Government Decree No. 12 / 1961 Coll.
Government Regulation amending and supplementing Government Regulation No. 120 / 1950 Coll., on the rights and obligations of civil servants, on proceedings concerning their employment and arbitration committees
Valid
Effective from 01.04.1961
12
GOVERNMENT REGULATION
of 28 January 1961
amending and supplementing Government Decree No. 120 / 1950 Coll., on the Rights and Duties of Civil Servants, on the proceedings concerning their employment and on Arbitration Committees
The Government of the Czechoslovak Socialist Republic hereby orders, on a proposal from the Central Council of Trade Unions, pursuant to § 31 paragraph 2 of Act No. 66 / 1950 Coll., on the employment and pay ratios of civil servants, and under § 1 paragraph 1 of Act No. 143 / 1949 Coll., on changes in the organisation of public administration and in the scope of their bodies:
Government Decree No. 120 / 1950 Coll., on the rights and obligations of civil servants, on proceedings concerning their employment and on arbitration committees, is amended and supplemented as follows:
(a) in Part One (concerning rights and obligations):
1.
"Guilt
(1) Employees who are guilty of violating their obligations may be used without prejudice to their liability under other regulations as educational means of disciplinary action (§ 16).
(2) A punitive measure may be imposed only within a month of the date on which the head of the staff member became aware of the fault of the head of the office (authority) which is entitled to impose the punitive measure (Paragraph 27), but not later than one year, and if the offence is found by the internal control authorities, within two years of the date on which the staff member committed the offence. "
2.
"Pricing measures
(1) As punitive measures may be used
(a) reprimands;
(b) public reprimand,
(c) a reduction of up to 10% of the basic or functional salary or transfer to another work, where appropriate; Such measures may be imposed for a maximum period of three months.
(2) When deciding on the measures to be taken against a staff member, account shall be taken of the seriousness of his wrongdoing, the damage caused, the extent of his fault and his attitude towards work. If there is a breach of the obligation of minor importance, the manager shall merely criticise the staff member and inform him of the imperfections of his actions.
(3) The provisions of Act No. 24 / 1957 Coll., on the disciplinary prosecution of the theft and damage of property in socialist property, remain unaffected.
(4) Only one of the disciplinary measures referred to in paragraph 1 may be imposed on staff members for the same offence. If the staff member has been sentenced for an offence or has been sentenced in criminal proceedings by administrative or disciplinary penalty by the Ministry of State Control or by disciplinary action pursuant to Act No. 24 / 1957 Coll., he may not also be charged with disciplinary action under this Regulation for the same offence. If any of the following proceedings have been initiated in respect of the fault of the staff member, the result thereof must be awaiting its conclusion; the duration of such proceedings shall not be counted against the period in which disciplinary action may be imposed (§ 15 (2)). ';
(b) in Part Two (on proceedings relating to employment):
1.
"Appeals
(1) The staff member may object to the decision. The Office (authority) which issued the decision shall decide on the objections after consulting the race committee of the basic organization of the Revolutionary Trade Union Movement set up for the employee's workplace (hereinafter referred to as the "race committee ').
(2) The staff member may, except in the cases referred to in paragraph 4, appeal to the superior office (s); if the decision of the Commission or of the national committee department is taken, the staff member may appeal to the Board of that national committee. These authorities shall decide on the appeal after consultation with the competent higher authority of the trade union.
(3) Opposition and appeal must be lodged with the Office (authority) against whose decision they are against within 15 days of notification of this Decision. No objection or appeal shall have suspensory effect, except for objections and appeals brought against the imposition of a disciplinary measure. Otherwise, the general rules on administrative procedures apply to their submission, discussion and decision-making.
(4) A staff member may lodge a complaint with the arbitration panel on the basis of a decision on objections.
a) untying or cancellation of employment (§ § 19 to 21 of Act No. 66 / 1950 Coll.),
(b) transfer or transfer to another employee group or another branch of government;
(c) discharge.
(5) The specific provisions governing the application of entitlements remain without prejudice to:
(a) remuneration for inventions and improvements;
(b) compensation for damage caused to workers by accidents at work or occupational disease;
(c) compensation for damage caused by an employee's office (authority) by breach of employment obligations. "
2. Sections 27 and 28, including the common title, read:
"Tender proceedings
Jurisdiction
The disciplinary action shall be imposed by the head of the office (authority) with which the staff member has a permanent post at the time when the disciplinary proceedings are initiated; where disciplinary action is imposed on the Head of Office, it shall be imposed on the head of the directly superior office (authority). The staff of the national committees and their facilities shall be entrusted with disciplinary action by the authority, officer or worker to whom the Board of the national committee is responsible.
Management
(1) If the staff member infringes his duties in such a way that a disciplinary measure should be imposed on him, he shall normally inform the competent authority (§ 27).
(2) The authority to which the disciplinary action is to be imposed shall hear the staff member before it is imposed. Where this is necessary in order to clarify his guilt, or in more serious cases, he may entrust a staff member to carry out a detailed examination of the case and to hear witnesses and experts.
(3) A disciplinary measure may be imposed only after prior consultation with trade unions, unless their consent is required under the relevant regulations *).
(4) The imposition of disciplinary action shall be noted in the staff member's personal file; If, within two years of the imposition of this disciplinary measure, the staff member has not committed further wrongdoing, the personal office shall exclude the record of the imposition of the disciplinary action from the personal file. ';
(c) in Part Three (arbitration committees):
1.
"Establishment and jurisdiction
(1) Complaints against the decision on objections (Paragraph 21 (4)) are discussed and decided by the arbitration panel, which is set up:
(a) for district national committees for complaints by employees whose personal office is the district or local national committees or facilities subordinate to them;
(b) the Regional National Complaints Committees of employees whose personal office is directly subordinate to them by the Regional National Committees or facilities;
(c) personal offices managed directly by the central offices (authorities) for complaints against their employees, equipment managed by them and staff of subordinate organisations;
(d) at the central offices (s) for complaints to the staff of those offices and organisations associated with them.
(2) If the Regional National Committee and the Regional Trade Union Council agree on this, an arbitration panel may also be set up for certain establishments subject to the Regional National Staff Committee, whose personal office is that establishment. In accordance with the agreement of the District National Committee with the Regional Trade Council, an arbitration panel may also be set up with the Municipal National Complaints Committees of Employees whose personal offices are under their authority. '
2.
"Composition of commissions
(1) The Chairman of the Arbitration Commission, its Deputy and half the members of the Arbitration Committee shall be appointed and removed by the Trade Union Body designated by the Central Council of Trade Unions. The other half of the members of the Arbitration Commission shall be appointed and removed by the Office (body) with which the Arbitration Committee was established.
(2) When appointing the members of the arbitration panel, care must be taken to ensure that all categories of staff whose disputes are to be decided by that panel are represented.
(3) Individual complaints are discussed and decided by arbitration committees in three-member chambers. The Board of Appeal shall act and decide on appeals (Paragraph 36) in chambers of five members. Chambers shall be composed of the President and other members of the Chamber, designated by the President of the Chamber; Half of these other members of the Chamber shall be appointed by the President of the Chamber from among the members of the arbitration panel appointed by the trade union body of the relevant trade union and the other half from among the members of the arbitration panel appointed by the Office (body) with which the panel was established.
(4) The Central Board of Trade Unions, after consulting the competent central authorities (authorities) and the Regional National Committees, will further adjust the implementation of the arbitration procedure and specify the composition and scope of the arbitration panel. "
Article 31 (1) reads as follows:
"(1) An arbitration panel may not engage in any damage to its member's employment or rights arising therefrom. for the duration of the meetings of the arbitration panel, the members of the arbitration panel shall remain entitled to their employment income as if they had worked at their place of work. ';
4.
"Costs
The costs associated with the activities of the arbitration panel, including reimbursement of travel expenses to members of the panel, shall be borne by the Office (body) at which the arbitration panel is set up. The Office (Authority) shall also provide and carry out administrative work related to arbitration, make available the rooms and technical facilities necessary for the deliberations of the arbitration panel and store its file material. '
5. § 33 to 36, including the common title:
"Arbitration procedure
Complaints
A complaint must be lodged with the arbitration panel within 15 days of the receipt of the decision of the Office (Authority) on objections with the Office (Authority) with which the commission to decide on the complaint is set up. The complaint has no suspensive effect. Refusal of a complaint as late or inadmissible or, in justified cases, to waive the delay shall be the responsibility of the arbitration panel.
Meetings of the Commission
(1) The arbitration panel shall open negotiations within 8 days of the lodging of the complaint and shall keep them so that a decision on the complaint may be taken within a further 30 days.
(2) The Arbitration Committee shall ensure that the facts of the case are established as effectively and as quickly as possible. Before the decision of the dispute is taken, the arbitration panel shall hear the staff member who lodged the complaint and the representative of the authority (s) against whose decision the complaint has been lodged, or any other persons who may contribute to the clarification of the case.
(3) During the course of the negotiations, the arbitration panel is to endeavour to resolve the dispute by conciliation. If there is a settlement before the arbitration panel, the arbitration panel should approve it. The arbitration panel shall ensure that reconciliation is not contrary to the rules in force. The approval shall give effect to the final decision.
(4) If the staff member's complaint has been met only partially, the staff member shall be entitled to compensation for the loss of earnings and the necessary expenses incurred by his participation in the proceedings. The replacement shall be provided by the office (s) against whose decision the complaint has been lodged.
Decision
(1) If there is no reconciliation, the arbitration panel shall confirm or revoke the contested decision in accordance with the provisions in force. If the subject-matter of the dispute is linked to the salary rights of the staff member, the arbitration panel shall be entitled to decide on the staff member's proposal.
(2) The arbitration panel shall act by a majority of the members of the Chamber concerned at its decision in private consultation. A minutes shall be drawn up of the outcome of the vote, signed by all members of the Chamber.
(3) The written decision of the arbitration panel shall be drawn up within 8 days and signed by the President and one member of the Chamber.
Appeals
(1) The decision of the arbitration panel may be appealed against by the staff member or the Office (authority) against whose decision the complaint has been made within 15 days of the receipt of its decision. The appeal shall be lodged with the Office (authority) with which the arbitration panel is set up, against which the appeal is directed, and shall not have suspensory effect.
(2) The appeal shall be decided by:
(a) the central committee of the relevant trade union, after consultation with the head of the central office (authority) against whose decision the complaint was made, if the decision of the arbitration panel set up with that office (authority) is taken;
(b) the Regional Committee of the relevant trade union after consulting the Chairman of the Regional National Committee, if the decision of the Arbitration Committee set up with the Regional National Committee is taken,
(c) in other cases, an arbitration panel set up at an authority immediately higher.
(3) The decision on appeal is final. Otherwise, the provisions of Sections 33 to 35 shall apply mutatis mutandis to the lodging of an appeal and to the manner in which it is dealt with. '
Further consideration of complaints and appeals in arbitration proceedings which have not been definitively decided on by 31 March 1961 shall be taken over by the arbitration panel established under this Regulation.
This Regulation shall enter into force on 1 April 1961.
Broad v. r.
*) Act No. 37 / 1959 Coll., on the status of the racing committees of the basic organizations of the Revolutionary Trade Union Movement, and the Order of the Bureau of the Central Council of Trade Unions of 8 September 1959 providing for derogations within the competence of the racing committees in state bodies and in certain organisations, published at 74 Ú. l., 1959.
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Regulation Information
| Citation | Government Decree No. 12 / 1961 Coll., amending and supplementing Government Decree No. 120 / 1950 Coll., on the rights and obligations of civil servants, on proceedings concerning their employment and on arbitration committees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.02.1961 |
|---|---|
| Effective from | 01.04.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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