Principles 119 / 1985 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
Valid
119
PRINCIPLES
Governments of the Czechoslovak Socialist Republic and the Central Council of Trade Unions for the conclusion, content and control of collective agreements
Collective agreements are an important political, social and legal instrument and an important form of participation by workers in ensuring the planned economic and social development of organisations and in protecting the legitimate interests of workers. They adjust the relationship between the collective workers represented by the Revolutionary Union Movement and the leaders. They set out binding concrete measures and commitments to fulfil the planned tasks, to apply socialist principles to pay for work, to improve the working, health, social and cultural conditions of workers and to develop educational and educational activities. They contribute to the deepening of socialist democracy, the consolidation of the rule of law, conscious labour discipline and mutual cooperative 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 ensure a consistent procedure for the preparation, conclusion and control of collective agreements under Section 20 (6) of the Labour Code:
Conclusion of collective agreements
1. Collective agreements shall be concluded in all state economic, budgetary, contribution, other socialist organisations, with the exception of single agricultural cooperatives and production cooperatives. Collective agreements may be concluded in social organisations and their facilities under the agreement of the ROH Racing Committee with the management of the organisation.
2. A collective agreement is concluded between the collective staff and the organisation. 1) It shall be concluded on behalf of the staff by a race committee, a business committee or a local committee, a university trade union board, a school-wide, a constitutional committee of the Revolutionary Trade Union Movement, or another relevant trade union body (hereinafter referred to as the "racing committee ') and its head of organisation. Collective contracts of organisations (enterprises) shall be concluded for a period of one year. In cases where there are conditions, a collective agreement of an organisation may be concluded for a longer period, usually for five years; its content shall be specified annually in addition to the collective agreement.
3. In organisations internally divided into races, the racing committee (s) shall conclude, on behalf of the staff of the establishment and / or the head of the establishment, a collective agreement on behalf of the race organisation, which shall be a core part of the collective agreement system; include commitments concerning separate operations. The provisions and obligations of the collective agreement of the organisation shall apply to the plant and its staff, unless the collective race agreement provides otherwise in accordance with these principles. Racing collective agreements shall be concluded for a period of one year.
4. In production units - industry companies, companies, trusts (hereinafter referred to as "VHJ ') - the branch collective agreement is concluded on behalf of VHJ workers by the branch committee of the Revolutionary Trade Union Movement and by its CEO on behalf of VHJ. The provisions and obligations of the collective agreement shall apply to organisations, establishments and their workers, unless their collective agreements provide otherwise in accordance with these principles. The sectoral collective agreements are generally concluded for a period of five years and are updated annually.
5. Collective agreements between organisations and establishments shall be prepared in parallel with the draft plan and approved at the same time as the validation of the economic plan by 15 February at the latest in the year in which they enter into force. The sectoral collective agreements shall be prepared in parallel with the draft five-year plan and shall be approved at the same time as its confirmation.
6. If significant changes occur in the organisation's or VHJ's activities or other essential circumstances, e.g. when the plan is amended, the necessary amendments and additions to the collective agreement shall be made at the time of its validity in the form of a supplement.
7. Collective contract, its changes and accessories are concluded in writing.
8. Only specific and controllable obligations and provisions which must be timed and laid down in a collective agreement shall be included in the contract.
Content of collective agreements
A. Content focus of sectoral collective agreements
9. The sectoral collective agreement, in accordance with the VHJ Statute, shall contain, under specific conditions and needs, the commitments of both Parties expressing a targeted programme approach to the security of the planned tasks, material participation, care for workers, educational and educational activities, including the creation and use of a fund of cultural and social needs, in particular:
(a) ensuring the main tasks of the planned development of the VHU, the rules of material interest for accommodating planning, the guidelines for the development of the labour and creative initiative and the way in which the economic results achieved by the VHJ are controlled;
(b) implementing desirable changes in the structure of production, improving labour productivity, efficiency and quality, ensuring the tasks of state target technical development programmes by reducing material and production performance and increasing the technical and economic level of products;
(c) the creation of conditions for the implementation of programmes for the development of the movement of inventors and enhancers, including the introduction and extension of progressive methods of work and the desirable use of thematic planning within the VHJ;
(d) the method of allocating the economic result of the VHU, in particular the rules on the creation and distribution of funds to the VHU funds and subordinate organisations, and the allocation of social development funds under the VHJ;
(e) the application of the rules governing the adjustment of wage resources within the VHJ and the wage plan, including the check of compliance, penalties for non-bone labour and infringements of contractual obligations;
(f) the allocation of the total amount of wage resources resulting from their standard or limit to organisations differentiated according to the progressivity of the plan and the results of their activities; establishing the average wage for VHJ and organisations;
(g) ensuring the main remuneration tasks following the five-year wage programmes and the programme to increase the economic efficiency of the wage system, in particular the setting-up of the timing, forms, methods and conditions of implementation for lower levels of management;
(h) the implementation of the main substantive tasks, own intentions and needs of the five-year work rationalisation and normalisation plan, including the promotion of objective standards of all kinds, taking into account the specific conditions of the field and subordinate organisational units;
(i) the VHJ measures to ensure the tasks contained in the staff and social development plans and the measures of trade unions to support their performance and, where appropriate, beyond their tasks resulting from urgent needs or the implementation of which at the VHJ level have created assumptions, including the expression of forms of assistance to subordinate organisations, such as commitments for the construction and reconstruction of recreational, rehabilitation and other professional facilities;
(j) developing the professional qualifications of workers, in particular workers, women, young workers, training and retraining of workers released from inefficient production. Creating conditions for the professional and political training of young people for working-class professions in secondary vocational schools and its successful adaptation in the production process. Enhancing the ideal, political and cultural level of workers, in particular by creating material conditions for the development of cultural education, physical and industrial education for the purpose of taking advantage of the leisure time of workers and their family members;
(k) the application of the rules for the creation and distribution of resources of the Fund of Cultural and Social Needs to meet the indicators laid down for the VHJ and the principles for their reduction and the rules for the allocation of resources of the sectoral Fund of Cultural and Social Needs to subordinate organisations. (The budget of the sectoral fund of cultural and social needs for each year is part of the sectoral collective agreement.)
B. Content focus of collective agreements of organisations and racing collective agreements
Security of planned tasks
10. The collective agreement generally contains a brief description of the main tasks of the plan and the method of allocating the economic result (means). In order to fulfil the tasks of the plan or budgets (3), the collective agreement shall contain specific commitments from the organisation and staff, in particular aimed at:
(a) ensuring the uniform performance of the tasks of the plan, in particular by detecting and using reserves in sources of labour productivity growth and streamlining the production process, improving the management and organisation of work in all internal services, including pre-production stages, the gradual application of temporary forms of organisation of work and the remuneration of working groups and the use of friendly planning already in preparation for the next year;
(b) the application of new technology and technology and the accelerated introduction of results of scientific and technical progress into production by means of reconstruction, modernisation, automation, robotisation, mechanisation and innovation of production and the optimum use of means of production, in particular by increasing exchange rates;
(c) ensuring the planned quality of production, development and quality of services, in particular the increase in the share of high-end products, the expansion and replacement of the product range in order to meet the planned supply to the internal market, exports, investment construction and supplies to other customers, a stronger increase in the utility performance of products, a reduction in the share of costs per suckler and complaint;
(d) the creation of all-round conditions for the efficient use and appreciation of fuels and energy, raw materials and materials, in particular by reducing their standard consumption, by detecting and using additional reserves in order to produce the desired production from saved sources;
(e) creating conditions for the development of intra-corporate competition, improving the content and organisation of production (operational) meetings, more effective popularisation and exploitation of results and experience achieved by all forms of the work initiative, including inter-national socialist competition;
(f) implementing and monitoring the implementation of comprehensive socialist rationalisation programmes, further development of comprehensive rationalisation brigades, other effective forms of technical creative initiative, advanced methods of work, including deepening and creating conditions for their efficient use;
(g) the provision of the tasks of the science and technology development plan, the national target programmes, the thematic tasks plan and the measures for the planned development of the inventor and improvement movement, the improvement of work in pre-production stages and other forms of participation of workers in scientific and technological development;
(h) better use and deployment of workers, strengthening of labour and technological discipline, full and efficient use of the working time fund, reducing absences and unwanted fluctuations, ensuring the protection of property in socialist ownership.
Material interests
11. In accordance with wage and other legislation, following the wage programme of a superior body and organisation and the programme of increasing the economic efficiency of the wage system, the collective agreement shall contain commitments and provisions aimed primarily at:
(a) the determination of the planned volume of wage resources corresponding to the standard or limit, depending on the indicators laid down, its breakdown into premiums, remuneration (fund of the manager, for socialist competition, for the working and life-expectancy), the share of economic results, the relationship between the increase in labour productivity and the average wage total and its breakdown into establishments, departments and categories of workers;
(b) the intensification of wage differentiation between professions and functions and individual workers according to their demonstrable contribution to the performance of the organisation's critical tasks, in particular in improving the efficiency and quality of work, the quality of products and services, the performance of technical development tasks in the interests of sustainable growth in labour productivity and the achievement of all-round saving of living and stale work, and in other respects;
(c) improving the economic efficiency of wage forms in order to enhance their incentive to perform critical tasks of the organisation;
(d) measures aimed at reducing overtime and reducing the night work of women;
(e) ensuring specific tasks in the targeted development of rationalisation and standardisation of work, in particular in improving the normative base, leading to the ever-increasing application of technically justified performance standards in production, expanding the normative base for auxiliary and service work and reducing administrative workload in order to reduce the standard number of management and administrative apparatus;
(f) the procedure for codecision of the Revolutionary Trade Union Movement Committee on the application of labour consumption standards and for the development of all standards which are not established on the basis of approved standards;
(g) creating the necessary economic and political organisational assumptions for the application of a new tariff system for the remuneration of workers and technical operators;
(h) a continuous assessment of wage developments, wage differentiation and efficiency of temporary forms of organisation of work and remuneration, control of the effectiveness of the new wage system, compliance with wage regulations, including measures to address identified deficiencies;
(i) arrangements for exceeding wage resources and limiting wage payments in the organisation;
(j) information where the staff of the organisation may consult all wage regulations used in the organisation.
12. According to authorisation in wage or other legislation, collective agreement:
(a) lay down rules on the granting of shares in economic results, or the method of allocating funds to shares in intra-corporate units according to their contribution to the overall results of work and management;
(b) lay down the procedure and detailed conditions for the granting of remuneration for major work and life-annuals4) and for determining their amount to individual workers;
(c) may lay down certain wage conditions, such as the amount of bonuses, preferences, etc.
Workers care
13. The collective agreement contains substantive measures to implement the annual social development plan and economic leadership commitments to improve working, health, social, cultural and other living conditions, to meet standards of social security, or other commitments of the organisation and the working groups to improve the quality of care for workers who have not been included in the plan and for whom assumptions have been made.
The collective agreement shall provide for commitments relating in particular to:
(a) improving the working environment, safety and health at work and the joint action of economic and trade unions to continuously reduce occupational injury and occupational diseases, commitments to the consistent use of three-stage control, to ensure public labour safety clearance, to continuously educate and train workers for safe and healthy work, to the cost-effective use of personal protective equipment and to reduce physically and mentally excessively burdensome, monotony and unskilled work, in particular to reduce the number of women handling burdens above the permissible weight;
(b) improving health care, including preventive medical examinations, the provision of spa care and the creation of conditions for the employment of workers with altered working capacity;
(c) the method of ensuring the provision of food for all workers and the amount of the contribution from the Fund of Cultural and Social Needs to one main meal of workers in I, II and III, and former staff (pensioners), the form of social control of the trade unions over the competitive diet, including the procedure for applying conclusions in the identified deficiencies, and other commitments to improve the environment and rationalise the work and expenditure of food establishments and to educate workers for rational nutrition and to apply proper dietary arrangements;
(d) the way in which workers are selected for the housing list, the commitments to provide financial, professional and technical assistance to workers for individual and cooperative housing construction, improvement of maintenance of the housing fund;
(e) the use of farm recreational facilities, including the determination of the length of the recreational period and their use for ROH pioneer camps, the method of expanding and improving the recreational base, including ROH pioneer camps;
(f) improving living conditions in particular for working women, transport to and from employment, services of all kinds and common measures to effectively protect the environment in support of national front electoral programmes;
(g) the creation of universal conditions for the development of cultural and sporting activities, the efficient use of leisure time for workers, in particular youth, and the formation of a socialist way of life;
(h) the provision of individual and group social work, including the care of pensioners, and the creation of staff assumptions for this activity;
(i) improving the working and environmental environment in the framework of the "trade unionists to their factories and the Republic" event;
(j) the continuous 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 in the field of labour law, social legislation and, where appropriate, civil legislation.
Education and training activities
14. In order to increase the professional, political and cultural level of workers, the collective agreement contains economic management commitments to meet the personnel development plan and measures for this plan and other commitments aimed primarily at:
(a) improving the professional qualifications of workers, in particular workers, women and young workers in the form of training, retraining, acquiring more professions, learning creative thinking and new methods of work, broadcasting to various types of ministerial and state schools, including post-graduate studies, in line with the needs of the organisation, the full use of the acquired qualifications of workers with particular attention to creating conditions for the adaptation of graduates of secondary vocational schools, secondary and higher education institutions in the work process;
(b) ensuring the ideological, political and economic education of workers, in particular young workers, the consolidation of socialist morality, labour and technological discipline, the development of schools of socialist work, technological and economic propaganda, personal and graphic agitation;
(c) the creation of organisational, cadre and material conditions for the development of cultural, sporting and physical activities of leisure workers, including their family members in racing clubs, red corners, gym and other facilities.
Creation and drawing up of a fund of cultural and social needs
15. In order to make effective use of the funds of the Fund for Cultural and Social Needs, it shall, in accordance with the legislation:
(a) the collective agreement of the organisation shall in particular:
- the amount of the allocation to the fund of cultural and social needs of the organisation,
- conditions for additional allocation to the cultural and social needs fund,
- principles for the allocation and use of supplementary allocation resources for establishments,
- the amount of FKSP funds allocated to the joint actions for which the Fund is intended;
(b) a collective race contract in particular:
- basic and, where appropriate, uniform allocation to the fund of cultural and social needs of the plant,
- the percentage of use of FKSP funds for political, cultural and educational activities for the PRO ROH,
- the conditions for granting the additional allocation,
- the amount of funds to be allocated to the association for actions that can and are effective in financing from the FKSP within the undertaking and, where appropriate, with other organisations at the site of the plant.
16. The budget of the fund of cultural and social needs is part of a collective agreement.
Legal binding of collective agreements
17. The draft collective agreement must be discussed and approved by the ROH trade conference, the draft collective agreement of an organisation or a collective race agreement by the member meeting (s) of the Revolutionary Trade Union Movement organisation, otherwise the collective agreement is invalid. The same applies to the conclusion of amendments and additions to a collective agreement.
18. The 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.
19. 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.
20. Provisions and obligations in collective agreements which are contrary to the law or the interests of the company shall be void.
21. Entitlements resulting from collective agreements for individual workers shall be applied and met as other claims of workers from employment.
22. Leaders of an organisation who fail to fulfil their obligations under a collective agreement or cause delays in the implementation of the provisions and obligations contained in a 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, in the framework of the applicable rules, to apply appropriate measures to such workers, such as the withdrawal or reduction of premiums, remuneration, shares, the imposition of disciplinary measures or the withdrawal of office.
They are responsible for fulfilling the commitments made by the trade union authorities under the Statute of the Revolutionary Trade Union Movement.
23. The Director-General of the VHJ, the head of the organisation, of the plant, shall monitor continuously how the managers and other staff referred to in the collective agreement fulfil their obligations under this Treaty. It considers the alleged failure to comply with these obligations to be a violation of labour discipline and makes it a consequence. The evaluation of the performance of individual managers and the material valuation of their work shall also take into account how they fulfil the collective agreement obligations for which they are responsible.
24. Disputes arising between the competent trade union body and the management of the VHJ, the management of the organisation or establishment and concerning the failure of the organisation to fulfil its obligations under the collective agreement shall be settled by the competent higher economic authority, the superior of the VHJ or the organisation in agreement with the higher authority of the trade union.
25. A collective agreement may agree on the consequences of non-compliance with commitments which do not give rise to individual workers' rights and 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 represent mainly the authorities of the superior organisations and the competent higher authority of the trade union.
26. When checking the performance of a collective agreement, it is possible to agree on which replacement performance the organisation will provide in the event of non-compliance.
Annexes to the collective agreement
27. Each 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 a collective agreement, including commitments (measures) to address deficiencies,
- other essential annexes as instructed by the competent central authority and the competent trade union committee.
Registration and control of the implementation of collective agreements
28. The collective agreements concluded by the organisations, their amendments and additions shall be registered by the authorities directly to them and by the competent authorities of the trade union. 5) The management of the organisation, together with the relevant trade union body, shall register racing collective agreements, their amendments and additions. Trade union collective agreements, their amendments and additions shall be registered by the central authorities and the competent authorities of the trade union. Registration bodies and organisations shall ensure the timely preparation and conclusion of collective agreements and consult on the content of the proposals submitted with the participation of both Parties. They shall record the measures agreed upon in consultation on amendments and additions to the collective agreement. The collective agreements concluded shall be sent for registration as soon as they are signed. The registration authorities shall draw up a registration report which they shall send to both Contracting Parties no later than one month after receipt of the collective agreement concluded for registration. Collective agreements concluded at central authorities and KNV only consult and register regional (city) committees of the relevant trade union.
29. Both Parties shall agree in a collective agreement on the following:
(a) regular routine checks on transactions (in order to create assumptions for a consistent and timely implementation) of all provisions and obligations contained in the collective agreement. The conclusions of the normal monitoring of the implementation of the collective agreement shall be made available to workers at production (operational) meetings, trade union membership meetings and member meetings or conferences of the basic organization of the Revolutionary Trade Union Movement;
(b) public controls on the implementation of collective agreements by organisations and collective race agreements involving all workers, organised twice a year under the joint plan of a political and organisational measure. No later than 31 August of the current year and no later than 15 February of the following year, it shall approve the results achieved in the performance of the collective agreement and the proposed conclusions of the public control carried out by the membership meeting or the company (race) conference of the Revolutionary Trade Union Movement. The results and conclusions of public control shall be used to prepare and conclude a new collective agreement and to analyse the organisation's economic activities;
(c) checks on the implementation of the sectoral collective agreement once a year, together with an assessment of the results of the management and implementation of the VHJ plan and the discussion of their results and the approval of the conclusions resulting from the trade conference of the Revolutionary Trade Union Movement.
Tasks of organisations, senior state and economic authorities and competent trade unions in applying the principles
30. The head of the organisation, the head of the race and the racing committee shall:
(a) familiarise workers with the proposals for a plan, obtain ideas for a collective agreement and discuss the draft collective agreement at production or operational meetings, trade union membership meetings and, where appropriate, the membership meetings of the basic organisations of the Revolutionary Trade Union Movement. Focus comments from the workplace, use them to improve the draft collective agreement and to provide feedback on its application;
b) to 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 control of the implementation of the collective agreement for the midterm and year round. The evaluation shall be linked to the monitoring of the implementation of the economic plan and the plan of personnel and social development, the evaluation of the workers' initiative and shall be used to further improve the organisation's economic activity.
31. The bodies superior to the organisations shall, together with the competent authorities of the trade union, ensure in particular:
(a) to assist in the preparation and control of the implementation of collective agreements in organisations managed by them and to verify whether or not collective race agreements have been concluded in the establishments;
(b) an assessment of the results achieved in the performance of collective agreements, the forms and methods of work applied, together with an analysis of the organisation's economic activity over the half-year and year, the organisation of exchanges of experience between organisations managed by them and the adoption of measures to address deficiencies.
32.
(a) adopt a common procedure to implement these principles in their sector, in particular with regard to the provision of methodological assistance and consultation in preparation, content, registration and control of the implementation of collective agreements;
(b) evaluate the implementation of the principles and the effectiveness of the measures taken to them in the last year in the framework of an assessment of the results of economic activity by 20 April at the latest;
(c) organise exchanges of experience in working with collective agreements and use the knowledge and ideas acquired to improve the level and effectiveness of collective agreements.
Final provisions
33. 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.
34. The 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 No 175 / 1980 Coll. and No 102 / 1982 Coll.
35. These principles shall take effect on 1 January 1986. According to them, it is already being carried out in the preparation of collective agreements for 1986.
1) For the purposes of these principles, the organisation shall also mean a group enterprise and a group special purpose organisation, provided that the group status has determined that they can act on their own behalf in employment relations as well as the organisational components of social organisations which, according to the statutes, may also act on their own behalf in employment relations.
2) Another competent trade union is the district or regional committee of the trade union of education and science which, on behalf of the staff of education and training establishments in the administration of the national committees, enters into a collective agreement with the head of the education department on behalf of the ONV or KNV, or with the respective heads of education administration, as appropriate.
(3) In non-production organisations, the provisions of paragraph 10 shall apply mutatis mutandis according to the nature of the organisation.
4) Decree of the Federal Ministry of Labour and Social Affairs No. 159 / 1970 Coll., on the provision of remuneration in major work and life years.
5) Education managed by national committees means the superior body of the Council of the ONV (KNV) and the competent authority of the trade union are the bodies of the KVOS (MVOS), the ČVOS, the VOS of the staff of education and science.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Principles 119 / 1985 Coll., for the conclusion, content and control of collective agreements |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.12.1985 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0