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Recodification of Act 73/1998 Coll. (on the civil service of members of the Police Force, the Slovak Intelligence Service, the Corps of Prison and Court Guards of the Slovak Republic and the Railway Police) Author: National Council SR Valid from: 21.3.1998 Effective from: 1.1.2006, §152 to 154 - shall become effective as of the day that the Act on Family Allowance becomes effective 73/1998 Coll.
Act
§ 6 Types of civil service a) preparatory civil service, b) permanent civil service, c) interim civil service. Preparatory civil service (1) Preparatory civil service is a preparation for the undertaking of permanent civil service. (2) Preparatory civil service shall begin on the day of the beginning of service and during its duration the police officer shall be appointed to the function of police officer candidate. During this period, the police officer shall be obliged to obtain police training. Preparatory civil service shall have a duration of two years, unless hereinafter stipulated otherwise. (4) Preparatory civil service may only be extended by a maximum of one year if during its duration the police officer does not obtain police training through no fault of his own. During preparatory civil service, after the end of the probationary period, the police officer shall undertake service tasks which result from the position to which he is appointed. Probationary period After acceptance into the employment in the preparatory civil service or interim civil service the length of the probationary period shall be determined, which shall be a minimum of three months and a maximum of 18 months. The probationary period shall be part of the preparatory civil service and of the interim civil service and may not be additionally extended or shortened. Periods stipulated in § 7, para. 3 shall be considered to be part of the probationary period. Permanent civil service (1) The permanent civil service follows after preparatory civil service, unless hereinafter stipulated otherwise. (2) A police officer shall enter the permanent civil service: a) after the end of preparatory civil service, b) after the end of interim civil service pursuant to § 10, para. 2, or c) if the police officer has already entered the permanent civil service in a previous service pursuant to this Act and since its end has not elapsed more than 1x the duration of this service; the length of the duration of the service shall be the period which is taken into consideration when calculating the period of ranking service (§ 20). (3) Police officers will also be admitted into the permanent civil service whose previous service in the Police Force had a duration of at least two years and more than 1x the length of the duration of the previous service has not elapsed since its end if he meets the qualification conditions for the position and during his last service assessment was assessed as competent to undertake the position which he held. Interim civil service (1) Interim civil service is intended for experts to undertake the required performance of tasks of the civil service for a temporary period of a maximum of five years. Interim civil service may be undertaken repeatedly. (2) A police officer who has undertaken interim civil service for at least two years and meets the qualification condition of a police training may on the basis of a written application and the conclusions of the service assessment be assigned to the permanent civil service; in such a case the duration of the interim civil service shall be included in the period stipulated in § 7, para. 3. (3) During interim civil service a police officer shall have the same rank as a police officer in the permanent civil service. Conditions of admission and admission proceedings (1) A citizen of the Slovak Republic aged over 18 who makes a written request may be a police officer provided that he: a) is of good repute, b) is reliable, c) has the level of education required for the undertaking of the position to which he is assigned or appointed to, d) is able to undertake service with regard to health, physical and mental condition, e) is proficient in the state language,3) f) resides in the Slovak Republic.4) (2) For the purposes of this Act a citizen shall not be considered as of good repute who has been definitively sentenced for a premeditated criminal offence or was definitively sentenced to an unsuspended sentence of imprisonment. Good repute in admission proceedings shall be documented by an official copy from the criminal register.5) (3) For the purposes of this Act a citizen shall not be considered as reliable who: a) evidently consumes alcoholic beverages excessively,6) or b) uses other addictive substances which may create dependence on them,7) or c) according to other circumstances determined in the admission proceedings does not guarantee the due undertaking of civil service, or d) the police officer was dismissed from previous service due to the fact that: 1. during a service assessment he was assessed as not competent to undertaken whatsoever function in the civil service, or 2. exceptionally gross violation of the service oath or service duties and his retention within the service would have been to the detriment of important interests of the civil service, or 3. was definitively sentenced for a criminal offence to an unsuspended sentence of imprisonment or was definitively sentenced for an premeditated criminal offence or was definitively sentenced to a sentence of a ban on undertaking the function of police officer. (4) Medical fitness in the admission proceedings shall be documented by a medical report on the basis of an examination of the citizen by a doctor with a specialization in the specialised field of general medicine under the jurisdiction of the ministry.7a) Medical fitness shall be assessed by the service medical assessor doctor pursuant to § 222. (5) The condition of citizenship of the Slovak Republic and the conditions stipulated in para. 1, items a) to d) and f) must be fulfilled by the police officer during the entire duration of service. (6) The service office shall be authorised to process the following information about the citizen for the purposes of determining whether a citizen fulfils the conditions for admission into service: a) first name, surname and birth number, title, scientific degree, b) date and birthplace, c) residential address and temporary address, d) nationality and any changes thereof, e) identity card number, its place of issue, f) education, list of educational establishments attended, g) linguistic abilities, h) employment, place of employment, i) list of prior employers and position, j) undertaking of commercial activities, k) place and time of basic national service, other service in the Armed Forces, a military security corps or military corps, and rank attained, l) all charges of criminal offences, m) penalty for an offence or for other administrative offence, n) addiction to the use of alcoholic beverages or other addictive substances. (7) For the purposes of paragraph 5 the service office shall be authorised to process personal and store personal data on the police officer paragraph 6 for the entire duration of service. ------------------------------------------------------------------------------------ 3) § 3 para. 1 and 2 of Act of the National Council of the Slovak Republic No. 270/1995 Coll. on the Official Language of the Slovak Republic. 4) Act No. 135/1982 Coll. on the Reporting and Registration of the Residence of Citizens. 5) Act No. 311/1999 Coll. on the Criminal Register as amended by Act No. 48/2002 Coll. 6) Act of the National Council of the Slovak Republic No. 219/1996 Coll. on Protection against the Misuse of Alcoholic Beverages and the Establishment and Operation of Anti-alcohol Holding Centres. 7) Regulation of the Government of the Slovak Socialistic Republic No. 206/1988 Coll. on Poisons and Certain Other Toxic Substances as amended. 7a) § 11, para. 7 of Act No. 576/2004 Coll. on Health Care, Services Related to the Provision of Health Care and on Amendments to Certain Acts. 8) Act No. 428/2002 Coll. on Personal Data Protection. Beginning of service (1) Service shall begin on the day stipulated in a ruling of a superior on the admission of a citizen to service, if the citizen enters the civil service on this day and takes the service oath. (2) The ruling of a superior must include: a) first name, surname, title, date of birth, birth number and the assigned registration number, b) the day of the beginning of service, c) the type of civil service, d) the position to which he is appointed or assigned, the location of the undertaken of civil service and the service office, e) the rank to which he is appointed, f) information which determines pay and other particulars, g) length of the probationary period, h) length of the duration of service, if the citizen is admitted to the interim civil service, i) length of the basic time of weekly service. (3) If a citizen is not able to enter the civil service as the day of the beginning of service falls on a day off during the week or on a bank holiday, the condition for the beginning of service on the stipulated day shall be considered as fulfilled if the citizen enters the civil service on the first following day of the undertaking of civil service. (4) Service shall not begin if the citizen refuses to take the service oath or takes the oath with reservations. Service oath (2) On entering service, an officer of the information service shall take the service oath which reads as follows: "I swear loyalty to the Slovak Republic. I shall be a honourable, conscientious and disciplined office of the Slovak intelligence Service. I shall fulfil my service duties according to my best abilities and during my activities I shall act in accordance with the constitution, constitutional acts, acts and other generally binding statutes and I shall protect the constitutional system of the Slovak Republic and the right of citizens. To this end I am prepared to apply all my endeavours and abilities and even risk my life. This I swear!". Temporary suspension of civil service (1) A police officer must be temporarily suspended from the civil service if subsequent retention in the civil service would threaten important interests of the civil service or threaten a clarification of his actions and there are founded suspicions that he: a) grossly violated service duties, or b) committed a criminal offence. (2) A police officer may only be temporarily suspended from the civil service for a period essential for the clarification of his actions of a maximum of six months; in exceptional cases this period may be extended by the minister by a maximum of an additional three months. If criminal proceedings against the police officer have been begun, he may be temporarily suspended from undertaking service until a definitive end to the criminal proceedings. Temporarily suspension from the civil service shall be ended during the imprisonment of a police officer. (5) During a temporarily suspension from the civil service a police officer shall be banned from wearing the service uniform and his service identity card, service badge and service gun shall also be temporarily taken from him. During this period, the duty to undertake civil service and undertake service actions in the civil service or outside of the civil service shall not apply to him. The police officer shall be obliged to comply with other duties during a temporarily suspension from the civil service. Service discipline The service discipline of police officers shall comprise of the meticulous fulfilment of duties stipulated by the constitution, constitutional acts, acts and other generally binding statutes, the service oath, orders, commands, directives and the instructions of superiors. Basic rights and obligations of a police officer (1) A police officer shall have the right to: a) conditions essential for the due undertaking of the civil service, b) service wages and wage increases within the civil service pursuant to this Act, c) increasing qualifications, d) refuse to provide information with regard to how a service office dealt with a particular matter or interpreted a statute, with the exception of activities which belong pursuant to a special statute13) to the tasks of the service office in which he undertakes civil service, e) submit complaints with regard to the undertaking of civil service to the service office including complaints related to violation of the principle of equality of treatment pursuant to § 2a. (2) The police officer shall also have in addition to the rights pursuant to paragraph 1, rights which arise from other generally binding statutes. (3) A police officer shall be obliged to: a) conscientiously fulfil tasks which are assigned to him by the constitution, constitutional acts, acts and other generally binding statutes in addition to tasks assigned by orders, commands, directives and the instructions of superiors, provided that he was duly informed of such, b) undertake civil service personally, duly and timely, c) immediately notify his superior failures and deficiencies which threaten or hinder civil service and the threat of damage, d) intervene, if damage is threatened and its avoidance requires immediate action; however he need not so act if he is prevented by a significant circumstance or if such action would place him or other persons in serious jeopardy, e) during the undertaking of civil service observe the rules of service politeness and act in a polite manner towards state employees and also during service communication with other citizens, f) refrain from actions which could lead to a conflict of important interests of the civil service and personal interests, above all not misuse information acquired in connection with the undertaking of service for his own benefit or the benefit of others, g) within the civil service and outside the civil service refrain from actions which could damage the authority of the Police Force or threaten trust in the Police Force, h) comply with service discipline, i) undertake civil service impartially, j) provide the Police Force with personal data,8) which is essential for the realization of rights and obligations which result from service, k) make full use of the time of service and comply with the stipulated basic weekly time of service during the week, or shorter time of weekly service; this shall not apply if he has been granted leave or holiday, l) be smartly dressed during the undertaking of civil service and take care with regard to his appearance, m) immediately notify a superior of family ties pursuant to § 18 which have arisen during service, n) also fulfil duties which arise from other generally binding statutes, o) document to a superior that he is duly studying and immediately notify the superior of all changes related to study with regard to the undertaking of civil service, p) submit immediately to his superior a ruling establishing loss of good repute, r) notify a superior without undue delay of the loss or theft of his service identity card or service badge, s) undertake a medical examination, investigative proceeding or psychological examination to determine medical and mental capability for the undertaking of civil service, t) enter the civil service immediately after the cancellation of a ruling on the end of service and immediately notify his superior of such a ruling. (4) If a police officer believes that an order, command, directive or instruction of his superior is in violation of generally binding statutes, he shall be obliged to notify his superior of such. If the superior insists on the fulfilment of the order, regulation, directive or the instruction, he must confirm such to the police officer in writing and the police officer shall be obliged to fulfil it. Written confirmation shall not be required if danger is threatened by delay. The police officer shall be obliged to refuse to comply with an order, regulation, directive or the instruction of his superior if its fulfilment would constitute a criminal offence; he shall immediately notify such a circumstances to a higher superior. (5) A police officer may not be a member of a political party or political movement nor undertake activities for their benefit; this shall not apply for a police officer stipulated in § 44, para. 2. (6) A police officer may not during the undertaking of the function of a police officer undertake any other paid function, nor undertake commercial activities or other paid activity nor be a member of an administrative or control body of a legal person undertaking commercial activities; this shall not apply with regard to the fulfilment of service tasks by the police officer under temporary or long-term cover or if membership of a police officer in the body of a legalperson arises from the law13aa). A police officer may not, during the fulfilment of service tasks under temporary or long-term cover or if membership of a police officer in the body of a legal person arises from the law 13aa), enter service pursuant to this Act with regard to another service office or become a member of the Military Intelligence pursuant to a special statute.13a) (7) Restrictions pursuant to paragraph 6 shall not apply to the provision of medical care at state health care facilities or non-state health care facilities, to scientific activity, pedagogic activity, teaching activity, lecturing activity, translating activity, journalistic activity, literary activity, sporting or artistic activity, expert activity, interpreting activity, translation activity, activities of the head of a children’s or young persons’ camp, their representatives for financial and medical matters, their section heads, educators, instructors, or medical employees in camps for children and young people, the activities of mediators and adjudicators for collective bargaining, to the administration of the police officer’s own property, the administration of the property of underage children of the police officer, the administration of the property of persons whose competence to undertake legal acts has been restricted, or the administration of the property of persons whose competence to undertake legal acts has been removed, to acts of a police officer in a governmental advisory body and the undertaking of the function of a member of an electoral committee or the function of a member of a referendum committee or a member of a committee for a plebiscite on the recall of the President of the Slovak Republic, to the activities of a member of a remonstrance committee, activities of persons invited to undertake supervision or control pursuant to a special law,13ab) the undertaking of the function of a member of a body of the Financial Markets Authority,13ac) the Deposit Protection Fund13ac) or the Investment Guarantee Fund for13ac) and to the activities of the member of a committee for the investigation of aviation accidents or with regard to the assessment of the medical fitness of civil aviation staff. The activities of an expert or interpreter may only be undertaken by a police officer provided that such an activity is undertaken for a court, other state authority, municipality, self-governing region, the National Bank of the Slovak Republic13ad) or for the Financial Markets Authority.13ae) ------------------------------------------------------------------------------------ 8) Act No. 428/2002 Coll. on the protection of personal data. 13) For example, Act of the Slovak National Council No. 79/1992 Coll. on the Corps of Prison and Court Guards of the Slovak Republic as amended, Act of the National Council of the Slovak Republic No. 171/1993 Coll. on the Police Force as amended, Act of the National Council of the Slovak Republic No. 46/1993 Coll. on the Slovak intelligence Service as amended by Act of the National Council of the Slovak Republic No. 72/1995 Coll. and Act of the Slovak National Council No. 347/1990 Coll. as amended. 13a) § 7 of Act No. 198/1994 Coll. on Military Intelligence. § 7 and 8 of Act No. 370/1997 Coll. on Military Service as amended. 13aa) For example Act No. 280/1997 Coll. on the Collective Health Insurance Company as amended. 13ab) For example § 3, para. 1, item a) and § 12 to 18 of Act No. 96/2002 Coll. on Financial Market Supervision and on Amendment of Certain Acts. 13ac) For example § 7, para. 7, § 10, para. 3 and 14 of Act No. 96/2002 Coll. 13ad) Act of the National Council of the Slovak Republic No. 566/1992 Coll. on the National Bank of Slovakia as amended. 13ae) Act No. 96/2002 Coll. Property declarations (1) A police officer service badge during the duration of service shall be obliged to document the extent of his property in a property declaration. a) within 30 days of the day of the beginning of service, b) by 31st March of every calendar year, c) by a deadline stipulated by the ministry. (2) In a property declaration pursuant to paragraph 1, item a) shall be stated the property owned on the day of the beginning of the service. In a property declaration pursuant to paragraph 1, items b) and c) shall be stated property owned on the last calendar day of the month which preceded the month in which the property declaration is submitted. (3) A property declaration shall include: a) first name, surname, date of birth and residential address of the police officer, b) an identification of real estate, the legal reason for its acquisition, the date of its acquisition and the price of its acquisition,13a) c) information on movable assets whose value exceeds 200 000 Sk, the legal reason for its acquisition, the date of its acquisition and an evaluation of such items, d) information on property rights or other property assets whose value exceeds 200 000 Sk, the legal reason for their acquisition, the date of their acquisition and an evaluation of such a property right or other property asset, e) information on movable assets, property rights and other property assets if their individual value does not exceed 200 000 Sk if their total value exceeds 500 000 Sk. (11) If a superior has founded suspicions regarding the completeness or accuracy of information stated in a property declaration or a document regarding the manner of acquisition of funds required for the acquisition of property stated in the property declaration, he shall issue to the police officer a written instruction to complete the information stated in the property declaration or document the manner of acquisition of the funds required for the acquisition of property stated in the property declaration. The manner of the acquisition of such funds shall be documented by the police officer by a declaration under oath on the sources of their income. The manner of the acquisition of such funds shall be documented if requested by a superior, by a bank statement from an account held at a bank or branch of a foreign bank, a document from a bank or branch of a foreign bank on the provision of a loan, a document from an insurance company on benefits from an insurance policy, confirmation of a donor or by another document which documents the manner of acquisition of the funds. A police officer shall be obliged to complete the information in the property declaration or document the acquisition of funds required for the acquisition of the property stated in the property declaration within 30 days after being informed by a written instruction. (12) The following shall be considered as a violation of service by a police officer: a) he does not submit a property declaration pursuant to paragraph 1 or b) intentionally states incomplete information or incorrect information in the property declaration or in a declaration under oath pursuant to paragraph 8 and 11 or c) does not document an increase in his property in a trustworthy manner. ------------------------------------------------------------------------------------ 13a) § 7 of Act No. 198/1994 Coll. on Military Intelligence. § 7 and 8 of Act No. 370/1997 Coll. on Military Service as amended. Basic obligations of a superior A superior shall be obliged to: a) direct, organize, check and assess the undertaking of civil service by subordinate police officers, b) ensure that subordinate police officers are duly trained and educated for the undertaking of civil service, c) create favourable conditions for the due undertaking of civil service and guide subordinate police officers with regard to service discipline, d) assess exemplary fulfilment of service duties and propose or draw conclusions from the violation of service duties. Disciplinary reward (1) Disciplinary reward shall be a) written praise, b) financial gift or gift, c) exceptional promotion to a higher rank. Disciplinary misconduct (1) Disciplinary misconduct shall be the violation of the duties of a police officer, provided that this is not a criminal offence or misdemeanour. (2) The actions of a police officer which has the characteristics of a misconduct (hereinafter referred to as "Misconduct") will also be dealt with Pursuant to this Act.14) ------------------------------------------------------------------------------------ 14) § 10 of Act of the Slovak National Council No. 372/1990 Coll. on Misdemeanours as amended. Disciplinary measures (1) Disciplinary measures shall be: a) written reprimands, b) reduction of service wages by up to 15 % for a period of a maximum of three months, c) a reduction of rank by one level for a period of one year, d) a ban on activity, e) expropriation of items. Reprimand If a reprimand will suffice for the correction of the police officer and renewal of service discipline for a less serious action which has the characteristics of disciplinary misconduct or the characteristics of a misdemeanour, disciplinary measures will not imposed. Imposition of disciplinary measures (1) For disciplinary misconduct only one of the disciplinary measures stipulated in § 53, para. 1, item a) to c) may be imposed on a police officer. (2) The disciplinary measure of a reduction of rank by one level may not be imposed on a police officer of the rank of constable, second lieutenant or general. (1) For disciplinary misconduct it shall be possible to impose disciplinary measures at the earliest on the following day after the disciplinary misconduct is committed and only up to 30 days from the day on which whichsoever from his superiors learns of the disciplinary misconduct and at the latest up to one year from the day on which the disciplinary misconduct was committed. If the actions of a police officer in which it is possible to see the facts of a case of disciplinary misconduct were the subject of investigation by another body, the period of 30 days for the imposing of a disciplinary measure shall begin on the day on which whichsoever of the superiors of the police officer learnt of the result of such an investigation; this period shall also apply if a first instance ruling on the imposition of a disciplinary measure was annulled and if the case was returned for additional proceedings and a new ruling. (2) "Another body" pursuant to paragraph 1 shall be understood to mean a law enforcement authority15a) administrative authority15b) and a body authorised to undertaken the relevant investigation or inspection activity15c); "another body" shall not mean a body authorised by a superior which is competent to rule on the imposition of a disciplinary measure. (3) If a police officer committed disciplinary misconduct abroad, the period of 30 days for the imposition of a disciplinary measure shall begin on the day following the day of the return of the police officer from abroad if whichsoever from the superiors of the police officer knew of such actions at the time that the police officer was abroad; the provision of the second sentence of paragraph 1 shall not be affected by the above. ------------------------------------------------------------------------------------ 15a) § 12 para. 1 of Act No. 141/1961 Coll. on Criminal Court Proceedings (Criminal Procedure Code) as amended. 15b) For example § 1 of Act No. 71/1967 Coll. on Administrative Proceedings (Administrative Procedure Code). 15c) Act of the National Council of the Slovak Republic No. 10/1996 Coll. on Inspection in the Civil Service, Act No. 152/1998 Coll. on Complaints, Act No. 85/1990 Coll. on Petition Rights as amended and Act of the Slovak National Council No. 79/1992 Coll. on the Corps of Prison and Court Guards of the Slovak Republic. Expungement of disciplinary measures (1) After one year from the definitive imposition of a disciplinary measure, the disciplinary measure shall be expunged and the police officer shall be assessed as if the disciplinary measure had not been imposed. If the disciplinary measure of a ban on activity was imposed for a period of longer than one year, it shall be expunged after the ban has been served. (2) The competent superior may also prior to the end of the period stipulated in paragraph 1 rule on the expungement of the disciplinary measure imposed if the police officer by the undertaking of service and by his behaviour has demonstrated that he merits the expungement; if however a disciplinary measure of a demotion of rank by one level was imposed or a disciplinary measure of a ban of activity, he may only do so after half of the period of the disciplinary measure has elapsed. (3) A disciplinary measure which was expunged may not be stated in a service assessment nor in an evaluation regarding service activities. In a copy for the purposes of criminal proceedings expunged disciplinary measures shall only be stated by the phrase "disciplinary measure expunged". Service income, service wages and financial compensation for standby duty (1) A police officer in the permanent civil service shall be entitled to a service income which shall be comprised of the following elements: a) basic wages, b) bonus for number of years served, c) rank additional payment, d) special bonus, e) bonus for management, f) bonus for representation or for undertaking a temporarily vacant management function, g) special additional payment, h) additional payment for civil service under adverse conditions and conditions damaging to health, i) additional payment for the training of police officer candidates, j) additional payment for care of an assigned police dog or police horse, k) additional payment for care and operation of a police car or motor boat, l) additional payment for the undertaking of diving activities, m) additional payment for shifts, n) additional payment for the undertaking of civil service in addition to basic weekly service hours, o) additional payment for civil service at night, p) additional payment for civil service on Saturdays and Sundays, r) additional payment for civil service on a bank holiday, s) other service pay, t) remuneration. (2) Service pay shall be comprised from the elements of service income stipulated in paragraph 1, items a) to m) and o) to r); this shall not apply if this is an additional payment pursuant to § 98 to 101 and financial compensation for standby duty pursuant to § 103 when service pay is comprised of the elements of service pay stipulated in paragraph 1, items a) to m). (3) A police officer shall be entitled to, under the conditions and in the scope of the provisions of this Act in addition to service income, financial compensation for standby duty in the civil service. Protection of health and safety (1) Care regarding safety and protection of the health of police officers when undertaking civil service shall be undertaken by the service office. (2) The service office shall be obliged above all to: a) create conditions for the safe undertaking of civil service with no adverse affects on health, b) manage, coordinate and continually increase the level of safety and of the protection of health, of technical equipment and of the work environment with regard to the undertaking of civil service, undertake inspections of the relevant tasks and ensure the removal of detected faults, c) detect and remove the causes of service accidents and occupational illnesses, keep records of them, notify them to the relevant body and undertaken the required corrective measures, d) assess on an on-going basis the risks arising from the undertaking of civil service and based on this update the special statute for the free provision of personal protective service equipment, check their use and create conditions for their maintenance and the maintenance of a fault-free state, e) provide pursuant to a special statute washing and cleaning agents and disinfectants and protective beverages, f) permit the competent trade union body to check the fulfilment of tasks with regard to health protection with regard to undertaking of civil service, in addition to participation in the determination of the circumstances and causes of the occurrence of service accidents and occupational illness, g) inform police officers of the applicable statutes and regarding new information with regard to ensuring safety and health protection with regard to the undertaking of civil service, regularly check their knowledge, maintain records on training undertaken and prescribed examinations, h) ensure compliance with legal norms on fire prevention, fulfil the orders, bans and instructions that arise from them and undertake regular checks of their fulfilment, i) protect the health of police officers in order that they are not endangered by smoking in areas where civil service is undertaken. A police officer shall be obliged to take care with regard to his safety and health when undertaking civil service. Furthermore he shall be obliged to: a) observe statutes on ensuring safety and health protection when undertaking civil service and statutes on fire prevention, b) participate in training undertaken in the interests of increasing safety and health protection with regard to the undertaking of civil service and undertake the prescribed examinations and medical examinations, c) immediately notify his superior of failures and deficiencies which could threaten safety and health protection with regard to the undertaking of civil service, d) not use alcoholic beverages and other addictive substances, foodstuffs and medicinal products which contain alcohol and other addictive substances in areas where civil service is undertaken nor outside such areas during the undertaking of civil service, not begin the undertaking of civil service under the influence of alcohol and comply with the stipulated ban on smoking in areas of the undertaking of civil service. If it is required by the important interests of the civil service the minister may permit the use of alcohol, foodstuffs and medicinal products containing alcohol, e) undergo a breath test in connection with the undertaking of civil service, or other investigation ordered by a superior in order to determine whether a police officer is under the influence of alcohol or other addictive substances, f) use during the undertaking of civil service the prescribed protective equipment and personal protective service equipment, g) strictly observe safety measures with regard to the handling of weapons, with regard to work with combat equipment and other equipment and comply with the fire prevention rules. Conditions for the undertaking of civil service (1) A superior shall create for a police officer conditions for the due and, as far as possible, safe undertaking of civil service. (2) The superior shall be obliged above all to: a) notify police officers of internal regulations and information required for the due undertaking of civil service, b) attend to the continual education of police officers, c) arrange health care for police officers, establish and maintain health facilities, d) establish, maintain and improve sanitary facilities, e) attend to the appearance, modification and improvement of workplaces, f) arrange accommodation for police officers, g) create the conditions for the satisfaction of cultural, recreational and training requirements and of the interests of police officers, h) arrange catering for police officers on all shifts which complies with the principles of good nutrition directly in the service office or in its vicinity. He shall not have such an obligation with regard to police officers sent on business trips and if such is excluded by the conditions for the undertaking of service, i) arrange catering pursuant to item h) by the serving of hot main dishes including an appropriate beverage to a police officer during a shift in a police catering facility, in the catering facility of another employer or via a legal person or natural person who is authorised to act as an intermediary for the provision of catering services should he provide catering services via a legal or natural person authorised to provide catering services. For the purposes of catering, as a shift shall be considered the undertaking of civil service for longer than four hours. If a shift lasts longer than 11 hours, but does not last longer than 12 hours, a superior may arrange the provision of additional hot main meals; for a shift lasting for more than 12 hours he shall however be obliged to provide such. If a shift lasts longer than 17 hours, a superior may arrange the provision of a third hot main meal, j) contribute to catering pursuant to items h) and i) in the amount of 65 % of the price of the hot main meal, up to a maximum of 65 % of the allowance provided for a business trip of a duration of 5 to 12 hours pursuant to a special statute,31) and also provide a contribution pursuant to a special statute,32) k) arrange the equipping of the workplace at which civil service is undertaken at night with first aid equipment including supplying equipment for calling for emergency medical help. (3) A superior may only provide to a police officer a financial contribution in the amount stipulated in paragraph 2, letter j) if the obligation of the superior to arrange catering for the police officer is excluded by the conditions of the undertaking of civil service or the superior may not arrange catering pursuant to paragraph 2, items. h) to j). (4) In the collective agreement it is possible a) to amend the conditions under which a superior will provide to a police officer catering during the duration of hindrances to the undertaking of civil service, b) to extend the number of police officers to who the superior arranges catering. ------------------------------------------------------------------------------------ 31) Act No. 119/1992 Coll. as amended. 32) Act of the National Council of the Slovak Republic No. 152/1994 Coll. on the Social Fund and on Amendments and Supplements to Act 286/1992 Coll. on Income Taxes as amended. Special conditions for the undertaking of civil service by policewomen (1) A policewomen may not undertake civil service which would damage her health or organism. (2) A pregnant policewomen may not be appointed or assigned to a position nor be assigned to the undertaking of civil service which according to a medical report threatens her pregnancy for medical reasons; this shall also apply for a mother until the end of the ninth month after birth. General liability of a police officer (1) A police officer shall be liable to the service office for damage which he causes to the service office due to a violation of his obligations during the undertaking of civil service or in direct connection with it. The service office shall be obliged to document fault to the police officer, with the exception of cases stipulated in § 164 and 165. (2) The conditions for the establishment of liability of a police officer for damage to the service office shall be a) the occurrence of damage, b) a violation of obligations with regard to the fulfilment of the undertaking of civil service and the fulfilment of service tasks or in direct connection with such, c) causal connection between the violation of obligations and the damage which occurs, d) fault,BR> e) a legal relationship of the police officer to the service office in connection with the undertaking of civil service. General liability of the service office (1) If the police officer suffers damage with regard to the undertaking of civil service or in direct connection with it by a violation of legal obligations, the service office shall be liable for such. (2) The service office shall also be liable to the police officer for damage which a superior causes to him by a violation of legal obligations during the fulfilment of service tasks. (3) If a police officer suffers damage to his health during a service action caused by another person whose actions were directed against this action, he shall be entitled to compensation for suffering in a double amount. (4) A police officer shall also be entitled in the same scope to compensation for damage suffered to his health during the undertaking of civil service due to the actions of another person. Types of termination of service Service shall end by: a) cancellation in the probationary period, b) discharge, c) dismissal, d) loss of rank, e) at the end of interim civil service, f) upon the death of a police officer, g) a ban on the activity of the undertaking of the function of a police officer. |