Measures by the Bureau of the National Assembly No. 101 / 1961 Coll.
Legal action by the Bureau of the National Assembly on compensation of wages in military training
Valid
Effective from 01.09.1961
101
LEGAL MEASURES
Bureau of the National Assembly
of 22 September 1961
on compensation for military training
The Bureau of the National Assembly of the Czechoslovak Socialist Republic has decided pursuant to Article 60 (2) of the Constitution on the following legal measure:
(1) A worker called for military training or any other service in the armed forces, with the exception of military basic and alternative services (hereinafter referred to as "military exercises") whose employment relationship to the undertaking on the day of the entry into military training lasts for a continuous period of at least three months, shall be paid by that undertaking for the duration of the military training at the rate of:
(a) 50% of its average earnings, if it is a worker who does not care for any person;
(b) 65% of its average earnings, if it is a worker who looks after one person;
(c) 90% of its average earnings, if it is a worker who looks after two persons;
(d) 95% of its average earnings are for a worker who cares for three or more persons.
(2) The grant of the refund referred to in paragraph 1 (b) to (d) shall take into account only those persons who are recognised as dependants for payroll tax purposes.
(3) In the event of a change of employment for reasons of general interest or other serious reasons, the continuous duration of the employment relationship shall be assessed in accordance with the same principles as for paid leave to be recovered.
(4) If, after the completion of one type of service, the worker carries out the same or another type of service in the armed forces, the downstream service shall be considered as a continuation of the previous service in respect of claims for compensation.
(5) At the end of the military training, the worker shall be entitled to pay from the date of restarting work on the holding.
(1) In the last week before the date laid down for the taking-up of the exercise, the undertaking shall provide the worker with the necessary leave of absence to deal with his personal and family affairs and to appear in due time at a specified place, but not more than one day.
(2) If a worker is to take up military training at a place so far from his place of residence that the journey by means of the means of transport which he is entitled to use takes more than 6 hours, he shall be extended by one travel day, and if such travel requires more than 18 hours, by two travel days. If a worker is working in a place so far from his family's place of residence that the journey from his place of work to that place of residence takes more than 6 hours, he shall be entitled to one more travel day.
(3) Travel days shall be the responsibility of the worker to travel back from the place where he was released from the military exercise to the place of residence or, where applicable, the workplace, under the conditions and to the extent specified in paragraph 2.
(4) For the period of leave and travel days provided under the preceding paragraphs, the staff member shall be entitled to compensation for the salary equivalent to the average earnings, provided that such period does not cover the days on which the staff member normally does not work.
(1) The average wage for workers working on a task-pay basis, in a simple period of time, in a period of time with a premium or with a performance or, where applicable, a personal allowance shall mean the gross wage from which the worker was calculated when his last paid recovery leave was taken, unless the basic wage has changed permanently since then. If such a change occurs, the amount of compensation for wages should be re-established according to the same principles as for calculating the compensation for wages during the period of leave (Section 11 of Decree No. 82 / 1959 Coll., implementing certain provisions of the Law on paid leave for recovery). A worker who has not yet had a paid recovery leave on the holding shall be compensated for the wage equivalent to the average earnings achieved during the last completed wage period.
(2) The average earnings for technical and economic workers, as well as for scientists and researchers who are awarded premiums for the performance of premium indicators under the premium scheme, shall be the basic salary, the premium which would have been due to them if they had worked at their place of work, and any remuneration for overtime, established on the average of overtime pay paid for the period to be determined for the calculation of the average earnings referred to in paragraph 1.
Transitional and final provisions
A worker who started a military exercise before the date of the publication of this legal measure shall, during that exercise, be entitled to compensation under the current rules if this is more favourable to him.
The government may provide for the necessary derogations from the provisions of this statutory measure during the period of the state's armed emergency (§ § 5 to 14 of Act No. 40 / 1961 Coll., on the defence of the Czechoslovak Socialist Republic).
The provisions of Sections 5 and 7 of Act No. 64 / 1950 Coll., on the social security of persons called to the service of the armed forces and of their family members, as amended by the statutory measure of the Bureau of the National Assembly No. 43 / 1956 Coll., and of Sections 4, 6 and 7 of the Government Decree No. 131 / 1950 Coll., implementing the Act on the social security of persons called to the service of the armed forces and their family members, as amended by the Government Decree No. 18 / 1953 Coll., in so far as they provide for compensation of wages in military exercises.
This legal measure shall take effect on 1 September 1961.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
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Regulation Information
| Citation | Measures by the Bureau of the National Assembly No. 101 / 1961 Coll., on compensation of wages in military exercises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.09.1961 |
|---|---|
| Effective from | 01.09.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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