receipt.

2. a statement of the circumstances referred to in article 1. 60 c paragraph 1. 2, paragraph 5 (b). and, the officer is obliged to submit to the head of the organizational unit in which the hearing officer fully service, within 7 days from the date of their occurrence.

3. In the event of failure to the obligation referred to in paragraph 1. 1 or 2, the absence in service period for sick leave shall be deemed to be unjustified absence, unless the failure to submit the certificate or declaration occurred for reasons beyond the control of the officer.

Article. 60F. [Control the regularity of the use of sick leave and the hearing officer] 1. The correctness of the rule on the temporary inability to serve due to illness, the correctness of the use of sick leave, the fulfilment of the formal requirements of medical certificates and a statement by an official, referred to in article 2. the 60 d, paragraph 3, may be subject to control.

2. Control shall carry out: 1) medical committees subordinate to the Minister competent for internal affairs – in terms of the correctness of the rule on the temporary inability to serve due to illness and the regularity of the use of sick leave;

2) head of the organizational unit in which the hearing officer fully service-in terms of the regularity of the use of sick leave and to meet the formal requirements of medical certificates and statements of the officer referred to in article 2. 60 d 3.

3. If, as a result of the control is determined invalid use of sick leave, the officer loses the right to salary for the entire period of exemption.

4. If, as a result of the control will be determined that the statement by the officer, referred to in article 2. the 60 d, paragraph 3, was made in accordance with the truth, loses the right to salary for the entire period of exemption.

5. If, as a result of the inspection, the Commission shall determine the cessation date medical inability to serve earlier than the date imposed in the certificate, the officer loses the right to salary for the period from that date to the end of the release.

6. If, as a result of the control will be determined that the sick leave was falsified, the officer loses the right to salary for the entire period of exemption.

7. checking the regularity of the use of sick leave is to determine whether the officer in a period of pronounced inability to serve, including the exercise of the personal care of a child or another Member of the family, does not use sick leave in a manner inconsistent with its purpose and, in particular, or does not perform paid work.

8. the audit of claims the officer, referred to in article 2. the 60 d, paragraph 3, is to determine whether there has been unforeseen closure of nursery school, children's Club, kindergarten or school to which the child attends the hearing officer, or to determine whether the nanny or the daily guardian have stayed on sick leave.

9. Control of the regularity of the use of sick leave and claims the officer, referred to in article 2. the 60 d, point 3, shall be carried out a person authorized by the superior officer.

10. If, in the course of checks, that officer is gainfully employed or uses sick otherwise incompatible with its purpose, an inspection body shall draw up minutes, stating what was incorrect use of sick leave.

11. If, in the course of checks, that statement an officer referred to in article 2. the 60 d, paragraph 3, is not true, the person, the inspection shall draw up minutes.

12. the Protocol shall be the data protection officer in order to make it possible. Comment official confirms the hand signature.

13. On the basis of the findings contained in the Protocol the superior States lose the right to salary for the period referred to in paragraph 1. 3 or 4. That provision shall apply mutatis mutandis in the case of notification by the Medical Board in the subordination of the Minister competent for internal affairs as a result of control by the irregularities in the use of sick leave.

14. Control of the formal requirements of medical certificates is verifying that the certificate: 1) has not been falsified;

2) has been issued in accordance with the provisions on the rules and issuance of medical certificates.

15. If, as a result of the checks referred to in paragraph 1. 14 paragraph 1, there is a suspicion that a medical certificate was falsified, superior to the doctor who issued a medical certificate, to clarify the case.

16. in the event of suspicion that the medical certificate has been issued contrary to the provisions on the rules and issuance of medical certificates, the explanation of the cases to the field OU social insurance.

Article. 60 g [rules for calculating salaries] 1. The basis for the salary referred to in art. 60 c, provides basic salary along with the additions of a permanent rights to the data protection officer at the last occupation work, taking into account created in this period of changes affecting the right to salary and other entitlements or their height.

2. In calculating the emoluments for the period of being on sick leave, it is presumed that the salary for one day of being on sick leave is 1/30 salaries referred to in article 2. 60 c.


3. in the case when the officer took the already salary for the period in which he was on sick leave, he deducted the relevant part of the salaries at the next payment.

4. The data protection officer, who was on sick leave in the last month of service, to be the appropriate part of the salaries of your duties in respect of exemption from service or the officer returns the relevant part of the salaries on termination of business relationship.

Article. 60 h [Use of funds received in respect of reduced salaries of officers during the period of being on sick leave] 1. Funds received in respect of reduced salaries of officers during the period of being on sick leave is spent entirely on discretionary awards for performing business tasks in place of officers on redundancies.

2. The financial resources referred to in paragraph 1. 1, increase the Fund awards annual, discretionary awards and assistance.

3. Chapter funds, referred to in paragraph 1. 1, takes place after the end of the tax period, lasting for not less than a calendar month and no more than 3 calendar months, the choice being the billing period dependent on the size of the funds received in respect of reduced salaries.

Article. 60i. [reduction of the amount of basic salary to be disregarded in determining the calculation basis benefits] Reduce the amount of basic salary along with on a permanent basis for the period spent on sick leave shall not be taken into account in determining the calculation basis benefits referred to in article 1. 100. 101 paragraphs 1 and 2. 1, art. 102 paragraph 1. 1 and art. 193 para. 1 paragraphs 1 and 4.

Article. 61. [Unauthorised leave space duty-suspension of payment of salaries] 1. The hearing officer that arbitrarily has left the place of service or remain outside it or does not take the service, freezes the payment of emoluments from the next payment due date. If the officer has checked out already the emoluments, he shall deduct from the nearest payday 1/30 monthly salary for each day of Unexcused absences.

2. If the absence by having been justified, the hearing officer shall be paid, suspended and withheld part of their emoluments.

3. In the event of a fault the inability of the officer his duties shall apply mutatis mutandis the provisions of paragraph 1. 1 and 2.

Article. 62. [time limits the payment of salaries and allowances] 1. Basic salary and emoluments on a permanent basis are payable directly to the hands of the official, subject to paragraphs 2 and 3. 3.2. Basic salary and emoluments on a permanent basis are payable monthly in advance, on the first working day of each month.

3. Basic salary and emoluments on a permanent basis upon written request of an officer may be paid in the form of non-cash to the indicated bank account number within the period referred to in paragraph 1. 2. Chapter 8 Higher positions in the service of the Prison Article. 63. [Higher positions in the Prison Service] 1. Position: 1) Director-General, 2) Deputy Director-General, 3) District Director, 4) Deputy Director of the District 5) Director of the prison and the Director of the detention center, 6) Deputy Director of the prison and Deputy Director of the detention center, 7) the prison service Training Centre Commander, Commander of the training of the prison service and prison service personnel development center Commander, 8) Deputy Commandant of the prison service Training Centre, Deputy Commander of the training of the prison service and the Deputy Commander of the improvement of the prison service personnel-are higher managerial positions in the service of the Prison.

2. Superior officer dealing with a higher management position in the Prison Service, if the provisions of the Act does not provide otherwise, is: 1) the Minister of Justice, with regard to the Director-General;

2) Director-General-in relation to the Deputy Director-General, Regional Director, Commander of the prison service Training Centre, the Commander of the prison service training and commanding the improvement of prison service staff directly subordinate to him;

3 Regional Director), in relation to a Deputy Director of the district, the Director of the prison and the Director of the detention center and Commandant of the prison service personnel development;

4) Director of the prison and the Director of the detention center, the Commander of the prison service Training Centre, the Commander of the training of the prison service and the Commander of the prison service personnel development, in relation to their alternates.

Article. 64. [the appointment and revocation of the Director-General and Deputy Director-General] 1. The Director-General shall appoint and dismiss the President of the Council of Ministers at the request of the Minister of Justice.

2. The Deputy Director-General shall appoint, from among the officers of the prison service, and references from the Minister of Justice at the request of the Director-General.

Article. 65. [the appointment and the appeal of the District Director and Deputy Director of the regional] 1. The Regional Director shall appoint, from among the officers of the prison service, and references from the Minister of Justice at the request of the Director-General.

2. the Deputy Director of the district shall appoint, from among the officers of the prison service, and references from the position of Director General at the request of the Director.

Article. 66. [Establishment and reference of the Director of the prison and the Director of the detention center] 1. The Director of the prison and detention center director calls out of prison service officers, and references from the position of Director General at the request of the competent District Director.

2. Deputy prison and Deputy detention calls out of prison service officers, and references from his position as Director of the district at the request of the Director of the prison or the Director of the detention center.

Article. 67. [Establishment and commanding] 1. The prison service Training Centre Commander, Commander of the training of the prison service and prison service personnel development center Commander calls out of prison service officers, and references from the position of General Manager.

2. The Deputy Commandant of the prison service Training Centre, the Deputy Commander of the training of the prison service and the Deputy Commander of the human resources development the prison service calls out of prison service officers, and references from the position of General Manager.

Article. 68. [Appeal the hearing officer position] 1. An officer serving in the position of work taken on the basis of the appointment may be at any time or within a specified period dismissed from this post.

2. the appeal official position does not cause termination of a business relationship.

3. The officer retains the last position, for which the law does not provide for the appointment. However, it can be transferred to another, at least an equivalent post, in the same or a different organizational unit. Provision of art. 72 para. 1 shall apply.

4. Officer revoked with the position you can move with his consent according to the disposal of the competent superior, referred to in article 1. 63 para. 2. the period remain at the disposal of the officer may not be longer than 6 months. After this period, the hearing officer shall be appointed or transferred to another position. The appointment or transfer to a job title below the previously occupied follows with the consent of the officer. If you do not consent, the officer shall be released from service.

5. during the period remain at the disposal of the officer retains the right to salary and other cash benefits conferred last occupation work, taking into account created in this period of changes affecting the right to salary and other cash benefits or their height.

6. in the period to remain at the disposal of the officer is obliged to perform duties for the superior command, in which the disposal of the remains.



Chapter 9 Change the conditions of service of the officers Article. 69. [Transfer of an official to serve another organizational unit] 1. The officer may be out of the Office moved to service in a different organizational unit (OU) in justified cases the important needs of the service. The officer may also be transferred at his own request, if you do not stand in the way of business considerations ago.

2. To move the hearing officer and to determine its official position relevant are: 1) Director-General-on the territory of the country;

2 Regional Director for your area-) action.


Article. 70. [Delegate the hearing officer] 1. The officer may be delegated authority for a period of up to 6 months for temporary duty in another organizational unit, including budgetary economy institutions, referred to in article 1. 8 paragraph 1. 5, in justified cases the important needs of the service; reuse or further delegation before the end of the 2 years requires the consent of the officer. The officer may be delegated as well at their own request, if you do not stand in the way of business considerations ago.

2. To delegate the hearing officer and determine its official position relevant are: 1) Director-General-on the territory of the country;

2 Regional Director for your area-) action.

3. To participate in the training and professional development officer delegates the competent head of the organizational unit.

Article. 71. [no transfer or posting the officer to perform duties in a different organizational unit] you cannot without the consent of the person concerned to move or delete to perform duties in a different organizational unit: 1) officer of pregnant women;

2) officer alone holding custody of a child under 14 years;

3) officer alone holding custody of the child unable to work or to independent existence, before the child is 18 years of age or to graduate, but not beyond to reach 25 years of age;

4) officer alone holding custody of the child completely unable to work, regardless of its age.

Article. 72. [retention of the right to the salary received on previous occupation] 1. The officer moved to the position of business, downgraded to a lower basic salary, retains the right to the salaries received for previously occupied the position until basic salary equal to the previously collected or higher.

2. The provisions of paragraph 1. 1 does not apply to officers moved to a lower job title on the basis of article. paragraph 85. 1 and paragraph 2. 2 paragraph 2 and 3, as well as to officers transferred at his own request.

3. the Director-General, at the request of the competent head of the organizational unit, in particularly justified cases may agree to the behavior by the hearing officer, referred to in paragraph 1. 2, moved to the post of business downgraded to lower basic salary, emoluments due before occupation.

Article. 73. [your statutory Duties delegated or moved to an offi cial] 1. In the event of the transfer of the Office to serve a different village or posting to a temporary duty officer shall have the right to a dwelling or temporary accommodation, as referred to in chapter 18.

2. The data protection officer delegated to perform duties in the village are entitled to claims arising from the business trip within the country.

3. The hearing officer after it has been moved from Office to serve other localities are entitled to claims arising from the transfers: 1) diet for him and the members of the family referred to in article 1. 176, travel time, and the first night of stay at the new place of residence;

2) a lump sum to cover the costs of the journey to the new place of residence of persons referred to in paragraph 1;

3) osiedleniowy allowance;

4) a lump sum transfer;

5) the reimbursement of transport equipment;

6) reimbursement of travel to the place of service and back, where members of the family referred to in article 1. 176, remain in their current place of residence.

4. The Minister of Justice in consultation with the competent Minister for Labour Affairs will determine, by regulation, the amount of and the granting and payment of royalties referred to in paragraph 1. 2 and 3, taking into account the time trip.

Article. 74. [delegation of the officer to perform duties outside of the Prison Service in the country or outside the country] 1. The Director-General may delegate the hearing officer, for a specified period and with his consent, to perform duties outside of the Prison Service in the country or outside the country.

2. An officer may be assigned to perform duties outside of the Prison Service in order to carry out the tasks set out in the Act or the tasks defined in other laws or ratified international agreements.

3. The hearing officer may be seconded to the national authority,: 1) a public authority, in which tasks are performed on a referred to in paragraph 1. 2, hereinafter referred to as "national institution";

2) Office, organization, or international institutions or a foreign country, in which tasks are performed, referred to in paragraph 1. 2, hereinafter referred to as "foreign institution".

Article. 75. [request for the secondment of the officer to perform duties outside the Prison Service] 1. A request for the secondment of the officer to perform duties outside the Prison Service may occur: 1) the authorities of the prison service;

2) the authorities of the national institutions;

3) the authorities of foreign institutions.

2. the application referred to in paragraph 1. 1, should specify the name of the institution, job title assigned to the officer, the professional qualifications required for appointment to this position, the nature and scope of the tasks and responsibilities, and the expected period of secondment. Request of the foreign term duties and powers include also should exercise delegated officer in that institution.

Article. 76. [consent of the officer in the form of written statements] Secondment to perform duties outside the Prison Service follows the acceptance by the hearing officer in the form of a written statement containing in particular: the name of the institution and designated for an official job title, the nature and scope of the tasks and responsibilities, as well as the period of secondment.

Article. 77. [taking into account the proposal for a] in the event of a request referred to in article 2. 75, the Director-General: 1) include – for the purposes of the performance of the service in the Prison Service and the calculation of the salaries and other charges cash officer during the period of secondment-job title specified in the request to the appropriate group of officers basic salary and the degree of the prison service, to which zaszeregowuje this position, the salary of an official calculated in this manner may not be lower than the so far obtained;

2) posts an officer to a specific institution.

Article. 78. [the designation of an official to the position of business in accordance with the request] 1. Authority of the national institutions or foreign sets the hearing officer to the position of business in accordance with the request referred to in article 1. 75.2. Institution or a foreign national may appoint a hearing officer to other job title than that specified in the application referred to in article 2. 75, if the Director-General and the officer shall so agree in a written statement.

Article. 79. [powers and provide for a seconded officer] 1. The hearing officer shall have delegated privileges and benefits, including salary and other cash benefits, on the principles set out in the Act.

2. To officer seconded the provisions that are applicable to the employee as your work taken by the hearing officer, in particular as regards the obligations of the employer and the employee awards and penalties, working time, health and safety at work, the award, as well as regulations.

Article. 80. [payment of emoluments and prizes, benefits in kind and leave you delegated the hearing officer] 1. National institution, to which has been delegated officer, delegated to an offi cial: 1) the emoluments;

2) awards annual, in proportion to the duration of the secondment;

3 discretionary prizes).

2. Organizational Unit, where the officer served prior to his posting, it seems the benefits in kind and paid their equivalents, and also pays other than those mentioned in paragraph 1. 1 duties and cash benefits, rights of offi cial service.

3. the data protection officer shall leave Delegated authority of the institution to which he was assigned, on the terms and in the dimension specified in the Act.

Article. 81. [a reference to the official posting] 1. The Director-General, if this is justified by the needs of the prison service, may appeal the hearing officer of the posting, even without his consent.

2. the institution of a national or foreign, of at least one month in advance, may request the Director-General of the appeal the hearing officer with the posting.

3. the Director-General of the official references of secondment, at his written request.

Article. 82. [the appointment of an official to the position of not lower than the space before posting] the officer after the cancellation of the posting shall be appointed to the position of not lower than the space before posting.

Article. 83. [Entrusting an offi cial performance of official duties on another post] 1. The head of the organizational unit may entrust an offi cial business duties to another position in the same organizational unit on time not exceeding 12 months; in this case, the emoluments of the officer may not be reduced.


2. If you need to a replacement officer in his absence in service, the superior may, in order to entrust to another hearing officer performing the duties in the position taken by the hearing officer to attend, for the duration of his absence not exceeding 12 months; in this case, the emoluments of the officer may not be reduced.

3. After the expiry of the maximum period of entrustment of his duties to another position in the same organizational unit referred to in paragraph 1. 1 and 2, to entrust the duties this position is unacceptable.

Article. 84. [Transfer of an official to the disposal of a particular supervisor] 1. The hearing officer in the case of exemption from work position you can move there referred to a supervisor for a period of: 1) the exemptions from the obligations to perform tasks work, granted under the terms of the provisions of the Act of 23 May 1991 on trade unions;

2) secondment to perform business tasks outside of the Prison Service in the country or outside the country.

2. Transfer the officer there shall be the superior jurisdiction to nominate him for the position.

Article. 85. [the transfer of an official to lower job title] 1. The officer moves to lower job title if you bring disciplinary penalty designation to a lower position.

2. The officer you can move to a lower job title in the following cases: 1) by the Medical Committee the total inability to perform service occupation, if it is not possible to appoint him to a position equivalent to the extent drawn basic salary;

2) loss of eligibility required occupation;

3) fulfillment of official duties occupation, found in the duty fixed in two consecutive reviews work, between which it took at least 6 months;

4) liquidation of position, if it is not possible to appoint an official to the position of peers in the field drawn basic salary.

3. The hearing officer can be transferred to a lower job title also at his request.



Chapter 10 of the Reviewing officers Article. 86. [Drafting service] Officer shall be subject to periodic evaluation of służbowemu, which is intended to: 1) lay the Foundation to determine the individual professional development program;

2) the determination of fitness for service assessment of the fulfilment of their duties and the suitability of the occupation;

3) choosing candidates for appointment and the appointment to high office work and promotion to the higher degrees of the prison service.

Article. 87. [the criteria of assessment work] 1. Reviewing the work takes into account the following criteria: 1) professional skills, taking into account the requirements of occupation specialty qualifications, work resulting from the completion of training or study, knowledge of foreign languages and the results achieved by the hearing officer during training;

2) use their skills, including knowledge of the applicable rules and procedures, and their application, resource, messages and skills to meet the responsibilities and tasks work occupation;

3) initiative and skills, as well as the skills of self searching and acquiring the necessary information;

4) ability to plan and organize the work, taking into account the capacity of grading tasks according to their severity, and the efficiency and timeliness of the implementation tasks;

5) ability to work in a team, taking account of attitudes conducive to developing good working atmosphere,-conflict situations and, if necessary, the provision of assistance and advice;

6) communication skills, taking into account the skills of passing, receiving and understanding information in spoken and written, clear and distinctive formulation of statements in such a way that their understanding;

7) the ability of analytical thinking, taking into account the skills assessment of the value of information, their sources and selection and interpretation, drawing conclusions;

8) independence, taking into account the acting skills without the involvement of other people and the need for supervision of his superiors;

9) motivation and creativity, taking into account the ability to create new solutions and improve existing initialization actions and taking responsibility for them;

10) availability, taking into account the capabilities and readiness of the taking up and carrying out the tasks and duties;

11) dealing in crisis situations, taking into account the skills a firm and decisive action in unusual situations, when there are sufficient existing (standard) procedures, resistance to stress, mastery of emotional ability to adapt to rapidly changing conditions and situations;

12) adherence to professional ethics and discipline, including compliance with the rules deriving from the complex vows.

2. In the evaluation of work for higher positions in the Prison Service in addition to the criteria listed in paragraph 1. 1 evaluation is subject to: 1) the ability to effectively manage, taking into account the skills of proper deployment and use of the human potential and physical resources, financial and information services, necessary in the performance of the tasks of the work, skills, acquire new resources, supervision of the execution of duties and monitoring of tasks, as well as motivate subordinate officials and employees to a higher quality of work and professional development;

2) capability negotiation, taking into account the skills development of the desired position, maintain appropriate interpersonal relations, and in a situation of conflict – making open discussion on sources of conflict in order to resolve the problem;

3) ability of strategic thinking, recognizing needs and generate lines of action, ability to assess risk, create a strategy consistent with the objectives of the service.

Article. 88. [the authorizing authority reviews business] work seem to: 1) Minister of Justice-about the Director-General;

2) Director-General-about their zastępcach, the managers organizational cells in the Central Board of the prison service, the regional directors should, Commander Training Centre prison service, prison service training centres komendantach and komendantach human resources development centres, the prison service directly subordinated to him;

3) Director of its in-district-for your zastępcach and funkcjonariuszach serving in the district Inspectorate of prison officers, directors should prisons and detention centres and centres of excellence komendantach investigators directors should staff the prison service;

4) Commandant of the prison service Training Centre, the Commander of the training of the prison service, the Commander of the prison service personnel improvement, respectively, of their zastępcach, geographic cells and funkcjonariuszach serving in positions of separate;

5) Director of the prison and the Director of the detention center-about their zastępcach, geographic cells and funkcjonariuszach serving in positions of separate;

6) head of organizational cells is subordinate to him directly funkcjonariuszach;

7) funkcjonariuszach posted to temporary duty in another organizational unit – the superior the competent at the time of posting.

Article. 89. [the term professional opinion] 1. Business opinion about funkcjonariuszu seems to be: 1) during the period of preparatory service – no later than 30 days before the end of the first year of this service and 60 days before being appointed on a permanent basis;

2) in the service of a constant-not later than 30 days before the expiry of all 3 years of service to reach 15 years of service, and every 5 years of service after 15 years of service.

2. The term of the opinion shall be counted from the date of adoption of the service or of the last assessment.

3. The term of the opinion may be offset by a period: 1) suspension of the work;

2) of vocational training;

3) maternity leave, on terms of maternity, paternity or parental leave;

4) parental leave;

5) unpaid leave or exemption from business activities;

6);

7) posting to temporary duty in another organizational unit;

8) secondment to perform duties outside the Prison Service.

4. Reviewing the work to be carried out regardless of the time limits referred to in paragraph 1. 1, in the following cases: 1) the application for the appointment or appointment of the officer to a higher job title or to the next higher level of the prison service, if since the last assessment has elapsed at least 1 year;

2) finding of inadequacy on occupation, inability to serve during the period of preparatory service or fulfillment of official duties;


3) if from the date of the reviews stating observance of his duties passed 6 months;

4) higher command.

Article. 90. [Read all reviews] 1. Issuing the opinion of business take note it's proposals discussed the hearing officer within 14 days from the date of its preparation. The officer confirmed the fact read the reviews hand signature.

2. in the event of refusal of signature issuing an opinion shall be drawn up on this fact the annotation on the sheet.

3. The officer, who does not agree with the content of the opinion, can bring, through issuing the opinion, the request for the change to a higher supervisor within 14 days from the date of check out.

4. If the opinion is issued by the Minister of Justice, the Director-General may request the Minister of Justice requesting the change.

Article. 91. [new opinion] 1. If the whole of the proposal to amend the officer reviews, it seems a new opinion. Previous opinion is subject to destruction.

2. If the supervisor considers request to change reviews for unfounded, send it within 7 days of higher supervisor, together with the opinion and its own position in the case.

3. Higher superior shall act on the proposal within 30 days from the date of its filing.

Article. 92. [maintain or challenge reviews] 1. The higher the superior may contested opinion: 1) maintain in force;

2) should be repealed in its entirety and to recommend the release of the new reviews, taking into account specific circumstances.

2. The hearing officer shall inform in writing, through issuing the opinion, about how to deal with a request.

3. In the case referred to in paragraph 1. 1 point 2, the previous opinion is subject to destruction.

4. The opinion, which was not filed the application for the change, the opinion maintained in force, as well as the opinion delivered as a result of the recognition of this proposal, be included in the personal file official.

Article. 93. [Delegation] the Minister of Justice shall determine, by regulation, the pattern sheet reviews, taking into account in particular the criteria for the assessment of the requirements of the occupation work, as well as criteria for the assessment of personality traits, skills and aptitudes to perform duties officer occupation.



Chapter 11 the suspension of official business in the Article. 94. [suspension of the hearing officer in business operations] 1. Officer crashes in business operations in the event of detention.

2. The hearing officer may be suspended in the business activities in the case of the initiation of the criminal proceedings against him for an intentional crime prosecuted public prosecution or an intentional crime tax or disciplinary proceedings.

3. The suspension may take place for no longer than 3 months. In particularly justified cases, the period of suspension of the work can be extended for not more than 12 months.

4. Suspension of the work shall be the superior jurisdiction to appoint an official to the position.

Article. 95. [suspension of 50% of the salaries] 1. The data protection officer zawieszonemu in work hangs from the nearest due date, 50% of the salaries.

2. in the event of annulment of suspension in the business activities the officer receives a suspended part of salaries and an increase of salaries, introduced during the suspension period, if there has been convicted by a court for an intentional crime prosecuted public prosecution or an intentional crime with government public prosecution or intentionally committed fiscal offence or disciplinary punishment of removal from service.

3. If the final redemption of the criminal proceedings for the offence or tax offence or the acquittal of final court in this case, the officer receives a suspended part of salaries and an increase of salaries, introduced during the period of suspension, at least in terms of remission or acquittal came after the release of the officer.

4. The provisions of paragraph 1. 3 shall not apply in cases where the criminal proceedings for the offence or crime tax referred to in paragraph 1. 2, was postponed because of the limitation, the amnesty, as well as in the case of a conditional remission of that procedure.



Chapter 12 termination of business relationship officers Article. 96. [Release of an official from service] 1. The hearing officer shall be exempt in cases: 1) inadequacy, observed in the opinion of the business during the period of preparatory service;

2) written notification instance.

2. The hearing officer may be exempted from service in cases of: 1) fulfillment of official duties during the period of fixed services, found in the two subsequent reviews, between which it took at least 6 months;

2) appointment to another State service;

3) reach 30-year internship in the Prison Service;

4) Elimination of organizational unit or its reorganization and reduction of the regular cast, if the transfer of an official to another organizational unit or to a lower job title is not possible;

5) you do not agree to the transfer to a lower position in the cases referred to in paragraph 4 and in article 5. paragraph 85. 2;

6) absence from duty due to illness, lasting for a continuous period of 12 months;

7) over the 12-month period of suspension in the activities;

8) double unjustified absence for studies, referred to in article 1. 111 paragraph 1. 2, or drawbacks to them, or in the case of two unjustified absence for observation in an entity, in the case of consent by the hearing officer, unless the referral to a medical Commission took place at the request of the hearing officer;

9) final refusal of security clearance within the meaning of the provisions on the protection of classified information.

3. The hearing officer shall be released from service within 3 months from the date of written notification by the instances of the service.

4. In the cases referred to in paragraph 1. 2 section 4 exemption from fixed service may occur after 6 months, and the case of the preparatory service – after 3 months from the date of the decision on the liquidation of the organizational unit or its reorganization.

5. Of the planned release of an official from service with the reasons referred to in paragraph 1. 2 paragraph 3 warns writing officer of at least 6 months before the date of his dismissal.

Article. 97. [termination of business relationship officer] 1. The ratio of business officer expires in the case of: 1) a final ruling by the Medical Committee of the total inability to serve;

2) final decision on procedures for disciplinary penalty of expulsion from the service;

3) final court conviction to imprisonment, if the execution of this penalty has not been conditionally suspended;

4) conviction final court for an intentional crime prosecuted public prosecution or an intentional crime with government public prosecution or intentionally committed fiscal offence;

5) final court measure of deprivation of rights or measure the prohibition on the exercise of the profession of an official prison service;

6) absence from duty for a period of over 3 months due to detention;

7) waiver of Polish citizenship;

8) the abandonment of the service by the hearing officer;

9) the death of the officer;

10) finding the disappearance of the officer.

2. By the abandonment of the service shall be construed to be unjustified absence of the officer more than 10 calendar days.

3. the termination of a business relationship is tantamount to termination of a work within the meaning of the Act of 18 February 1994 on retirement pension police officers, internal security agency, foreign intelligence agency, the Counterintelligence Services of the military intelligence service, the central anti-corruption Bureau, border guards, Government Protection Bureau, State fire and prison officers and their families (OJ, 2015.900, 1268 and 1830).

Article. 98. [the competent authority on the exemption from service or for revocation of a work relationship] Release from service or for revocation of a work relationship shall be the superior jurisdiction to appoint an official to the last position.

Article. 99. [Check] Officer in the service of a constant released from service on the basis of article. 96 paragraph 1. 1 paragraph 2 or paragraph 3. 2, and an officer in the service of a constant, the ratio of the work has expired pursuant to art. 97 paragraph 1. 1 paragraph 1, an admission.

Article. 100. [amount of check-in] Height clearance for an officer in the service of a constant is equal to the amount of three months ' basic salary along with the additions of a permanent, due to the last occupation. Check-in is increased about 20% of the basic salary along with the additions of a permanent for each additional full year of pensionable service over 5 years of continuous service, up to six-month basic salary along with on a permanent basis. Period of service exceeding 6 months shall be counted as a full year.


Article. 101. [posthumous Clearance in the event of death or disappearance officer] 1. In the event of death or disappearance of the officer after the family receive a posthumous clearance such as they would have been entitled, if there was a clearance officer ago released from service.

2. If the death or disappearance of an official in connection with the exercise of official duties by him, be entitled to death of a six-month basic salary along with the additions of a permanent, due to the last occupation.

3. the provision referred to in paragraph 1. 1 and 2, shall be entitled to a spouse of an official, which remained with him in cohabitation, and subsequently, to children and parents of an official, if at the date of the death of the officer were eligible for a survivor's pension on the basis of the provisions of the Act, referred to in article 1. 97 paragraph 1. 3. Article. 102. [for the released officer because of the 30-year internship, medical Commission, liquidation or reorganization of an entity] 1. The hearing officer in the service of a constant, an exempted assembler from service pursuant to art. 96 paragraph 1. 2 paragraph 3 and 4, and the hearing officer, whose business relationship has expired pursuant to art. 97 paragraph 1. 1 paragraph 1 shall be paid every month for a period of one year after his release from the prison service cash benefit equivalent to the pay of the crucial together with additives of a permanent, collected on the last occupation. This benefit shall be paid also to an offi cial in the service of a constant, an exempted assembler based on art. 96 paragraph 1. 1 point 2, where he at the same time, the conditions referred to in article 1. 96 paragraph 1. 2, paragraph 3.

2. The data protection officer is entitled to the benefit referred to in paragraph 1. 1, who acquired the right to supply the pension, shall be entitled to a choice of one of these benefits.

Article. 103. [reimbursement of training costs] 1. The officer released from service with the grounds referred to in article 1. 96 paragraph 1. 1 point 2 and, where the ratio of the work has expired pursuant to art. 97 paragraph 1. 1 point 2-8 before the expiry of five years from the completion of the preparatory course or vocational training, is obliged to return the revalorised minima amount equivalent to the cost of food, lodging, uniforms and travel expenses received during training.

2. the cost of food, lodging, uniforms and travel expenses received by the hearing officer at the time of the training shall be determined as the sum of: 1) daily budget rates on food and accommodation officer during training;

2) value of items uniforms issued at the time of offi cial training, in accordance with the provisions of the regulations and the rules for the allocation of uniforms and equipment of the special officers, calculated on the basis of the number of days of use of these items and the cost of a one-time cleaning;

3) received allowances to cover increased costs in the time travel;

4) amounts received for the route from the permanent place of duty to the training or improving the prison service personnel back and forth and lump sums on the commute means of communication.

3. The amount equivalent to the cost of food, accommodation and uniforms shall be determined according to the rates applicable on the day of the release of an official from service.

Article. 104. [costs] 1. Your supervisor to determine the cost of meals, lodging, uniforms and travel expenses received during the course of the preparatory or vocational training and enforcement, as well as the release from the obligation to reimburse these costs, in whole or in part, is the superior, referred to in article 2. 98.2. The superior sets the cost of food, accommodation and uniforms received by the hearing officer during the course of the preparatory or vocational training on the basis of the written information to the appropriate Commander ATO or commanding the improvement of prison service personnel.

Article. 105. [exemption from the obligation to reimburse the costs] Supervisor may exempt from the obligation to reimburse the cost of meals, lodging, uniforms and travel expenses received during the course of the preparatory or vocational training, in whole or in part, at the written request of an officer, justified his living situation, family or material.

Article. 106. [Deposit zrewaloryzowanej of the amount equivalent to the cost of] 1. Revalorised minima amount equivalent to the cost of food, accommodation and uniforms and travel expenses received during the course of the preparatory or vocational training the officer shall be paid in the organizational unit in which he served before release.

2. the royalties referred to in paragraph 1. 1, not reimbursed by the hearing officer, shall be subject to the deduction from his salary on the principles referred to in article 1. 228. Article. 107. [loss of degree of the prison service] 1. The officer, whose business relationship is terminated, you may use the degree of the prison service with the addition of the terms "at rest".

2. Loss of the degree of the prison service in the event of revocation of a work relationship officer: 1) a waiver of Polish citizenship;

2) final court conviction on a criminal remedy in the form of deprivation of public rights;

3) conviction final court sentence of imprisonment for an intentional crime prosecuted public prosecution or an intentional crime with government public prosecution or intentionally committed fiscal offence, if its execution has not been conditionally suspended.

Article. 108. [limitations on the release of official from service] 1. The hearing officer during pregnancy or during maternity leave, under the terms of maternity leave, paternity leave and parental leave cannot be exempt from service or to tell his business relationship expire, except in the cases referred to in article 1. 96 paragraph 1. 1 paragraph 2 and paragraph 3. 2 paragraphs 2 and 4 and in the cases referred to in article. 97 paragraph 1. 1 point 2-10.

2. The data protection officer referred to in paragraph 1. 1, to an exempted assembler from service during the period of preparatory service on the basis of article. 96 paragraph 1. 2, paragraph 4, shall be entitled to cash benefit referred to in article 1. 102 paragraph 1. 1.3. The hearing officer to an exempted assembler from service during the period of parental leave on the basis of article. 96 paragraph 1. 2 paragraph 4 shall have until the end of the period for which the vacation is given: 1) cash benefits, paid on the policy by the payment of parental allowance;

2) other powers provided for workers made redundant from employment during parental leave, for reasons not involving employees.

Article. 109. [the issue of a certificate to an exempted assembler service hearing officer] 1. The hearing officer, whose business relationship is terminated, it seems as soon as the certificate of service.

2. The hearing officer may request rectification of the certificate service within 7 days from the date of its delivery.

3. The data protection officer, which damage as a result of any within or to the wrong certificate service, compensation in the amount of 1/30 monthly salaries to the last occupation for each day of unemployment for this reason, no longer than for a period of 6 weeks.

4. The Minister of Justice shall determine, by regulation, the data to be provided in the certificate of service, mode of publishing and the straightening of the certificate service, its pattern, and also for the award of compensation for the injury caused results in date or release the wrong certificate service, bearing in mind the need to be placed in the certificate of service of the information necessary to determine the powers arising from the business relationship and social security entitlements.



Chapter 13 health and safety officers in the service of Art. 110. [medical Committees] 1. Physical and mental ability to serve shall determine the medical committees subordinate to the Minister competent for internal affairs, hereinafter referred to as "medical committees".

2. The Minister of Justice shall determine, by regulation, the scope and manner of physical fitness test, taking into account in particular the nature of the service and the conditions of its exercise.

Article. 111. [referral to a medical Commission] 1. The officer may be addressed to the Commission: 1) ex officio or on request – to determine the State of health and physical and mental abilities, as well as disease-specific connection with service;

2) from Office-in order to check the correctness of the rule on the temporary inability to serve due to illness or regularity of the use of sick leave.

2. An officer is obliged to be tested commissioned by the Medical Committee, including specialized tests, psychological and extra.

3. in the case of research carried out and collected documentation does not allow for the release of the decision, the officer may be assigned to observe in an entity, if it is on.

Article. 112. [Occupational Health Service] 1. Tasks: 1) health officers from the impact of adverse environmental conditions of service and its performance,


2) preventive health care on the officers-unit of occupational medicine services perform the prison service, hereinafter referred to as "occupational health services units", on the principles set out in the Act of 27 June 1997 on occupational health service (Journal of laws of 2014.1184).

2. Supervision of the implementation of the tasks referred to in paragraph 1. 1, the competent District Director and General Manager.

3. in carrying out the tasks referred to in paragraph 1. 1, unit of occupational medicine services interact with the medical committees. Interoperability is in particular on the exchange of health information officers, especially about disease States which may be related to environmental threats or way to her performance, making the documentation or results of research and consultation.

4. If this is justified by the State health officer, occupational health services unit may apply to the superior requested that his referral to a medical Commission to determine the State of health and physical and mental ability to serve, and the relationship of the individual conditions of service.

Article. 113. [examination of the officer at the request of the superior] 1. The competent body of occupational health services may, at the request of the competent superior conduct research officer, regardless of the periodic tests and, if this is justified by suspected deterioration of his health, which may have a negative impact on the exercise of the service currently occupied as your work or the safety of an organizational unit. In justified cases after the test the body shall immediately inform the competent supervisor of the need for immediate offset officer from performing the tasks.

2. An officer is obliged to be tested, referred to in paragraph 1. 1. Article. 114. [determination of suitability to serve on a specific position-tests and testing] 1. The officer may have to undergo a procedure specifying its predisposition to serve a specific work or positions on specific cells organizational organizational units of physical fitness test or psychological research.

2. Test and study referred to in paragraph 1. 1, managed by the competent superior.

3. Physical agility Test shall be carried out, the competent organizational cell OU, and psychological-occupational health services unit.

4. The Minister of Justice shall determine, by regulation, the mode of procedure laying down predispositions officers to service, organizational cells property in these matters, as well as a predisposition to certain required positions or organizational units in specific cells, having regard, in particular to ensure the protection of the health of the officer in such a way that the proper performance of his duties.

Article. 115. [health of paid annual leave] the data protection officer, at his request, the supervisor may grant paid sick-leave in order to carry out the prescribed by medical treatment, in terms of not more than 6 months in a calendar year.

Article. 116. [fitness Camp] 1. Officer in order to improve efficiency can be addressed, in the context of paid supplementary leave, referred to in article 2. 141 para. 1, the next fitness camp. The participation of the hearing officer in the camp of fitness is free.

2. the Director-General shall determine, by order, direct and detailed conditions for the use of conditioning camps for officers.

Article. 117. [health and safety] 1. Supervisors are required to ensure officers safe and hygienic conditions of service.

2. An officer is obliged to comply with the rules and principles of occupational health and safety and fire regulations.

3. The Minister of Justice shall determine, by regulation, the mode and scope of the officers of the provisions of the Act of 26 June 1974-labour code (Journal of laws of 2014.1502, as amended) in the field of occupational safety and health and property supervisors in these matters, taking into account: 1) the provisions of Chapter ten of the Act of 26 June 1974-labour code, with the exception of article. 209 [2], art. 2092, art. 2093, art. 210. 229 § 1 and 8, art. 230. 231, art. 234 section 2, art. 235, art. 2351, art. 2352, art. 237. 2371, art. 2372, art. 2377 § 1 paragraph 1 and § 2-4, art. 2378, art. 2379 § 3, article. 23711 § 4, art. 23711a, art. 23712, art. 23713. 23713a;

2) the nature and conditions of service in the Prison Service.

Article. 118. [damage to health or damage to the property-compensation] 1. The officer, who as a result of an accident in connection with the performance of the service or as a result of the disease resulting in connection with the specific properties or the terms of service has suffered injury or suffered damage to property, an one-off compensation. In the event of death of an official in connection with the performance of the service or as a result of the disease resulting in connection with the specific characteristics or terms of service compensation receive the remaining after the members of the family referred to in article 1. 101 paragraphs 1 and 2. 3.2. For the accident in connection with the performance of the service in the Prison Service considers a sudden event caused by an external cause, causing injury or death, which happened in the course of or in connection with: 1) the performance of his duties or the commands of superiors;

2) the performance of activities in the interests of the service, even without superiors;

3) participation in the mandatory activities related to raising of professional qualifications and fitness of the officers;

4) the performance of functions or tasks by working in the Prison Service trade union officers or professional or social organizations;

5) rescue people or their property from imminent danger or rescue State-owned property from destruction or dismantling;

6) the granting of representative authority of the State assistance for the meeting by the official activities;

7) serving direct path to space and space activities referred to in points 1 to 6.

3. the Compensation referred to in paragraph 1. 1, is not entitled to: 1) in the event of accident or illness, whose sole reason was proved by the organizational unit of an intentional or grossly negligent act or omission of an officer, violating existing rules or orders, if his superiors provided the conditions for these laws and held in the proper way to supervision of their compliance with the code, and the officer had the needed skills to perform specific actions and was duly trained in these provisions;

2) in the event of an accident, which was the sole cause of the behavior of the officer due to the use of alcohol or narcotic;

3) if damage to health or death of the officer have been caused by the willful misconduct.

4. The officer, who suffered an accident, immediately, if his health permits, shall notify in writing about the case, his superior. About the accident may also notify the superior of another person.

5. the provincial superior, that he took the news of the case, it shall immediately inform the head of the organizational unit competent for the place of the accident.

6. The hearing officer shall be entitled to one-time compensation in the amount of 70% of the monthly minimum basic salary at the date of the decision of the hearing officer in case of damages, for every percent of damage to health, and in the event of death of an official persons entitled referred to in paragraph 1. 7, shall be entitled to compensation in the amount of 30 times the lowest basic salary of an official; the amount of the one-time compensation or its increase is rounded to whole dollars.

7. in the event of the death of the officer in the performance of services as a result of an accident or after release from service within 3 years from the accident, if the cause of death were its effects, to the compensation they are entitled family members.

8. If there is a further deterioration of the health status of the officer in connection with an accident or sickness that caused the established before the injury, and injury this will increase by at least 10 percentage points, within 3 years from the accident or illness, one-off compensation increases by 70% the lowest basic salary of an official for each percent of damage to health, exceeds the percentage by which was fixed compensation referred to in paragraph 1. 6.9. One-off compensation is increased by the amount equal to 10 times the lowest basic salary of an official, if as a result of an accident or deterioration of health status as a result of the case against the officer was ordered, the total inability to serve.


10. Compensation for proved damages sustained as a result of the loss, destruction or damage in connection with the accident personal effects, as well as items for the performance of their official duties, except of motor vehicles and cash value shall be determined on the basis of their market price of rule on the compensation, taking into account the degree of consumption of these items. If it is not possible to determine the purchase price of the same item, its value shall be determined by the purchase price of the item of the same type with the same or similar characteristics.

11. in the event of damage to the items, the compensation shall be equal to the cost of restoring them to working condition. However, if the damage is significant, or the repair costs exceed the value of the damaged item, compensation shall be determined as specified in paragraph 2. 10.12. The hearing officer shall be entitled to reimbursement of medical supply costs which are the objects of orthopaedic and auxiliary means of participation of their own nierefundowanego by the national health fund.

13. the Compensation payable to members of the family shall be reduced by the amount of the compensation paid to the hearing officer, in respect of an injury suffered as a result of the accident or disease, the cause of death later.

14. The Minister of Justice shall determine, by regulation, the detailed mode for determining the circumstances and causes of accidents and diseases, referred to in paragraph 1. 1, supervisors are competent to determine the circumstances and causes of accidents and the specific obligations of supervisor and officer, who suffered an accident, having regard to: 1) the method of appointment, composition and procedures, as well as the Commission's property following an accident;

2) mode of reporting and examination of objections to the Commission's findings of accident and the approval of these arrangements;

3) designs, accident protocol registry and other documents drawn up in the course of the proceedings;

4) procedure in case of suspicion of the disease, documents used in proceedings and bodies competent in these matters;

5) documenting the diseases and their effects and their registry.

15. The Minister of Justice shall determine by regulation: 1) supervisors are competent to award compensation;

2) mode, the timing and method of determining a) of compensation for accident or illness in connection with its service, b) the amount of compensation for lost or damaged personal effects, as well as items for the performance of their official duties, with the exception of motor vehicles, and monetary values, c) reimbursement of the costs of the supply of medical devices which are orthopaedic objects and AIDS.

Regulation should be designed to ensure transparency and efficiency of the proceedings and the protection of the interests of those affected.

16. damage to health officer as a result of accident or illness, for totally incapacitated for service and independent existence, and therefore the death of officer from an accident or sickness, the decisions of the committees. The costs of the judgment shall be borne by the authority.

17. the assessment of the degree of damage to health and its relation to an accident or sickness shall be made after the end of treatment or rehabilitation.

18. The Minister of Justice in consultation with the competent Minister of the Interior, Minister for health and Minister for social security shall determine, by regulation, the list of diseases for which the data protection officer shall be entitled to compensation referred to in paragraph 1. 1, taking into account the specific properties or conditions of service, resulting in the formation of these diseases and their relationship with its service.

19. The Minister of Justice shall determine by regulation: 1) the method of determining the extent of damage to health officers, having regard to the possibility of a multi-site performance violations and the impact of impairments of body activities likely to exist before an accident or sickness on the assessment of the percentage of damage to health;

2) a list of the standards assessment rate to health officers, in view of the current state of medical knowledge.

Article. 119. [Board] 1. Officers carrying out business activities: 1) in the framework of the strengthening of the system for the protection of an organizational unit and support forces, 2) during disaster prevention or liquidation of their consequences, 3) during training, conferences, meetings and seminars organised within the framework of the training and further training organised at the Central Prison Service Training Centre, training centres of the prison service and prison service personnel development centers, 4) during meetings and work is entitled to meals for the duration of those activities.

2. The officer performing the business activity, referred to in paragraph 1. 1 paragraphs 1 and 2, which the type and conditions of service or organizational and technical considerations are preventing the use of the Board, has an equivalent in cash in Exchange for food.

3. The Minister of Justice shall determine, by regulation, the powers of officers to Board during service under the conditions referred to in paragraph 1. 1, having regard to the Standards Board and forms of their implementation, as well as the amount of the daily monetary value Standards Board, valorisation and exceeded, as well as other cases in which the Board is entitled, having regard to the time and nature of actions.

4. The Minister of Justice in consultation with the competent Minister of public financies shall determine, by regulation, the procedure and conditions for receiving the money equivalent in Exchange for meals during service and its height, having regard to the method of its calculation and payment, bearing in mind the time and nature of actions.



Chapter 14 the time service officers Article. 120. [duration of service] 1. Sometimes the service is a time in which the officer remains at the disposal of the superior in the organizational unit or in another place designated to carry out the tasks, including the related to participation in training or professional development, and the serving of business travel.

2. for the purposes of billing time service officer: 1) by night – should be understood as 24 consecutive hours starting from the time at which the officer starts the service in accordance with applicable it time distribution services;

2) for a week-you should understand 7 consecutive calendar days, commencing on the first day of the billing period.

Article. 121. [Calculate the time dimension of service] 1. The time service is on average 40 hours a week in the period not exceeding 3 months.

2. The current official time service in the accounting period is calculated by multiplying 40 hours by the number of weeks per billing period, and adding to the number of hours the product of 8 hours and the number of days remaining until the end of the accounting period, from Monday to Friday.

3. each holiday occurring during the tax period and payable in another day than Sunday reduces the dimension of the service time of 8 hours.

4. The time dimension of service officer during the tax period is during this period to reduce the number of hours out of rationalized service per to be worked during this absence, in accordance with the adopted timetable service time.

Article. 122. [Weekly time service] 1. Weekly services including extended time service may not exceed an average of 48 hours in the billing period.

2. The restriction provided for in paragraph 1. 1 does not apply to managers of organizational units and their deputies.

Article. 123. [time Distribution service] 1. Introduces the service time distribution officer: 1) wielozmianowy-official positions that are required to perform duties in shifts or in perpetuity;

2) jednozmianowy-for the remaining positions.

2. distribution of service time enters the superior.

Article. 124. [Jednozmianowy time distribution service] 1. The hearing officer fully in the shift schedule service time by 8 hours a day from Monday to Friday.

2. the head of the organizational unit determines the start and end times in an organizational unit and individual work stations and stations, taking into account the need to adapt the service time to the needs of the unit, the working time of other organizational units, offices and bodies working with the organizational unit.

3. An officer serving in the shift schedule service time can be designated by the head of the organizational unit to perform duties on a Saturday, Sunday or holiday, if this is necessary due to the need for an organizational unit. In Exchange for service time on a Saturday, Sunday or the feast of the hearing officer shall be granted another day off from service in the next week following these days.


Article. 125. [Wielozmianowy time distribution service] Officer fully in the service time distribution which have multishift work on ongoing changes after 12 hours, followed by 24 hours free from duty or 48 hours if work tasks were performed at night time, in the days and hours the start and termination of service established by the head of the organizational unit.

Article. 126. [Individual service time distribution] in particularly justified cases, head of the organizational unit, or authorized by the head of the organizational cells can determine individual service time distribution officer, at his request or with his consent, in full-time service for jednozmianowego distribution service time.

Article. 127. [the right to at least 11 hours of uninterrupted rest in each era] 1. The hearing officer shall have in each age the right to at least 11 hours of uninterrupted rest, subject to paragraph 2. 3.2. The provision of paragraph 1. 1 does not apply to: 1) heads of organizational units and their deputies;

2) cases requiring the introduction of an enhanced system of protection, support, fault and disaster prevention activities or the liquidation of their consequences.

3. In the cases referred to in paragraph 1. 2 paragraph 2 of the data protection officer shall be entitled to an equivalent period of rest be granted immediately after the performance of service resulting in a violation of the rest period.

Article. 128. [the right to at least 35 hours of uninterrupted rest every week] 1. The hearing officer shall be entitled to each week the right to at least 35 hours of uninterrupted rest, including at least 11 hours of uninterrupted rest daily.

2. In the case referred to in article. paragraph 127. 2, paragraph 2, and in the event of a change of time of service by the hearing officer in connection with his moving to another change, in accordance with a fixed timetable service time, weekly uninterrupted rest may include fewer hours, cannot, however, be less than 24 hours.

Article. 129. [Fixing day off service] 1. The head of the organizational unit can determine the day of free service for officers serving in shift time schedule service, day service falling between holidays and designate a day of service this Saturday. If Saturday is after free from duty Friday or before free service Monday, the head of the organizational unit shall designate a day of service on Saturday next.

2. Fix a day off from the service and remained designated the day of service of an official shall be informed, in the manner adopted in the organizational unit, at least 14 days in advance.

Article. 130. [extension of time service officer to 48 hours per week] 1. Time of service of an official may be extended to 48 hours a week, in particular because of the need to: 1) implementation started business tasks, if they cannot be interrupted;

2) ensure continuity of service stations and stations that are required to maintain service on a continuous basis;

3) the implementation of other tasks work of urgency.

2. the term of service referred to in paragraph 1. 1, extends the head of organizational cells in which the hearing officer fully.

Article. 131. [Time free from duty in Exchange for service time extension officer] in return for extended time of service referred to in article 2. paragraph 130. 1, the hearing officer shall be entitled to time off from service in the same dimension, which should be granted in the period referred to in article 2. 121 paragraph 1. 1. Article. 132. [duration of work and driving a car], which is responsible for driving the car, it can serve up to 12 hours a day, including the drive no longer than 10 hours. Time of continuous drive the car may not exceed 6 hours, followed by a break of 30 minutes.

Article. 133. [Medical Service] 1. Doctors and other officers with higher education practising medical, serving in an entity providing medicinal health benefits for persons deprived of liberty, whose health condition requires 24-hour care, may be required to perform in this undertaking on-call medical.

2. The time on-call medical service time counts.

3. in the performance of medical on-call Service can be proposed also to the extent that exceed 40 hours per week in the period, taking account of the provisions of this chapter.

Article. 134. [Performing in radiology] 1. Officer serving: 1) in radiology, if its basic duties: and) use for diagnostic purposes or medicinal sources of ionizing radiation, and in particular performing tests or treatments, Assistant or mobile auxiliary research or treatments, supporting devices containing radiation sources or producing ionizing radiation or performing Professional activities directly on patients treated with radioactive sources or (b)) the measurement of ionizing radiation dosimetry related to the activities referred to in point (a). and, 2) in physical therapy, if its basic duties should be controlling technique applied treatments or stand-alone treatment – performs these duties for 5 hours a day and an average of 25 hours per week.

2. The remaining 3 hours daily service officer as referred to in paragraph 1. 1, remains at the disposal of the head of the organizational unit, which can recommend ago an offi cial performing other tasks at this time.

Article. 135. [Records] 1. In the organizational unit leads to the attendance list, the annual card records the presence of the officer in the service of, the records of the outputs in the hours of work and records of the extended service time.

2. The records referred to in paragraph 1. 1, the data protection officer shall be available on request.

Article. 136. [the designation of an official to remain in readiness for service on the telephone call] 1. The head of the organizational unit may appoint a hearing officer to remain on standby for duty on the phone call, hereinafter referred to as "telephone supervision", and on duty may not be without prejudice to the right of the officer to rest referred to in article 2. 127 and 128.

2. for on-call telephone does not designate a hearing officer immediately after the night service.

3. The hearing officer may be assigned to on-call telephone no more than 2 times per month, including at most once on a Saturday, Sunday or holiday. The duration of the on-call dial-up may not exceed 12 hours per day.

4. On-call time does not dial-up to the time of the service, if at that time the officer has not performed in their official capacity.

5. If the officer he ordered business activities during the on-call telephone: 1) after hours service-this time their execution shall be granted at the same time free from duty;

2) on a free service, Saturday, Sunday, or holiday is granted to another day off.

Article. 137. [in lieu of unused time off duty for service over the statutory dimension before leaving the work] 1. The officer, who before the date of termination of business relationship has not made use of the free time from the service for the service over the legal dimension, an equivalent in cash.

2. Cash for each started 8 hours of unused time off duty is determined in the amount of 1/21 monthly basic salary along with the additions of a permanent compensation last occupation.



Chapter 15 leave and exemption from business activities officers Article. 138. [leave] 1. The hearing officer shall be entitled to annual, continuous, paid leave in terms of 26 days.

2. An officer may not waive the right to annual leave.

3. in the period from the date of deposit by the hearing officer written notification instance of service to the date of release from service officer is obliged to use his allowance for the calendar year leave and additional leave, if in this period the superior will that leave.

Article. 139. [the acquisition of the right to annual leave] 1. The right to the first leave the officer acquires at the end of each month of service in the dimension 1/12 dimension of the leave referred to in article 2. paragraph 138. 1.2. The right to subsequent annual leave the officer acquires in each calendar year.

Article. 140. [the granting of an offi cial leave] 1. Annual leave shall be in days, which are for official days of service, in accordance with applicable it distribution service time, in terms of time corresponding to the dobowemu dimension of service time the officer of the day.

2. In granting annual leave in accordance with paragraph 1. 1 one day leave corresponds to 8 hours service.


3. the granting of an offi cial leave on the day of service, in terms of time corresponding to the part of the daily service time, is allowed only in the case when a part of the annual leave remaining to use is lower than the full daily hours of service of the officer on the date on which you want to grant leave.

Article. 141. [Paid an additional annual leave] 1. The hearing officer shall be entitled to additional paid leave, hereinafter referred to as "additional leave", in terms of up to 13 days per year of service in conditions harmful to health or particularly onerous, as well as for the achievement by the officer placement service.

2. leave an additional allowance of offi cial service under conditions harmful to health or particularly bothersome is: 1) 12 days a year – for the hearing officer serving in the regular carrying out tasks in the field of direct protection and care embedded in the przeciwgruźliczym ward of general hospitals: a), (b)) the laboratory performing the analysis and research for the branches referred to in (a). (a);

2) 5 days a year – for the hearing officer serving in the regular carrying out tasks in the field of direct protection and care embedded in the branch for embedded posing a serious social threat or a serious threat to the safety of prison or detention and for officers serving in the therapeutic for convicts with niepsychotycznymi mental disorders or mentally handicapped.

3. leave an additional applicable data protection officer for the traineeship service is: 1) 5 days – for the hearing officer, the service for at least 10 years;

2) 9 days-for the hearing officer, who shall serve at least 15 years;

3) 13 days for the hearing officer, who shall serve at least 20 years.

4. in the event of overlapping entitlement to additional leave with different titles, the hearing officer shall have one additional leave in terms more favourable.

Article. 142. [the acquisition of the right to the first additional leave] 1. The officer acquires the right to the first additional leave: 1) from the end of the year, serving under the conditions referred to in article 1. 141 para. 2;

2) from the date of a specific placement service.

2. The right to subsequent leave extra officer acquires in every following calendar year, except that in the case referred to in paragraph 1. 1 paragraph 1, must be the year in which the service is carried out in conditions harmful to health or especially bothersome.

3. The data protection officer, who used a vacation spot for the calendar year, and then acquired the right to leave during the year in higher dimension, are entitled to vacation.

Article. 143. [postponement of the start of the leave or additional leave] 1. If the officer cannot begin annual leave or additional leave in time the reasons justifying the absence in the service and, in particular, due to: 1) temporary inability to serve due to illness, 2) detention in connection with an infectious disease, 3) maternity leave, on terms of maternity, paternity or parental leave, 4) suspension in work-leave or additional leave moves the date later.

2. Annual leave or additional leave in the part of the unused portion of the reasons referred to in paragraph 1. 1 paragraphs 1 to 3 shall be granted at a later date.

Article. 144. [reduction of leave for each month of the duration of the suspension of the work or the use of detention] dimension annual leave and leave additional officer is reduction percentage of 1/12 for each month of the duration of the suspension of the work or the use of detention, unless the officer leave the used in his dimension.

Article. 145. [Paid special leave] 1. The hearing officer shall be granted, on request, to the paid special leave transfer authority for further service in a different organizational unit, where the transfer involves a change of residence, in the dimension of 5 days.

2. The hearing officer may be granted at his request a paid special leave to settle the most important personal affairs or family, 3 days in a calendar year.

Article. 146. [Paid educational leave] 1. The hearing officer, who has been authorised to download or make study and learning this gets or is studied, as well as hearing officer, who has been authorised to carry out doctoral cable or rehabilitation programme, as well as for application radcowskiej, legislative or medical specialisation, are granted paid leave training: 1) in higher education, in each year of study – 21 days;

2) in schools, colleges or for postgraduate studies-14 days in order to prepare and submit the final examination;

3) in order to prepare to submit a doctoral dissertation and defend the exams or prepare for the Colloquium and lecture to Poland-28 days;

4) in order to prepare and submit the exam after completing the legislative application – 14 days;

5) in order to prepare and submit the exam radcowskiego or medical specialisation – 30 days.

2. The leave shall be granted on days that are official days of service, in accordance with applicable it distribution service time.

Article. 147. [Leave free] 1. The hearing officer, at his written request, be granted unpaid leave, if they do not interfere with the operation of the service in an organizational unit. The period of leave free not included to the service in the Prison Service.

2. The data protection officer, that goes together with the spouse designated to perform tasks outside the country or transferred to perform duties in the foreign institution within the meaning of the provisions of the Act of 27 July 2001, the foreign service (Journal of laws No. 128, item 1403, as amended), at his written request, shall be granted leave without pay for the duration of the exercise by the spouse jobs abroad or duties in the facility.

3. The data protection officer designated by choice functions of a Trade Union are entitled to holidays free under the terms of the Act of 23 May 1991 on trade unions.

4. The data protection officer, who starts the unpaid leave within a calendar month, shall be entitled to the emoluments of 1/30 monthly salary for each day prior to the day of commencement of leave without pay. If the officer has checked out already the emoluments for leave without pay, shall be deducted the relevant part of the salaries at the next payment.

Article. 148. [the Division into parts of the annual leave and leave additional] 1. Annual leave and additional leave shall be granted to the data protection officer in accordance with the timetable of the service and annual leave arrangements, taking into account the conclusions of the officers and the need to ensure the normal operation of the service in an organizational unit.

2. At the request of the officer leave may be divided into parts, except that at least one part of the leave should include not less than 14 consecutive calendar days.

3. An additional annual leave may be divided into two parts, with the exception of the leave referred to in article 2. 141 para. 2 paragraph 2 or paragraph 3. 3 paragraph 1.

Article. 149. [a reference to the officer leave or suspension to give him annual leave] 1. The hearing officer can revoke the leave, as well as pause the granting him annual leave in whole or in part, for important reasons.

2. annual leave may be postponed at the reasoned request of the officer.

3. the appeal of officer leave or suspension to give him annual leave must be in writing.

4. the request for postponement of annual leave should include, in addition to the rationale behind this move, an indication of another date to the end of the calendar year in which the leave will be used.

5. The data protection officer, who has not made use of annual leave in a given calendar year, leave this should be answered within the first 3 months of the following year.

Article. 150. [reimbursement of fees and costs an offi cial odwołanemu of annual leave] 1. An offi cial odwołanemu of annual leave or to which the leave was suspended, at his written request reimbursement: 1) fees at holiday resorts, sanatoriums, private accommodation or for other services related to leisure during this stay, unused by the hearing officer and the members of his family, if the organizer of the holiday or other entity providing services in this area did not return brought charges;

2) cost of transport officer and members of his family, if his appeal with leave or suspension resulted in their return.

2. By the members of the family of an official means the persons listed in the article. 216.


3. the application referred to in paragraph 1. 1, joins the Bills and tickets confirming the costs incurred. If obtaining or submitting bills and tickets is not possible, an officer shall consist of a written statement of the amount of costs incurred and of the reasons for the lack of their document.

Article. 151. [Equivalent of unused annual leave because of the termination of a business relationship] 1. In the case of non-use of annual leave or additional leave in whole or in part due to the termination of a business relationship to the data protection officer shall be entitled to cash.

2. Cash for 1 day of unused annual leave or additional shall be 1/21 of the monthly basic salary, together with additions of a permanent, due to the last occupation.

Article. 152. [the provisions issued on the basis of the labour code, the Act on trade unions and the law on cash social insurance benefits in the sickness and maternity benefits] in matters relating to the granting of exemptions from business activities and how to justify absence from duty in terms of absence of this Act shall apply mutatis mutandis the rules pursuant to article 114. 2982 of the Act of 26 June 1974-labour code, the Act of 23 May 1991 on trade unions and the law of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits.

Article. 153. [the competent Superiors in cases leave] the competent supervisor in matters referred to in this chapter is the head of the organizational unit, and in relation to the officers involved in higher management positions-the appropriate superior, referred to in article 2. 63 para. 2. Chapter 16 Uniform and equipment in the field officers of the Article. 154. [uniform, field equipment, signs of service, dystynkcje and identification marks] 1. The officer is obliged to wear at the time of service: proper uniforms, field equipment, dystynkcji, badges, signs and identification marks.

2. Uniform, field equipment, signs of service, dystynkcje and identification marks may only be worn by officers.

3. the Minister of Justice may determine by regulation, position, where the officers at the time of execution of tasks of work are not required to wear uniforms and field equipment, having regard to the place of service and the specificity of tasks.

Article. 155. [Forms of implementation of the rights to the uniforms, the acquisition of ownership of components uniforms] 1. The officer shall receive free uniforms and field equipment for each type of service.

2. Entitlement to the uniforms in the uniformed duties shall be in the following forms: 1) finished components uniforms;

2) fabrics with the return of the cost of sewing and sewing;

3) monetary equivalent;

4) payment of the money equivalent.

3. An officer appointed on a permanent basis acquires ownership of the received components of uniforms.

4. The Minister of Justice shall determine by regulation: 1) the detailed mode implementation powers of the officers in the service of a constant and uniform preparation and field equipment, and how to determine the periods of use and in usable condition items uniformed and field equipment in use and the frequency of the determination of the status of quality held by the officer uniforms and field equipment, including: a) officers authorized to field equipment, serving in areas of protection of organizational units initial training and professional participants, and the rules for the allocation of such equipment to the other officers, b) conditions for issuing uniforms officers in preparatory service, the conditions for the issue of uniforms used and field equipment used, the conditions of re-issue uniforms and field equipment in cases of loss of the causes of delays by officers, c) return policy by officers of field equipment and uniforms, d) forms of realization of powers of officers to uniforms and field equipment , in particular in the form of ready-made components uniforms, fabrics with the return of the cost of sewing and sewing, the equivalent of money uncollected components uniforms, forms return by officers of field equipment and uniforms or their monetary value corresponding to the degree of natural wear and tear;

2) designs uniforms, signs of service and dystynkcje officers and field equipment designs, including a breakdown between summer and winter uniforms and work and output, cut and color components of the uniforms and equipment field, signs of service and dystynkcji on the individual components and patterns of identification marks;

3) the conditions and manner of wearing uniforms and field equipment and orders, decorations, medals, badges and identification marks, taking into account the periods of wearing uniforms summer and winter, in which officers wear a uniform output, how to wear the individual components of the uniforms and equipment field, the location of signs and dystynkcji and identification marks on uniforms and equipment field and with an indication of the place and order of wear orders , decorations, medals and ribbons;

4) standard uniforms for officers in the service of a constant and the preparatory service, the forms of their implementation and the quantities and item usage periods uniforms and field equipment specified in these standards, which shall be repaid by: a) the standard uniforms for officers, men and women, b) complementary standards for officers who have been given a higher degree of the prison service, c) standards published materials in Exchange for ready uniform , d) standard equipment field officers e) additional standards for initial training and professional participants, f) additional standards for company honour the prison service and Commander of the celebrations, company commander of honour and flagship registry, g) additional standards for guide dogs, squads and fire-fighting teams – taking into account the nature of the tasks and occupied posts.

Article. 156. [the equivalent of money in return for uniform and dry cleaning uniforms] 1. In return for uniform and dry cleaning uniforms officer receives the equivalent of money.

2. The Minister of Justice, in consultation with the competent Minister of public financies, shall determine, by regulation, height, detailed mode to receive and return and a suspension cases and resume payment of the equivalent of money in return for uniform and the amount of money equivalent for cleaning uniforms for officers in the service and preparation, taking into account in particular the monetary equivalent amount in Exchange for a uniform for each degree the prison service and outstanding standards of uniforms and the amount of money equivalent for chemical cleaning.



Chapter 17 the obligations and rights of the officers of the Article. 157. [obligations of the hearing officer] 1. The officer is obliged to follow the complex and vow to abide by law, and in particular of this Act and the regulations issued on its basis.

2. An officer is obliged to refuse to execute the commands of the superior, if its execution would impose the offence or crime.

3. Refusal to execute a command officer should check in higher supervisor, the Director-General or the Minister of justice without roads.

4. the provincial superior is obliged to prevent mobbingowi. The provisions of article 4. 943 of the Act of 26 June 1974-labour code shall apply mutatis mutandis.

Article. 158. [the correct application of the criminal code] the provisions of art. 115 § 18 and art. 318 and 344 of the Act of 6 June 1997 – Criminal Code have the right to apply to the officers of the prison service.

Article. 159. [act as service and kinship and affinity] Spouses, persons with each other in the relation of kinship to the second degree inclusive or affinity in the first degree and people together in cohabitation may not act as a service or be employed in the same organizational unit, if gives the reporting relationship between these persons.

Article. 160. [taking the calling out of service] 1. The officer shall not without the permission of the supervisor take the calling out of Commission.

2. the Supervisor may authorise the data protection officer to take the calling out of Commission, if such involvement: 1) does not interfere with the exercise of official duties in the field of prison service tasks set out in the Act;

2) does not affect the prestige of the services;

3) does not undermine the confidence in the impartiality of the hearing officer.

3. An authorisation to take up the calling back in the event of a breach of any of the conditions referred to in paragraph 1. 2.


4. The Minister of Justice shall determine, by regulation, procedures in cases of authorisation to take up the calling out of service, the data, which should include the application of an official authorisation to take up the calling out of Commission and the way in which and the date of notification of an official grant, refused or withdrawal of an authorisation, having regard to the efficiency of the proceedings.

Article. 161. [a statement of financial disclosure] 1. The officer is obliged to make a statement about its financial disclosure, including property which is marriage material commonality and his personal assets, ensure a work relationship, and then every year to 31 March, as at 31 December of the previous year, as well as the termination.

2. The officer made up a statement of your financial disclosure provides information about reaching the income and the acquisition of property from the State, other State legal persons, local government units, their unions or other legal person units of local government, which was subject to the sale by tender, in the 12 months before the date of submission of the claim.

3. The declaration referred to in paragraph 1. 1, consists of the head of the organizational unit and an officer occupying higher positions-to the relevant supervisor referred to in art. 63 para. 2. the competent supervisor performs an analysis of the information contained in a statement by 30 June of each year. The person making the analysis is entitled to compare the content of the present Declaration with the contents of a previously filed claim.

4. To make a declaration referred to in paragraph 1. 1, shall apply mutatis mutandis the form specified regulations issued on the basis of article. 11 of the Act of 21 August 1997 on reducing business by people with public functions (Journal of laws of 2006.1584, as amended) relating to the Declaration referred to in article 2. 10 paragraph 1. 1 of this Act.

5. The information contained in the statement referred to in paragraph 1. 1, is secret official within the meaning of the provisions on the protection of classified information, unless the officer who made the statement, expressed written consent to the disclosure. The statement shall be kept for 6 years after the end of that period a statement of financial disclosure shall be destroyed.

6. In matters not covered in paragraph 1. 1-5 to the statement referred to in paragraph 1. 1, and his analysis shall apply mutatis mutandis the provisions of the Act referred to in paragraph 1. 4. Article. 162. [inform the supervisor of employment for a spouse or dependent person in the common household] 1. The officer is obliged to inform the supervisor of by the spouse or the person remaining in the common household employment or other economic activities in providing Detective Services or services in the field of the protection of persons and property or taking up economic activity in this area, as well as the fact of being a contractor within the meaning of the provisions of the Act of 29 January 2004 public procurement law (Journal of laws of 2015 item 2164) for bodies and organizational units subordinate to or supervised by the Minister of Justice within 14 days from the date of obtaining information about the occurrence of such a situation.

2. An officer is obliged to inform the superior cover a spouse or dependent person in the common household shares in entities providing Detective Services or services in the field of the protection of persons and property within 14 days from the date of obtaining information about the occurrence of such a situation.

Article. 163. [Prohibition of belonging to a political party, membership of the associations] 1. The officer cannot be a member of a political party.

2. upon the adoption of an official to serve ceases his previous membership in a political party.

3. An officer is obliged to inform the supervisor of belonging to national associations operating outside the Prison Service.

4. Membership in the organization or Association of foreign or international requires the authorisation of the Director-General or authorized by him.

Article. 164. [the use of the legal protection provided for in the criminal code, the reimbursement of Defense] 1. Officer during and in connection with the performance of his duties uses the legal protection provided for in the Act of 6 June 1997 – criminal code for public officials.

2. The data protection officer shall be entitled to reimbursement of Defense costs, if the criminal proceedings initiated against him with a crime or offence committed Government in connection with the performance of their duties, will be validly completed: the decision to discontinue the proceedings in the absence of a statutory offence decisions or birthmarks crime or judgment uniewinniającym.

3. the costs of Defense returns from the funds of the State budget at the request of the hearing officer, in the amount of the actual costs incurred, not more than the maximum salary of one defender, specified in legislation issued on the basis of art. 16 paragraph. 3 of the Act of 26 May 1982 – the right of the bar.

Article. 165. [special rights related to parenthood as specified in the labour code] to the data protection officer shall have special rights related to parenthood as referred to in the Act of 26 June 1974-labour code, with the exception of article. 1867, where the provisions of this Act does not provide otherwise.

Article. 166. [free accommodation for officers involved in training] Officers participating in training, courses, kursokonferencjach, councils and business expertise, organised in the framework of training and professional development in the Central Prison Service Training Centre, training centres of the prison service and prison service personnel development centres are entitled to free accommodation.

Article. 167. (repealed) Article. 168. [Transfer of contributions to ZUS] 1. If the officer, whose business relationship is terminated, does not satisfy the conditions for entitlement to a retirement pension or an invalidity pension, police police from the salaries paid to the hearing officer, after 31 December 1998 to the date of release from service, from which no modation, contributions to the pension scheme shall be forwarded to the social insurance contributions for that period provided for under the provisions of the Act of 13 October 1998 on the social insurance system (Journal of laws of 2015 item 121 , as amended. d.).

2. the emoluments of which form the basis of contribution to the pension scheme referred to in paragraph 1. 1 shall mean basic salary, salaries, annual awards and discretionary and additional remuneration paid pursuant to art. 208, appropriately converted in accordance with art. 110 of the Act, referred to in paragraph 1. 1.3. Contributions shall also apply when an officer only fulfills the conditions for entitlement to the police pension. Transfer of contributions is at the request of the officer.

4. Contributions shall be subject to adjustment indicator adjustment contributions specified on the basis of the provisions of the Act of 17 December 1998 on pensions and pensions from the social insurance fund (Journal of laws of 2015.748, 1240, 1302 and 1311).

5. In calculating the amount of the premiums, waloryzowanych on the basis of paragraph 1. 4, shall apply mutatis mutandis to article. 19 paragraph. 1 and art. 22 paragraph 1. 1 paragraphs 1 and 2 of the Act, referred to in paragraph 1. 1.6. The provisions of paragraph 1. 1-5 shall also apply to the officer, which remained in service before 2 January 1999, if after release from service, despite the fulfilment of the conditions for entitlement to a retirement pension under the Act referred to in article 1. 97 paragraph 1. 3, application for a retirement pension provided for in the rules referred to in paragraph 1. 4.7. In the case referred to in paragraph 1. 6, the amount owed to zwaloryzowanych contributions shall be immediately after notice by the social insurance of the acquisition by the officer of his right to a pension provided for in the rules referred to in paragraph 1. 4.8. The amount of outstanding contributions to the social insurance fund income is zwaloryzowanych.

9. The Minister of Justice, in consultation with the competent Minister for social security, shall determine, by regulation, procedure and deadlines to the social insurance contributions referred to in paragraph 1. 1, 3, 4 and 7, and organizational units to the appropriate, bearing in mind the need to ensure the proper and timely execution of activities related to the transfer of those contributions.

Article. 169. [Awards] 1. The hearing officer, who faithfully perform the duties meticulously in the service and improving professional skills, may be awarded the following honours: 1) praise;

2) cash prize or in kind;

3) short-term leave, not exceeding 5 days;

4) grant of badges, referred to in article 1. 36;

5) appointment to a higher job title;

6) early higher degree;

7) to present awards.


2. The Minister of Justice shall determine, by regulation, grant awards and property supervisors in these matters, having regard in particular to the manner and form of making distinctions.



Chapter 18 Housing officers Article. 170. [the right to a dwelling] 1. The hearing officer in the service of a constant right to a dwelling in the village, in which the constantly fully service, or in a nearby site.

2. the members of the family of the officer referred to in art. 176 the right to residence in the assigned hearing officer dwelling.

3. In determining the residential area attributable to the data protection officer shall take into account the status and degree of family business or position.

4. the town nearby is considered, to which time public transport provided for in the timetable, including flights, does not exceed two hours in both directions from the station (stop) the nearest place to the service station (stop) the nearest residence. By the time this includes directions to and from the station (bus stop) within the village, from which the officer commutes, and locality in which performs the duties.

5. The officer in the preparatory service may receive temporary accommodation.

Article. 171. [the realization of the right to a dwelling] Right to a dwelling shall be implemented by: 1) allocation of premises or 2) the granting of financial assistance to obtain a dwelling, hereinafter referred to as the "financial assistance".

Article. 172. [assignment of dwelling] hearing officer in the service of a constant assigned to administrative decision dwelling referred to in art. 177, taking into account the following circumstances: 1) no dwelling in the village, in which the constantly fully service, or in the nearby;

2) suitability for service, professional qualifications and length of service in the Prison Service;

3) the transfer of the Office to perform duties in a different place, not a place nearby;

4) dealing with temporary accommodation building organizational unit for the business objectives or in the closed area.

Article. 173. [Individual standard of living space] 1. The unit standard living space, hereinafter referred to as "the norm" is 7 m2 and 10 m2.

2. The data protection officer in the service of a constant has the following standard: 1) lonely-two standards;

2) having a family – one standard for the officer and every Member of the family referred to in article 1. 176.3. Additional standards are entitled to: 1) the hearing officer with the rank of major, Lieutenant Colonel, Colonel or General of the prison service or engage in job title rights of the officers – one standard;

2) to the Director-General and his alternates – two standards.

4. in the event of overlapping permissions to additional standards for the services of both spouses in the service of the Prison shall take into account the more favourable standards additional rights to only one of them.

Article. 174. [living area] 1. The hearing officer shall be allocated to the residential premises with an area of residential area corresponding to the number of your standards.

2. The surface of the residential area is the rooms.

3. For residential premises with a surface area of the residential area of exercise in accordance with the standard shall place, in which increasing the living space exceeds half of the upper limit of normal.

4. In particularly justified cases, with the approval of the Director-General, the hearing officer can allocate dwelling referred to in paragraph 1. 3. the 5. The hearing officer for his written consent or written request can be assigned to the residential premises about living space less than its in accordance with the standards.

6. The allocation of a dwelling, referred to in paragraph 1. 5, does not deprive the officer the right to obtain a dwelling for living space corresponding to the standards enjoyed by him.

Article. 175. [allocation of a dwelling after it has been moved to the data protection officer to serve in another village] 1. The hearing officer, after it has been moved to another village, which in the previous place of duty is assigned him to administrative decision dwelling can be assigned to the residential premises on the basis of an administrative decision in a new location service if: 1) releases the occupied residential premises in the village of service or 2) will return granted him financial assistance referred to in article 1. 184 paragraph 3. 1.2. An officer transferred to duty in another village that has not slowed housing referred to in paragraph 1. 1, paragraph 1, and the officer, who did not return the financial assistance referred to in paragraph 1. 1 point 2, you may receive a new temporary accommodation service.

3. An officer seconded to the temporary duty in another of an accommodation. The cost of accommodation coincides with the measures of the organizational unit to which the officer has been posted.

Article. 176. [the inclusion of family members in determining living space] family members of an official, which shall be taken into consideration in determining the attributable to residential surface dwelling, are: 1) the spouse;

2) children (your own, your spouse, adopted or adopted in the framework of education foster family) inhabiting a and dependent, but not longer than until the 25 years of his life;

3) parents the officer or his or her spouse jointly resident with the officer and the remainder of its exclusive or if due to age or disability are unable to perform the work.

Article. 177. [residential] 1. For residential or temporary accommodation for the officers shall be the premises resulting from investment activity the prison service and the remaining and transferred to the disposal of the prison service.

2. the provisions of this Act shall not infringe the proprietary rights of privilege to dispose of residential premises owner other than the Treasury.

Article. 178. [cash Equivalent for lack of housing] 1. The hearing officer in the service of a constant cash equivalent shall be entitled in respect of the lack of housing, if: 1) he himself or his spouse does not have in service or of nearby legal title to a dwelling or House;

2) hearing officer or his spouse is not granted financial assistance referred to in article 1. 184 paragraph 3. 1.2. The hearing officer in the service of a constant after it has been moved from Office to serve other towns have the equivalent of cash, as referred to in paragraph 1. 1, if the new locality of duty: 1) has not been granted him financial assistance to obtain a dwelling;

2) not assigned him a dwelling or accommodation.

Article. 179. [amount of money equivalent] 1. The amount of money equivalent referred to in article 2. 178 paragraph 1. 1, is $8 a day.

2. the amount of money equivalent referred to in paragraph 1. 1, is subject to annual adjustment of fixed in the budget law for the year annual average growth rate of prices of consumer goods and services. The basis of valuation is the amount of money equivalent in the year preceding the year in which the adjustment occurs.

Article. 180. [obligation to notify your supervisor of any change affecting the entitlement to receive the equivalent of] 1. The officer is obliged to immediately notify the supervisor of any change affecting the entitlement to receive the equivalent of a lack of housing.

2. a cash Equivalent by virtue of lack of housing in the period from the creation of permission to download to the date on which the loss of this privilege.

Article. 181. [the decision to return equivalent to] 1. If you download the undue money equivalent referred to in article 1. 178 paragraph 1. 1, seems to be a decision on his return.

2. The Minister of Justice, in consultation with the competent Minister of public financies, shall determine, by regulation, a detailed payment mode equivalent referred to in article 2. 178 paragraph 1. 1, and how to return unduly collected money equivalent, taking into account the deadline for payment and refund of the equivalent and the organizational units responsible for its payment.

Article. 182. [cash Equivalent for the repair of a dwelling or House] 1. The hearing officer shall be entitled to a cash equivalent each year for the renovation of the dwelling or House, occupied on the basis of the exercise of its or his spouse title.

2. in the case of officers who are the spouses entitled to money equivalent for repair, or to the equivalent of the lack of housing, this benefit is entitled to only one of them; This does not include officers transferred from the Office to perform duties in the village other than the village nearby.

3. The equivalent of cash for repairs shall not be entitled in the event of dealing with parts of the dwelling or House, referred to in paragraph 1. 1.4. The amount of money equivalent referred to in paragraph 1. 1, is $339.79.


5. the amount of the monetary equivalent, as referred to in paragraph 2. 4, subject to an annual adjustment of fixed in the budget law for the year annual average growth rate of prices of consumer goods and services. The basis of valuation is the amount of money equivalent in the year preceding the year in which the adjustment occurs.

6. in the case of non-monetary equivalent download, referred to in paragraph 1. 1, seems to be a decision on his return.

7. The Minister of Justice, in consultation with the competent Minister of public financies, shall determine, by regulation, the detailed mode for the granting and payment of the equivalent referred to in paragraph 1. 1, and how to return unduly collected money equivalent, having regard to the pattern of a request for equivalent, term of payment and return-equivalent, as well as organizational unit competent for its withdrawal.

Article. 183. (repealed) Article. 184. [financial assistance for obtaining dwelling or House] 1. The hearing officer in the service of a constant that satisfies the conditions for the allocation of a dwelling and that the premises that have not received on the basis of an administrative decision about an assignment, shall be entitled to financial assistance to obtain a dwelling in the housing or house or dwelling constituting a separate property, located in the village of duty or of nearby.

2. in the event of overlapping entitlement to financial assistance for services of both spouses this benefit shall be granted only to one of them.

Article. 185. [financial aid] 1. Financial assistance is granted to an offi cial in the amount of 25% of the value of the dwelling of the usable area 50 m2.

2. The value of the dwelling, which is calculated the amount of financial assistance, is the product of 50 m2 usable area of a dwelling and the price of square meter of usable area of a residential building, published by the President of the Central Statistical Office, for the calculation of the guarantee premium savings contributions on housing for holders of savings booklets.

3. The Minister of Justice, in consultation with the competent Minister of public financies, shall determine, by regulation, a detailed procedure for, withdrawals and return financial assistance referred to in article 1. 184 paragraph 3. 1, having regard to the types of documents required when applying for the granting of this aid and organizational units appropriate for payments of financial assistance, as well as the time and venue of the reimbursement of the financial assistance.

Article. 186. [financial aid] 1. Financial assistance shall be refunded if the officer from service before the end of 15 years of service in the Prison Service, with the exception of the officer that before the expiry of that period acquired the right to an invalidity pension the prison service.

2. To determine the amount of financial aid to be recovered shall be the amount of the granted benefit when annually by expanding market. growth rate of prices of consumer goods and services, determined in the budget law, in cases where the obligation to repay arose in the years after the year of granting financial assistance.

3. At the written request of the official return of financial assistance may take place in instalments.

Article. 187. [conditions for grant housing] dwelling on the basis of administrative decision shall not assign to an offi cial: 1) If you receive financial aid, referred to in article 1. 184 paragraph 3. 1;

2) having in the locality in which the full service, or in the nearby residential premises in the housing cooperative or condominium or House residential-pensjonatowy or residential premises which is separate property, corresponding to the least of its living space;

3) whose spouse has a residential premises or a House referred to in paragraph 2;

4) in the case of disposal by him or his spouse a dwelling or House, referred to in paragraph 2.

Article. 188. [the decision to empty dwelling] 1. The decision to empty dwelling, referred to in article 1. 177, it seems, if the officer: 1) podnajmuje or offers free use of the assigned premises or part thereof;

2) uses the dwelling in a manner inconsistent with the contract of lease or misuse, neglect duties, damage, or destroy equipment for common use by the inhabitants;

3) goes in a blatant or persistent against the order of the household, making difficult the use of other premises;

4) is in default of payment of the rent or charges for the provision of associated with the operation of the premises for a period of at least two full payment periods, despite the notice in writing of its intention to issue a decision on empty premises and the designation of the additional monthly limit for payment overdue and current receivables;

5) received financial assistance referred to in article 1. 184 paragraph 3. 1;

6) was transferred to duty in another town and Cayuga in this or nearby town next residential premises;

7) renounced his rights to the occupied dwelling;

8) has been convicted by a court for an intentional crime prosecuted public prosecution or an intentional crime with government public prosecution or intentionally committed fiscal offence, committed in connection with the performance of his duties and in order to achieve financial gain or personal, or for an offence referred to in article 1. 258 of the Act of 6 June 1997 – criminal code or to which has been declared legally means penalty of deprivation of rights public offence or tax offence.

2. the decision to empty the dwelling also appears: 1) if the hearing officer or his spouse is legal title to another dwelling, referred to in article 1. 177. in this case the persons shall have the right to choose one of the occupied premises.

2) in the case of alegal, referred to in article 2. 177, by the hearing officer or the members of his family or other persons without legal title.

3. the decision to empty the unit seems to be in relation to all persons residing in that establishment.

Article. 189. [meeting the costs of access to the media by the hearing officer transferred from the Office to serve other village] 1. The officer moved from Office to serve another village, which was allocated to temporary accommodation, shall bear the costs of delivery to the electrical and thermal energy, gas and water supply, sewage, waste and liquid waste and expenses associated with the use of radio and television equipment, Elevator, telephone, intercom and Internet. The other costs coincides with the measures of the organizational unit to which the officer has been moved.

2. The officer in the service of preparation, which was allocated to temporary accommodation, rental fees and to bear the costs of delivery of the media referred to in paragraph 1. 1. Article. 190. [the decision to empty the temporary accomodation] decided to empty the temporary accommodation appears in: 1) termination of business relationship officer or transfer it to another;

2) the end of the period of preparatory service;

3) referred to in article 1. paragraph 188. 1 paragraphs 1 to 4, 7 and 8 and paragraph 1. 2. Article. 191. [Delegation] Minister of Justice in consultation with the competent Minister for housing, local planning and zoning and housing shall determine, by regulation, the detailed allocation mode and the emptying of residential and temporary accommodation, as well as the specific terms of remuneration for dealing with temporary accommodation, having regard to the application for an allocation model dwelling and temporary accommodation, as well as the type of instrument of acceptance by the hearing officer's dwelling or accommodation.

Article. 192. [decision matters implementation powers of the hearing officer] decisions on the implementation of the powers of an officer under the provisions of this chapter, issue the following authorities: 1) the Minister of Justice with respect to the Director General and his deputies;

2) Director General in respect of the following: a) officer serving in the Central Board of the prison service, (b)) the District Director and his deputies, c) Commandant of the prison service Training Centre, Commander of the training of the prison service or the Commander of the prison service personnel development, directly subordinate to him and their deputies;

3) Director for District: a) an officer serving in the district Inspectorate of the prison service, b) Director of the detention center and the Director of the prison located in the actions engender and his Deputy, the Commander of the human resources development centre c) the prison service in the actions engender and his deputies;

4) Director of the detention center, the Director of the prison, the prison service Training Centre Commandant and Commandant of the training of the prison service and the Commander of the prison service personnel development for police officer serving in those units.



Chapter 19 provision of officers


Article. 193. [cash] 1. The hearing officer has the following cash benefits: 1) allowance installation allowance;

2) reimbursement of travel;

3) annual awards and discretionary and jobseeker's allowance;

4) Jubilee;

5) additional remuneration for performing the outsourced tasks going beyond their duties;

6) a lump sum for access to places of service.

2. In the event of death of an official or a member of his family is entitled to the funeral.

3. In the event of death of an official in connection with the service shall be entitled to financial assistance for education of children.

4. Cash benefits granted Director OU, and in relation to higher positions in the prison service of the appropriate superior, referred to in article 2. 63 para. 2. Article. 194. [Allowance installation allowance] 1. The hearing officer, in connection with the appointment on a permanent basis shall be entitled to the installation allowance allowance in the amount of one month's basic salary along with on a permanent basis, payable on the day of the appointment on a permanent basis.

2. The provisions of paragraph 1. 1 does not apply to officers who served in the Prison Service Act after his release from professional military service or another service, during which he received such benefits.

Article. 195. [refund of travel public transport] 1. The hearing officer and the members of his family referred to in article 1. 216, once a year, the reimbursement of travelling public transport to one of the peeled by yourself of the country and back.

2. in the event of non-use of the passage of authorized person receives a lump sum equivalent to money.

3. Reimbursement of travel or the payment of the flat-rate monetary equivalent shall be the competent organizational unit.

4. The Minister of Justice shall determine, by regulation, the detailed mode and return conditions travel expenses and payment of flat-rate monetary equivalent, and the pattern of applications on the basis of which will be followed by reimbursement or payment of the equivalent, taking into account in particular the type of means of transport and the distance, which constitute the basis of the flat-rate calculation of money equivalent to the toll.

Article. 195a. [a lump sum for access to places of service] 1. The hearing officer, who lives outside the town service, shall be entitled to a lump sum for access to places of service.

2. The payment of a lump sum for the transport to the place of duty shall, at the request of the hearing officer, the competent organizational unit. In the event of the circumstances referred to in paragraph 1. 4, consists of a confirmatory application for payment of a lump sum for access to places of service.

3. A lump sum for access to the place of duty shall be paid to the holder hearing officer on the principles referred to in article 1. 62.4. Change of the place of residence of the officer suspends the payment of a lump sum for access to places of service. The officer is obliged to submit to the head of the organizational unit statement of any change of residence.

5. A lump sum for access to places of service are not entitled to the hearing officer who receives reimbursement of travel to the place of service and back on the basis of article. 73 paragraph 2. 3 point 6.

6. The Minister of Justice shall determine, by regulation, the amount of the lump sum referred to in paragraph 1. 1, having regard to the distance of the place of residence from the place of duty, the need to maintain the annual and the maximum limit of expenditure referred to in article 1. 272a paragraph. 1, and the number of officers eligible for a lump sum.

Article. 196. [annual Prize] 1. The hearing officer for its service in the calendar year concerned shall be entitled to the annual award in the amount of 1/12 salaries received in the calendar year for which the reward is.

2. the annual Award is entitled, if the officer in a given calendar year, he served for a period of at least 6 calendar months.

3. The provisions of paragraph 1. 2 does not apply in determining the entitlement to an annual prize for the calendar year in which an officer used: 1) with annual leave, parental leave, additional leave, short-term, maternity leave, paternity leave, parental leave, under the terms of maternity leave;

2) exempt from performing business activities, for the reasons referred to in article 1. 185 paragraph 2 or article. 188 of the Act of 26 June 1974-labour code;

3) from the exemption from execution of business activities in the event of the birth of a child of an official, in accordance with the regulations issued on the basis of article. 2982 of the Act of 26 June 1974-labour code;

4) from the exemption from execution of business activities due to having personal custody, as referred to in article. 33 para. 1 paragraph 1 of the law of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits.

4. Periods shorter than a calendar month adds up, given that each 30 days ' service is a full calendar month.

5. the annual Award entitled the hearing officer that by reason of: 1) death, 2), 3) termination of a business relationship, if at the date of termination of this relation satisfies the conditions for entitlement to a retirement pension-he was in the year service for part of the calendar year, in the amount of 1/12 salaries received in the calendar year for which the reward is.

6. The hearing officer referred to in paragraph 1. 5, that he was in a given calendar year to serve for a period of less than one calendar month, the annual award in the amount of 1/12 monthly salaries.

7. The data protection officer, who by accident or disease in connection with the service has suffered death or whose business relationship has expired pursuant to art. 97 paragraph 1. 1, point 1, the annual award are entitled to for the last year of service in the amount of monthly salaries, regardless of the period of service this year.

8. The salary referred to in paragraph 1. 1, do not include the salaries received during the period of suspension in the activities of work, detention or execution of disciplinary penalty, from the date of its final assessment to smearing.

Article. 197. (repealed) Article. 198. [periods included periods as a basis for the award of the annual] 1. To the period of service referred to in article 2. 196 paragraph 2. 1, will not be included in the periods: 1) the use of leave without pay;

2) breaks in the performance of their duties, for which the officer is not preserved the right to salary, listed in article 1 (2). 61;

3) suspension in the activities or detention;

4) exercise disciplinary penalty from the date of its final assessment to smearing.

2. The provisions of paragraph 1. 1 paragraphs 3 and 4 shall not apply, if the criminal proceedings for a crime, the crime tax or disciplinary proceedings, in the case of an act in connection with the arrest, suspension of business activities or disciplinary were discontinued by a final judgment, or the officer was acquitted on the basis of a final judgment or a judgment of acquittal in disciplinary proceedings.

3. waiver of proceedings referred to in paragraph 1. 2, does not apply to conditional remission of the criminal proceedings or proceedings in the case of an offence or the relief tax due to prescription or amnesty.

Article. 199. [conditions for annual awards nieprzysługiwania] annual Award is not entitled for the calendar year in which: 1) final court officer sentenced for an intentional crime prosecuted public prosecution or an intentional crime with government public prosecution or intentionally committed fiscal offence;

2) fined the hearing officer decision of disciplinary punishment of removal from service;

3) released an offi cial business opinion: a) niewywiązywaniu with duties occupation identified during the fixed service, b) worthlessness occupation during the period of service of a constant c) inability to serve during the period of preparatory service.

Article. 200. [annual Award and termination of business relationship] in the cases referred to in article 1. 198. 199 the data protection officer, who on the day of the termination of a business relationship satisfies the conditions for entitlement to a retirement pension or an invalidity pension shall be an annual award in the amount of 1/12 monthly salaries.

Article. 201. [payment of awards the annual] annual Award shall be paid not later than the first 4 calendar months following the year for which the award is entitled, except that an offi cial zwalnianemu of service annual award shall be paid no later than the last day of service.

Article. 202. [annual Award and the criminal proceedings] 1. If criminal proceedings have been initiated against the hearing officer for an intentional crime prosecuted from the public prosecution, intentional crime tax or disciplinary proceedings in the calendar year for which the award is granted, to fix permissions on the annual awards for that calendar year and for the following years at the end of that procedure.

2. the annual Award shall be paid not later than 30 days from the date of termination of the proceedings referred to in paragraph 1. 1.


Article. 203. [award discretionary] hearing officer may be granted discretionary award, in particular for the conscientious execution of tasks, to perform tasks work requiring substantial effort, as well as an act of courage, the officer.

Article. 204. [non-refundable grant money] 1. The hearing officer, whose living conditions worsened, in particular in connection with accidents, long-term illness or a family member, the death of a family member may be granted non-repayable assistance.

2. For the grant of assistance money, account must be taken of all the circumstances affecting the substantive officer and his family.

Article. 205. [Delegation] the Minister of Justice, in consultation with the competent Minister for Labour Affairs, shall determine by regulation: 1) the amount of the Prize Fund annual, discretionary awards and grants for officers, 2) methods of assessing the conditions and increasing its height for different organizational units, 3) mode increase the annual prize fund, discretionary awards and assistance funding received in respect of reduced salaries referred to in article 2. 60 h: 4) procedures and property supervisors in terms of granting and payment of annual awards, the discretionary and payments – having regard to the special purpose vehicle and a rational policy on disposal of financial resources.

Article. 206. [Jubilee] have an offi cial Jubilee: 1) after 20 years of service – 75%, 2) after 25 years of service-100% 3) after 30 years of service-150%, 4) after 35 years of service – 200%, 5) after 40 years of service – 300% to the monthly basic salary along with on a permanent basis.

Article. 207. [a period of qualifying service for the award Jubilee] 1. To the period of qualifying service for the Jubilee included: 1) all finished periods of service and work performed in a dimension of not less than half of the full working hours;

2) other periods, if under separate regulations shall be subject to completion of the period of work, from which depend on the permissions;

3) period of study in higher education provided for curriculum in the total dimension of not more than 5 years, provided the diploma completion.

2. If an officer on the date of document rights for Jubilee is also entitled to two or more Jubilee Awards, shall be paid only one prize in the dimension.

3. in the event of acquisition of the right for a higher degree within 12 months from the date of acquisition of the right to the award of the degree of the hearing officer shall be paid the difference between the amount of the higher awards and the amount of rewards below.

4. in the case of exemption from the duty officer entitled to a retirement or disability pension reward shall be paid on the day of the termination of a business relationship, if on that day he lacks the seniority of the Jubilee, it depends on the acquisition of the right for the Jubilee, no more than 12 months.

5. the Minister of Justice, in consultation with the competent Minister for Labour Affairs, shall determine, by regulation, a detailed calculation mode and reward the Jubilee, as well as periods of service, work and teachings of causing the acquisition of the right for the Jubilee, a way of documenting these periods and the reward period, having regard to ensuring the conduct and protection of the rights of the officers.

Article. 208. [remuneration] 1. The performance of the outsourced tasks that go beyond the duties the officer receives additional remuneration.

2. the remuneration made by the officers of the inventions, technical improvements and improvements to determine separate rules.

3. The Minister of Justice shall determine, by regulation, types of tasks for which the officer receives additional remuneration, the amount of this remuneration and its payment, the method of calculating the remuneration and the term of his pay, having regard to the nature of these tasks.

Article. 209. [grant in case of death of a family member] 1. In the event of death of an official shall be entitled to grant in the amount of: 1) 4000 zł, if funeral expenses shall be borne by the spouse, children, grandchildren, siblings or parents;

2) costs actually incurred, up to the amount specified in paragraph 1, if the funeral expenses shall be borne by the other person.

2. If you cover the cost of the funeral of officer from the resources of the prison service after funkcjonariuszu family funeral benefit 50% referred to in paragraph 1. 1 point 1.

Article. 210. [funeral] 1. The funeral coincides with the prison service measures, if the death of the officer was following an accident in connection with the service.

2. the Director General may agree to cover the costs of the funeral of the deceased officer due to illness in connection with the service.

3. Funeral expenses officer shall pay the organizational unit in which the officer served immediately before death.

4. Funeral expenses organizational unit cover to a height of not more than six times the average wage in the quarter preceding the date of the funeral, issued by the President of the Central Statistical Office in the official journal of the Republic of Poland "Monitor Polish".

5. Regardless of the cost of the funeral of an organizational unit, in addition to bear the costs associated with the transport of corpses to the locality in which the deceased officer is to be buried.

6. If the family of the deceased officer as a result of the accident or disease in connection with the service: 1) has decided to organize their own funeral-funeral expenses officer shall be reimbursed up to the amount referred to in paragraph 1. 4; the provision of paragraph 1. 5 shall apply mutatis mutandis;

2) built a tombstone on your own order-funeral expenses officer shall be in this part of the recoverable to the amount of the difference between the amount referred to in paragraph 1. 4, and the amount actually spent to cover the costs of the funeral of officer, organized by organizational unit.

7. The Minister of Justice shall determine, by regulation, the detailed terms and conditions, the terms and mode of payment of funeral costs and how they document, taking into account the types of expenditure affecting this service.

Article. 211. [amount of funeral in the event of death of a family member] 1. In the event of death of a family member to the data protection officer shall be entitled to grant in the amount of $4000.

2. in the event of overlapping permissions to a funeral as referred to in paragraph 1. 1 with a funeral ' on the basis of separate provisions of the officer is obliged to first realize the entitlement to the allowance under separate.

Article. 212. [the funeral for the death of a family member] 1. The funeral for the death of a family member of an official shall be entitled in the event of death: 1) the spouse;

2) children or spouse and adopted children;

3) children being brought up in the foster family;

4) children adopted education before reaching the age of majority, if the parents are dead or may not provide maintenance or were deprived of or limited in the exercise of parental authority;

5) parents the officer or his or her spouse, as well as their stepfather, stepmother or people of their adopters;

6) persons whose legal guardian was established by the officer or his spouse.

2. In the case of overlapping of rights to the funeral due to coverage by the hearing officer funeral costs a member of his family who is also officer of the holder shall be entitled to one.

3. The Minister of Justice shall determine, by regulation, the payment of the funeral and the types of documents required for its withdrawal, taking account of the efficiency of the implementation of the withdrawal.

Article. 213. [the death of officer-financial assistance for education with the resources allocated for this purpose] 1. In the case of an officer whose death occurred in connection with the service, each of the children are dependent on him, which, at the date of his death, fulfil the conditions for obtaining a survivor's pension, the Director-General shall grant financial assistance for the education of the resources allocated for this purpose in the budget of the prison service.

2. The financial assistance referred to in paragraph 1. 1, entitled the public and non-public school students about the permissions the public schools for young people and for adults and students and teacher training establishments, colleges, social service workers, and students of higher education until the training, not longer, however, than to complete the 25. year of life.

3. The Minister of Justice shall determine, by regulation, the detailed conditions and the granting of the aid referred to in paragraph 1. 1, having regard to the amount of aid depending on the level of education and type of school.

Article. 214. [for the rest] 1. The hearing officer, who has acquired the right to annual leave, and each of the members of his family shall be entitled to a benefit in the form of aid for the rest, at the rate of 35% the lowest basic salary in the Prison Service, at the rate in force at the date of payment of the benefit.


2. in the event of overlapping powers, referred to in paragraph 1. 1, in respect of service of both spouses in the Prison Service surcharge shall be entitled to only one of them.

Article. 215. [the right to welfare benefits] 1. The officers and members of their families shall have the right to use the following social benefits: 1) stays organized by organizational units;

2) Cologne and holiday camps for children and young people organized by the organizational units;

3) stays removable foreign organized by organizational units;

4) foreign colonies and removable camps organized by the organizational units;

5) feeding in the employee cafeteria operated by organizational units;

6) recreation or sports activities organized by the organizational units.

2. Social benefits are paid, with the exception of sporting activities. Tuition fee should cover the costs connected with the organisation of your benefits and does not include the overhead for profit.

3. The Minister of Justice shall determine, by regulation, procedures and conditions for the granting of social benefits, taking into account: 1) superiors authorized the granting of social benefits;

2) documents underlying the adoption and reside in organizational units related to the implementation of the social services referred to in paragraph 1. 1 paragraphs 1 to 4 and 6;

3) properties and conditions of the service and living situation, family and material officer, in the case of the granting of social benefits, referred to in paragraph 1. 1 paragraphs 1, 2 and 4;

4) conditions of residence resort and participate in the colonies and camps, referred to in paragraph 1. 1 paragraphs 1, 2 and 4;

5) how to determine the needs in terms of capacity to benefit from the social services referred to in paragraph 1. 1 paragraphs 1 to 5, and how to keep records of people in organizational units and use of allocated seats;

6) cases determine compensation for lost or damaged property and cancellation fees from the social services referred to in paragraph 1. 1 paragraphs 1 to 4, and the arrival at another time than specified in the refer or early departure from the organizational unit;

7) in cases of the use of the middle portion of the food or food in the form of a packed lunch;

8) the method and time limits for determining the amount of fees and prepaid download cases;

9) terms making charges or catering in the organizational units that use social services, referred to in paragraph 1. 1 paragraphs 1 to 5.

Article. 216. [members of the family of the officer shall be entitled to benefits] 1. Members of the family of an official entitled to benefits provided for in article 4. 213-215 is believed to spouse and children.

2. Children are considered dependent children of your own, the spouse, adopted, taken on education, which: 1) under 18. years of age, and in the case of attendance at school-25 years;

2), regardless of age, have become incapable of work and independent existence or completely unable to work before the age referred to in paragraph 1.



Chapter 20 the examination of disputes over claims officials from the ratio of business Art. 217. [settlement of cases with a work relationship in writing] 1. A case with the business relationship are resolved by the superior in writing.

2. By a case with a work relationship should be understood: to establish a business relationship, appointment and appointment of officers to posts, transfer, dismissal and release from work, degrees of the prison service, the crash in business activities, release from service, entitlement expiration against a work, determine the salaries, benefits and other necessary activities related to the creation, alteration, leaving the work and implementation of resulting from this business relationship powers and responsibilities.

Article. 218. [settlement of cases relating to the exemption from service, transfers and the suspension of the business-decision] 1. Matters relating to: 1) the exemptions from service, 2) transfer of the Office to serve a different organizational unit, 3) transfer to a lower position, 4) suspension in business activities – shall be settled by decision.

2. the decision referred to in paragraph 1. 1 the officer may, within 14 days, to appeal to a higher supervisor.

3. the appeal shall not prevent the enforcement of a decision.

4. Proceedings in cases referred to in paragraph 1. 1, the provisions of the law of 14 June 1960 – administrative procedure code (Journal of laws of 2016, item 23).

5. The decision of the appellate body shall have the right to bring a complaint to the Administrative Court on the principles set out in the Act of 30 August 2002, the law on proceedings before administrative courts (Journal of laws of 2012.270, as amended).

Article. 219. [the settlement of matters arising out of reporting on business-order personal] 1. Issues arising from subsidiarity, concerning: 1) the appointment and the appointment to the position, 2) appeal and release from work and moving there, 3) broadcasting degrees the prison service, 4) posting to temporary duty in another organizational unit, 5) of the posting for the exercise of the tasks of work outside the Prison Service in the country or outside the country, 6) entrusting duties on another work bench-judges in the form of command personnel.

2. The form of command personnel shall also apply to the determination of the expiry relation.

3. Order personal is enforceable on the specified therein. From the order of a personal reference not entitled.

Article. 220. [disputes involving claims against business in other matters] disputes involving claims against business officers in matters not mentioned in the article. 218 paragraph 1. 1 and art. 219 paragraph 2. 1 and 2, shall examine the court competent in matters of labour law.

Article. 221. [Revocation of decisions, on the reconnection work relationship] 1. The repeal of: 1) final decision of medical Commission of the total inability to serve, 2) final conviction and release in the new proceedings final judgment acquittal, 3) final decision on conditional withdrawal of criminal proceedings of an intentional crime prosecuted public prosecution or an intentional crime with government public prosecution or intentionally committed fiscal offence and issue in a new investigation of a final judgment to discontinue those proceedings 4) a final judgment about procedures for disciplinary penalty of expulsion, as well as the revocation or declaration of invalidity the legal basis for the final decision to release from Prison Service – is the basis for the initiation of the proceeding on the reconnection work relationship. To proceedings shall apply mutatis mutandis to article. 38 and article. 39.2. In exceptional cases, justified by particular circumstances of the case, you can withdraw from the qualifying procedure or perform them in a limited extent.

3. the procedure referred to in paragraph 1. 1, carry out the superior right to revocation of a work relationship or exemption from service officer.

Article. 222. [re-establish a work relationship, the appointment of] 1. The positive end of the proceedings referred to in article 1. 221, provides the basis for the issue of the appointment of the Act referred to in article 2. 42 paragraph 1. 8, on the specific job title at least equivalent in terms of basic salary with the position taken by the hearing officer immediately before leaving the business.

2. Re-establish a relationship work is followed by the date of the repeal by the competent authority of the consequences of the termination of a business relationship, referred to in article 1. 221. The right to salary is formed from the date specified in the instrument of appointment.

3. in the absence of the possibility of the appointment referred to in paragraph 1. 1, the hearing officer shall be appointed to the position of business respectively lower, taking into account article. 72 para. 1.4. The appointment of the hearing officer on the lower job title follows with his consent. If you do not agree by the hearing officer consent releases it.

5. in the case of a negative conclusion of the proceedings referred to in article 1. 221, it appears the decision to discontinue the proceedings. The provisions of article 4. 218 shall apply mutatis mutandis.

6. the final decision to discontinue the proceedings on the reconnection work relationship is grounds for revocation of a work relationship with the date of the actual cessation of service by the hearing officer.

Article. 223. [cash benefit conferred an offi cial, which resumed business ratio] 1. An offi cial, which resumed business relationship or to which were discontinued the proceedings referred to in article 2. 221, entitled for the period remain out of service cash benefit equal to the pay of the position work occupied immediately before leaving the business, but not more than 6 months and not less than 1 month.


2. If during the period of being out of Commission the officer shall receive service pension scheme, paid on the basis of separate provisions, or the provision of cash, as referred to in article. 102 paragraph 1. 1, shall pay to him the amount of the difference between due to executive pay and paid the pension benefit scheme or provision referred to in article 2. 102 paragraph 1. 1.3. Period of being out of service, for which he was awarded the provision referred to in paragraph 1. 1, are treated on an equal footing with all service permissions depending on seniority.

Article. 224. [cash benefit if the repeal or annulment of the final decision to dismiss from service] 1. If the repeal or annulment of the final decision to dismiss from service in the Prison Service for reasons other than those referred to in art. 221 para. 1 the data protection officer shall be paid only cash consideration, referred to in article 2. 223 para. 1, taking into account paragraph 3. 2.2. The provision referred to in paragraph 1. 1, shall be paid within 14 days from the date of submission of the application by the hearing officer in this case together with the proof of revocation or annulment of the decision to dismiss from service in the Prison Service.

3. the provincial superior, referred to in article 2. 221 para. 3, concludes, on the basis of the document referred to in paragraph 1. 2 termination of business relationship with the date of the actual cessation of service by the hearing officer.

Article. 225. [Restore degree] hearing officer revived the degree should the final judgment adjudicating criminal measure of deprivation of rights or repeal the final conviction for an intentional crime prosecuted public prosecution or an intentional crime tax, to imprisonment, that has not been conditionally suspended.

Article. 226. [limitation of claims] 1. Claims for the right to salary and other benefits and monetary claims shall be barred after 3 years from the date on which the claim has become due.

2. Claim for rights to the first debts uniformed issued an offi cial in kind shall be barred after 3 years from the date on which the claim has become due.

3. the provincial superior is competent to hear claims may not take account of the limitation period, if the delay in the investigation of the claim is justified by exceptional circumstances.

4. The limitation period for claims for salaries and other benefits and receivables cash stops: 1) each action before the superior competent to deal with claims, taken directly to investigation or establish or satisfy a claim;

2) the recognition of the claim.

Article. 227. [right to interest in the event of non-payment and basic salary on a permanent basis within] in the case of non-payment basic salary and emoluments on a permanent basis within the period referred to in article 1. 62 paragraph 1. 2, the hearing officer shall be entitled to receive statutory interest for the delay, charged for each day of delay.

Article. 228. [deductions from salaries] 1. With the salaries of officers may be effected deductions on the principles set out in the rules of execution or enforcement proceedings in administration or in other specific rules, if the further provisions of this Act does not provide otherwise.

2. the emoluments referred to in paragraph 1. 1 shall mean basic salary along with on a permanent basis, as well as the benefits of leaving the work referred to in article 1. 99 and article. 102 paragraph 1. 1.3. The Minister of Justice shall determine, by regulation, the superiors are competent to make deductions from the salaries and the procedure in these matters, taking into account, in particular, the basics to make deductions and how to deal with contributions deducted amounts.

Article. 229. [Exemption deductions] Deductions on the principles set out in the rules of execution or enforcement proceedings in administration or in other specific legislation does not apply to advances being downloaded to the settlement, and in particular on the costs of the trip, delegation or transfer. These claims shall be deducted from the salaries in full, regardless of the deductions from other titles.



Chapter 21 disciplinary responsibility officers Article. 230. [disciplinary responsibility] 1. The officer corresponds to disciplinary action for committing a disciplinary offence of infringement of professional discipline or for acts contrary to the complex vow.

2. breach of professional discipline is the action the officer committed intentionally or unintentionally to breach the good name of the service or on the crossing or the failure to execute the obligations arising from the law or orders and commands issued by his superiors.

3. Violation of the discipline of business, in particular: 1) the denial of the execution or non-execution of a command or order of the superior or authority authorized under the Act to issue instructions to the officers;

2) business or inactions her improperly;

3) inhumane treatment, derogatory dignity of persons deprived of their liberty;

4) breach of official duties or exceeding the powers laid down in the law;

5) misrepresentation of the superior or other officer, if caused or could harm the service or another person;

6) proceedings of the superior to the loosening of official discipline;

7) appearance in the State after using alcohol or just running and consuming alcohol or just running the Center at the time of service;

8) loss of business firearms, ammunition or business card;

9) loss of existing item, which use by unauthorized persons harm citizens or created a threat to public order or safety;

10) loss of a document containing information constituting a State secret or official;

11) abuse of official position or Department to achieve financial gain or personal;

12) arbitrary dismissal of the officer from the accommodation, if fully skoszarowanym system service, as well as unjustified leave or absence at the place of duty.

4. An act constituting a disciplinary offence, the filling at the same time, the hallmarks of a crime, a misdemeanor, a crime, tax the tax offense shall be subject to disciplinary responsibility regardless of criminal liability or criminal liability tax.

5. in the case of an act constituting a disciplinary petty, filling at the same time, tax offenses or offenses nevi, which blamed was punished, postponed a disciplinary may withdraw from the proceedings, and initiated release.

6. in the case of an act constituting a disciplinary minor disciplinary superior, referred to in article 2. 231, may withdraw from the proceedings and perform with the suspect misconduct disciplinary documented conversation dyscyplinującą.

Article. 231. [dyscyplinarni Superiors of the officers] 1. Superior of the disciplinary hearing officer is the appropriate head of the organizational unit referred to in article 2. 32. the same disciplinary authority has the officer entrusted with the duties in this position.

2. Superior disciplinary officer dealing with a higher management position in an organizational unit is the appropriate superior, referred to in article 2. 63 para. 2.3. The superior officer to temporarily delegated disciplinary service or which has been delegated to the initial training, professional, specialized or vocational training course at the Central Prison Service Training Centre, the training of the prison service or the human resources improvement Centre prison service disciplinary superior is in a place of temporary duty, of training or professional development, excluding the possibility of rule on the penalties referred to in article 1. 232 points 3 to 7, that it administers the superior respectively, as referred to in paragraph 1. 1 and 2.

4. In the event of the transfer of an official to serve another organizational unit and related changes to the superior disciplinary disciplinary proceedings initiated against the officer takes over and decides in the first instance a new disciplinary superior of.

5. The officer designated to perform tasks work outside the Prison Service is subject to the disciplinary authority of the superior, referred to in paragraph 1. 1 and 2.

6. Superior disciplinary may in writing authorize their deputies or other officers with him-led OU to the things disciplinary matters on its behalf within the specified range.

7. in terms of determining the properties of the superior in disciplinary matters are resolved by the higher disciplinary superior by way of the provisions.

8. The higher disciplinary superior in disciplinary proceedings conducted against:


1) Director-General, Deputy Director-General, the Director of a regional Training Centre Commander, the prison service, the prison service training Commissioner and the human resources development Commissioner prison service directly subordinate to the Director-General and officials of the Central Board of the prison service-is the Minister of Justice;

2) Deputy Director of the district, the Director of the prison or detention center, Deputy Commander of the prison service Training Centre, Deputy Commander of the training of the prison service, the Deputy Commander of the improvement of prison service staff directly subordinate to the Director-General and regional officers of the Inspectorate of prison service-is the Director-General;

3) Deputy Director of the prison or detention center, Deputy Commander of the improvement of the prison service personnel and officers of these units is the Manager of the district.

Article. 232. [disciplinary] disciplinary Penalties are: 1) reprimand;

2) warning about incomplete suitability of occupation work;

3) warning about incomplete suitability for service in the Prison Service;

4) designation on lower job title;

5) reduction of degree;

6) appointment to a lower job title along with the reduction of the degree;

7) removal from post.

Article. 233. [Kara rebuke] Kara reprimand is pointing out our shortcomings, ukaranemu by the superior disciplinary misconduct.

Article. 234. [Kara warnings about incomplete suitability of occupation service] 1. The penalty warnings about incomplete suitability of occupation work involves carrying out talks to exercise their disciplinary and pointing out our shortcomings ukaranemu of misconduct and prejudice that if commit disciplinary, may be appointed to a lower position work in disciplinary action or punishment stricter disciplinary penalty.

2. The penalty warnings about incomplete suitability for service in the Prison Service is conducting a conversation, pointing out our shortcomings, misconduct and warning that committing again punished may be expelled.

Article. 235. [Punishment designate the lower job title] 1. Capital punishment designate the lower job title is released with a work position and the appointment to the position of duty lower than the previously occupied.

2. Seize punishment designate the lower job title officer, you cannot design a higher job title.

Article. 236. [Punishment reduction degree of] Punishment lower degree is the release command personnel about the loss of your degree and degree of directly.

Article. 237. [Punishment of removal from service] 1. Dismissal of Commission is revoking the business relationship.

2. The penalty of expulsion from the service of the officer sending the Director General.

Article. 238. [amount of offenses and penalties] 1. For committed disciplinary can impose only one disciplinary penalty.

2. For committing some disciplinary misconduct can impose one punishment disciplinary board, similarly, respectively, whereas considerations of educational or preventive leveled punishment.

Article. 239. [rules of the penalty] 1. Meted out the punishment should be commensurate with the disciplinary misconduct and the degree of culpability, in particular, should take into account the circumstances of committing a disciplinary misconduct, its effects, including the implications for the service, the type and degree of infringement of the obligations on the defendant duties, wake-up activity, the behavior of an accused person before committing a disciplinary offence and after its Commission and the existing process.

2. On the aggravation of the penalty the following circumstances affect a disciplinary offence committed: 1) with motives and motives deserving special condemnation or able to after using alcohol or other similarly acting;

2) committing a disciplinary offence by an officer seize leveled him disciplinary penalty;

3) serious adverse disciplinary misconduct, especially significant distortion of the performance of the tasks of the prison service or violation of the good name of the prison service;

4) activity in the presence of a subordinate, together with him, or on his injury.

3. To help ease the penalty the following circumstances affect a disciplinary offence committed: 1) nieumyślność it was committed;

2) action by the official efforts to reduce its effects;

3) lack of sound professional experience or insufficient professional skills;

4) voluntary disciplinary Commission disciplinary misconduct of superior informed prior to the initiation of disciplinary proceedings.

4. disciplinary Superior shall take account of the circumstances referred to in paragraph 1. 1-3, only to the officer, whom they relate.

Article. 240. [a reasonable guess to commit misconduct disciplinary, doubts about committing a disciplinary offence] 1. The superior discipline if there is a reasonable supposition was committed by an official disciplinary misconduct: 1) shall initiate disciplinary proceedings: a) on its own initiative, b) at the request of his immediate superior officer, c) to the higher command of the superior, d) at the request of the Court or the public prosecutor;

2) may initiate disciplinary proceedings at the request of the injured party.

2. the Higher disciplinary superior may initiate or take to conduct disciplinary proceedings before judgment if, in its view, is necessary due to the nature of the case.

3. In the case referred to in paragraph 1. 1 (1) (a). (d) and paragraph 2, the Superior Court accordingly notify the Prosecutor or disciplinary or the victim to initiate disciplinary proceedings and the outcome of that procedure by sending a copy of the judgment or order. Materials provided by the Court, the Prosecutor or the injured party be included in the Act of disciplinary proceedings.

4. If there are doubts about committing misconduct disciplinary action, his legal qualifications, the identity of the perpetrators or the nature of the case is complicated and complex, prior to the initiation of disciplinary proceedings disciplinary superior have carried out investigations. These steps must be completed within 30 days.

5. Disciplinary proceedings shall be initiated as from the date of adoption of the order of the initiation of disciplinary proceedings. The officer that issued the order to initiate disciplinary proceedings, shall be considered as an accused person.

6. the order of initiation of disciplinary proceedings includes: 1) the designation of the superior disciplinary;

2) date of issue;

3) degree, first and last name and job title of an accused person;

4) a description of the disciplinary offence alleged obwinionemu along with its legal qualification;

5) justification the actual alleged disciplinary offence;

6) disciplinary ombudsman investigating;

7) signature of Administration degree, first and last names of the superior disciplinary;

8) the letter of rights conferred obwinionemu in the course of the disciplinary proceedings.

Article. 241. [process Conditions] 1. Disciplinary proceedings not instituted and initiated cancellations: 1) if the investigation has not confirmed the existence of a disciplinary offence;

2) after the expiry of the time limits referred to in paragraph 1. 3-5;

3) in the event of death of an official;

4) if final judgment has been passed upon the same issue disciplinary action or disciplinary proceedings;

5) when due to the gravity of the offence proves to be sufficient measures to discipline in the form of: a) to exercise their disciplinary interview, b) the obligations of an accused person to apologies, c) accused ' obligation of the victim to remedy;

6) when there is a different circumstance excluding proceedings.

2. Order not to initiate disciplinary proceedings and the decision on the closure of disciplinary proceedings shall be delivered to the victims, if it made a request for the initiation of disciplinary proceedings. In order not to initiate disciplinary proceedings and the decision to discontinue the proceedings, the victim may appeal to the higher disciplinary superior within 7 days from the date of their delivery. Article. 240 paragraph 1. 1 (1) (a). (c) shall apply.

3. Disciplinary proceedings shall be initiated not after 90 days from the date of receiving by the superior of the disciplinary Commission disciplinary misconduct news.

4. disciplinary Penalties cannot be impose after one year from the date of committing a disciplinary offence. Suspension of disciplinary proceedings suspends the running of the term.

5. If a disciplinary offense is an act containing at the same time, the hallmarks of a crime, a misdemeanor tax offense, or tax offences, the expiry of the period referred to in paragraph 1. 4, shall not take place earlier than the expiry of limitation criminal records of these crimes or offences.


Article. 242. [Voluntary submission to punishment] 1. If wine and official deed does not raise questions, and there is no need to impose one of the penalties referred to in article 1. 232 points 3 to 7, after hearing of an accused person and by the explanation in writing and obtaining his written consent for voluntary submission to the disciplinary action without carrying out a disciplinary procedure shall be drawn up with the steps above, and seems to have a decision on procedures for disciplinary penalty.

2. The decision referred to in paragraph 1. 1, complaint not entitled.

Article. 243. [the disciplinary Spokesman, postponed a disciplinary] 1. Disciplinary proceedings disciplinary spokesman leads.

2. the Supervisor shall appoint a disciplinary attorneys disciplinary for a period of 4 years out of officers in the service. The officer may be appointed to act as a disciplinary Attorney again.

3. Superior disciplinary to conduct disciplinary proceedings shall appoint a disciplinary Attorney at least: 1) younger Ensign, if the proceedings to an officer holding a degree in the privates, non-commissioned officers or warrant officers;

2) Second Lieutenant, if the proceedings to an officer holding a rank of officers to the rank of Captain;

3) Captain, if the proceedings to an officer holding the rank of major or higher.

4. disciplinary Superior to conduct disciplinary proceedings may designate a team made at least two disciplinary attorneys, in particular where this is justified by the complex and complicated nature of the case or the weight of the misconduct.

Article. 244. [Appeal disciplinary Attorney] 1. The superior disciplinary references the disciplinary ombudsman in cases of: 1) of the circumstances which are the basis for exemption from service in the Prison Service;

2) final justice disciplinary;

3) transfer it to a different OU non-directly to the superior discipline.

2. The Ombudsman shall, with the consent of the superior disciplinary action, you can use another disciplinary Attorney in carrying out the steps.

3. Superior disciplinary ombudsman suspended disciplinary in the exercise of its functions in the case of the initiation of disciplinary proceedings against him or criminal.

Article. 245. [Exclusion from participation in disciplinary proceedings disciplinary superior and disciplinary Attorney] 1. The higher the superior disciplinary, disciplinary or disciplinary spokesman be excluded from participation in disciplinary proceedings, if: 1) the case concerns it directly;

2) is the spouse, relative or kin of an accused person, or his victim within the meaning of the provisions of the Act of 6 June 1997-the code of criminal procedure (OJ item 555, as amended);

3) witnessed the deed;

4) there is the fact of this kind that could cause reasonable doubt as to his impartiality in the case.

2. the Higher disciplinary superior, superior of the disciplinary and disciplinary Ombudsman can be disabled from participation in disciplinary proceedings also in other justified reasons.

3. About justifying the exclusion from participation in disciplinary proceedings disciplinary superior disciplinary, higher and higher, respectively, immediately notify the Chief supervisor of the disciplinary and the superior of the disciplinary action.

4. Disable the higher disciplinary superior, superior of the disciplinary and disciplinary Attorney from participation in disciplinary proceedings may also be refused at the request of the defendant or defender, if it was established.

5. Superior disciplinary issues a decision to exclude or to refuse the exemption of the disciplinary Ombudsman from participation in disciplinary proceedings.

6. Higher superior disciplinary issues a decision to exclude or to refuse the exemption appropriately higher superior or disciplinary superior in disciplinary proceedings.

Article. 246. [Exclusion from participation in the proceedings-taking over of proceedings] 1. If you turn off the superior disciplinary from the participation in disciplinary proceedings on the basis of article. 245 paragraph. 1 and 2 disciplinary acquires higher postponed a disciplinary or designates the superior disciplinary equivalent organizational unit.

2. In the case of the Director-General from participation in disciplinary proceedings on the basis of article. 245 paragraph. 1 and 2 disciplinary takes over one of his deputies.

3. in the case of exclusion of Ombudsman disciplinary from the participation in disciplinary proceedings on the basis of article. 245 paragraph. 1 and 2 disciplinary takes to conduct another designated disciplinary spokesman.

4. Until such time as by the superior of the disciplinary provisions to exclude the disciplinary ombudsman takes urgent steps only.

Article. 247. [Steps in the disciplinary proceedings] 1. A spokesman for the disciplinary collects evidence and take the necessary steps to clarify the matter, in particular, interviews of witnesses, the defendant, takes him to clarify and make a Visual inspection. With these activities, the Ombudsman shall draw up protocols. A spokesman for the disciplinary may also have carried out relevant studies.

2. From activities other than those mentioned in paragraph 1. 1 shall be drawn up, if the special provision that requires either postponed a disciplinary or a disciplinary Ombudsman deems it necessary. In other cases you can limit yourself to make notes.

3. The Protocol should include: 1) the designation of the operation, its time and place, people participating in it or on it and the nature of their participation;

2) description of activities;

3) where necessary: (a)) other circumstances relating to the course of actions, (b)), claims and conclusions of the participants steps c) letter of powers and duties.

4. Explanations, evidence, statements and conclusions and specific circumstances by the disciplinary ombudsman or the head of the organizational unit shall be recorded in the minutes of the possible accuracy, and people taking part in the action shall have the right to require in the minutes of the full fidelity of everything that affects their rights and interests.

5. the persons involved in the activities, from which it is drawn up the Protocol, as well as people with her present, after hearing the wording of the Protocol shall sign each page. Refusing to familiarize yourself with the content of the Protocol, as well as the denial or lack of the signature of any person to be described in the Protocol.

6. The Ombudsman shall in the course of the proceedings it seems, if their release is not reserved to the superior properties of the disciplinary action.

7. An order made in the course of the proceedings, with the exception of the provisions on disciplinary proceedings, should contain: 1) the issuing order of the disciplinary ombudsman or disciplinary superior;

2) date of issue;

3) the legal basis for the adoption of the order;

4) degree, first and last name and job title of an accused person;

5) decision;

6) justification in fact and in law;

7) instruction, whether and in what mode has the right to submit complaints;

8) caption mentioning the degree, first and last name of the issuing order.

8. If you need to carry out operations outside the town, in which proceedings are pending disciplinary action, disciplinary may ask for its conduct to the head of the organizational unit competent according to the place in which the Act is to be made.

9. If the Act which is the subject of disciplinary proceedings is or has been the subject of other proceedings, including investigation, disciplinary may apply to the competent authority for the Act in whole or in part. With the agreement of that authority needed copies or extracts from the shared file be included in the Act of disciplinary proceedings.

10. If the evidence so warrants, the superior disciplinary issues a decision to change.

11. If in the course of the disciplinary officer will commit another offense, leads to one. The provision of paragraph 1. 10 shall apply mutatis mutandis.

Article. 248. [procedure] 1. In the course of disciplinary proceedings blamed has the right to: 1) remain silent;

2) proposals of evidence;

3) browsing the Act of disciplinary proceedings and the drafting of notes, subject to paragraph 2. 2;

4) establishment of a defender, which may be a lawyer, solicitor or indicated by an accused person, who agreed to represent the defendant, in the course of the disciplinary proceedings and appeal proceedings;

5) contribute to a superior disciplinary complaints on the provisions issued by the Ombudsman in the course of the proceedings of the disciplinary, within 7 days from the date of service, and in cases specified in the Act; the provisions issued by the superior of the disciplinary complaint is entitled to the higher of the superior disciplinary action, subject to article 22. 253 paragraph 1. 8.


2. the disciplinary Ombudsman may, by order, refuse to share the file, if it precludes a good disciplinary proceedings. On order are entitled to appeal.

3. The establishment of the Defender shall entitle him to act throughout the disciplinary proceedings, including the action after the final judgment, if it does not contain restriction. To change the scope of the power of attorney to act in disciplinary proceedings or about his withdrawal blamed shall immediately inform the defender and advocate of the disciplinary.

4. The Defender may not take steps, to the detriment of the defendant. He can opt out of represent an accused person in the course of disciplinary proceedings, the notice that an accused person and a disciplinary ombudsman. Pending the establishment of a new Defender, but for not more than 14 days from the date of notification of an accused person, is obliged to take the necessary steps.

5. the share of a defender in disciplinary proceedings does not exclude the personal act of an accused person in it.

6. A decision, order, notice and other writings, published in the course of disciplinary proceedings, shall be served on the obwinionemu and, if it was established. In the event of delivery of obwinionemu and for different dates of Scripture, from which an appeal or complaint, the time limit for appeal or complaint shall be counted from the date of delivery, for each of them individually.

7. Request the evidence written disciplinary Ombudsman reports blamed, which shall decide on the request, or refuses to, by way of the provisions, take account of the request if: 1), the fact to be proven, it does not matter to the outcome of the case or is already proven in accordance with the claim of the applicant;

2) proof is useless for determining the circumstances or cannot be carried out;

3) the taking of evidence is inadmissible.

8. The provision concerning the failure to request the taking of evidence shall be entitled to appeal.

9. Absence of an accused person in the service of, and the failure of the Ombudsman's call unjustified disciplinary action does not suspend the running of disciplinary proceedings.

Article. 249. [presumption of innocence] 1. The superior disciplinary and disciplinary shall examine and take into account the circumstances of the case both in favor and against the defendant.

2. An accused person is considered innocent until his fault is not proven and established by a final decision. Indelible remove doubts are resolved in favor of the defendant.

Article. 250. [the term operations, suspension and suspended proceedings] 1. Activities of proof in disciplinary proceedings should be completed within one month from the date of the initiation of this investigation. The higher the superior discipline by means of provisions, may extend the term Act of proof for 2 months.

2. the disciplinary Supervisor may suspend disciplinary proceedings because of long-term obstacles preventing the conduct of the proceedings. The order to suspend disciplinary proceedings shall be entitled to appeal within 7 days from the date of service of the order. If the disciplinary proceedings were initiated at the request of the injured party, a complaint may also submit the victim.

3. Superior disciplinary issues a decision on the suspended disciplinary proceedings after cessation of the obstacles referred to in paragraph 1. 2. Article. 251. [Review of acts of disciplinary proceedings] 1. The disciplinary spokesman after the steps of evidence and recognition that have been explained to all the relevant circumstances of the case, it shall inform the accused person and his counsel about the possibility to get acquainted with the acts of disciplinary proceedings within 5 days from the date of receipt of the notification.

2. Of the following review of the acts of disciplinary proceedings shall be drawn up.

3. Failure to with acts of disciplinary proceedings or the refusal to get acquainted with them or sign stating this fact shall not prevent proceedings. A spokesman for the disciplinary shall mention of refusal in the file.

4. Blamed has the right within 3 days from the date of check out acts of disciplinary proceedings request about their supplement. On the issued by the Ombudsman the disciplinary order of refusal addendum Act disciplinary obwinionemu's for the right to submit complaints.

5. Blamed has the right within 3 days from the date of check out accompanied with acts of disciplinary proceedings request their complement in terms of carried out activities of evidence supporting files that procedure.

6. The Ombudsman shall, after hearing the defendant with the acts of disciplinary proceedings, shall make an order to terminate the steps of evidence and shall draw up a report, that: 1) indicates that the investigating and disciplinary superior, which issued a decision to initiate disciplinary proceedings;

2) indicates an accused person and specifies alleged disciplinary offence to him, with a description of the facts and law, established on the basis of evidence;

3) presents proposals for acquittal, fault, withdraw from the punishment or the assessment of penalties or does not proceed.

Article. 252. [Decision] 1. Based on the evaluation of the collected in disciplinary proceedings of the evidence the superior disciplinary ruling: 1) acquittal or 2) withdrawal from the punishing, or 3) punishment, or 4) discontinue the proceedings.

2. The decision shall include: 1) the designation of the superior disciplinary;

2) date of issue of the decision;

3) degree, first and last name and job title of an accused person;

4) a description of the disciplinary offence alleged obwinionemu along with a legal qualification;

5) decision;

6) rationale for the decision in fact and in law;

7) the letter of the law, date and mode of appeal;

8) signature, with degree, first and last names of the superior disciplinary, and the seal of the organizational unit.

3. Postponed a disciplinary order repealed, referred to in article 1. 251 paragraph 1. 6, and shall forward the case file to the Ombudsman of disciplinary action to be completed in the case of statements that have not been explained to all the circumstances of the case.

4. Superior disciplinary redeems the disciplinary proceedings in the cases referred to in article 1. 241 of paragraph 1. 1.5. The superior disciplinary may waive the punishment, if the degree of fault or the degree of harmfulness of disciplinary offence for service is not significant, and the properties and conditions of personal and official service record so far justifies the assumption that despite the withdrawal from the punishment he will abide by the discipline and rules of professional conduct.

6. The decision referred to in paragraph 1. 1, and the reasons for it must be made in writing within 14 days from the date of the adoption of the order of the completion of the activities.

7. The decision referred to in paragraph 1. 1, shall be delivered to the obwinionemu immediately.

8. If the disciplinary superior, referred to in article 2. 231 paragraph. 1, it considers that it should impose disciplinary penalty to which the assessment is not appropriate, a proposal to this effect together with the acts of disciplinary proceedings shall send the supervisor of disciplinary action competent to impose this penalty.

9. If you want to bring the penalty of expulsion from the superior discipline before the disciplinary decision, shall hear the defendant, in the presence of the Ombudsman, the disciplinary action. At the hearing the defendant, can participate. Of the date of the hearing should notify the competent Board of trade union officers. The representative of the Board of Directors may participate in a hearing, unless blamed not permission to do so.

10. The provisions of paragraph 1. 9 shall not apply in the case of: 1) the provisional arrest of an accused person;

2) refusal of an accused person to appear in order to be heard or Unexcused absences within the prescribed period to be heard;

3) of other obstacles preventing the obwinionemu appear to be heard within 14 days from the date of service of the order of the completion of the activities.

Article. 253. [Reference] 1. The disciplinary proceedings is two stages, subject to article 22. 242. From the judgment in the first instance obwinionemu may be appealed within 14 days from the date of delivery of the decision; an appeal may be withdrawn.

2. the appeal shall be submitted to the higher disciplinary superior through superior, that gave the judgment at first instance.

3. the Higher disciplinary superior refuses to accept the appeal, by way of the provisions, if it is filed after the due date, or by an unauthorized person or is unacceptable. Provision of art. 263 shall apply mutatis mutandis.

4. If failure to comply with the time limit referred to in paragraph 1. 1, occurred for reasons independent of an accused person, blamed within 7 days from the date of cessation of the obstacle can request for relief, completing at the same time, steps that had to be made within the time limits.

5. On the question of the restoration of the term hereby rules by order of the higher superior, which had to be made.

6. the denial of the restoration of the term have a complaint.


7. an application for relief shall not prevent enforcement of the judgment, however, the superior discipline to which applied, or the higher disciplinary superior may, by order, suspend the enforcement of a decision; the refusal to suspend does not require justification.

8. If the judgment or order of the Minister of Justice issued at first instance, appeal or complaint shall not be entitled to. Blamed may, however, within the period referred to in paragraph 1. 1, apply to the Minister of Justice with the request to reconsider the case; to that conclusion shall apply mutatis mutandis the provisions concerning appeals from decisions.

Article. 254. [case in appeal proceedings] 1. In an appeal case on the basis of the facts established in the disciplinary proceedings. If it is needed to correct the judgment, the superior discipline can make up the evidence by having the Ombudsman disciplinary action leading disciplinary action of proof, defining their scope.

2. The materials obtained as a result of the actions of proof referred to in paragraph 1. 1, a spokesman for the Chief defendant, take note. Within 3 days from the date of check out these materials blamed has the right application a higher supervisor of disciplinary action referred to in paragraph 1. 1, comments on the activities carried out. The provisions of article 4. 251 paragraph 1. 1-3 shall apply mutatis mutandis.

Article. 255. [the Commission to examine the contested decision] 1. Higher superior shall within 7 days from the date of filing the appeal shall appoint a Commission to examine the contested decision, hereinafter referred to as "the Commission".

2. The Commission shall be composed of three officers in the service of a constant, of whom two shall designate the higher disciplinary superior, and one is a competent regional Board of the trade union officers.

3. The appointment of the representative of the trade union officers to the composition of the Commission, President of the Board of Directors of the regional trade union officers shall notify the higher disciplinary superior within 7 days from the date of receipt of the notification of the appointment of such a Commission. In the case of no representative trade union officers, the third member of the Commission shall appoint the higher disciplinary superior of.

4. Higher superior shall designate the President of the members of the Commission.

5. The provisions of article 4. 245 paragraph. 1-3 shall apply mutatis mutandis to the members of the Commission.

6. The Commission may hear disciplinary Attorney, the defendant or his counsel.

7. Failure to properly zawiadomionych: Ombudsman disciplinary action, the defendant or Defender shall not prevent resolution of the case.

8. the Commission may apply to the higher disciplinary superior to supplement evidence pursuant to art. 254 paragraph. 1. Article. 256. [the report of the Committee together with the proposal for how to do references] 1. Carried out actions the Commission shall draw up a report, together with a proposal for how to do references.

2. The Commission shall submit to the higher disciplinary supervisor report referred to in paragraph 1. 1, within 21 days from the date of its appointment.

3. consideration of the appeal by the higher disciplinary superior should take place within 14 days from the date of receipt of the report referred to in paragraph 1. 1.4. The higher the superior disciplinary may contested the judgment: 1) maintain in force or 2) waive, in whole or in part, and in this regard to acquit an accused person, withdraw from the punishing, or impose a different penalty or avoiding this judgment – release of disciplinary proceedings in the first instance, or 3) should be repealed in its entirety and refer the matter for reconsideration by the superior disciplinary action, when the decision requires actions evidence in whole or in substantial part.

5. The appeal proceedings to adjudicate in the case of withdrawal of the appeal.

6. On appeal the higher disciplinary superior may not impose more severe disciplinary penalty in the case of an appeal by the defendant.

Article. 257. [the legitimacy of the judgment or order] Judgment or order becomes final: 1) with the deadline for an appeal or complaint, if it was not;

2) on the judgment or order by the review body.

Article. 258. [execution of sentence] 1. Postponed, after final judgment, immediately executes the sentence imposed. Provision of art. 237 paragraph 1. 2 shall apply mutatis mutandis.

2. the final decision to withdraw from the punishing or punishment be included in the personal file official.

Article. 259. [the correct application of the code of criminal procedure] 1. In matters not regulated by this Act to the disciplinary procedure shall apply mutatis mutandis the provisions of the Act of 6 June 1997-the code of criminal procedure concerning the meeting requests, appointments, service and witnesses, with the exception of the possibility of the imposition of penalties.

2. Exempt from filing or answers to questions people remaining with the defendant in particularly close personal relationship settles disciplinary spokesman. Denial of an exemption from filing or answers to questions is a complaint within 7 days from the date of service of the order.

Article. 260. [bridge the disciplinary penalty] 1. Blurring the disciplinary penalty means recognition of penalties for void.

2. disciplinary Penalties are subject to seizure after: 1) 6 months from the date when the decision of punishment a reprimand;

2) 12 months from the date when the decision of the penalty warnings about incomplete suitability of occupation or work in the Prison Service;

3) 18 months from the date when the decision of punishment designate the lower position, lower level, the designation lower job title along with the reduction of the degree.

3. in the case of impeccable service, established in the opinion business, postponed a disciplinary punishment before the expiry of disciplinary blur may referred to in paragraph 1. 2, but not earlier than before: 1) 3 months from the date of the decision of punishment a reprimand;

2) 6 months from the date of the judgment of the penalty warnings about incomplete suitability of occupation work or penalty warnings about incomplete suitability for service in the Prison Service;

3) 12 months from the date of the decision of punishment designate the lower position.

4. For demonstrating bravery or courage, and for major achievements in carrying out the work postponed a disciplinary may at any time to wipe out the disciplinary penalty.

5. If the officer will be punished again seize disciplinary penalty, the period required to smear the new disciplinary penalty shall run from the date of seizure the previous penalty.

6. in the case of simultaneous execution of more than one disciplinary penalty obliteration of penalties from the expiry of the time provided for the penalty more severe.

7. Bridge the disciplinary penalty disassociates from the personal file of an official decision on punishment. The decision to withdraw from the punishment is removed from the personal file after 6 months from the date of its implementations.

8. Superior disciplinary maintains a record of disciplinary penalties.

Article. 261. [resumption of disciplinary proceedings terminated by a final decision] 1. Disciplinary proceedings terminated by a final judgment of the resume, if: 1) evidence, on the basis of which the relevant circumstances, proved to be false;

2) disclosed the relevant circumstances, which were not known in the course of disciplinary proceedings;

3) judgment in violation of the rules in force, and if it could have an impact on the content of the decision;

4) judgment was given based on the other, the decision, which was subsequently repealed or amended;

5) as a result of the decisions of the Constitutional Court has lost power or has changed legal provision which is the basis for the decision of the disciplinary;

6) the need for this arises from the decision of international authority acting under an international agreement ratified by the Republic of Poland.

2. Disciplinary proceedings shall resume from the Office or at the request of ukaranego. In the case of his death proceedings resume at the request of a family member who is entitled to a survivor's pension.

3. In the case referred to in paragraph 1. 1 point 5 and 6, an application for renewal consists of within one month from the date of entry into force of the decisions of the Constitutional Court or settle international authority acting under an international agreement ratified by the Republic of Poland.

4. Disciplinary proceedings does not resume to to the detriment of the ukaranego following the cessation of criminal records of disciplinary misconduct.

5. Disciplinary proceedings does not resume after the expiration of 5 years from the date when the judgment.

6. Resume of disciplinary proceedings ex officio shall be ukaranego or, in the case of his death, a family member who is entitled to a survivor's pension.

7. a request for resumption of disciplinary proceedings shall be to the superior disciplinary, that gave the judgment at first instance, within 30 days from the date on which the punished learned of the circumstances giving rise to the proceedings are resumed.


8. If the cause of the resumption of the proceedings is the superior disciplinary action referred to in paragraph 1. 7, resume settles higher superior disciplinary.

9. the decision on refusal to resume the disciplinary ukaranemu and family member is entitled to a survivor's pension, as referred to in paragraph 1. 2, you can use the complaint to a higher supervisor disciplinary action within 7 days from the date of service; the order made by the Minister of Justice shall be entitled to the same time a request for re-examination of the case.

Article. 262. [the proceedings after you resume the disciplinary proceedings] 1. When you resume the disciplinary procedure shall be carried out the steps of evidence limited to reasons for restarts, and after their completion, according to the findings, it seems the decision: 1) repealing previous opinion and stating acquittal ukaranego or cancellation of disciplinary proceedings or 2) amending previous decision and wymierzające another disciplinary penalty, or 3) refusing to repeal the existing order.

2. Change the previous decision and the imposition of any other disciplinary penalty may not take place after the cessation of the criminal records of disciplinary misconduct.

3. a penalty more severe than current is possible only if the resume from Office and the penalty imposed is grossly disproportionate to the misconduct of the disciplinary.

4. If, following the resumption of proceedings against a lighter penalty, repeal of the effects of the existing penalty, and in the case of the assessment of penalties more severe its execution starts from the date of the assessment.

5. On the judgment and order made in the resumption of the disciplinary procedure is ukaranemu, and in the case of his death, a family member is entitled to a survivor's pension, the appeal or complaint to the higher disciplinary superior within 7 days from the date of service; the order made by the Minister of Justice shall be entitled to the same time a request for re-examination of the case.

6. The term seizure penalty as amended following the resumption of the proceedings shall be counted from the day when a decision on procedures for new penalties. On the period of smearing the new penalties include seizure period that has elapsed since the judgment has become final or the penalties so far.

Article. 263. [the right to appeal to the competent for the place of residence of the defendant, the Labour Court] decision and ending the disciplinary hearing officer shall have the right to appeal to the competent for the place of residence of the defendant, the labour court within 14 days from the date of service of the judgment or order and the reasons for it.

Article. 264. [Delegation] the Minister of Justice shall determine, by regulation, detailed execution mode of disciplinary with respect to officers, including circulation of documents related to disciplinary, straightening writing and accounting errors and other obvious errors, and determine the patterns of provisions and other documents drawn up in disciplinary proceedings, having regard to the efficiency of the proceeding.



Chapter 22 transitional and final provisions Article. 265. [Previous post] 1. The person appointed to the post of Director-General and appointed to the post of Deputy Director-General, as well as the officer appointed to the position of Director of the regional district, the Deputy Director, the Director of the prison or the Director of the detention center, Deputy Director of the prison or the Deputy Director of the detention center, the prison service Training Centre Commander, Commander of the training of the prison service and prison service personnel development center Commander and the Deputy Commander of the prison service Training Centre , Deputy Commander of the training of the prison service and the Deputy Commander of the improvement of the prison service personnel on the basis of the provisions of the Act, referred to in article 1. 273, performs his duties or full service not yet occupied work position for a period not exceeding 6 months from the date of entry into force of this Act.

2. If during the period of 6 months from the date of entry into force of this Act, referred to in paragraph 1. 1, will not be called, respectively, for the post of Director General, Deputy Director-General, Regional Director, the Deputy Director of the district, the Director of the prison or the Director of the detention center, Deputy Director of the prison or the Deputy Director of the detention center, the prison service Training Centre Commander, Commander of the training of the prison service and prison service personnel development center Commander and the Deputy Commander of the prison service Training Centre, Deputy Commander of the training of the prison service and the Deputy Commander of the improvement of the prison service personnel as specified in Chapter 8 , then releases it with their usual position. The provisions of article 4. 68 shall apply mutatis mutandis.

3. The hearing officer referred to in paragraph 1. 2, shall be exempt from service, if you do not agree to the transfer of a position referred to in article 2. 68 para. 3. The hearing officer shall have to provide the data protection officer's statutory duties and zwalnianemu of service on the basis of article. 96 paragraph 1. 2 paragraph 4.

Article. 266. [the remaining Officer without the allocation of work] the remaining Officer on the date of entry into force of the Act without a work assignment in the person of the competent superior becomes officer in. The provisions of article 4. 68 para. 4-6 and art. 265 para. 3 shall apply mutatis mutandis.

Article. 267. [no requirements in terms of educational and professional qualifications-the behavior of the position], which does not meet the requirements for training and professional qualifications for the position of your work space used by it before the date of entry into force of the Act, retains this post.

Article. 268. [transitional provision] 1. A case with the relative work referred to in article 1. 217 paragraph. 2, carried out under the Act, referred to in article 1. 273, initiated and not completed before the date of entry into force of this Act are carried out on the basis of this Act.

2. Procedure for decisions on dwelling, to grant financial assistance for obtaining dwelling, grant money equivalent for lack of housing or money equivalent for the renovation of occupied dwelling, issued pursuant to the Act, referred to in article 1. 273, initiated and not completed the final decision to the date of entry into force of this Act are carried out on the basis of the provisions of this Act.

Article. 269. [Behavior standards] organizational units, which were given banners before the date of entry into force of this Act, shall retain these banners.

Article. 270. (omitted) Art. 271. [disciplinary proceedings-transitional provision] 1. Disciplinary uncommitted ruling until the date of entry into force of this Act shall be subject to any further diagnosis on the principles set out in chapter 21; the period referred to in article 1. 241 of paragraph 1. 3, starts from the date of entry into force of the Act.

2. Invalid judgment, which was made a complaint to the disciplinary court, referred to in article 2. 131 of the Act, referred to in article 1. 273, unrecognized by this Court until the date of entry into force of this Act shall be resolved on the principles set out in chapter 21 by a senior supervisor of the disciplinary.

3. The Chairman of the disciplinary court after the entry into force of this Act shall immediately transmit: 1) higher supervisor disciplinary action documentation for disciplinary action referred to in paragraph 1. 2, in order to resolve in accordance with the property;

2) supervisor of disciplinary action documentation completed disciplinary proceedings, in respect of the non-archiving.

Article. 272. (omitted) Art. 272a. [the maximum spending limit of the State budget on a lump sum for access to places of service] 1. In the years 2012-2021 maximum spending limit of the State budget for the provision referred to in article 1. 195a, is 75 930 thousand. $, except that in each period the limit is: 1) 2012-6785 thousand. PLN;

2) 2013-6954 thousand. PLN;

3) 2014-7128 thousand. PLN;

4) 2015-7306 thousand. PLN;

5) 2016-7489 thousand. PLN;

6) 2017-7676 thousand. PLN;

7) 2018-7861 thousand. PLN;

8) 2019-8049 thousand. PLN;

9) 2020-8242 thousand. PLN;

10) 2021-8440 thousand. zł.

2. The Minister of Justice monitors the use of annual spending limits, by making at least four times a year, at the end of each quarter, of the assessment of the use of the spending limit for a given year.

3. In the event of a risk of exceeding the annual and the maximum spending limit, and where, in the period from the beginning of the calendar year, until the last evaluation, referred to in paragraph 1. 2, part of the annual limit attributable pro rata for that period was exceeded by at least 10%, apply corrective mechanism, in which a proportional change in the amount of the lump sum.

Article. 273. [the provisions repealed] is repealed the law of 26 April 1996 on the Prison Service (Journal of laws of 2002, item 1761, as amended).


Article. 274. [entry into force] this Act comes into force after the expiration of 3 months from the date of the notice.

[1] Article. 60 c paragraph 1. 2, paragraph 5 (b). (c)), in the version established by art. 29 of the Act of 10 June 2016, amending the law on medical activity and certain other laws (OJ No. 960). The change came into force on July 15, 2016.

[2] Repealed by article. 1 paragraph 1 of the law of 9 November 2012. amending the law – the labour code and certain other laws (Journal of laws of 2013, item 2), which entered into force on 17 January 2013.