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Introduction to Law
T16
Legal regulation of duty of a professional soldier
Conditions of military service
• The service of a soldier is the legal status of state employee, public
service. There is a one-sided, act of power of the service body.
• It differs from the employment relationship, which is the private law
relationship, whose participants have equal status.
Establishment of military service
• The service of a soldier can only be created at the request of the
applicant.
• To the service can be called a citizen of the Czech Republic over 18
years old who meets the conditions specified in § 3 of the Act on
Professional Soldiers.
• Requirements for the decision on the calling to the service are set
out in § 5.
Performance of military service
• The service means the performance of official duties under the
service classification and the orders of a superior.
• For service performance is also considered activity undertaken on its
own initiative where is no objection to command.
• The analogy with the performance of work under the Labour Code.
The basic weekly service
• Amounts to 42.5 hours,
• Can be determined even shorter, at the request of a soldier
• Shorter service means a smaller salary
• For the service injury - 30 hours per week, for a maximum period of
six months,
• Layout duty periods provides service body - daily routine or
organizational order, uniformly for 5 days, time to relax on the
weekend.
• Continuous service may be up to 30 hours.
The Breaks
• After 5 hours - 30 minutes for food and rest
• Which is included in the basic weekly service
• Between the end of one and the beginning of the service must be at
least 12 hours rest
• Rarely only 6 hours,
• Once a week, 36 hours uninterrupted rest
Service over a period of basic services
• The soldier is obliged to perform the service over a period of basic
services in the important interests of the service.
• On the orders of a superior or with permission.
• Soldier with shorter service it should not take place.
• For service at night is considered to be service between 22 to 06 hours.
Service emergency
• It can be ordered,
• it means that the presence of soldiers in military facilities or other
designated locations outside of the service.
Special types of service
• Intensive military training - § 31
• Continuous military training - § 31a,
• Continuous military deployment in the Czech Republic - § 31b
• The provision of compensatory time off for training, continuous
training or deployment
Cancellation during the trial period
• As in labour law
• Both parties may cancel, there is a need give reasons
• Not be given on request, a separate decision of
• Only on the last day of the month
• In writing, delivery, five days before expiration.
Taking away rank
• Extraordinary Law Institute, only in intentional, particularly serious
breach of duty of soldier
• Administrative proceedings decided by the Minister, the possibility of
decomposition
• After the taking away belongs the rank of common soldier
• The service relationship ceases to exist
• The deadline for a decision is not more than 6 months (preclusion)
Civil rights of a soldier
• General rules in the Charter of Fundamental Rights and Freedoms 2/1993 Coll.
• Some rights may be limited in a democratic society in certain
categories and only by law restrictions
• Restrictions - soldiers, policemen, doctors, nuclear power plants, air
traffic, justice
Restrictions on civil rights of soldiers
• Assembly law - can not hold a political assemblies or lobby in military
facilities
• The right of association - the soldier must not be members of political
parties, movements, trade unions - only professional association.
• The manifestations of religion or belief - can not organize or attend if
prevented from doing so important interest of the service
Limitation of Civil Rights
• Gainful employment - only rarely with the prior written consent of the
service body, the activity must not affect the performance of the
service, consent may be revoked
• Scientific, educational, journalistic, literary, artistic and management
of property, can be performed without consent,
• Can not be a statutory body of company - only housing association
or state enterprises
Basic duties of soldiers
• Basic duties of soldiers are laid down in § 48
• Violation of obligations is disciplinary offense
• The soldier is entitled to refuse to fulfil the order, if by the fulfilment
he committed the crime, if an order is contrary to the law, the soldier
is obliged to warn that fulfilment is against law but he still has to fulfil
the order
• The soldier is obliged to intervene if there is damage
Basic duties of superior
• Superiors are obliged to:
• organize, direct, control and evaluate,
• provide professional education and training,
• to create favourable conditions for the performance of services,
• to lead to discipline,
• to familiar soldiers with the new laws and internal regulations
Taking care of soldiers
• Ministry creates for soldiers conditions for the orderly, efficient and
safe performance of services,
• health services, treatment places where soldiers held a service,
• creating conditions for catering, accommodation, education, retraining,
• satisfying cultural, recreational and physical training needs, contact
with family.
Expansion of education
The soldier who had increases or extends the useful education for
service classification
• must enter into an agreement to increase or expansion of
education - the state undertakes to facilitate education,
• the soldier agrees to remain in the service or pay the costs.
• Written - 4 essentials, compensation 265/1999 Coll.,
• 30 thousand - pilots, 12 - physicians, 9 other college-educated
Financial Security of soldiers
• providing salary - Act. 143/1992 Coll., on salary - new legislation is
preparing,
• recruitment allowance from 30 to 130 thousand CZK,
• travel expenses, meals, tickets,
• clothing, transportation essentials,
• health care, recreation, military spa facilities,
• preventive rehabilitation, extraordinary rehabilitation
Health and safety in the performance of
services
• the same as under the Labour Code, service bodies provide a secure
environment for the service, risk prevention,
• regular training, evidence,
• first aid equipment,
• provision of protective equipment,
• soldiers are required to follow the rules, not to drink alcohol and use
narcotic drugs and psychotropic substances, smoke
Compensation for damage
• A distinction is liability for damages caused by a soldier to the State
and State liability for damage caused to soldier
• Similar legislation such as the Labour Code,
• Clarification of damages is governed by internal regulations (MDO)
47/2013 Bulletin Preventing damage and dealing with damage on
state property under the Ministry of Defence
Service pension essentials
• To award the performance of services of a soldier service pension is
provided with termination of service,
• service pension,
• lump sum compensation,
• severance
• payment in the cause of death.
Service pension
• The claim arises after 15 years of service,
• average monthly gross salary - the last calendar year of service,
• basic amount is 5%, then increase to 55 respectively. 60% of salary,
• paid on application, every month, until death, overlapping with the
retirement pension, valorisation.
Lump sum compensation
• Claim arises after 2 years of service, who has lump sum
compensation, can not have a service pension and vice versa.
• Range 2-18 salaries
• One time payment
• The reactivation returns proportional amount
Severance
• Only for those who have a service pension, ranging from 4 to 6
multiple of salary,
• After 15 years 4x , then every year + 40% after 20 years 6 x
• In the case of death is granted to a surviving spouse and children of
half the severance.
Service pension requirements organizations
• Calculates and paid by Ministry of Defence - Military Social Security
Office,
• Service missions advantages - double course credit of whole
months, Service of special character - 1.5 x (air force, paratroopers,
MP, MI)
• Calculated on the last calendar year of service, reward up to 2
salaries, comparable place, criminal prosecution must be reported by
the soldier and the payoff is suspended!
Decisions in matters of service
• Accumulation of rules under the Act on Professional Soldiers with the
Administrative Code,
• Decides, among others, about: change of the duration of service,
interruption of service, compensation for damage, dismissal, taking
away the rank, annulment during the probationary period, returning
recruitment allowance, reimbursement of costs for failure to remain in
service.
• Proceedings are initiated upon request or ex officio.
Personal order
• A simplified form of decision making out of administrative code, issued
ex officio and is the first procedural step.
• Deciding on the classification, rank, disposition, transfer, providing
salary etc.
• Announces verbally or by delivery,
• can be appealed, within 5 days from publication.
Requests and complaints
• Filled only in matters of service and service relations.
• Filled in writing to a supervisor or official authority.
• Dealt regarding the content either by the supervisor or official authority,
shall be dealt within 60 days.
• Result - recovery, notification to the complainant,
• grumbler - stopping the driving