Decree No. 120 / 1965 Coll.
Order to be issued by the Central Council of Trade Unions for the conclusion, registration, registration and control of collective agreements in the new system of planned management of the national economy
Valid
Effective from 01.01.1966
120
DECLARATION
to be issued
DIRECTIVE OF THE CENTRAL COUNCIL OF THE UNION
for the conclusion, registration, registration and control of collective agreements in the new system of planned management of the national economy
Approved by the Bureau of the Office on 15.9.1965 and discussed at the plenary meeting of the Government of the CSSR on 8.10.1965.
The gradual introduction of a new system of planned management of the national economy puts the revolutionary trade union movement in front of new challenges in the further development of our economy. The new system creates the preconditions for making social and individual interests more compatible. This is reflected in the fact that the means of enterprises to meet needs, in particular remuneration, will depend on the performance of economic tasks and the satisfaction of social needs. It is therefore necessary to pay much greater attention to the preparation and adoption of measures which, in the economic activities of businesses and establishments, ensure the social interests, pay-based measures and care for workers' safety and hygiene and cultural needs.
From these points of view, the role of the collective agreement as a bilateral act is significantly strengthened in the new system, showing the integral unity and mutual conditionality of collective and social interests. The collective agreement is intended to express the role of a trade union organisation and fully safeguard the Union's programming objectives. It must help to deepen the participation of workers in the management and consolidation of the relationship between cooperative cooperation and to increase the responsibility of managers and other workers to fulfil the economic tasks of undertakings and establishments, while maintaining the principles of safety and hygiene of work and of caring for workers as an integral part of their obligations towards society. The collective agreement, with its content, reflects the specific conditions of individual disciplines, enterprises and establishments, and is also an important tool for regulating wage developments.
The Bureau of the Central Council of Trade Unions, after consulting the Government, therefore provides, pursuant to Article 21 of the Labour Code for the conclusion, registration, registration and control of collective agreements in the new system of planned management of the national economy:
I. Conclusion of collective agreements
Collective agreements are concluded in all economic organisations in industry, construction, agriculture, transport, trade and local economy at the level of trust of enterprises, trade companies, their subordinate enterprises and establishments, and, where appropriate, separate establishments, as well as undertakings managed by national committees. Collective agreements shall be concluded in establishments and separate establishments, where appropriate, taking into account the system of internal management. Collective agreements, changes and supplements shall be negotiated in writing.
Collective agreements may also be concluded, where appropriate, in budgetary and special budgetary organisations which, in part, carry out activities similar to those of economic organisations.
In organisations in which the principles of the new system of planned management are not yet applied, collective agreements will be concluded according to the existing principles, taking into account emerging conditions.
Collective contracts shall be concluded by the competent authorities of the ROH on behalf of the staff and on behalf of the economic organisations by their manager (Director). The trade union collective agreement shall be concluded by the Director-General of the trade union with the authority appointed by the Central Committee of the Trade Union and, where appropriate, by the FTC. The business collective agreement shall be concluded by the director of the company with the company committee ROH or by another trade union body, if they are entrusted by the Central Committee of the Trade Union. A collective race contract shall be concluded under the authority of the director of the undertaking by the director of the plant or by the head of operation with the ROH racing committee.
In accordance with the role of these stages of management, long-term collective agreements are generally concluded at the level of the disciplines. Collective agreements may be concluded for a shorter period in areas with less stability of the production programme and with insufficient clarity of the outlook.
A separate collective agreement is concluded between the Director-General and the ZV for the needs of the employees of the Directorate-General. The content of this contract is similar in the field of worker care to the content of the collective racing contracts.
Annual collective agreements shall be concluded at lower stages of management, particularly in enterprises, in accordance with the implementation plans. It is also desirable to conclude long-term collective agreements - three years, five years.
Collective agreements shall be prepared simultaneously at all stages of the procedure, together with preparation, discussion and approval of long-term and implementation plans for the development of the national economy. They shall be drawn up at the same time as consultations and exchange of information. They shall be specified or supplemented in accordance with major changes and modifications to the plans.
II. Content of collective agreements
A. Collective contracts concluded at the level of trust of undertakings and industry shall set out the objectives to be achieved in the period for which the contract is concluded, the main ways to achieve the planned development.
(a) The contract shall include:
- the expected level of generation of centralised resources throughout the field,
- the way in which the proportion within the field will be distributed the centralised funds remaining after the contributions have been paid to the State budget and other commitments, to:
the reserve fund,
the sectoral construction fund,
the technical development fund,
- the amount of the fund of workers *) in the whole sector, in the performance of production tasks and the expected gross income or profit in subordinate enterprises,
- the use of a sectoral construction fund, including the building of social, cultural, security, health, social, recreational and other facilities serving the working sector, or the use of a reserve fund for workers' care,
- the use of the technical development fund; in particular, to apply an aspect of safeguarding social needs;
- setting out the forms and initiatives of the development of the industry's initiative,
- organising exchanges of experience in the implementation and use of advanced technology, technology and new methods of work in the field,
- principles for the deregulation of the savings of undertakings and their special-purpose binding in the reserve fund of the Directorate-General for Industry or the competent national committee, achieved by the non-installation or non-operation of equipment for the protection of workers and to ensure the clean-up of air and water and, where appropriate, those investment actions which have been the subject of the provisions of collective agreements submitted by organisations;
(b) to allocate the resources created and to guide wage developments
- the proportion in which the funds will be allocated to individual wages and to economic results shares,
- the expected development of the average wage for individual work results per worker in achieving the productivity of the work foreseen on the basis of its own detailed methods of measurement,
- principles ensuring that only part of the pre-planned resources corresponding to the benefits of workers will be used for remuneration purposes and that the funds, in particular by means of non-reproducible resources from fast-moving reserves (stock reductions, periodic penalty payments, divestments of machinery, etc.) will primarily be used to create reserve and special-purpose funds for further development,
- terms and conditions of application of national and sectoral standards and standards (work needs ensuring proper political and technical organisational preparation for their implementation),
- the principles governing the provision of a share of economic results and the establishment of management personnel 'personal accounts to which part of their annual economic results may be transferred;
(c) to improve the care of workers
- measures to improve the working, social and cultural conditions of the workers of the sector, which will be financed to the extent necessary from centralised resources of the branch, in particular:
- improving the working environment, protection and safety of work,
- to create better conditions for women working in the field, persons with altered working capacity and pensioners,
- to provide stabilising cooperative and individual housing and to improve mass accommodation for young people and other workers,
- providing education and vocational qualifications in terms of prospective needs (university studies, corporate institutions, apprenticeship education, etc.),
- measures to increase health care (against occupational diseases) and occupational safety in the perspective of the prospective development of the sector,
- the budget for cultural and social needs for the staff of the Directorate-General for Industry, unless a separate collective agreement is concluded for them,
- essential measures relating to adjustments to the working time regime and to the procedure for shortening working time where planned during the relevant period in the field.
B. Collective contracts concluded at the level of undertakings shall set out the objectives which the undertaking intends to achieve in the development of production, technical development, reduction of workmanship and improvement of the culture of labour, the orientation of the main tasks and the amount of gross income or profit foreseen in the performance of the planned tasks,
(a) the collective agreement shall include:
- the measures and commitments of management to meet the objectives set,
- measures in the development of the workers' initiative expressing their participation in the implementation of the plan,
- the allocation of funds remaining when the planned gross income or profit is achieved after the contributions have been paid to the State budget and other commitments, to the reserve fund, to the recovery fund, to the cultural and social needs fund and to the establishment, to the workers' fund and to its division into the establishment or risk fund,
- the expected average wage for individual work results per worker in achieving the productivity of work anticipated on the basis of its own detailed methods of measurement,
(b) to allocate the resources created and to guide wage developments
- the ratio in which the funds of the remaining undertaking will be allocated to those funds from higher than expected gross income or profit formation; in those provisions, establish a preferential sufficient subsidy for funds to ensure the firm's prospects for development; while ensuring that the wage growth under consideration is fully consistent with the company's long-term concept of wage development, that only the sums of the predetermined resources corresponding to the benefits of the workers are used for remuneration purposes, and that funds from fast-moving and one-off reserves (stock reductions, periodic penalty payments, divestments of machinery, etc.) are used primarily to create reserve and special purpose funds for further development,
- the ratio in which it will be used in the interest of the gross income of the wage fund for individual work results and shares in the economic performance of enterprises; while ensuring that the growth of the resources of the workers' fund is mainly used to strengthen material interest in securing social needs in the overall results of the management in the form of shares in those results, and that wages for individual work results are only increased to the extent justified by, in particular, the increase in qualifications and labour performance, the desirable strengthening of bonuses and rewards for the performance of specific tasks, and to achieve a more effective differentiation of such wages,
- the planned basic wage fund and, where appropriate, the way in which it is produced, in the material interest in profits,
- the expected development of wage relationships between the main categories of employees of the enterprise and between certain professions,
- rules on the provision of shares in the economic performance of undertakings and in-house departments, including provisions on the reduction or withdrawal of shares; on the basis of the previous provisions on the expected employment relationship between the main categories of workers and between professions,
- rules for the establishment and use of managers' funds, in particular masters' and managers' funds,
- the dates and manner of carrying out the economic efficiency checks of the application of wage forms, including corporate premium rules,
- the dates of creation and political and technical organisational conditions for the application of corporate standards and labour consumption standards in accordance with the planned technical organisational measures,
- appeal to the relevant regulations on the social security of wages in the absence of wage funds for individual work results; the principles for determining the order of pay for individual work results in the event of the application of a social guarantee for wages and, within the limits of the resources available to the undertaking, any guarantee of payment of certain premiums that give a demonstrable economic effect even if the overall economic results of the undertakings were unfavourable;
(c) to increase the care of workers
- improving the education and qualifications of workers, in particular the preparation of professional and qualified cadets for the management of new techniques and technologies,
- provision of vocational training for apprenticeship and youth education directly in employment,
- measures to reduce overtime and create assumptions for shortening working time in order to meet the planned growth in production and earnings,
- measures to improve the working environment and to improve the recovery of individual workplaces, to increase care for protection and safety at work, to improve the working, social, cultural and recreational conditions of workers, to improve the care of racing meals (improvement of equipment for racing canteens, etc.), to assist in the provision of housing (cooperative, individual), in the maintenance and repair of business apartments and racehouses,
- measures to improve the working and social conditions of working women (in particular the setting up and expansion of childcare facilities, the facilitation of purchase, etc.), persons with altered working capacity and pensioners,
- the use of funds of the recovery fund and, where appropriate, of sectoral construction to improve work, health, social, cultural, housing and apprenticeship facilities, including the coverage of a recovery and safety plan,
- expenditure on cultural, social, health and recreational needs from the cultural and social needs fund.
C. Collective contracts concluded in establishments or separate establishments shall, as a general rule, provide for:
- the commitments of the economic management and the racing committee to ensure the tasks of the operational plan in quantity, range and quality,
- setting out forms and initiatives for the development of the labour initiative,
- the conditions under which plant workers may be granted shares in the economic results of the intra-plant services,
- provisions on the use of management funds, in particular masters' and management funds,
- the dates and manner in which economic efficiency checks are carried out, the application of wage forms, including premium rules,
- the dates of creation and political and technical organisational conditions for the application of racing standards and labour consumption standards in accordance with the planned technical organisational measures,
- measures to improve the working, cultural, social, health, physical and recreational conditions of workers, including the budget of the cultural and social needs fund (broken down from the enterprise),
- measures to improve the catering of workers (establishment of auxiliary farms, etc.), to promote housing and maintenance (conclusion of agreements with housing businesses, etc.), to ensure the maintenance of corporate housing, facilities, etc., to improve and accelerate the transport of workers to work, including the commitments of workers to make use of self-help without claims for funding,
- measures to improve working and social conditions for working women, in particular the expansion of employment opportunities for pregnant women and mothers of young children, (suitable layout of working time, the safeguarding of the construction of nurseries, nursery schools and childcare centres, the expansion of services, the facilitation of purchase, etc.) and to improve working conditions for persons with altered working capacity and pensioners.
III. Registration and registration of collective agreements
In order to ensure compliance of collective agreements in the field of remuneration with labour law and wage regulations and directives of senior bodies, their registration and registration shall be carried out. Any provisions of corporate and competitive collective labour and wage contracts shall not be contrary to sectoral collective agreements. The authorities which register collective agreements shall carry out checks on their performance, evaluate and take appropriate measures.
Trade union collective agreements shall be registered with the central committees of trade unions and relevant central economic authorities. Business and racing collective agreements (including operations) shall be registered with immediately superior economic and higher trade unions.
Collective contracts concluded in enterprises managed by national committees at regional level shall be recorded with regional trade union authorities and relevant KNV sectoral commissions. Collective contracts concluded in enterprises managed by district, urban and local national committees shall be registered with the relevant regional trade union bodies and industry committees of the ONV. In cases where a union body is not established, collective agreements shall be registered by the relevant district trade union board.
Registration and registration shall also be subject to changes and additions to collective labour and wage contracts.
Registration and registration authorities shall have the right to suspend the provisions of a collective agreement which are contrary to the provisions in force.
Any discrepancies in the conclusion, registration or registration of collective agreements shall be dealt with by the relevant trade union and economic authorities.
Workers may at any time at the competent department in a collective agreement designated to be familiar with wage and labour legislation in force in the undertaking.
In order to ensure complexity in matters of cultural, health, social, security, recreational needs of workers, services and care for working women, young people, etc., these parts of their collective agreement shall in particular be forwarded to the Regional Trade Union Council.
IV. Validity and control of collective agreements
Each collective agreement shall specify the period for which the collective agreement is concluded and from which it becomes effective.
Trade union collective agreements shall be approved by an authority designated by the Central Committee of the Trade Union. Their provisions on working and wage conditions shall take effect on the date of registration of the two registrations.
Collective contracts concluded in enterprises, in establishments or in separate premises are approved by the MEP or conference ROH. Amendments and additions to collective agreements shall become valid by approval by members' meetings or conference ROH.
Collective agreements are a bilateral act binding on both parties - the management of economic organisations and trade unions.
Trade union and economic authorities, or the authorities of national committees for which contracts are registered or registered, shall express their views on the revocation of a collective agreement before the expiry of the period for which it has been concluded if both parties are interested.
The management and other staff shall be responsible for fulfilling the obligations arising from the collective agreement for the organisation, within the scope of their functions, and shall be the responsibility of other staff, namely those referred to in the collective agreement. The fault of non-compliance shall be treated as a breach of the obligation to work with all consequences under the applicable rules. The responsible trade union body is responsible for the commitments of the collective workers according to the Statutes of the Revolutionary Trade Union Movement.
The performance of collective agreements shall be checked in parallel with the assessment of economic results so that all workers are informed of the performance. A report on the performance of commitments shall be drawn up during the half-yearly check on the performance of the collective agreement. The assessment and revision of the annual results of the management, the assessment of the development of resources, prices and wages, the satisfaction of customers' needs, the implementation of the recovery plan, the development of the quality of products and services shall also carry out a thorough check of the implementation of the collective agreement, as provided for in Part Three, Title 9, Section 63, paragraph 3 of the Government Decree on the Planning Management of the National Economy. The conclusions of this check serve as a basis for preparing a new collective agreement. The managers and members of the relevant trade unions shall report in person at the MEP or ROH conferences on the fulfilment of the commitments in all parts of the collective agreement.
These Directives shall enter into force on 1 January 1966.
*) For the purposes of these Directives, the concept of a workers' fund is also understood as a remuneration fund for enterprises applying a profit-sharing scheme.
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Regulation Information
| Citation | Decree No. 120 / 1965 Coll., which is issued by the Directives of the Central Council of Trade Unions for the conclusion, registration, registration and control of collective agreements in the new system of planned management of the national economy |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.11.1965 |
|---|---|
| Effective from | 01.01.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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