Act No. 121 / 1946 Coll.
Law on the provision of labour for agricultural production in the framework of national state construction
Valid
Effective from 12.06.1946
121.
Law
of 16 May 1946
providing labour for agricultural production within the national construction of the State.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
(1) Contributing to the success of all agricultural work, the proper and timely implementation of which requires the interest of the State, is a moral and legal obligation of the inhabitants of the Czechoslovak Republic.
(2) Agricultural works under this law are also field and garden growing of vegetables, forest production, nurseries, etc.
In order to carry out the work referred to in Article 1, all agricultural work capable of men aged between 15 and 55 and women aged between 15 and 45 may be allocated under the provisions of this law.
(1) Residents of all municipalities in the Czech and Moravian-Silesian countries who are duly resident in these municipalities are required to report in accordance with the provisions of paragraph 3 within 8 days of the date of publication of this law.
(2) The Minister for Labour and Social Welfare may, by decree, extend the deadline laid down in paragraph 1 in large cities accordingly.
(3) The reports referred to in paragraphs 1 and 2 shall be made at the local national committee (Administrative Commission), where the head office of the Regional Labour Protection Office (Branch Office) is located, at that Office (Branch Office).
(1) The obligation to report pursuant to Article 3 is excluded:
(a) persons who are in a permanent employment (service) or professional relationship are subject to compulsory sickness insurance and actually work;
(b) persons fully employed in agriculture, persons engaged in a separate office of approved trade or profession, as well as persons engaged in military or security services;
(c) university listeners who carry on their studies properly and their graduates who prepare for examinations, and pupils of secondary and vocational public schools or with public law;
(d) women from the third month of pregnancy and persons who are permanently unfit for work for illness or physical or mental illness and who can prove this by testifying by an official doctor of the County Labour Protection Office or by another public document;
(e) women who run the household and, in so doing, care for at least 1 child under 10 or at least 2 members of the household who are exempt from reporting under this paragraph;
(f) leaders and members of foreign representative offices and members of their families.
(2) However, the Minister for Social Welfare may, in cases of urgent need with the approval of the Government by means of a decree in the Official Journal, extend the obligation to report pursuant to Article 3 to persons otherwise covered by paragraph 1.
(1) The Local National Committee (Administrative Commission) shall draw up a list of persons applied for and include persons who have not made their reporting obligations, if known. The list shall be presented without delay in two copies to the Regional Labour Protection Office within the scope of which it falls.
(2) The Regional Labour Protection Office (branch) shall, if necessary, amend the list and return one copy to the local national committee, which shall inform the persons involved. The Local National Committee (Administrative Commission) may do so by announcing the list in a way that is customary (hanging, circular, etc.).
(3) The notification by the local national committee (Administrative Commission) has the effect of delivering the area to the Regional Labour Protection Office (Section 3 of the Decree of 4 June 1945, No. 13 Coll., on the provisional construction of the Labour Protection Office).
The Minister for Labour and Social Welfare is hereby authorised to set out in the Official Journal the time when the list is supplemented in accordance with the principles of § § 3 to 5.
Persons included in the list must be notified in advance to the local National Committee (Administrative Commission), after the case of the Regional Labour Protection Office (Branch Office), any change in their stay, if they are to last for more than 14 days, and notify where they will be staying at that time. If he changes residence, he must be notified of his new residence in advance. In this case, the local national committee (Administrative Commission, Regional Labour Protection Office or Branch Office) shall remove them from the list and notify the local national committee (Administrative Commission, after the district Labour Protection Office, branch) in whose district the new residence is located. This office will include her in its list. The amendments shall be notified to the relevant regional employment protection authorities (branches).
In each municipality, the local National Committee (Administrative Commission), in cooperation with the local association of the Single Union of Czech Farmers, shall, without delay after the publication of the law and at least at least 4 weeks before the beginning of the main working periods in agriculture, establish the exact need of the individual employers' workforce for urgent agricultural work and notify it to the relevant Regional Office of Labour Protection (branch).
(1) In order to carry out agricultural work, the Regional Labour Protection Office shall assign to the list referred to in Article 5, in particular persons who are not engaged in employment (occupation) or who are not fully employed.
(2) Women can only be assigned to work carried out by women as a rule. Persons married and married only if there are not enough single persons.
(3) Under this paragraph, a person may be allocated for a total of 3 months in one calendar year.
(1) If the labour force allocated pursuant to § 9 is not sufficient to carry out all the necessary agricultural work, the necessary labour shall be allocated according to the decree of the President of the Republic of 1 October 1945, No 88 Coll., on the universal duty, with the derogation that the age limits laid down in § 2 of this Act apply.
(2) If, under this paragraph, persons are assigned to work in excess of the President's decree, No 88 / 1945 Coll., the provisions of § 9, paragraph 3 shall apply mutatis mutandis.
(3) Unless otherwise provided for in this law, the relevant provisions of Decree No. 88 / 1945 Coll., apply mutatis mutandis to the working conditions which it has established and the working conditions.
(1) The provisions of the previous paragraphs also apply mutatis mutandis to persons who, not subject to registration, have voluntarily offered to assist in the necessary agricultural work at a place of employment designated under the Directives issued by the Ministers for Labour and Social Welfare and Agriculture.
(2) These persons shall be replaced by the competent district office of labour protection from the special-purpose assets for the aid for inclusion in the work provided for by the Government Decree of 27 August 1943, No 250 Coll., the difference between the salary achieved by the work carried out and the salary achieved by the work carried out previously. they shall also replace their travel to and from the transitional post if they exceed the distance between the permanent residence (place of residence) and that place of residence of at least 6 km, and if agricultural work is carried out for a period of less than six weeks.
Subject to the provisions of Section 10, paragraph 1, this Act is without prejudice to the provisions of Decree of the President of the Republic No. 88 / 1945 Coll.
If the necessary labour needs cannot be provided for the urgent work of agriculture under the previous provisions, the Regional Labour Protection Authorities (branches) may take the following additional measures at the instruction of the Ministry of Labour and Social Welfare:
(a) examine the current employment of persons who have worked continuously for at least 6 months in agriculture over the last five years; those persons may, even temporarily, be assigned back to agriculture, but would require important public interests to remain in their current employment;
(b) examine, in cooperation with the regional (local) national committees, trade unions and economic organisations, whether workers of the various sectors of work are fully productive in their field and whether these sectors are as important in the public interest as the agricultural production concerned. Persons who may be released without thereby causing any serious public interest harm may be included, albeit temporarily, in agricultural production, unless particularly serious personal reasons prevent this, in order to ensure a fair division of labour between agriculture and other fields of work.
(1) Negotiations and omissions which are contrary to the provisions of this Act or to the provisions laid down for its implementation shall be punishable by the county labour protection authorities by a penalty of up to 10 000 CZK or by the county national committees on a proposal from those authorities by administrative penalties, namely a penalty of up to 100 000 CZK or by imprisonment of up to 1 year or both.
(2) If a penalty has been imposed as an administrative penalty, a replacement prison sentence should be imposed at the same time in the event of its imperfections, depending on the degree of guilt within the limits of the rate of the free penalty.
This Act takes effect on the day of its publication, expires on 31 December 1947 and applies in the Czech and Moravian-Silesian countries; It shall be implemented by the Minister for Labour and Social Welfare in agreement with the participating members of the Government.
Dr Beneš v. r.
Fierlinger v. r.
Dr. Unedible v. r.
for the Minister, Dr. Šoltésze.
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Regulation Information
| Citation | Act No. 121 / 1946 Coll., on securing of labour for agricultural production in the framework of national state construction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.1946 |
|---|---|
| Effective from | 12.06.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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