Decree No. 113 / 1961 Coll.
Ordinance of the Central Council of Trade Unions on the Releasing of Workers from Employment to Function in the Revolutionary Trade Union Movement
Valid
Effective from 19.10.1961
113
DECLARATION
Central Trade Union Councils
of 8 August 1961
laying down directives on the release of workers from employment to serve in the Revolutionary Trade Union Movement
The mission of the Revolutionary Trade Union movement is to actively participate in the construction of an advanced socialist society, to help create conditions for a gradual transition to communist self-government. To meet these goals, the Revolutionary Trade Union Movement receives the widest possible participation of workers, helping them in political, professional and cultural growth, ensuring ever better conditions for their work and life.
The responsible and demanding tasks of the Revolutionary Trade Union Movement are carried out and organised by hundreds of thousands of voluntary officials of the elected bodies, their commissions and facilities in the factories, districts, counties and headquarters, mostly alongside their employment and after their working hours. However, the broad organisational and educational work of the trade union organisation, the seriousness of some tasks and the conditions for their implementation require workers to be released from work when necessary from the management of the establishments, offices and institutes to perform their duties in the Revolutionary Trade Union Movement.
In the interests of society and the improvement of the activity of trade unions and organisations, the Central Council of Trade Unions, within the meaning of Resolution IV of the General Union Congress and under Act No. 37 / 1959 Coll., on the status of the racing committees of the basic organizations of the Revolutionary Trade Union Movement, sets out the following uniform and universally applicable directives for the release of workers from work at their workplaces to perform their duties in the Revolutionary Trade Union Movement:
1. Functions in the Revolutionary Trade Union Movement are honorary and are carried out fundamentally outside of working hours.
2. Exceptionally, where the nature, urgency or scope of the tasks arising from the activities of the Revolutionary Trade Union Movement ("basic organisation ') or a higher trade union body so requires, the function may also be performed at working time. In such a case, the management of the plant shall release the officials from work at its place of work on the basis of a decision or initiative of the relevant trade union body which is binding on the management of the plant.
1. The management of the race will release the worker from working in his workplace to perform his duties in the Revolutionary Trade Union Movement:
(a) on an occasional basis, on a case-by-case basis, for the period strictly necessary by decision of the Revolutionary Trade Union Movement Committee or, where appropriate, by a racing confidant (hereinafter referred to as the "race committee") or by invitation or delegation of a higher trade union body;
(b) on a permanent basis, on pre-determined working days of the week or for the whole or part of the term of office, after approval by the Regional Trade Union Council. A permanent vacancy of a worker from work at his place of work is decided by the Regional Trade Union Council following the comments of the relevant Regional Trade Union Committee (where there is no Regional Trade Union Committee, Regional Trade Union Committee).
2. If the need for the performance of the tasks of the basic organisation in the administrative technical activity section so requires, the management of the plant shall, on an occasional or permanent basis, release the personnel required by the decision of the race committee.
3. The Racing Committee itself does not employ any own workers and all the vacant officials and workers remain in service to the plant and are in the registered number of factory workers. The management of the plant shall fulfil all obligations arising from the legislation on employment, sickness and pension insurance, etc.
Conditions for the release of trade union officials
1. When deciding on the release of officials from work at their workplace, trade unions are obliged to examine the real need and effectiveness of the release in terms of the urgency of the tasks, the scale and complexity of the trade union activity of the basic organisation and the organisational structure of the plant, taking into account the highest economy with both trade union and business resources. Any deficits in the budget of the basic organisation incurred by the cost of compensation for the salaries of permanently released officials shall not be reimbursed by the senior trade unions.
2. In deciding on the permanent release of an official, the trade unions base the principle that permanent release is absolutely exceptional.
3. The trade union authorities may give their consent under the following additional conditions to the permanent release of the functionalities of the basic organisation for all working hours:
(a) in basic organisations where the number of members of the Revolutionary Trade Union Movement exceeds 500, one official may be released. Where there is no need to release officials in such a basic organisation for the entire working time, the official may also be released for some, pre-determined working days of the week, repeated regularly throughout or part of the term of office;
(b) in basic organisations with a number of 2000 to 4000 members of the Revolutionary Trade Union Movement, two officials may be released and, for each additional 2000 members, another official may be released, but not more than nine officials may be released.
4. The vacated post-office officials will be assigned to an earlier post or post they held before the vacancy. If such inclusion is not possible because the post or functions have been cancelled in the meantime, they shall be assigned, with the agreement of the racing committee, to another post or function corresponding to their qualifications, knowledge and competences.
5. The permanent release of the functionaries of the basic organizations and cultural facilities of the Revolutionary Trade Union Movement shall carry out their function in the plant or establishment and, as appropriate, shall carry out the tasks assigned to them by the higher trade union body. In such terms of reference, these officials shall be paid by the higher trade union, fare, bed and diets associated with the task they have been entrusted with under the "Guidelines of the Central Council of Trade Unions on Replacement of Travel, Moving and Other Expenditure for Officials and ROH Workers." The mutual refund of compensation for the duration of such delegation shall not be made between trade unions.
6. In multi-shift races, where more than one member of the basic organisation is released, the officials perform their functions according to the shifts.
Conditions for permanent release of workers for administrative technical work
1. Where the scope of the activity of the race committee so requires, administrative technical work may be made available to the race committee of the race worker on a permanent basis either for predetermined working days of the week or for the entire working hours.
2. Permanent release for part of the working time, i.e. predetermined days of the week, can take place only in basic organisations where there are more than 500 members of the Revolutionary Trade Union Movement. An administrative worker in basic organisations with more than 1500 members may be permanently released for all working hours. In basic organisations where the number of members exceeds 1500, additional staff may be permanently made available for administrative technical work so that four permanent officials are employed by one administrative officer.
Reimbursement of wages on occasional release
1. Workers who have been occasionally made redundant to carry out tasks arising from their trade-union function in the basic organisation, to participate in meetings of assets held and outside the establishment, training, conferences and meetings or to carry out certain administrative technical work shall provide compensation for the loss of wages of the management of the plant at the same rate as other obstacles to work. In the case of occasional release for a continuous period of more than one month, the management of the establishment shall provide them with compensation for the salary fixed in the same way as for permanent release.
2. The trade union body on whose initiative the worker has been occasionally released shall pay the compensation paid to that worker by the management of the establishment, including the salary tax and the relevant amount of sickness insurance insurance. The obligation to pay such compensation against the undertaking shall be waived where specific rules so provide or where the worker made redundant himself or his co-workers replace the work missed without increasing the personnel costs; for the functionaries of the basic organisation, the compensation obligation shall also be waived when it is an activity directly related to the tasks of the plant.
Reimbursement of wages on permanent release
1. The permanent vacancy of the officials of the racing and workshop committees shall be paid a salary equivalent to that which they would earn in working at their workplace, up to a maximum of 2500 CZK gross monthly earnings. This revenue shall mean, for workers with variable earnings, the average monthly earnings achieved in the last 12 months before the release for regular working hours.
If, for part of that period, an official has not worked for an important obstacle to work not caused by him (illness, injury, pregnancy, military service, etc.), no account shall be taken of when calculating the average earnings for that period. If there has been a permanent change in the basic wage for an official during the last 12 months, it shall be taken as the basis for calculating the remuneration of the earnings achieved since that change.
2. If, during the term of office, a new wage system has been introduced in a plant or otherwise substantially changed, the amount of compensation shall be determined in such a way as to correspond to the average earnings of the same qualified staff at the former place of employment of a permanently released official since the new wage system came into force or the implementation of another fundamental change.
3. If a permanently released official has been re-elected and released for the performance of his duties, the basis for calculating the compensation shall be the average earnings achieved by the same qualified staff at his former place of work in the 12 months preceding the new term of office.
4. For permanent release only for certain days of the week, a proportion of the remuneration determined in accordance with the principles set out above shall be granted to the vacated official.
5. If it is necessary for a vacated official to be represented at the time of his illness, maternity leave, military service, etc., by another official to be subsequently released for that purpose, he shall be compensated in a similar manner.
6. If the vacated official was entitled to severance, accommodation and similar compensation before his release from the plant, he shall also be provided by the racing committee for the duration of his release, provided that the conditions for their payment remain. The race committee shall also provide the vacancy officer with compensation for the professional wage of military service if it occurs at the time of release.
7. Workers who have been permanently released for administrative technical work of the basic organisation shall set the level of compensation for the salary of the race committee in such a way as to correspond to the wage set for such work in the wage regulations applicable to the plant.
Payment of remuneration for permanent release
1. Reimbursement of wages to permanently released officials and permanent workers for administrative technical work of the basic organisation shall be paid by the race committee after the wage tax has been deducted from its own funds. The amount of tax deducted on wages as well as insurance sickness insurance shall be paid by the race committee to the management of the plant, which shall ensure the necessary settlement with the national committee and with the management of sickness insurance. Any sickness insurance benefits shall also be paid to these vacant officials and workers by the race committee, by sickness insurance means, and the management of sickness insurance shall be cleared by the plant.
2. The race committee shall make the payments referred to in the preceding paragraph on the basis of a special bill of payment drawn up for these workers by the race, on payment dates in the usual establishment.
Mobilisation of workers for the activities of cultural and recreational facilities and for pioneering camps of the Revolutionary Trade Union Movement
1. For the activities of cultural facilities, permanent or temporary officials or administrative and technical staff may be released for certain functions. On a proposal from a member meeting or conference of the basic organisation governing the cultural establishment, the district trade union council shall decide on the release of staff for the performance of their duties in cultural establishments, after having expressed the relevant regional committee of the trade union (where there is no district committee, regional committee of the trade union). The release of cultural workers managed by the higher trade unions shall be decided by the competent higher trade union body in accordance with the separate directives.
2. The number of permanent redundancies for cultural facilities shall be determined by their capacity, scope of activity and the financial possibilities of the economic and trade union organisations involved. The manner in which workers are made redundant, their working and pay conditions shall be governed by the Specific Directives of the Central Council of the Trade Unions on the working and pay conditions of workers made redundant for work in the cultural establishments of ROH.
3. Exceptionally, for recreational establishments and pioneering camps, workers may be released within the meaning of this Decree and under the instructions of the Central Council of Trade Unions for the organisation of cultural and sporting activities in recreational resorts and for educational, sports or operational work in pioneer camps. The number of vacancies in these establishments and the length of their vacancy shall be decided by the regional trade union council on a proposal from a member meeting or conference of the basic organisation, after observations by the relevant regional trade union committee (where there is no regional committee, the regional trade union committee). In principle, only those workers who have experience in working with children and who work actively in children's cultural facilities are released into the pioneer camps.
4. The race committees shall refund the management of the race's wages (lost earnings, calculated from the annual average wage achieved) paid by the race, including the wage tax and the corresponding amount of sickness insurance, to workers released from the races to organise cultural and social life in recreational establishments and in pioneering camps. No additional remuneration shall be paid to these workers. The obligation to make this refund (refund) shall cease when the vacated official himself or his co-workers replace the missed work without increasing the personnel costs. For other personnel designated by the plant management to ensure the operation of these facilities, such as the administrator, the guard, etc., the undertakings are governed by the Order of the Central Council of Trade Unions and the Ministry of Finance No. 122 / 1960 Coll., on the provision of funds and on the reimbursement of the costs of the activities of the basic organizations of the Revolutionary Trade Union Movement in the organizations of the state socialist sector.
5. The payment of compensation for salaries to permanently released workers for activities in cultural and recreational facilities and pioneering camps shall be carried out in accordance with Article VII of this Decree.
6. Workers who have been made redundant for the performance of their duties in cultural establishments or exceptionally released for work in recreational establishments and pioneer camps shall remain in or be incorporated into the registered number of employees of the plant for a transitional period.
Final provisions
1. Decree No 315 / 1953 of the Ú. l., on the performance of a member of the race board in working time and the reimbursement of wages lost, is hereby repealed.
2. This decree shall take effect on the day of its publication.
Chairman:
Zupka v. r.
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Regulation Information
| Citation | Decree of the Central Council of Trade Unions No. 113 / 1961 Coll., which publishes directives on the release of workers from employment to serve in the Revolutionary Trade Union Movement |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.10.1961 |
|---|---|
| Effective from | 19.10.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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