What is Government Decree No. 120 / 1947 Coll.?

Decree of the Government No. 120 / 1947 Coll., on the provision of leave and benefits during the period of holiday in construction and secondary construction trades in 1947 according to the registration system — Regulation on the granting of leave and the payment of benefits for the duration of the holiday in construction and secondary construction trades in 1947 by mark system.

When it became Government Decree No. 120 / 1947 Coll. effectiveness?

Government Decree No. 120 / 1947 Coll. became effective 01.01.1947.

Is Government Decree No. 120 / 1947 Coll. still valid?

Yes, Government Decree No. 120 / 1947 Coll. is still valid and effective.

Government Decree No. 120 / 1947 Coll.

Regulation on the granting of leave and the payment of benefits for the duration of the holiday in construction and secondary construction trades in 1947 by mark system

Valid Effective from 01.01.1947

§ 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 11. § 12. § 13. § 14. § 15.

120.

Government Regulation

of 24 June 1947

on the granting of leave and the payment of benefits for the duration of the holiday in construction and secondary construction trades in 1947, according to the mark system.

The Government of the Czechoslovak Republic hereby orders pursuant to Paragraph 18 of the Act of 14 May 1947, No 82 Coll., on the transitional arrangements for paid leave to be recovered ("the Act '):

§ 1.

(1) The provisions of this Regulation shall apply to workers in construction and secondary construction trades covered by insurance under the Act of 9 October 1924, No 221 Coll., on the insurance of workers in the event of sickness, invalidity and old age, as amended by the Regulations amending it and supplementing it, with the exception of apprentices.

(2) The construction business referred to in this Regulation shall mean the plant and plant department, carrying out all kinds of construction work of engineering, construction, masonry, carpentry or foundry, such as building, road, bridge, tunnel, railway, ground, water and water, sewage, cable and the like.

(3) The secondary building trades referred to in this Regulation shall be broken down by quarries, gravel plants and sandrooms and works of painting, painting, varnish, stucco, tile, roofing, asphaltic, tarpaulin, terracing, insulating, including insulation of heat, cooling and sound as well as sealing.

(4) All posts, workshops, warehouses and bearings shall be regarded as racing and racing departments in accordance with paragraphs 2 and 3.

(5) In doubts as to whether the provisions of this Regulation apply to employees of an establishment or a plant department, the competent district labour protection office shall decide.

§ 2.

(1) For the staff referred to in Article 1, 1947, the period of leave referred to in Article 3 of the Act is after 39 weeks, after which they have been assigned holiday stamps ("stamps") to holiday tickets ("tickets").

(2) After 26 weeks in which stamps have been affixed to employees, they shall have two thirds of the leave referred to in paragraph 1.

(3) For determining the amount of leave, the calendar year in which the staff member was in employment for at least 26 weeks shall be calculated for one year of service. If the employment in some calendar years persists for a shorter period of time, the weeks in which he was employed in the construction sector shall be added and the sum shall be 26. The result indicates the number of years relevant for the area of leave. The rest of the weeks are not taken into account. Paragraph 4 and § 5 of the Law apply mutatis mutandis to the derogation that it decides on 1 January 1948.

§ 3.

(1) The employer is obliged to base on his cargo his staff who do not yet have a ticket on a form issued in accordance with the model published in Annex "A" to this Regulation, as far as the cases referred to in Section 14 (1) are concerned.

(2) The ticket consists of parts I, II and III; the value of the stamps in each part may be paid separately.

(3) Part I is allocated to 26 weeks, Parts II and III each to 13 weeks.

(4) Parts I and II of the ticket may be used without a time limit. Part III shall apply only if 52 weeks have not elapsed since the date of establishment of the ticket. If parts I and II of the ticket have been fully glued to the stamps and if at least 52 weeks have elapsed since the date of establishment of the ticket, a new ticket shall be established without account being taken of whether or not Part III has been used.

§ 4.

(1) Only stamps issued separately for that purpose may be affixed to the ticket.

(2) The value of the stamps shall be determined by the amount of the earnings and the amount of leave payable to the staff member (Section 2, paragraphs 1 and 3) and shall be determined in accordance with the table published in Annex "B" to this Regulation.

§ 5.

(1) The employer is obliged to provide a stamp of the relevant value for each wage week on his cargo and, at the time of payment of the salary, to stamp it immediately (Section 4 (2)) by indicating the last day of the pay period.

(2) Also, when paying a salary or part of a salary under § 1154 (b) of the General Civil Code or under § 6 of the Law of 13 July 1922, No 244 Coll., which generally regulates the legal situation between employers and employees in Slovakia, or under § 3 of the Law of 16 January 1946, No 18 Coll., on the working conditions of persons on the basis of the presentative service, the employer is obliged to put a stamp of the relevant value on the ticket (§ 4, paragraph 2).

(3) For each week in which the staff member has not worked for the duration of the contract and has not been entitled to or part of the salary, special marks shall be affixed without value. However, such stamps shall not be affixed during the period of active military service if the staff member has been reimbursed for the value of the stamp applied pursuant to Article 9 before the military service was started.

(4) The stamps shall also be affixed during the period of leave and their value shall be determined according to the value of the stamps which have been paid from Part I and, in the case of the II ticket. These marks are required by the employer who pays the benefits during the period of leave (§ 8 (1)).

§ 6.

(1) The employer keeps the tickets for the duration of the contract and is responsible for their proper preservation. The employee is entitled to look at the ticket. The employer shall, upon request, submit a ticket for examination to the employees' representative and the authorities of the labour protection authorities.

(2) On termination of employment, the employer shall be obliged to issue a ticket to the staff member; he will hand it over to a new employer for safekeeping. If the new employer finds that the ticket is deficient, he shall immediately seek redress from the former employer.

§ 7.

(1) Staff members shall, as soon as they are entitled to leave under § 2, except in the cases referred to in § § 9 and 10, be entitled to benefit from an amount corresponding to the value of the stamps in Parts I and II of the ticket during the period of leave. The stamps in Parts I or II of the Ticket may be refunded only if they are fully glued.

(2) The stamps affixed in Part III of the ticket shall give rise only to a claim for payment of their value, even if this part is only partially coated with stamps.

§ 8.

(1) The employer is obliged to pay benefits during the period of leave (§ 7 (1)) to the staff member no later than the day before the day before the entry of the leave and to deduct the wage tax from them.

(2) The post office at the office of the District Office of Labour Protection (branches) pays the employer the value of stamps applied to tickets.

§ 9.

(1) By way of derogation from the provisions of § § 7 and § 8, the post office shall reimburse the staff member for the value of the stamps applied if he submits a ticket in which the county labour protection office has confirmed that he agrees to early payment.

(2) The Regional Labour Protection Office shall give its consent in accordance with paragraph 1:

(a) if the competent provider of the social security scheme has confirmed that the staff member is unfit for work for at least 3 months;

(b) if the staff member has been called upon to perform an active military service; or

(c) find out that the staff member is working for at least six months in a plant not covered by the provisions of this Regulation. Paragraph 6 (2) of the Act remains unaffected.

(3) The consent to pay the value of the stamps in the cases referred to in the preceding paragraph is, moreover, subject to the confirmation of the employer in whose establishment the employee is or was last employed that the amount to be reimbursed has been properly taxed on payroll taxes.

(4) The Regional Labour Protection Offices may exceptionally give their consent to the early payment referred to in paragraph 1 in other cases, if there are grounds for special consideration.

§ 10.

If a staff member for whom a ticket has been established has died and the value of the stamps applied has not yet been reimbursed, the employer shall notify the competent court of the amount corresponding to the value of those stamps. The post office shall reimburse the employer for the value of the stamps applied without prejudice to the provisions of Section 7 if the employer has submitted written consent to the survivor's court for payment. The employer then issues the amount paid after the deduction of the tax due to the pensioner, who submitted written consent to the survivor's court.

§ 11.

If the ticket with the stamps glued to the employer has been destroyed or becomes unfit, the post office shall reimburse the value of the stamps glued to the replacement ticket only if the latter has been provided with an approval clause of the post office. The employer is obliged to ask for permission to pay at the post office within 1 month of the date on which it was found that the ticket was destroyed or became unfit. The application shall be accompanied by a completed replacement note, accompanied by proof of the total value of the stamps applied. The reimbursement of an approved replacement ticket is governed by the provisions of Sections 7 to 10.

§ 12.

(1) The claim for reimbursement of the value of the stamps affixed to the ticket shall cease if the ticket has not been submitted to the post office within 3 years of the date of depreciation.

(2) Uncollected amounts are forfeited to the State (postal administrations).

§ 13.

The Social Welfare and Post Office Ministers shall, by decree, determine the manner in which stamps and tickets are to be used, the price thereof and the manner in which they are to be sold and the details of payment with the post office.

§ 14.

(1) Employees employed for the effectiveness of this Regulation before the date of its publication shall establish a ticket by their first employer in 1947; the marks are added by the employer (s) for whom he was employed at that time.

(2) However, if, by way of derogation from the provisions of this Regulation, the staff member referred to in paragraph 1 has been granted a holiday allowance (pay supplement), the employer (employers) shall place a non-value mark on the ticket for each week for which the compensation was granted, provided that the staff member does not return the refund paid.

§ 15.

This Regulation shall enter into force on 1 January 1947; they shall be carried out by social security ministers and post offices.

Gottwald v. r.

Dr Zenkl v. r.

Ursines v. r.

Fierlinger v. r.

Broad v. r.

Maj-Gen Svoboda v. r.

Dr. Ripka v. r.

Dr Dolansky v. r.

Dr Stránská v. r.

Kopecký v. r.

Dr Pietor v. r.

Ing. Kopecký v. r.

Hala v. r.

Dr. Unedible v. r.

Majer v. r.

Příloha A.

Annex A.

Holiday ticket

(pursuant to Government Decree No. 120 / 1947 Coll.).

Abuse of stamps and holiday tickets is prosecuted under criminal law.

Příloha B.

Annex B.

Table for calculating the value of holiday stamps.

Při týdenním výdělku		Hodnota známek při dovolené				Při týdenním výdělku		Hodnota známek při dovolené
nad	do	2 týdny	3 týdny	4 týdny	5 týdnů	nad	do	2 týdny	3 týdny	4 týdny	5 týdnů
Kčs	Kčs	Kčs	Kčs	Kčs	Kčs	Kčs	Kčs	Kčs	Kčs	Kčs	Kčs
0	20	0,50	1,-	1,-	1,50	900	920	54,50	82,-	109,-	136,50
20	40	2,-	3,-	4,-	5,-	920	940	56,-	84,-	112,-	140,-
40	60	3,-	4,50	6,-	7,50	940	960	57,-	85,50	114,-	142,50
60	80	4,-	6,-	8,-	10,-	960	980	58,-	87,-	116,-	145,-
80	100	5,50	8,-	11,-	13,50	980	1000	59,50	89,-	119,-	148,50
100	120	6,50	10,-	13,-	16,50	1000	1020	60,50	91,-	121,-	151,50
120	140	8,-	12,-	16,-	20,-	1020	1040	62,-	93,-	124,-	155,-
140	160	9,-	13,50	18,-	22,50	1040	1060	63,-	94,50	126,-	157,50
160	180	10,-	15,-	20,-	25,-	1060	1080	64,-	96,-	128,-	160,-
180	200	11,50	17,-	23,-	28,50	1080	1100	65,50	98,-	131,-	163,50
200	220	12,50	19,-	25,-	31,50	1100	1120	66,50	100,-	134,-	166,50
220	240	14,-	21,-	28,-	35,-	1120	1140	68,-	102,-	136,-	170,-
240	260	15,-	22,50	30,-	37,50	1140	1160	69,-	103,50	138,-	172,50
260	280	16,-	24,-	32,-	40,-	1160	1180	70,-	105,-	140,-	175,-
280	300	17,50	26,-	35,-	43,50	1180	1200	71,50	107,-	143,-	178,50
300	320	18,50	28,-	37,-	46,50	1200	1220	72,50	109,-	145,-	181,50
320	340	20,-	30,-	40,-	50,-	1220	1240	74,-	110,-	148,-	184,-
340	360	21,-	31,50	42,-	52,50	1240	1260	75,-	112,50	150,-	187,50
360	380	22,-	33,-	44,-	55,-	1260	1280	76,-	114,-	152,-	190,-
380	400	23,50	35,-	47,-	58,50	1280	1300	77,50	116,-	155,-	193,50
400	420	24,50	37,-	49,-	61,50	1300	1320	78,50	118,-	157,-	196,50
420	440	26,-	39,-	52,-	65,-	1320	1340	80,-	120,-	160,-	200,-
440	460	27,-	40,50	54,-	67,50	1340	1360	81,-	121,50	162,-	202,50
460	480	28,-	42,-	56,-	70,-	1360	1380	82,-	123,-	164,-	205,-
480	500	29,50	44,-	59,-	73,50	1380	1400	83,50	125,-	167,-	208,50
500	520	30,50	46,-	61,-	76,50	1400	1420	84,50	127,-	169,-	211,50
520	540	32,-	48,-	64,-	80,-	1420	1440	86,-	128,-	172,-	214,-
540	560	33,-	49,50	66,-	82,50	1440	1460	87,-	130,50	174,-	217,50
560	580	34,-	51,-	68,-	85,-	1460	1480	88,-	132,-	176,-	220,-
580	600	35,50	53,-	71,-	88,50	1480	1500	89,50	134,-	179,-	223,50
600	620	36,50	55,-	73,-	91,50	1500	1520	90,50	136,-	181,-	226,50
620	640	38,-	57,-	76,-	95,-	1520	1540	92,-	138,-	184,-	230,-
640	660	39,-	58,50	78,-	97,50	1540	1560	93,-	139,50	186,-	232,50
660	680	40,-	60,-	80,-	100,-	1560	1580	94,-	141,-	188,-	235,-
680	700	41,50	62,-	83,-	103,50	1580	1600	95,50	143,-	191,-	238,50
700	720	42,50	64,-	85,-	106,50	1600	1620	96,50	145,-	193,-	241,50
720	740	44,-	66,-	88,-	110,-	1620	1640	98,-	147,-	196,-	245,-
740	760	45,-	67,50	90,-	112,50	1640	1660	99,-	148,50	198,-	247,50
760	780	46,-	69,-	92,-	115,-	1660	1680	100,-	150,-	200,-	250,-
780	800	47,50	71,-	95,-	118,50	1680	1700	101,50	152,-	203,-	253,50
800	820	48,50	73,-	97,-	121,50	1700	1720	102,50	154,-	205,-	256,50
820	840	50,-	75,-	100,-	125,-	1720	1740	104,-	156,-	208,-	260,-
840	860	51,-	76,50	102,-	127,50	1740	1760	105,-	157,50	210,-	262,50
860	880	52,-	78,-	104,-	130,-	1760	1780	106,-	159,-	212,-	265,-
880	900	53,50	80,-	107,-	133,50	1780	1800	107,50	161,-	215,-	268,50

Při týdenním výdělku vyšším než v tabulce uvedeném činí hodnota známek při nároku na dovolenou ve výměře
	2 týdny	6 %	hrubého týdenního výdělku včetně všech příplatků.
	3 týdny	9 %
	4 týdny	12 %
	5 týdnů	15 %