Principles of the Government of the Czechoslovak Socialist Republic and of the Central Council of Trade Unions for the conclusion, content and control of collective agreements, approved by the Resolution of the Government of the Czechoslovak Socialist Republic No. 103 / 1975 Coll.
Principles of the Government of the Czechoslovak Socialist Republic and of the Central Council of Trade Unions for the conclusion, content and control of collective agreements, approved by the Resolution of the Government of the Czechoslovak Socialist Republic of 10 July 1975 No 210
Valid
103
PRINCIPLES
Governments of the Czechoslovak Socialist Republic and the Central Council of Trade Unions for the conclusion, content and control of collective agreements, approved by the Resolution of the Czechoslovak Socialist Republic of 10 July 1975 No 210
Collective agreements are an important political-economic and legal instrument and an important form of participation by workers in ensuring the planned development of the organisation. They set out binding concrete measures and commitments to fulfil the planned tasks of the organisation, to apply socialist principles to pay for work and to improve the working, health, social and cultural conditions of workers. They contribute to the deepening of socialist democracy, conscious labour discipline, and mutual cooperatory relations in organisations.
The Government of the Czechoslovak Socialist Republic and the Central Council of Trade Unions shall establish the following principles in order to implement, conclude and control collective agreements:
Conclusion of collective agreements
1. A collective agreement is concluded between a collective of workers and an organisation. On behalf of the workers, it is concluded by the Committee of the Revolutionary Trade Union Movement, the Business Committee, the coordination meeting of the Chairpersons of the Revolutionary Trade Union Movement and, where appropriate, the other relevant trade union body (hereinafter referred to as the "Racing Committee ') and its head of organisation.
2. Collective agreements are concluded in all state economic and contribution organisations. Collective contracts in budgetary and other organisations shall be concluded by agreement of the Racing Committee with the head of the organisation, in particular where the relevant Central Committee of the Trade Union recommends this in agreement with the authority of the superior organisation.
3. In larger organisations and organisations with a fragmented organisational structure or locally separated plants, by agreement, the Steering Board shall conclude a collective agreement on behalf of the plant staff and / or the head of the plant, on behalf of the organisation, in particular where the relevant Central Trade Union Committee recommends so in agreement with the authority of the superior organisation.
4. The provisions and obligations of the collective agreement of the organisation shall apply to the plant and its staff, unless the collective agreement of the plant provides otherwise.
5. Collective agreements may also be concluded by the Directorate-General for Production of Economic Units with the relevant higher trade unions, as instructed by the Central Committee of the Trade Union and the Central Authorities of the Supervisors.
6. The collective agreement shall be prepared in parallel with the draft organisation plan and approved at the same time as its confirmation; it must be approved by 15 February of the year concerned at the latest. It shall be closed for a period of one calendar year; If appropriate, a collective agreement may be concluded for a longer period.
7. If there are serious changes in the organisation's activities, in particular when the organisation's plan is amended or if there are other serious reasons for doing so, the amendment or addition of the collective agreement shall be made in addition to the collective agreement.
8. Collective contract, its changes and accessories are concluded in writing.
9. All obligations in the collective agreement must be timed and laid down by name responsibility for their performance.
Content of collective agreements
Security of planned tasks of the organisation
10. A collective agreement shall, as a general rule, include a brief description of the main tasks of the plan and the method of allocating the economic result (s) of the organisation after the specified contributions and other obligations have been fulfilled in the relevant funds of the undertaking. In order to ensure the tasks of the plan and, where appropriate, the budget of the organisation, the collective agreement shall include in particular specific commitments from the organisation and staff, in particular:
(a) ensuring that the tasks of the plan are equally carried out, in particular by detecting and utilising reserves in sources of labour productivity growth and streamlining the production process by improving internal management and organisation of work;
(b) the full use of the new technology and technology and the rapid implementation of the results of scientific and technological progress in the production, modernisation and optimum use of the basic funds;
(c) improving the quality of products and services, expanding the product range, replacing them in order to meet the planned supplies for the internal market, export and investment;
(d) the efficient use of raw materials, materials and all types of energy, the reduction of budgetary, general and own costs and the improvement of the profitability of production and services;
(e) strengthening labour and technological discipline, improving the use of the Working Time Fund, stabilising workers, reducing absences and unwanted fluctuations, improving the use and deployment of workers, ensuring the protection of socialist property;
(f) participation in the preparation, security and control of the conditions of intra-corporate competition and production meetings and the way in which the results and experience of all forms of work and creative initiative are promoted and popularised;
(g) preparation, processing and monitoring of the implementation of programmes of comprehensive socialist rationalisation in the further development of comprehensive rationalisation brigades, guidance and support for the activities of improvement and inventor;
(h) a programme of actions aimed at encouraging and promoting the movement of inventors and enhancers, to enhance their technical knowledge, provided by financial means in agreement with the branch of the Czechoslovak Scientific and Technical Society;
(i) measures aimed at reducing overtime work and reducing the night work of women.
Education and training activities
11. In order to increase educational activity in order to further deepen the knowledge and knowledge of workers, the collective agreement contains commitments aimed primarily at:
(a) improving the qualifications of workers, in particular youth and women, in accordance with the needs of the organisation in business and other forms of education;
(b) increasing the political and economic knowledge of workers in the schools of socialist work and in the workplace and selecting propaganda professionals according to the needs of the trade union;
(c) strengthening the educational influence of workers' collectibles to strengthen labour and technological discipline, improve the use of the Working Time Fund and ensure the protection of property in socialist ownership through all forms of training;
(d) the systematic consolidation of the legal consciousness of workers in the form of legal propaganda, taking into account the specific conditions of the organisation, the provision of advice to workers working in the field of labour, social and, where appropriate, civil legislation.
Material interests
12. In accordance with the legislation on wage developments and labour pay, the collective agreement shall contain in particular:
(a) the total volume of wage resources resulting from the rules laid down to guide wage developments from the planned volume of output and profit and, where appropriate, from other indicators and the level of the average wage; in budgetary and contribution organisations, the total planned amount of wage appropriations, with appropriations for remuneration and the amount of the average salary. At the same time, the planned use of the remuneration fund shall be indicated;
(b) specific measures to improve the differentiation of average wages between in-house departments, groups of workers and, where appropriate, the main professions to be carried out for this purpose during the specified periods;
(c) provisions for carrying out analyses of the economic efficiency of the wage forms used in order to increase their incentive and focus on the critical tasks of the organisation, in particular on the application of scientific and technical progress, the achievement of material and other cost savings and the improvement of other qualitative results of production and work;
(d) substantive and political organisational measures to ensure a progressive level of labour consumption standards and the procedure for implementing their amendments;
(e) the agreed procedure in the event of a restriction on pay in the organisation to the sum of wages guaranteed by individual workers, which is increased in accordance with the applicable rules;
(f) information where the staff of the organisation may consult the wage regulations used in the organisation, the premium regulations, the specific conditions for the provision of remuneration and the establishment and use of the fund of managers, etc.
13. The collective agreement provided for in the legislation provides in particular:
(a) detailed conditions for the provision of shares in economic results; 1)
(b) the procedure and conditions for the award of remuneration in major working and living years for the long-term success of the work.2)
14. If certain conditions for remuneration are not regulated by law, the collective agreement shall:
(a) lay down, in particular, the following:
- the amount of the supplements for working in night shifts;
- the manner and extent of the wage advantage for working on Saturdays and Sundays and the conditions for granting it;
(b) may, in accordance with the authorisation provided for in the wage rules, lay down in particular:
- a single overtime allowance by day, night and day of continuous rest per week, if justified by the nature of the work;
- exceptional provision of an adequate lump sum for overtime work;
- in which cases, in exceptional cases, workers who have been paid, taking into account any overtime work, for overtime worked at night or on the day of work, instead of the replacement leave, shall be entitled to a basic allowance with an appropriate supplement;
- the time period for the payment of premiums and remuneration, if it is to exceed one month.
Workers care
15. In order to improve the working, health, social, cultural and other living conditions of workers, the collective agreement shall include specific commitments, in particular, to ensure the objectives of comprehensive staff care programmes for the year in question, aimed in particular at:
(a) the continuous creation of conditions for safe and healthy work and for the prevention of accidents at work and occupational diseases, in particular the improvement of the working environment by air conditioners, lighting, the reduction of dust, noise, vibration, the presence of health harmful substances and the overall aesthetic appearance of workplaces, the provision of personal protection for workers according to the list of professions and workplaces, the overall treatment of preventive care, equipment and operation of the health centre, spa care, etc.;
(b) measures aimed at ensuring the timetable for tasks to be taken out of physically strenuous work, in particular working women;
(c) participation of trade unions in the processing and control of the implementation of the annual recovery plan;
(d) sanitary facilities, their establishment, modernisation and fitting-out (children's facilities, nurseries, nursery schools, dressing rooms, washrooms, showers, heaters, work clothes and footwear dryers, women's personal hygiene rooms, etc.);
(e) the method of ensuring the development of food for racing workers (in the own canteen, the canteen of another organisation, the import of food or the form of replacement meals, the construction, modernisation of equipment and the operation of canteens, kitchens, canteen and auxiliary farms, food security for the second and third shifts, the extension of the range and quality of meals, the level of service, the improvement of the environment in the canteen, the development of socialist competition in the canteen, etc.);
(f) the participation of workers in improving the environment and, in particular, the working environment by means of socialist commitments (adaptation and appearance of the workplace from an aesthetic point of view, clean air, water and soil);
(g) assisting in the resolution and improvement of the housing level of workers (corporate, cooperative and individual housing construction, financial, technical and other assistance to the organisation, construction, equipment and operation of mass hostels, management and maintenance of the farm housing fund and the way in which housing loans are granted by the organisation and the fund of cultural and social needs);
(h) improving the transport of workers to and from employment;
(i) the extension of opportunities for a higher level of free time use for the renewal of work capacities (selection, enterprise, children's recreation, cultural and interest activities, tourism and physical activities), including the way in which recreation and tours from the cultural and social needs fund are selected, organised and financed, or from ROH resources;
j) the provision of various services in and outside the plant (installation of laundry, dry cleaning, laundry, clothing and footwear for repair and cleaning, shops for food, industrial goods, etc.);
(k) improving the care of women (especially pregnant women, mothers, lonely women with children), the young generation (youths, apprentices, young newlyweds), newly recruited workers, workers with altered working capacity, pensioners and, under the conditions of the organisation, other groups of workers;
(l) effective pooling of the resources of the organisation from the cultural and social needs fund and the resources of the basic organisation of the Revolutionary Trade Union Movement to improve working and living conditions working towards the building of common health, cultural, school, recreational facilities, competitive catering and to support the implementation of the National Front electoral programmes.
Creation and drawing up of a fund of cultural and social needs
16. In particular, the collective agreement shall include provisions on:
(a) the amount of the allocation to the fund of cultural and social needs above the minimum allocation in the relevant year;
(b) budgeting the resources of the fund of cultural and social needs of the organisation for each plant;
(c) the possibility of excluding workers with an undeclared absence and workers with disciplinary action from the benefits of the cultural and social needs fund.
17. The budget of the fund of cultural and social needs is part of the content of the collective agreement of the organisation and establishment.
Legal binding of collective agreements
18. The draft collective agreement must be discussed and approved by a meeting or conference of the delegates of the basic organisation ROH, otherwise the collective agreement is invalid. The same applies to the conclusion of amendments and additions to a collective agreement.
19. A collective agreement shall become a binding signature for both Contracting Parties by representatives of both Contracting Parties. Both parties are obliged to comply with it since then and to make any changes and additions only with mutual consent and in the prescribed manner.
20. The legal effectiveness of the obligations contained in the collective agreement shall begin on the first day of the period for which the collective agreement was concluded and end on the expiry of that period.
21. Provisions and obligations in collective agreements which are contrary to the law or the interests of the company shall be void.
22. Entitlements arising from collective agreements between individual workers shall be exercised and met as other claims by workers.
23. The management of an organisation which fails to fulfil its obligations under the collective agreement or which is responsible for delays in the implementation of the provisions and obligations contained in the collective agreement shall draw the attention of the racing committee to the deficiencies and request their removal. The Racing Committee may propose to the competent authorities, within the framework of the applicable rules, to apply appropriate measures to such workers, such as the withdrawal or reduction of premiums, the imposition of a disciplinary measure or the removal from office.
24. The head of organisation and establishment shall be obliged to monitor continuously how the managers fulfil the obligations arising from the collective agreement. It considers the alleged failure to comply with these obligations to be a violation of labour discipline and makes it a consequence.
25. Disputes arising between the race committee and the head of the organisation concerning the failure of the organisation to fulfil its obligations under the collective agreement shall be settled by the competent higher authority of the trade union in agreement with the authority of the superior organisation.
26. A collective agreement may agree on the consequences of non-compliance with the obligations of an organisation which does not give rise to claims on individual workers as well as the composition of the body which solves disputes arising from non-compliance with those obligations. The composition of this body shall, as a general rule, be such as to be predominantly representatives of the authorities of the superior organisation and of the competent higher authority of the trade union.
27. When checking the performance of a collective agreement, it is possible to agree on which replacement performance the organisation will provide in the absence of a non-fault default.
Annexes to the collective agreement
28. The collective agreement shall include annexes thereto. It consists of:
- changes and additions to the collective agreement,
- protocols for the public control of the implementation of the collective agreement, including commitments (measures) to address deficiencies, approved by the membership meeting or conference of delegates of the Revolutionary Trade Union Movement,
- other essential annexes as instructed by the competent central authority and the Central Committee of the Trade Union.
Registration and control of the implementation of collective agreements
29. The collective agreements concluded, their amendments and additions shall be registered by the authorities of the directly superior organisation and the competent higher bodies of the trade union, which shall also consult on the content of the draft collective agreements. The head of the organisation, the head of the race and the racing committee shall send the collective agreement to the register immediately after it has been signed.
30. The two Contracting Parties shall agree in a collective agreement on the way in which it is carried out in respect of:
(a) regular routine performance checks enabling the head of the organisation, the head of the race and the racing committee to monitor continuously the creation of assumptions for the consistent and timely implementation of all provisions and obligations contained in the collective agreement;
(b) ensuring half-yearly public control of the implementation of the collective agreement, with the participation of all workers, organised twice a year under the joint plan of the organisation measure. No later than 15 September of the current year, and until the end of February of the following year, the results and conclusions of the public inspection shall be discussed at the meetings or conferences of delegates of the basic organization of the Revolutionary Trade Union Movement and the results and conclusions of the half-yearly check shall be used to prepare and conclude a new collective agreement and to analyse the economic activity of the organisation.
Tasks of organisations, superior bodies and trade unions in the application of principles
31. The head of the organisation, the head of the race and the racing committee shall:
(a) familiarize workers with the proposals for a collective agreement, concentrate their comments from the workplace, discuss them at production meetings, trade unions, membership meetings of the basic organisations of the Revolutionary Trade Union Movement and apply them in improving the proposal for a new collective agreement;
b) ensure active participation of workers, economic workers, the functional asset of the Revolutionary Trade Union Movement, the Socialist Youth Union, the Czechoslovak Scientific and Technical Society in the public half-yearly control of the collective agreement. The evaluation shall be linked to the monitoring of the implementation of the plan, to the analysis of the organisation's activities and to the control of comprehensive work care programmes and to the use of them for further improvement of the activity;
(c) familiarise workers with the content, changes and additions of the collective agreement.
32. The bodies superior to the organisations shall, together with the competent authorities of the trade union, ensure in particular:
(a) assistance in the preparation and control of the implementation of collective agreements in organisations managed by them;
(b) a half-yearly evaluation of the results of the implementation of collective agreements, their forms and methods of work, together with an analysis of the organisation's economic activity per year, the exchange of experience between organisations managed by them and the adoption of measures to address any deficiencies.
33.
(a) adopt political and organisational measures to implement these principles in their sector, in particular with a view to providing methodological assistance in the preparation and control of the implementation of collective agreements in organisations managed by them and to verifying the results obtained;
(b) evaluate the results of a half-yearly public check on the implementation of collective agreements in October in the current year. By 15 April of the following year, it shall evaluate the implementation and effectiveness of these principles, including its own policy and organisational measures, with conclusions to address any shortcomings.
Final provisions
34. Interpretation of the provisions of these principles is carried out by the Central Council of Trade Unions with the Federal Ministry of Labour and Social Affairs.
35. The principles of the Government of the Czechoslovak Socialist Republic and of the Central Council of Trade Unions of 14 January 1971 No 3 / 1971 Coll.
36. These principles shall take effect on 1 January 1976. However, it is already valid for the preparation, conclusion and content of the 1976 collective agreements.
1) Paragraph 27 of Decree No 158 / 1970 Coll., on the regulation of wage developments and on the principles of labour remuneration, as amended by Decree No 165 / 1971 Coll.
2) Decree No. 159 / 1970 Coll., on the provision of remuneration for major work and life years.
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Regulation Information
| Citation | Principles of the Government of the Czechoslovak Socialist Republic and of the Central Council of Trade Unions for the conclusion, content and control of collective agreements, approved by the Government of the Czechoslovak Socialist Republic resolution 103 / 1975 Coll., for the conclusion, content and control of collective agreements, approved by the Government of the Czechoslovak Socialist Republic resolution of 10 July 1975 No 210 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.09.1975 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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