Government Decree No. 115 / 1950 Coll.
Regulation on work and pay ratios and the pension security of former pragmatic staff taken over by national or municipal undertakings
Valid
Effective from 01.04.1950
115.
Government Regulation
of 11 July 1950
on employment and pay ratios and the pension security of former pragmatic staff recruited into the service of national or local enterprises.
The Government of the Czechoslovak Republic hereby orders the President of the Republic, pursuant to § 25 of Decree No. 100 / 1945 Coll., on the nationalisation of mines and certain industrial enterprises, as amended by the regulations amending it, under § 17 of Act No. 121 / 1948 Coll., on the nationalisation in construction, and under § 23 of Act No. 199 / 1948 Coll., on municipal enterprises:
Scope of validity.
The provisions of this Regulation shall apply to staff members:
(a) national undertakings established under the Decree on the nationalisation of mines and certain industrial enterprises or under the Act on nationalisation in construction, following the case of national undertakings to which the provisions of Section 25 of Decree No. 100 / 1945 Coll., as amended by the Act amending it, apply directly or mutatis mutandis; or
(b) municipal undertakings established under the Act on municipal undertakings;
who have become their employees as a result of the setting-up of such undertakings and have until that time been in a pragmatic or other regulated service relationship (hereinafter referred to as "employees').
Work and wage ratios.
(1) The employment and wage ratios of employees are governed by the rules applicable to them until 31 March 1950 until they became employees of a national or community enterprise.
(2) On 1 April 1950, the employment and wage ratios of employees shall be governed by the rules applicable to other employees of national or municipal undertakings.
(3) Where the employment rights of an employee depend on the duration of the employment, the duration of a pragmatic or other regulated service shall be counted as the period of employment.
(1) Employees who on 31 March 1950 were entitled to higher service income than their salary pursuant to Paragraph 2 (2) shall receive a compensatory allowance equal to and above their net wage, provided that their net wage does not exceed the service income due to them on 31 March 1950.
(2) The compensation allowance referred to in paragraph 1 shall be payable without a time limit to staff members whose service income did not exceed the amount of CZK 3.500 per month on 31 March 1950. A compensation allowance of the amount laid down in paragraph 1 shall be payable to staff members who have received higher service income on that date no later than 31 March 1951; After that date, they shall be entitled only if their salary does not exceed the sum of CZK 3,500 per month and only up to that amount.
(3) When determining the compensatory allowance referred to in the preceding paragraphs, gross income shall be calculated after deduction of payroll and insurance tax under the national insurance rules. The amount thus calculated shall be increased by the amount corresponding to the national insurance premiums payable to the employee and to the payroll tax.
(4) The Ministry of Labour and Social Welfare shall determine in an agreement with the Ministry of Finance, in accordance with the principles applicable to employees covered by Act No. 66 / 1950 Coll., on the employment and pay ratios of civil servants, which are responsible for the calculation of the compensation allowance referred to in paragraphs 1 and 2, and to what extent and how the employer will balance the difference between the amount of the family allowance provided for in Act No. 90 / 1949 Coll., on family allowances, as amended by the regulations governing or supplementing it, and the amount of the amount of the education allowance provided for in the existing rules and the special allowance provided for in Act No. 159 / 1945 Coll., on the special allowance of civil servants and certain other public servants, as well as the beneficiaries of the State repayable salaries, as amended by Act No. 69 / 1947 Coll.
Current salary requirements.
Staff members' salary claims for the period up to 31 March 1950 shall be deemed to have been met by the amounts paid to them under the applicable rules (applicable) until they became employees of a national or local enterprise. Where staff members have been paid more than they were entitled to under the provisions of Paragraph 2 (1) under the relevant wage arrangements applicable to other employees of national or municipal undertakings, they may not be required to repay such overpayments.
Income of staff absent from work.
(1) Entitlement to work income in the absence of work for sickness (accident) or for pregnancy (maternity) shall be assessed by the first day of the month following the publication of this Regulation in accordance with the rules in force before its effect. However, the total duration of entitlement to work income may not exceed the period during which the service income was due under the rules laid down in the preceding sentence.
(2 The employer shall be entitled to account for the amounts paid at that time to the staff member, in addition to the occupational income of the cash benefits of the national sickness insurance.
National insurance.
Basic provisions.
(1) Pension security of employees is governed by existing regulations until 31 March 1950. Since 1 April 1950, staff members have been involved in national pension insurance.
(2) If there is an idea of benefits after 31 March 1950, the entitlements of employees, their family members and survivors under the national pension scheme with derogations shall be assessed.
Retirement.
(1) An old-age (invalidity) pension belonging to a national insurance employee shall be increased by the amount by which the rest of the salary would be paid without the educational and special allowance from the state pension provision, calculated in accordance with § 6, 8 and 9 on the same day, if it were transferred to the service on 31 March 1950. Paragraph 71 (8) of the National Insurance Act applies mutatis mutandis.
(2) The income from national insurance for the survivors of the staff member shall be increased by half the increase referred to in paragraph 1.
(3) The entitlement to an increase referred to in paragraphs 1 and 2 is also subject to the staff member leaving the employer's services referred to in Article 1 before the pension scheme.
(4) The entitlement to an increase referred to in paragraphs 1 and 2 shall not apply if the staff member is sentenced to the loss of civil rights or if his employment has been cancelled because he has committed such an act that he cannot be considered to be of a statewide reliability.
Time attributable.
(1) For the establishment and amount of the entitlements referred to in Article 6, the period of national pension insurance shall be considered as:
(a) the allowance period (counted) for an area of resting (provision) salaries; and
(b) other periods completed in national (public) pension insurance.
The periods covered only count once.
(2) The period during which the resting (provision) salaries from the state pension provision have been paid shall be considered as a replacement period under Section 61 (2) (e) of the National Insurance Act.
Measurement basis.
(1) For the annual average of the assessment bases provided for in Section 71 (5) of the National Insurance Act, for the period from 1 January 1946 to 31 March 1950, regular service (work) revenues shall be calculated, including an advance on the salary adjustment if the employee belonged (Section 4). In doing so, no account shall be taken of amounts exceeding CZK 120.000 per year.
(2) Regular service (work) revenue within the meaning of paragraph 1 shall mean revenue determined in accordance with Paragraph 3 (4) and, where appropriate, in kind revenue.
Lowest area of retirement.
(1) The old-age (invalidity) pension, including the increase provided for in Article 7, must not be lower than the rest pay (without the educational and special allowance) to which the staff member would have been entitled if he were transferred to retirement on 31 March 1950.
(2) The sum of the survivors' pensions may not be lower than the sum of the similar provision salaries they would have had had the staff member died on 31 March 1950.
Validity of existing measures.
(1) If, in the period before 1 April 1950, staff members were to carry out national (public social) insurance in respect of sickness insurance benefits or in respect of insurance premiums at all, other than those resulting from the previous provisions, this situation is maintained. This also applies to the implementation of the Family Benefits Act.
(2) A staff member who was granted an old-age (invalidity) national insurance pension before 1 April 1950 may, until 30 June 1951, be required to receive this pension at the rate and as a rest allowance from a public pension scheme to which he would be entitled under this Regulation. Amounts already paid shall be settled in respect of pensions awarded under the provisions of this Regulation.
(3) The provisions of paragraph 2 apply mutatis mutandis to benefits for survivors.
The measures taken pursuant to the current rules on state (public) pension arrangements from the date of entry into force until the date of publication of this Regulation in the cases covered by the Regulation remain unaffected. However, the central national insurance undertaking may, by 30 June 1951, review the measures referred to in the previous sentence in accordance with the national insurance rules and re-decide.
Notification obligation.
(1) The authorities responsible for the matters of state pension (pension) provision of persons referred to in Article 1 shall immediately inform the Central National Insurance Corporation or its Territorial Organisational Component and Employees, and, if the idea of retirement is reached before that date, the circumstances applicable to the award and assessment of benefits of employees and their survivors, in particular the deductible period of service, the amount of the service income applicable pursuant to Article 9 and the amount of the retirement (provision) salary to which the staff member would be entitled on 31 March 1950.
(2) The details are set out by the Ministry of Labour and Social Welfare in an agreement with the Ministry of Finance.
Final provisions.
The Ministry of Labour and Social Welfare may, in agreement with the participating central authorities and after hearing the Single Trade Union Organisation, issue more detailed provisions on the details of the implementation of this Regulation, as well as take measures to eliminate the difficulties or irregularities that would arise in its implementation.
This Regulation shall enter into force on 1 April 1950. they shall be carried out by the Minister for Labour and Social Welfare in agreement with participating members of the Government.
Zaporocký v. r.
Erban v. r.
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Regulation Information
| Citation | Government Decree No. 115 / 1950 Coll., on employment and pay ratios and the pension security of former pragmatic employees taken over by national or municipal enterprises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.08.1950 |
|---|---|
| Effective from | 01.04.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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