Decree No. 112 / 1975 Coll.
Decree of the Federal Ministry of Labour and Social Affairs adjusting certain details of the survey of average earnings
Valid
Effective from 01.01.1976
112
DECLARATION
Federal Ministry of Labour and Social Affairs
of 16 October 1975
adjusting certain details of the survey of average earnings
According to Article 275 (3) of the Labour Code as amended (full version No 55 / 1975 Coll.), the Federal Ministry of Labour and Social Affairs, after consulting the Federal Ministry of Finance and the Central Council of Trade Unions, provides:
Gross income
(1) In gross income, in addition to the types of wages referred to in § 31 (2) and (5) of the Decree of the Government of the Government of CSSR No. 54 / 1975 Coll., implementing the Labour Code (hereinafter referred to as the "Decree of the Government"), the following income of the worker is not included:
(a) compensation for wages paid to workers under labour law;
(b) sickness insurance benefits or other similar benefits, including maternity allowance, 1)
(c) remuneration paid under the provisions on discoveries, inventions, improvements and industrial designs, (2) however, remuneration for the development, testing or introduction of the discovery, invention, improvement or industrial design, as well as remuneration for warnings on the possibility of the use of the invention or improvement proposal already used in another organisation, (3)
(d) compensation for loss of earnings and, where appropriate, for retirement, compensation for pain, inconvenience of social application and damage in kind to workers in accidents at work and occupational diseases, 4)
(e) wage compensation and severance payments to workers released and transferred in the implementation of rationalisation and organisational measures and in the release and transfer of workers into mining, 5)
(f) allowances and refunds to be granted to staff recruited, with the exception of entry allowance, 6)
(g) reimbursement of travel, removal and other expenses, 7)
(h) compensation granted to workers for the use of their own passenger vehicles in external performance, 8)
(ch) compensation granted to workers for the use of a passenger car in external performance, 9)
i) Loyalty allowance for miners and their replacement, 10)
(j) compensation for the use of own tools, equipment and articles needed for the performance of the work, 11)
(k) study allowance, 12)
(l) financial compensation for non-recovered natural benefits, 13)
(m) remuneration for significant work and life-years. 14)
(2) The gross earnings of blind workers (15) do not include the income referred to in paragraph 1 and the types of wages referred to in paragraphs (a) to (d) of Article 31 (2) and (5) of the Government Regulation.
(3) The remuneration of the members of the rescue corps referred to in Article 31 (3) (b) of the Government Regulation only refers to the remuneration for the activity of rescue intervention. 16)
Days worked
(1) In order to assess whether the relevant period is extended (17) and to assess whether the likely earnings are used (18), a worker shall be considered to have worked on the day on which:
a) performed work according to the schedule of shifts, 19)
(b) have chosen a replacement leave, 20)
(c) he had an unexcused absence at work.
They shall not be taken into account in calendar months which are not included in the relevant period. 21)
(2) The average earnings of a worker who has his working hours spread out unevenly over each week or who has it spread out for less than five days a week, 22) shall be collected after working 70 days; until then, instead of the average earnings, the likely earnings are used.
Method of finding average earnings
The average earnings shall be determined on the basis of the method of accounting for working time and the state of computing in the organisation as the average hourly earnings, or as the average daily earnings, unless otherwise specified.
The average hourly (daily) earnings of the worker, including wages for overtime, are collected
(a) for workers remunerated by hourly wages, by dividing gross earnings by the number of working hours (days) corresponding to the fixed weekly working hours of the worker for the relevant period; this number is reduced by hours (days) of excused absence at work and missed for detention,
(b) for workers remunerated with a monthly salary, by adding to the proportion of the monthly basic salary per hour (day) the average of the other components of the salary determined in accordance with (a); when determining the proportion of the monthly basic wage, the monthly basic wage shall be based on an amount which would be payable to the worker in the month in which he is paid compensation if he worked throughout the month. If the worker has missed work without notice during the relevant period, it shall be treated as an hourly wage worker [point (a)],
(c) If the working time record does not allow for the detection of average hourly earnings, including overtime wages, in accordance with the provisions of the preceding paragraphs, the hourly average earnings may be determined by dividing the average daily earnings, including overtime wages (average of the other components of wages) by the average number of working hours corresponding to the fixed weekly working hours of the worker per working day.
When calculating the wage compensation for an obstacle to work less than one shift, the average hourly earnings without overtime shall be collected for workers remunerated by hourly wages. 23) In doing so, gross earnings shall be reduced by the overtime wage, including the allowance, and divided by the number of working hours corresponding to the weekly working schedule for the relevant period, minus the hours of waived work and missed for detention. If the performance achieved at the time of overtime cannot be determined separately from the performance achieved at the specified working time, the average hourly earnings without overtime wage shall be determined by dividing the gross earnings minus the overtime allowance by the number of hours worked during the relevant period plus the hours of undeclared absence at work.
(1) If the worker has been cleared for payment of the annual premium or annual remuneration (part of it) during the relevant period, if it is included in the gross earnings and is due for the calendar year immediately preceding the year in which they were cleared for payment, the average (average of that part) shall be determined separately by dividing by the number of hours (days) worked in the calendar year for which they are due. This average shall be added to the average determined in accordance with the previous provisions; in the case of workers remunerated by hourly wages, gross earnings shall be reduced by these annual premiums or annual remuneration (parts of them), in the case of workers remunerated by monthly wages, by such annual premiums or annual remuneration (parts of them) shall be reduced by the other components of the salary referred to in Article 4 (b).
(2) Where two such annual premiums or annual remuneration (parts of them) have been settled in the period of the applicable period extended pursuant to Article 32 (3) of the Government Regulation, the difference between the two annual premiums or annual remuneration (parts of them) and the number of hours worked (days) in the calendar years for which they are due shall be treated mutatis mutandis in accordance with paragraph 1.
The number of working hours (days) divided according to the previous provisions of gross earnings and, where applicable, other components of wages referred to in § 4 (b) or, where applicable, the annual premium or annual remuneration referred to in § 6 shall not be reduced by hours (days).
(a) replacement leave;
(b) an unexcused absence of work;
(c) holidays where the worker does not work because it is a holiday if his monthly salary is not reduced. 24)
(1) The average monthly earnings for the purpose of compensation shall be collected for workers remunerated by hourly wages by multiplying the average hourly (daily) earnings, including, where applicable, the overtime wage and the allowance for it by the average number of working hours (days) per month of the total number of working hours (days) per year. For workers remunerated by monthly salary, the average of the other components of the salary per month determined according to the previous sentence shall be added to the monthly basic wage.
(2) The average monthly net earnings shall be obtained from the gross average monthly earnings by deducting the wage tax at the rate applicable to the worker in the month in which the entitlement to compensation was established.
For the purpose of compensation for the salary of recovered transport and communications workers, 25) who are on leave in calendar days, the average earnings per calendar day shall be collected from the number of calendar days in the relevant period, reduced by days of excused absence at work and days missed by binding. The days to be counted in this way shall be reported on calendar days, regardless of how many days the remuneration has been paid; in so doing, it shall be treated in a similar manner as described in Section 7.
Applicable period
As in the case of employment, the relevant period shall be assessed if the worker:
(a) to change the method of remuneration when moving to mixed or share wages from another wage form and vice versa; or
(b) to transfer to another work in connection with the imposition of the penalty for corrective action or on its return after the end of the sentence (26); or
(c) to transfer to another work in connection with the imposition of or upon return from the prohibition of activity. 27)
Permanent change in basic wage
(1) A permanent change in the basic wage shall be regarded as a change in the basic wage for the purposes of determining the average earnings.
(a) within the specified margin of the relevant wage tariff;
(b) when changing the tariff class (function) and for workers when changing the personal (qualification) class;
(c) in connection with a change in the tariff scale, except where the change takes place in connection with a change in working hours, 28)
(d) where the percentage of the revenue obtained is changed for workers remunerated with a share wage, it shall be made up of a personal (qualification) class of the worker or of a class of work carried out by him for change.
(2) A permanent change in the basic salary shall also be regarded as
(a) the recognition, modification and withdrawal of the personal salary;
(b) a change in the basic salary in the cases referred to in § 37 (1) (a), (b), (c) and (e) of the Labour Code.
(3) As a permanent change in the basic salary, the agreed length of the weekly working time shall be adjusted by adjusting the amount of the other components of the salary settled in the relevant period according to the ratio of the length of the new and earlier working hours; This provision does not apply to changes in the length of the weekly working time referred to in point 1 of Decree No. 63 / 1968 Coll.
(4) A permanent change in the basic salary shall not be regarded as
(a) where the worker is remunerated temporarily with average earnings, 29)
(b) transfer of a worker to another job, if a supplement to the new salary is paid to the average earnings, 30)
(c) the transition from the task wage to the time and vice versa; and
(d) a change in the class of work carried out with workers.
Average earnings of apprentices
In determining the average earnings for apprentices, the adjustment for workers in employment with the following derogations shall apply:
(a) the average earnings of apprentices in the preparatory period shall be set at the proportion of the monthly remuneration awarded to the apprentice, which shall be assessed as the basic wage;
(b) the date on which the apprentice is transferred from the preparatory period to the period of professional development begins the new period of decision as in the case of employment; 31)
(c) a change in the percentage of earnings, 32) a change in the monthly remuneration within the range set by the apprentice at work in the period of professional development shall not be considered as a permanent change in the basic wage;
(d) when determining the average earnings in the period of professional development, account shall be taken of the number of days in which the apprentice took part in the relevant period.
Labour agreements
The average earnings of workers working under the employment agreement shall be ascertained for the purposes of compensation for damage (33) and, in the other cases agreed in the agreement, by analogy with the average earnings of employment workers; where the work is carried out on an irregular basis, the calculation of the average earnings shall be based on the number of calendar days in the relevant period.
Final provisions
_
(a) the return of the Federal Ministry of Labour and Social Affairs of 28 December 1972 on F V / 1-9999 / 72- 9211 (1858) providing for a derogation in the calculation of average earnings for employees of organisations in which the rationalisation of wage systems is applied (reg. 1 / 1973 Coll.),
b) Interpretation of the Ministry of Labour and Social Affairs of the Czech Socialist Republic and the Czech Health Insurance Administration on the calculation of average earnings for school staff (MŠK Bulletin, Journal 8 of 20 August 1970, year 1970, No. 19 384 / 70-4),
(c) derogations in the calculation of average earnings for certain staff in the field of education and health, listed in F V / 1-1751 / 71-9223 of 31.12.1971 (reg. 7 / 1972 Coll.).
The decree shall take effect on 1 January 1976.
Deputy Minister:
Ing. Tomášek v. r.
1) Act No. 54 / 1956 Coll., on occupational sickness insurance; Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on the allowance for children from sickness insurance, as amended by Act No. 99 / 1972 Coll., on the increase of child benefit and education allowance; Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance; Act No. 107 / 1971 Coll., on maternity allowance.
2) Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs.
3) Article 21 of Decree No. 106 / 1972 Coll., on the remuneration of discoveries, inventions, improvements and industrial designs.
4) Section 193 of the Labour Code.
5) Decree No. 74 / 1970 Coll., governing the release, placement and physical security of workers in connection with the implementation of rationalisation and organisational measures; Decree of 3 July 1970 F MPSV No F V / 1-662 / 70-1142 on measures to deepen the physical and social security of workers released and transferred to mining.
6) Article 5 of Decree No. 33 / 1974 Coll., on allowances and refunds to be granted to staff recruited by national committees.
7) Decree No. 96 / 1967 Coll., on Reimbursement of Travel, Moving and Other Expenditure; Directive F MPSV of 14 January 1972 No II / 1-126 / 72- 7501 on the implementation of certain provisions of Decree No 96 / 1967 Coll.; ministerial regulations.
8) Decree No. 41 / 1965 Coll., on the use of own personal vehicles by workers in external performance, as amended by Decree No. 34 / 1974 Coll.
9) Decree of the Ministry of Transport of 5 April 1965 No 14 757 / 65 on the use of passenger cars without an assigned driver by workers in external performance, as amended by Decree F MPSV of 30 March 1974 No II / 1-2669 / 74-7501.
10) Act No. 177 / 1968 Coll., on the loyalty of miners; F MPSV yield from 3.7.1970 - see note 5).
11) § 131 (b) of the Labour Code.
12) Article 12 of Decree No. 140 / 1968 Coll., on work allowances and economic security of students at work.
13) For example, Min. mining yield No 8 of 1 April 1967 on coal and wood in the coal industry.
14) Decree No. 159 / 1970 Coll., on the provision of remuneration for major work and life years.
15) Paragraph 31 (3) (a) of the Decree of the Government.
16) For example, the Decree of the Federal Ministry of Fuel and Energy of 28 September 1973 No 4 / 73 on the wage conditions of workers of the Mining Rescue Service.
17) Article 32 of the Government Decree.
18) Paragraph 33 (1) of the Decree.
19) Paragraph 87 (2) of the Labour Code.
20) Paragraph 64 (1) (c) of the Government Decree.
21) Paragraph 32 (6) of the Government Decree.
22) Sections 85 and 156 of the Labour Code.
(23) In the case of workers remunerated by monthly wages, wage compensation equal to the proportion of the basic monthly wage (Paragraph 31 (6) of the Government Regulation) shall be granted on obstacles of less than one shift.
24) Paragraph 64 (1) (d) of the Decree of the Government.
25) Paragraph 101 (5) of the Labour Code.
26) § 43 to 45 of the Criminal Act.
27) Sections 49 and 50 of the Criminal Act.
28) Decree No. 63 / 1968 Coll., on the principles for shortening weekly working time and for implementing operating and working arrangements with a five-day working week.
29) Provisions on the remuneration of workers in certain short-term tasks, etc.
30) Paragraph 115 (3) to (5) of the Labour Code.
31) Paragraph 32 (4) of the Decree.
32) Decree of the Ministry of Labour and Social Affairs of the Czech Socialist Republic No. 61 / 1969 Coll., on financial and material security of apprentices; Decree of the Ministry of Labour and Social Affairs of the Slovak Socialist Republic No. 67 / 1969 Coll., on the financial and material security of apprentices; Decree of the Ministry of Labour and Social Affairs of the Czech Socialist Republic No. 110 / 1970 Coll., on the financial and material security of apprentices in boarding school for young people requiring special care and in apprenticeship schools attended by apprentices from social care institutions for disabled young people; Decree of the Ministry of Labour and Social Affairs of the Slovak Socialist Republic No. 156 / 1970 Coll., on the financial and material security of apprentices in boarding school apprentices for young people requiring special care and in apprenticeship schools attended by apprentices from social care institutions for disabled young people.
33) § 235 of the Labour Code.
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Regulation Information
| Citation | Decree of the Federal Ministry of Labour and Social Affairs No. 112 / 1975 Coll., adjusting certain details of the survey of average earnings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.10.1975 |
|---|---|
| Effective from | 01.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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