Päästeteenistuse seadus (PäästeTS)

§ 1. Scope of application of Act

(1) This Act provides for the organisation of the rescue service and the legal status of rescue servants.

(2) Officials of the rescue service are subject to the Civil Service Act, taking into account the specifications arising from this Act.

(3) Rescue workers are subject to the Employment Contracts Act and other Acts governing employment relationships, taking into account the specifications arising from this Act.

§ 2. Rescue service

(1) For the purposes of this Act, rescue service means employment as a rescue servant in a rescue service agency.

(2) Rescue service also means service in the position of a rescue servant in the rescue studies structural unit of an institution of higher professional education for public defence (hereinafter the Rescue College).

(3) Rescue service is a special type of civil service.

§ 3. Rescue servants

(1) A rescue servant is a person who has been employed in a rescue service agency for managing, organising or performing duties provided in the Rescue Act.

(2) A rescue servant is also the head, deputy head and a member of the teaching staff of the Rescue College.

§ 4. Types and posts of rescue servants

(1) Rescue servants are:

1) officials of the rescue service;

2) rescue workers.

(2) An official of the rescue service is:

1) a person within a rescue service agency appointed to a position intended for managing, organising and performing the duties provided in the Rescue Act;

2) the head of the Rescue College’s structural unit which organises studies in the rescue specialty, the deputy head of the structural unit, and members of the teaching staff within the rescue specialty.

(3) A rescue worker is an employee within a rescue service agency or the Rescue College employed under an employment contract in a position intended for performing the duties provided in the Rescue Act.

(5) A position of an official of the rescue service is a position within a rescue service agency or an institution of professional higher education for public defence.

(6) A position of employment of a rescue worker is a position of employment within a rescue service agency.

§ 5. Official titles of rescue servants

(1) The official titles of officials of the rescue service are:

1) Chief Rescue Director;

2) Rescue Director;

3) Rescue Chief;

4) Chief Rescue Specialist;

5) Leading Rescue Specialist;

6) Senior Rescue Specialist;

7) Rescue Specialist.

(2) The official title of a rescue worker is rescuer.

(3) The official titles corresponding to posts of rescue servants in a rescue service are established by a directive of the head of the rescue service agency.

(4) The correspondence of the posts in the Rescue College to the official titles of rescue servants is established by a directive of the Rector of the institution of higher professional education for public defence.

§ 6. Students of the Rescue College

(1) A student acquiring vocational education on the basis of secondary education and a student acquiring professional higher education in an institution of professional higher education for public defence in the rescue specialty in full-time studies, who is not in the rescue service, may be employed in the rescue service as a rescue servant for the duration of their on-the-job training. Section 11 of this Act is not extended to rescue servants during their on-the-job training.

(2) A scholarship is paid to full-time students of the Rescue College.

(3) The amount of the scholarship paid to full-time students of the Rescue College as well as the conditions of and the procedure for the payment of the scholarship are established by a regulation of the minister in charge of the policy sector.

(4) Rescue servants referred to full-time studies in the Rescue College may be paid, from the state budget, for the studies wages arising from their service relationship in the extent and pursuant to the procedure determined by the head of the rescue service agency.

(5) For paying wages for studies arising from service relationship an administrative contract is entered into and it must set out the rescue servant’s obligation to work after the end of the studies in the rescue service agency for a specific period of time but no longer than three years.

§ 6¹. Automated biometric identification system database

(1) The automated biometric identification system database (hereinafter ABIS database) is an electronic database the objective of which, for the purposes of this Act, is to process biometric data obtained by fingerprinting an official of the rescue service involved in explosive ordnance disposal for the purposes of eliminating the traces left by the official of the rescue service on objects of analysis.

(2) Biometric data obtained by fingerprinting an official of the rescue service involved in explosive ordnance disposal may only be processed for the purposes referred to in subsection 1 of § 7³ of this Act.

(3) The ABIS database is founded and its statutes are established by a regulation of the Government of the Republic.

(4) The data controllers of the ABIS database are the Police and Border Guard Board and the Estonian Forensic Science Institute.

(6) Data in the ABIS database is subject to restriction on access and has been classified as information for internal use.

§ 7. General requirements for employment in rescue service

(1) A citizen of the Republic of Estonia who has at least secondary education and full active legal capacity and who is proficient in Estonian to the extent established by law or on the basis of the law and who meets the requirements for professional qualification of rescue servants may be employed in service as an official of the rescue service.

(1¹) An official of the rescue service may be employed in the rescue service without public competition.

(2) A person who has full active legal capacity and at least secondary education and who meets the requirements for professional qualification of rescue servants and is proficient in Estonian in the extent provided by law or on the basis of the law may be employed as a rescue worker.

(4) The requirements for the professional qualification of rescue servants, including for their physical preparation, education and health, are established by a regulation of the minister in charge of the policy sector.

(4¹) The purpose of verifying compliance with health requirements is to establish the absence of health disorders which prevent the performance of the duties imposed on a rescue service agency.

(5) The education, physical preparation and health of a rescue servant must allow them to perform the service or work duties of a rescue servant.

(6) Specifications based on age may be set out for the requirements for the physical preparation of rescue servants by a regulation of the minister in charge of the policy sector if it is in accordance with subsection 2 of § 9 of the Equal Treatment Act.

(7) In accordance with subsection 2 of § 9 of the Equal Treatment Act, the head of a rescue service agency may issue to a rescue worker who does not meet the requirements for professional qualification established under subsection 2 of this section a temporary special authorisation to continue their service on the basis of subsection 4 of this section pursuant to the procedure provided by a regulation of the minister in charge of the policy sector.

§ 7¹. Special requirements for employment in rescue service

(1) The following persons are not employed in the rescue service in a position of an official of the rescue service where the official duties include working with a database the controller of which is the Ministry of the Interior or the Police and Border Guard Board, or explosives removal, or where the person has access to the special categories of personal data of rescue servants:

1) a person who has been punished for an intentionally committed criminal offence, irrespective of whether the information concerning punishment has been deleted;

2) a person who has been sentenced to imprisonment, irrespective of whether the information concerning punishment has been deleted;

3) a person who is a suspect or an accused in criminal proceedings;

4) a person who has been released from civil service due to the commission of a disciplinary offence and less than a year has passed from the release from service;

5) a person who receives a pension, remuneration or other regular compensation from a state which is not a Member State of the European Economic Area or the Swiss Confederation or which does not belong to the North Atlantic Treaty Organisation;

6) a person who has been punished for an offence which includes the necessary elements of an act of corruption specified in the Anti-corruption Act;

9) a person who knowingly presented false information in the personal data form or withheld significant information.

(2) A list of positions specified in subsection 1 of this section is established by a directive of the head of the relevant rescue service agency.

§ 7². Background check

(1) In order to assess suitability for a post of a rescue servant, position of an official, position of employment of a worker, or practical training at a rescue service agency, the identity of a person may be established and personal data, including special categories of personal data, may be processed and the following data may be collected, considering the duties of the position, position of employment or position of practical training for which the person is applying:

1) the person’s contact details, data concerning the person’s place of residence, data concerning the person’s nationality and identity document, and data concerning the person’s employment;

2) data concerning criminal sanctions imposed on the person, sanctions imposed for a misdemeanour during the past five years, criminal record, release from sanction and enforcement of sanctions;

3) data concerning criminal proceedings initiated against the person where the person has been declared to be a suspect or an accused, and concerning the final decision terminating the proceedings in such matters;

4) data concerning the person’s involvement with an organisation or movement which discards public order with its activities or the activities of which are aimed at the violent changing of the sovereignty and independence of the Republic of Estonia, violent breach of territorial integrity, violent seizure of power, or violent changing of the constitutional order of Estonia;

5) data concerning the person’s crossing of the external border and stay in a foreign state in order to establish the person’s stay in a foreign state which has been entered on the list established under subsection 3 of § 19 of the State Secrets and Classified Information of Foreign States Act and for which a notification requirement specified in subsection 2 of the same section applies;

6) data concerning the person’s involvement with a foreign state’s intelligence or security services.

(2) An applicant for a post of a rescue servant, position of an official or position of employment of a worker at a rescue service agency may be required to submit a personal data form. A decision about the submission of a personal data form is made by the rescue service agency to which the person is applying for service or employment. The personal data form requires data which enables the assessment of the person’s suitability for service. In addition, data concerning the given name and surname, personal identification code, in the absence of a personal identification code date and place of birth, and contact information of relatives and relatives by marriage, including parents, sister, brother, children, spouse, registered partner, and also a partner in a relationship resembling marriage may be required to ensure them social guarantees provided by law and provision of necessary information in a crisis situation.

(3) The format of the personal data form specified in subsection 2 of this section is established by a regulation of the minister in charge of the policy sector.

(4) The data specified in subsection 1 of this section are processed and the data presented in the personal data form specified in subsection 2 are verified by the Police and Border Guard Board.

(5) The Police and Border Guard Board may also verify the facts specified in subsection 1 of this section in respect of a person employed in service or employed at a rescue service agency during their service or employment where there is reasonable doubt that there are circumstances that would preclude the person’s employment in service or employment.

(6) The data specified in subsection 2 of this section are retained for five years after resignation from service or employment or in the event of a legal dispute arising after resignation from service or employment until the settlement of the legal dispute.

(7) For verification of the data specified in subsection 1 of this section and the data presented in the personal data form specified in subsection 2 the Police and Border Guard Board has the right to:

1) contact state and local government agencies as well as natural and legal persons with an inquiry into the personal data of the person being checked;

2) interview the person being checked as well as representatives of the employer or educational institution thereof and other persons in order to identify the moral character and other personal qualities of the person being checked and, where appropriate, take a written statement from the person being interviewed with the consent thereof;

3) verify personal data in a database of the state, local government or other legal person governed by public law or private law;

4) obtain data from the archive of the Criminal Records Database;

5) process personal data addressed to the public and available from public sources.

(8) The facts specified in subsection 1 of this section may provide a rescue service agency a basis for refusing to accept a person to rescue service in a post of a rescue servant, position of an official, position of employment of a worker, or for practical training.

(9) The reasons for refusal specified in subsection 8 of this section and the facts which serve as the basis for refusal are not disclosed insofar as may be inevitably necessary in order to ensure:

1) national security;

2) national defence;

3) public order;

4) countering, discovery or processing of an offence or enforcement of a sanction;

5) protection of a data subject or protection of the rights and freedoms of other persons.

(10) The provisions of this section also extend to a person who is applying for acceptance to vocational education studies or professional higher education studies in the specialty of the rescue service, or for the post of a rescue servant in an institution of professional higher education for public defence.

§ 7³. Fingerprinting of rescue servants and taking of DNA sample from them

(1) An official of the rescue service involved in explosive ordnance disposal is fingerprinted and a DNA sample is taken from them for the purposes of eliminating the traces left by the official of the rescue service on objects of analysis.

(1¹) When fingerprinting, fingerprints from both hands and palm prints and writer’s palm prints are taken from an official of the rescue service.

(2) A list of positions where officials of the rescue service are fingerprinted and from whom a DNA sample is taken is established by a directive of the Director General of the Rescue Board.

(3) Biometric data obtained by fingerprinting an official of the rescue service are entered in the automated biometric identification system database, and psedonymised biographical data of the official of the rescue service and data concerning the taking of dactyloscopic data and data concerning collecting of their DNA sample and data obtained by analysis thereof are entered in the national offence proceedings biometrics database.

(4) The information obtained as a result of fingerprinting an official of the rescue service and analysing their DNA sample is deleted from the national databases after three years have passed from the release of the official of the rescue service from the rescue service. The Rescue Board notifies the Estonian Forensic Science Institute of the need to delete from the national databases the information concerning the official of the rescue service.

(5) The procedure for fingerprinting an official of the rescue service and taking their DNA sample and forwarding the dactyloscopic data and DNA samples under this section is established by a regulation of the minister in charge of the policy sector.

§ 8. Specifications of employment of rescue servant in service

(1) The head of a rescue service agency is appointed to office for a term of five years by the Government of the Republic on the proposal of the minister in charge of the policy sector after having heard the opinion of the Legal Affairs Committee of the Riigikogu.

(2) The deputy head of a rescue service agency is appointed to office for a term of five years by the minister in charge of the policy sector on the proposal of the head of the relevant rescue service agency.

(3) The head of a rescue centre of the Rescue Board is appointed to office for a term of five years by the minister in charge of the policy sector on the proposal of the Director General of the Rescue Board.

(3¹) The head of a centre of the Emergency Response Centre is appointed to office for a term of five years by the Director General of the Emergency Centre.

(4) The Director of the Rescue College is employed in service by the minister in charge of the policy sector on the proposal of the Rector of the Estonian Academy of Security Sciences after having heard the opinion of the Director General of the Rescue Board.

(5) In the cases provided by subsection 1 of § 39 of the Civil Service Act and subsection 4 of § 44 of the Employment Contracts Act, with the consent of the Director of the Rescue College, the Director General of a rescue service agency has the right to involve in service students acquiring vocational education on the basis of secondary education and students acquiring professional higher education in an institution of professional higher education for public defence in the rescue specialty in full-time studies.

(6) In the event provided by subsection 5 of this section, the social guarantees, rights and liability prescribed for a rescue servant according to Chapter 4 of the Rescue Act and also §§ 14, 16, 20, 20¹ and 22 and Chapter 5 of this Act extend to students acquiring vocational education on the basis of secondary education and students acquiring professional higher education in an institution of professional higher education for public defence in the rescue specialty in full-time studies, provided they were involved by an administrative act or they started performing the functions of the rescue service agency on their own initiative or at the request of the victim.

(7) The compensation prescribed by § 14 of this Act is calculated on the basis of the lowest salary rate of a rescue servant applicable on the day the relevant student acquiring vocational education on the basis of secondary education or student acquiring professional higher education in an institution of professional higher education for public defence in the rescue specialty in full-time studies was killed or became injured.

§ 8¹. Competence to organise service

(1) The service of rescue servants of a rescue service agency is organised, including are employed in service and released from service, an employment contract is entered into with them and it is terminated or cancelled, their right to exercise public authority is suspended, employees are allowed to exercise their right to refuse to work, an authorisation is granted to them, if the law provides for the requirement of an authorisation of a person having the right to employ a person in service, and an official of the rescue service is transferred from one position to another by the head of the rescue service agency or by a person provided in the statutes of the rescue service agency.

(2) In the case provided in subsection 1 of this section and for the organisation of the work of the rescue service agency, the head of the rescue service agency or a person provided in the statutes of the rescue service agency may issue a directive.

§ 9. Evaluation of rescue servants

(1) The procedure for evaluating the work results of a rescue servant, the efficiency of their refresher training and their compliance with the requirements for professional qualification and the period of retention of evaluation results are established by a regulation of the minister in charge of the policy sector.

(3) A rescue servant who, based on the results of their evaluation, is not suitable for their post may be demoted or released from service.

§ 10. Oath of rescue servant and taking of oath

(1) A rescue servant entering the rescue service for the first time must take before the minister in charge of the policy sector, the head of the rescue service agency or an official of the rescue service authorised thereby the following oath:

“As I join the rescue service, I, (given name and surname), take an oath to be loyal to the constitutional order of Estonia and to always subject my conduct to the applicable legislation; I undertake to maintain the confidentiality of the state and professional secrets entrusted to me, not to abuse the authority invested in me or the trust of people, to respect the core values of the organisation, to always remain honest and perform my duties in a conscientious manner.”

(2) Students of the Rescue College must take the oath of rescue servants before their first on-the-job training.

(3) The ceremony of taking the oath of rescue servants takes place under the flag of the rescue service agency.

(4) The rescue servant taking the oath of rescue servants reads out the oath of rescue servants and signs the text of the oath of rescue servants.

(5) The text of the oath signed by the rescue servant is kept in the rescue servant’s personal file.

(6) The oath of rescue servants is not taken by persons who have taken an oath of office in public service prior to employment in the rescue service.

§ 10¹. Appointment and assignment of official of rescue service to another position in governmental authority and international organisation

(1) The right of an official of the rescue service to exercise public authority may be suspended with their consent in connection with their appointment for a definite period of time to another position which requires professional preparation or in connection with their assignment to a corresponding position in an international organisation.

(1¹) The period of time of service and employment of an official of the rescue service in another governmental authority or international organisation is subject to subsection 4 of § 33 of the Civil Service Act.

(2) An official of the rescue service is appointed to a position in another governmental authority or assigned to a position in an international organisation by a person having the right to appoint to office in the said authority or organisation.

(3) Upon the expiry of the period of time of service or employment in another governmental authority or international organisation, the official of the rescue service is released from service therein and they are appointed to the same position or a different position of the same rank where they were employed before being transferred to the other governmental authority or international organisation.

(4) An official of the rescue service whose right to exercise public authority has been suspended in connection with their appointment to a position in another governmental authority or their assignment to a position of an official in an international organisation is paid, at their request, wages by the rescue service agency or the other governmental authority according to their last position of an official of the rescue service.

§ 10². Appointment of rescue servants to position and assignment of rescue servants to employment in institution of professional higher education for public defence

(1) A rescue servant may, with their consent, be appointed or assigned to a position within an institution of professional higher education for public defence for a specific period of time if this is consented to by the rescue servant and a person from the rescue service agency and the institution of professional higher education for public defence who has the right to give such a consent.

(2) A rescue servant serving in an institution of professional higher education for public defence for a specific period of time resumes, after the end of the period of time, their rescue service in the position or position of employment where they served before being appointed to the position in the institution of professional higher education for public defence or at least in an equal position or position of employment and they are guaranteed the same service conditions.

§ 10³. Release from rescue service due to circumstances which would preclude rescue servant from being employed in service

A rescue servant is released from service if circumstances which would preclude them from being employed in service under clause 1, 2, 4–6 and 9 of subsection 1 of § 7¹ of this Act appear or arise.

§ 10⁴. Release of rescue servants due to their state of health

A rescue servant may be released from service if their state of health does not meet that provided for on the basis of subsection 4 of § 7 of this Act.

§ 11. Remuneration of rescue servants for work

(1) The wages of rescue servants comprise basic wages, variable wages, and additional remuneration provided by law and paid on the basis of law.

(2) Basic wage is the amount of money corresponding to the post of the rescue servant and arising from the salary rate determined for the rescue servant. The salary rate is a specific amount or a range of amounts.

(3) Variable wage is an irregular portion of the wages of a rescue servant that may be paid as performance-related wages, an additional remuneration for the performance of additional duties or a bonus in the cases provided by law.

(4) When establishing the salary rates, the requirements for the qualification of rescue servants, the specifications of their service or working conditions, the region, and other indicators characterising the peculiarity of their work are taken into account.

(5) The salary rates of rescue servants and the procedure for determining the basic wages and paying variable wages and additional remuneration to rescue servants are established by a directive of the minister in charge of the policy sector.

(6) The minister in charge of the policy sector or by the authority thereof the Director General of the Rescue Board or of the Emergency Response Centre, or the Rector of the Estonian Academy of Security Sciences establishes the salary guide for the officials, employees and rescue servants of the Rescue Board, the Emergency Response Centre and the Estonian Academy of Security Sciences by a directive which prescribes the procedure for the payment and grant of wages, including the procedure for calculating the remuneration paid for performance of duties at night and on public holidays, for overtime and on-call time.

§ 13. Length of rescue service

(1) The length of rescue service includes the time worked in the post of a rescue servant.

(2) The length of the rescue service also includes:

1) the time worked as a rescue servant or a firefighter and rescue worker in a state or local government rescue service agency, an institution of professional higher education for public defence or the Väike-Maarja Rescue School as of 24 April 1994;

2) the time worked as a firefighter in a state or local government rescue service agency from 5 February 1991 to 23 April 1994;

3) the time worked in a position within the rescue field, which grants rescue servants the right to superannuated pension, in the Ministry of the Interior or authorities in its area of government until 4 February 1991;

4) the length of police service and border guard service that has been calculated on the basis of the Police Service Act and the Border Guard Service Act until 1 January 2010;

4¹) the time worked as a police officer on the basis of the Police and Border Guard Act as of 1 January 2010;

5) the time worked in militarised rescue units;

6) the time worked in militarised and professional fire brigades and units, and in civil defence headquarters in cities, districts and the republic;

7) the time worked in local structural units within national firefighting supervision;

8) the time worked in a firefighting association as an A-brigade driver, firefighter, firefighter/driver, senior watchman, brigade chief;

9) the time that a person sent by the Rescue Board or a rescue service agency spent working in rescue service agencies of other states and in international rescue organisations, also the time spent as an expert on an international civil mission;

10) the time spent studying in the rescue specialty in an institution of professional higher education for public defence, in the Väike-Maarja Rescue School, in the Väike-Maarja Study Centre, in the State Rescue School of the Väike-Maarja Study Centre, and in other states’ educational institutions in the field of firefighting and rescue;

11) the time spent in conscript or active service in the Defence Forces or in alternative service in Estonia;

12) the time spent working in the Ministry of the Interior if it was preceded and followed by work as a rescue servant, a firefighter or a rescue worker in a state or local government rescue service agency, and also the time spent working in the Ministry of the Interior in a position determined by the minister in charge of the policy sector which requires rescue-related preparation.

§ 14. Compensation in case rescue servant dies or their work ability decreases

If a rescue servant dies or their work ability decreases in the performance of their functions, the state pays compensation on the grounds and according to the rules provided in § 49 of the Civil Service Act.

§ 16. Medical examinations and vaccination of rescue servants

(1) Rescue service agencies must ensure that rescue servants get an examination free of charge, verifying the compliance with the health requirements which are part of the requirements for professional qualification provided in subsection 4 of § 7 of this Act.

(2) Rescue service agencies must guarantee to rescue servants vaccination free of charge to the extent of and pursuant to the procedure determined by the head of the corresponding rescue service agency. Vaccination of rescue servants is voluntary.

§ 17. Uniform of rescue servants and full-time students of Rescue College

(1) Rescue servants and full-time students of the Rescue College are given a uniform free of charge.

(2) The description of the uniform is established by a regulation of the minister in charge of the policy sector.

(3) The procedure for giving and wearing a uniform is established by a directive of the head of the rescue service agency and the Rector of the institution of higher professional education for public defence, respectively.

(4) Other persons and organisations related to the rescue domain may wear a uniform in agreement with the head of the rescue service agency.

§ 17¹. Identification of rescue servant and badge of office of official of rescue service

(1) The description and format of the identification of a rescue servant and the badge of office of an official of the rescue service are established by the minister in charge of the policy sector.

(2) A list of positions where a rescue servant is issued an identification and an official of the rescue service is issued a badge of office is established by a directive of the head of the rescue service agency.

§ 18. State old-age pension of rescue servants

(1) The provisions of the State Pension Insurance Act are applied to the state old-age pension of rescue servants, taking into account the specifications of this Act.

(2) State old-age pensions are increased as follows:

1) in the case of rescue service of 10–15 years—by 10%;

2) in the case of rescue service of 16–20 years—by 20%;

3) in the case of rescue service of 21–25 years—by 25%;

4) in the case of rescue service of 26–30 years—by 40%;

5) in the case of rescue service of over 30 years—by 50%.

(3) Section 113 of the Civil Service Act does not apply to rescue servants.

(4) Expenses arising from the increase of old-age pensions provided in subsection 2 of this section are covered from the state budget funds.

(5) The state old-age pension specified in this section is granted and paid after the end of work in the position of a rescue servant and after the payment of an allowance of a rescue servant waiting for old-age pension.

(6) A person who has been convicted of an offence provided in Chapter 15 or Subchapter 2 of Chapter 17 of the Penal Code for which the Penal Code prescribes imprisonment of at least up to five years forfeits the right to the increase of old-age pension provided in subsection 2 of this section.

(7) If a person was paid a state old-age pension provided in this section together with the increase of the old-age pension, the payment of the increased old-age pension is terminated as of the month following the month when the court judgment entered into force. If a person forfeits the right to the increase of old-age pension provided in this section, they maintain the right to a state pension on general bases.

(8) Within 10 working days as of the entry into force of the court judgment, the court informs the Social Insurance Board of the fact in connection with which the person forfeits the right to the increase of old-age pension provided in this section.

§ 19. Allowance of rescue servant waiting for old-age pension

(1) A rescue servant who has been in the rescue service for at least 15 years and who has not been granted a state pension has the right to start waiting for the old-age pension up to five years before reaching the pensionable age provided in § 7 of the State Pension Insurance Act.

(2) From the time a rescue servant starts waiting for the old-age pension until the time the state old-age pension is granted the rescue service agency pays to the rescue servant an allowance equal to the amount of their old-age pension, taking into account the specifications provided in this Act. No allowance is paid when the person is working as a rescue servant.

(2¹) A person who has been convicted of an offence provided in Chapter 15 or Subchapter 2 of Chapter 17 of the Penal Code for which the Penal Code prescribes imprisonment of at least up to five years forfeits the right to the allowance of a rescue servant waiting for the old-age pension provided in this section.

(2²) If a person was paid an allowance of a rescue servant waiting for the old-age pension provided in this section, the payment of the allowance is terminated as of the month following the month when the court judgment entered into force. If a person forfeits the right provided in this section, they maintain the right to apply for a pension on general bases.

(2³) Within 10 working days as of the entry into force of the court judgment, the court informs the rescue service agency of the fact in connection with which the person forfeits the right to the allowance of a rescue servant waiting for the old-age pension provided in this section.

(3) Expenses arising from the payment of the allowance provided in subsection 2 of this section are covered from the state budget funds.

(4) The procedure for the grant, calculation and payment of the allowance of a rescue servant waiting for the old-age pension is established by a regulation of the minister in charge of the policy sector.

§ 19¹. Compensation for proprietary damage

(1) Direct proprietary damage caused to a rescue servant or their family member due to performance of duties of a rescue servant is compensated by the state. The damages are recovered from the guilty party by way of recourse.

(2) The conditions and procedure for compensation for proprietary damage are established by a regulation of the minister in charge of the policy sector.

§ 20. Working and rest time and on-call time of rescue servants

(1) The working and rest time of officials of the rescue service is determined on the basis of the Civil Service Act and the working and rest time of rescue workers is determined on the basis of the Employment Contracts Act, taking into account the specifications provided in this Act.

(2) The calculation period for the working time of rescue servants is up to six months.

(3) The conditions provided in the Civil Service Act for work done on public holidays and the restriction on night work are not applied to officials of the rescue service, provided working does not harm the health or safety of the officials of the rescue service and the working time does not exceed the restriction specified in § 36 of the Civil Service Act. The restriction on night work provided in the Employment Contracts Act is not applied to rescue workers, provided working does not harm the health or safety of the rescue workers and the working time does not exceed the restriction specified in subsection 1 of § 46 of the Employment Contracts Act.

(6) The on-call time of a rescue servant is part of the rest time. The on-call time of a rescue servant must not exceed 155 hours per month.

(8) The restrictions provided in subsection 1 of § 41 of the Civil Service Act are not applied to officials of the rescue service and the restrictions provided in subsection 1 of § 51 of the Employment Contracts Act are not applied to rescue workers provided working does not harm the health or safety of the officials of the rescue service or the rescue workers.

§ 20¹. Unscheduled overtime work

(1) A rescue service agency may require a rescue servant to perform, without their consent, their duties outside the working time, including on days off and national holidays, if the duties arise from extraordinary circumstances and the duties must be performed immediately (hereinafter unscheduled overtime work). In the case of the summarised calculation of working time, unscheduled overtime work is the performance of duties exceeding the working time at the end of the calendar month.

(2) A rescue servant who is pregnant or who is entitled to maternity leave may not be required to perform unscheduled overtime work.

(3) When compensating for unscheduled overtime work, the rescue service agency pays a rescue servant 1.5 times the salary or, at the request of the rescue servant, provide additional time off which equals the length of the period of unscheduled overtime work.

§ 22. Rescue work outside dispatch jurisdiction

The provisions of § 44 of the Civil Service Act and § 21 of the Employment Contracts Act are not applied to requiring a rescue servant to perform within 24 hours rescue work outside the dispatch jurisdiction assigned to them by a directive of the Director General of the Rescue Board.

§ 23. Incentives

(1) The incentives applied to rescue servants are:

1) expression of appreciation;

2) grant of a monetary award;

3) grant of a gift;

4) award of a certificate of honour;

5) award of a badge of honour of the rescue service.

(2) The types and description and the procedure for the bestowal, wearing and withdrawal of badges of honour of the rescue service are established by a regulation of the minister in charge of the policy sector in co-ordination with the Government Office.

(3) The incentives specified in subsection 1 of this section are also applied to persons who are not rescue servants.

§ 24. Bases for applying incentives

(1) Incentives may be applied to rescue servants for:

1) long-time impeccable service, or

2) the outstanding performance of duties of employment.

(2) Several incentives may be applied at once.

§ 25. Right to apply incentives

(1) The right to apply incentives to rescue servants lies with the head of a structural unit authorised by a directive of the head of the rescue service agency. The head of the rescue service agency determines in the directive the extent of the right to apply incentives to be granted to the head of a structural unit.

(2) The minister in charge of the policy sector and the head of a rescue service agency have the right to apply incentives to all rescue servants.

(3) Only the minister in charge of the policy sector has the right to apply the incentive specified in clause 5 of subsection 1 of § 23 of this Act.

§ 25². Person with permanent incapacity for work

(1) A rescue servant whose permanent incapacity for work has been established before 1 July 2016 is paid unreceived compensation under § 14 of the Rescue Service Act in force up to 1 July 2016.

(2) A rescue servant whose partial work ability is established on the basis of the Work Ability Allowance Act is deemed to have fulfilled the requirement of partial loss of work ability. A rescue servant whose lack of work ability is established on the basis of the Work Ability Allowance Act is deemed to have fulfilled the requirement of no work ability.

§ 26

–

§ 32

[Omitted from this text.]

§ 33. Period of validity of specification of state old-age pension

(1) Section 18 of this Act remains in force up to and including 28 February 2043.

(2) A person whose length of service by the date specified in subsection 1 of this section is appropriate for the increase of their state old-age pension retains their right to the increase of the old-age pension and their state old-age pension is increased according to subsection 2 of § 18 of this Act.

(3) The right to the increase of the old-age pension provided in § 18 of this Act lies with a rescue servant who was in the rescue service on 1 March 2008 or later and who has been or will be granted old-age pension after 29 February 2008 and whose length of rescue service is appropriate for the increase of the old-age pension.

§ 33². Entry into force of § 20² of the Rescue Service Act

Section 20² of this Act enters into force on 1 January 2011.

§ 33³. Expiry of and compensation for additional holiday granted for length of rescue service

Unused days of additional holiday for a year, within the length of rescue service, which has ended before 1 April 2013 expire within four years as of 1 April 2013. Expiry is suspended for the period of time when a rescue servant is on pregnancy and maternity leave, adoptive parent leave or parental leave, as well as for when a rescue servant is undertaking military service or alternative service. Days of additional holiday which have not been used and which have not expired are compensated for in money upon resignation from the service.

§ 33⁴. Term of service of deputy head of rescue service agency, head of rescue centre of Rescue Board and head of centre of Emergency Response Centre employed in service for unspecified term

Deputy head of a rescue service agency, head of a rescue centre of the Rescue Board and head of a centre of the Emergency Response Centre in service on 1 July 2022 are deemed appointed to office until 30 June 2027.

§ 34. Entry into force of Act

This Act enters into force on 1 March 2008.