Decree of the Government of the Czechoslovak Socialist Republic No. 127 / 1982 Coll.

Government Order of the Czechoslovak Socialist Republic on Racial Catering

Valid Effective from 01.01.1983
127
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
of 14 October 1982
on competitive catering
The Government of the Czechoslovak Socialist Republic orders, in an agreement with the Central Council of Trade Unions pursuant to § 140 (1) of the Labour Code, pursuant to § 47 of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries, and to implement the Economic Code:

ČÁST I

ORGANISATION AND IMPLEMENTATION
§ 1
Preliminary provisions
(1) Racing is an integral part of the care of workers organisations. Its aim is to provide workers with a diet corresponding to the principles of good nutrition, to help restore their workforce and to strengthen their health. Organisations shall establish the necessary conditions for the preparation and administration of food during each shift, in accordance with the established standards, and shall establish and operate the catering facilities.
(2) In order to ensure the development of food for racing, the central authorities and national committees create all-round conditions, in particular for its technical development and the supply of food in accordance with nutrition standards and the development of the number of boarders.
(3) Organisations and senior bodies also draw up plans for the development of racing meals as part of their long-term prospects, five-year and annual implementation plans (budgets).
(4) At least once a year, the organisations and the superior bodies, in cooperation with the competent trade unions, shall carry out an analysis of the state of diet and take the necessary steps to develop it further.
(5) The commitments of organisations to ensure, expand and increase the level of food for racing are laid down in collective agreements.
§ 2
Forms of catering
Organisations provide racing catering
(a) the production and supply of meals at a self-catering establishment or a joint establishment; or
(b) by eating workers in a catering establishment of another organisation or in a catering establishment of another form of special-purpose meals (1); or
(c) the importation of food from a food establishment or other form of special-purpose food, possibly from central food production and its supply in its own food establishment; or
(d) catering of staff using restaurant facilities (§ 8).
§ 3
Racial catering facilities
Racing cuisine, business and regional food stores, or semi-finished food for racing, canteens, food dispensers, dining areas, canteen canteens (buffets) and auxiliary farm.
§ 4
Setting-up, operation, change and cancellation of the facilities
(1) Racefood establishments shall be established and operated by organisations from their own resources or by several organisations as joint establishments, (2) in agreement with the Regional Trade Council (hereinafter referred to as the Regional Trade Council) in accordance with the relevant legislation.3) In doing so, they may cooperate with other organisations, including organisations providing other forms of special-purpose meals. 1)
(2) Organisations are obliged to allow the use of the spare capacity of food establishments for other workers.
(3) The organisation, with the agreement of the superior body and in agreement with the district trade union board, may cancel or significantly restrict its operation only if the organisation or part of it or if its operation is not significantly restricted, or if it is not possible to ensure the operation of the establishment in such a way that it complies with the hygiene rules or does not endanger the safety and health of workers or other persons. Before cancelling or restricting the operation of a food establishment, the organisation shall ensure that its workers are fed in a different form of food.
(4) When planning the investment construction of new plants or plants, or when reconstructing them or modernising them, the investor shall at the same time ensure the construction and / or modernisation of the equipment of the plant in accordance with the relevant regulations. It shall make use of the possibility of pooling resources with other organisations providing racing meals, with the national committee and, where appropriate, with organisations providing other forms of catering. The organisation is required to discuss this with the relevant national committee and the district trade union board on the basis of the site of construction before proceeding under the special regulations (4), and if it is a restaurant with a capacity of more than 1000 portions of main meals per day, the Ministry of Trade of the Czech Socialist Republic or the Ministry of Trade of the Slovak Socialist Republic.
§ 5
(1) Racing catering is provided by the organisation
(a) their workers;
(b) apprentices, unless their meals are provided according to the rules on apprenticeship;
(c) pupils, students, scientific aspirants and study staff for the duration of their temporary work in the organisation, unless their meals are provided for under specific regulations.
(2) Racing may also be provided by the organisation in accordance with the collective agreement to pensioners who worked there until retirement.
(3) The organisation may, with the agreement of the race committee of the basic organization of the Revolutionary Trade Union Movement (hereinafter referred to as the "race committee"), also provide racing catering to the
(a) the staff of the organisation with which they have concluded a contract for food establishments;
(b) pupils and students for whom no catering is provided in the school cafeteria (menza) if they have concluded a contract with the competent authority of the state,
(c) workers of other organisations and officials of social organisations, if they are on a business trip or temporarily active outside their permanent residence or place of work;
(d) pensioners who have not worked in the organisation until retirement and who are not allowed to dine in special establishments for joint catering of pensioners or, where appropriate, spouses of pensioners;
(e) family members of their workers and pensioners who worked there until retirement.
§ 6
Meals in catering facilities
(1) The organisation provides food for the catering industry mainly and, if operating conditions so allow, diet meals according to the medical recommendations (hereinafter referred to as "main meals'). The main dish is prepared by the organisation according to the prescribed recipes, 3) it is usually prepaid and, as proof of prepayment, which also authorises the issue of food, food stamps are issued.
(2) The organisation may also provide supplementary meals, drinks, which are not prohibited from being sold in the organisation through the facilities of the catering plant, 5) protective drinks and other catering services.
(3) Main meals and complementary meals are provided to workers in principle during the working shift. If hygienic, safety or serious operational reasons do not permit this, the authority of the superior organisation, in agreement with the competent trade union authority, may exceptionally allow such meals to be provided at another appropriate time.
(4) Food and beverages intended for refreshment during working hours, complementary food and tobacco products, or other goods necessary for the needs of workers, are sold in the canteen (buffet). The list of goods shall be established by the organisation in agreement with the race committee in accordance with the single national list.
§ 7
Catering contracts
(1) Organisations conclude contracts for the provision of food for racing.
(2) An organisation operating a catering establishment may conclude, amend or revoke a contract only after the prior agreement of the racing committee. In order to abolish or significantly restrict the diet of workers of another organisation, the organisation operating a racing diet shall also seek the approval of the Regional Trade Union Council.
(3) The organisation shall agree in the contract on the forms of participation in the performance of the contract, in particular on the way in which the necessary staff are provided for the operation of the establishment, its technical equipment and its maintenance to the extent appropriate to the catering services provided. In the absence of such an agreement, the organisation which provides catering for the workers of another organisation shall charge a premium in accordance with Paragraph 18 (4), the amount of which must be stated in the contract on catering.
(4) The relevant national committees shall work together with the regional trade union councils to ensure that organisations conclude contract-based catering contracts with organisations for which the establishment or operation of their own facilities would not be effective and economical, where the capacity of the facilities is not sufficient to ensure that all their workers are able to eat in their own facilities, or which cannot provide dietary catering for their staff according to medical advice.
(5) Where appropriate, organisations may, with the agreement of the Regional Trade Council, conclude catering contracts with organisations providing other forms of special-purpose meals. 1)
§ 8
Racing catering using restaurant facilities
The organisation can provide racing meals using restaurant facilities only on the basis of a contract with the organisation of restaurant meals concluded with the agreement of the district trade union board in accordance with the relevant regulations .3)
§ 9
Racing catering of catering staff
Workers employed in catering establishments of organisations providing other forms of special-purpose meals (1) and in restaurant establishments, or other workers operating in those organisations, may dine there under conditions determined in accordance with this Regulation by the competent central authority in agreement with the relevant trade union body.
§ 10
Auxiliary catering
(1) In order to improve the supply of catering, the organisation may operate an auxiliary economy. It shall provide the necessary premises, facilities and facilities for them and shall bear the costs in kind associated with its operation.
(2) The management of the auxiliary holding must be managed in such a way that its cost of raw materials and personnel costs do not exceed the amount corresponding to the retail price of the total quantity of products obtained.

ČÁST II

ENTERTAINMENT, FINANCING AND TRANSPORT
§ 11
General principles
(1) Racing is a non-profit-making activity. Its costs and revenues (expenditure and revenue) are kept separate from other costs and revenues (expenditure and revenue). The organisation does not have this obligation when it comes to catering the workers referred to in Section 9.
(2) As a basis for managing and controlling the costs and ensuring their remuneration, the organisation shall draw up, in agreement with the race committee, an annual budget containing all the expected costs, revenues and other revenues of the race. The budget for racing must be balanced and in accordance with the plan for development of racing; there shall be neither profit nor loss.
§ 12
Cost of and payment of racing meals
(1) The cost of racing meals is:
(a) material costs, with the exception of those referred to in (c), services of non-material nature and financial costs of catering, hereinafter referred to as "costs in kind,"
(b) the wage and other personnel costs of the staff of the establishment (hereinafter referred to as "personnel costs");
(c) the price paid for raw materials (food) consumed to prepare food for racing, including losses resulting from natural loss of raw materials (hereinafter referred to as "purchase price of raw materials"),
(d) the price paid for goods intended for sale in the canteen (buffets);
(e) the cost of raw materials for auxiliary catering farms.
(2) If the organisation has several catering facilities, their personnel costs include the costs of joint management.
(3) The organisation shall cover in full the costs in kind and personnel, except those referred to in paragraph 4. Budget organisations shall cover them from their budgets, from their budget expenditure and from other organisations to cover the costs of their main activities.
(4) The personnel costs of factory canteen staff shall be covered by the organisation from trade rainfall and the personnel costs of auxiliary farm workers from the proceeds of those holdings. If the revenues from the trade rainfall do not fully cover the personnel costs of the canteen, the difference will be paid as a loss of the catering.
(5) The costs referred to in points (c) to (e) of paragraph 1 are covered by the organisation by sales and other income of the catering industry. Where specific rules provide for this, the organisation shall cover the purchase price of raw materials from the means referred to in paragraph 3.6.)
(6) If the organisation ensures the catering of its staff using restaurant catering facilities, it shall pay the physical and personal costs of one main meal equivalent to the fixed average of the material and personal costs of preparing the main meals in the restaurant facilities. 3)
§ 13
Contribution from the cultural and social needs fund for racing meals
(1) The organisation may provide a contribution from a fund of cultural and social needs in order to achieve an adequate nutritional standard, expressed as a financial limit on the consumption of raw materials for the preparation of one main meal provided for in Article 16 (2) (hereinafter referred to as "the contribution")
(a) to the boarders referred to in Article 5 (1) and (2) up to 1 ccs per main meal served during the morning shift;
(b) to the boarders referred to in Article 5 (1) up to the amount of:
- 2,50 CZK per main meal served during the afternoon shift,
- 3.50 CZK per main meal served during the night.
(2) The amount of the contribution shall be determined in a collective agreement.
(3) No allowance shall be granted on the purchase price of raw materials consumed for the preparation of complementary meals.
(4) Workers seconded to a work trip who are to be granted a subsistence, severance or flat-rate reimbursement for the day in question under the rules on reimbursement of travel expenses, (7) the contribution at the place of the intermediate place of work does not apply. However, the contribution belongs to the said workers in the construction works for which the construction schemes are drawn up. 8)
§ 14
Use of the contribution
(1) The allowance shall not be used to reduce the amount of the food paid by the guest until the financial limit of the consumption of raw materials for the preparation of the main meal provided for in the relevant regulations has been reached.
(2) The contribution provided by the organisation which provides for the catering of its staff through the catering facilities of another organisation may be used to unify the amounts paid by the members of the participating organisations.
(3) Organisations whose workers are working on the construction works for which construction schemes are drawn up shall provide an agreed amount of contribution so that the amount paid by workers for one main meal is uniform for workers of all the organisations at the construction site.
§ 15
Profit and loss from racing meals
(1) Any difference between the actual costs and the income of the catering industry, including the contribution, shall be treated as profit or loss from the catering industry (hereinafter referred to as profit or loss).
(2) The organisation is required to ensure that the profit is not achieved on the detriment of the boarders and that there is no loss of ineconomy in the catering industry.
(3) Profit shall be transferred at the latest at the time of the annual accounts to the Fund of Cultural and Social Needs and shall be used for the purposes of catering
(a) to cover unplanned losses in the coming years;
(b) the contribution to the cost of raw materials;
(c) as an additional source of financing of investments for racing catering and for the additional equipment of catering facilities, items of gradual consumption and other non-investment objects of a lasting nature, with the exception of investments and equipment of auxiliary holdings.
(4) The loss will be paid in the annual accounts of unused profits from the previous years' catering.
(5) If the loss cannot be paid in accordance with the preceding paragraph, the loss shall be reimbursed:
(a) in economic organisations whose relationship to the State budget is determined by a financial plan, from the proportion of their material interest in profits (a share of the excess profit, etc.) of an organisation transferred to a fund of cultural and social needs above the set limit, where appropriate at annual financial settlement;
(b) in other economic organisations from the distribution of profits of the organisation9) the amount needed to cover losses shall be transferred to the fund of cultural and social needs above the limit, 10)
(c) in budgetary organisations from their budgets,
(d) in the contribution organisations, by reducing their resulting contribution to the State budget or, where appropriate, by increasing the resulting contribution from the State budget.
§ 16
Determination of raw material consumption
(1) The organisation shall, in agreement with the race committee, establish standards for the consumption of raw materials per main meal prepared in a food establishment in accordance with the relevant regulation.3)
(2) In agreement with the race committee, the organisation shall establish an average annual financial limit on the consumption of raw materials at cost per main meal provided for subscription - food stamps (hereinafter referred to as the "financial limit ') corresponding to the nature of the work and the working regime.
(3) In the supply of semi-finished products, finished meals and processed raw materials from the production plants intended for this purpose, only the purchase price of raw materials consumed for their production is included in the consumption of food preparation raw materials. The other costs associated with the production of the supplier (including its profit) shall be borne by the customer organisation for the cost of its activity as the cost of catering in kind. The supplier invokes the price of the raw materials consumed separately from other items.
§ 17
Prices of meals in catering facilities
(1) The price of food in a restaurant is made up of the purchase price of raw materials, material costs and personnel costs.
(2) To the guests referred to in Article 5 (1) and (2), the organisation shall, in agreement with the racing committee:
(a) main meals at the purchase price of raw materials reduced by the contribution granted (Section 13 (1)) and by the part of the purchase price paid by the organisation (Section 12 (5), second sentence);
(b) complementary meals at the cost of the raw materials.
(3) The organisation shall provide the other diners and organisations with which it has concluded a catering contract with the main and complementary meals at the price set out in paragraph 1.
(4) The organisation may prepare, if it is permitted to do so by operating conditions and if agreed with the racing committee, main meals in more than one financial limit (§ 16) and meals at prices based on the calculated consumption of raw materials and, where appropriate, material and personal costs which it provides to the diners in accordance with paragraphs 2 and 3.
(5) Prepared drinks are sold at retail prices of the raw materials used. Goods sold in the canteen in its unaltered state are sold at retail prices.
(6) During the working shift, the organisation may provide the worker with only one main meal for the amount referred to in paragraph 2. Another main meal in the same shift may be provided by the organisation to the worker for this amount only if his work lasts more than 11 hours. In other cases, it shall provide him with another main meal in one working shift at the price established in accordance with paragraph 1.
§ 18
Reimbursement of meals in another organisation
(1) Organisations whose workers eat in a catering establishment of another organisation or in an establishment of other forms of special-purpose catering shall proceed with the payment of the costs in kind and in kind referred to in Article 12 (3) and the provision of the contribution referred to in Article 13 (1).
(2) The organisation shall provide meals for the boarders of another organisation at the price established pursuant to Article 17 (1), plus, where appropriate, the premium referred to in paragraph 4. In so doing, the invoice shall indicate separately the financial limit, the proportion of the costs in kind and the proportion of the personnel costs and, where appropriate, the premium referred to in paragraph 4.
(3) Reimbursement of costs in kind and in kind from another organisation is part of the proceeds of the activities of the organisation operating the catering business. Budget organisations shall not reimburse each other for these costs.
(4) If the organisation which provides the catering for racing does not agree in the contract forms of participation in the performance of the contract (§ 7 (3)), the organisation that provides the catering for the workers of another organisation may charge a premium of up to 20% of the financial limit on the price of the food formed in accordance with § 17 (1). The premium for this organization is the yield of the catering industry. The budgetary organisation shall pay the premium charged from its budget, the contribution organisation to its budget expenditure and the other organisations from the distribution of their profits.
§ 19
Trade reductions
(1) Suppliers of goods for catering facilities (Section 3) are obliged to provide a trade reduction organisation with the amount and conditions laid down in specific regulations. 11)
(2) The resources raised during the operation of the canteen (buffet) from trade rainfall are used after their creation to cover the personnel costs of the canteen staff and, to the extent specified, as a contribution, provided that they have been reserved in the budget of the canteen for these purposes. The unused part of these funds co-produces profit (paragraphs 1 to 3 of Section 15).

ČÁST III

ACCIDENT AND JOINT CONTROL OF THE REVEAL TRAINING AUTHORITIES
§ 20
The competent authorities of the Revolutionary Trade Union Movement shall cooperate in all measures to develop and supply food and shall exercise social control in accordance with the principles of the Central Council of Trade Unions.

ČÁST IV

COMMON PROVISIONS
§ 21
Replacement meals in restaurant catering facilities
(1) If the organisation cannot provide for racing meals because the nature of the work or the frequent change of workplaces prevent this, it may exceptionally provide for replacement meals for its workers and apprentices [§ 5 (1) (b)] who do not receive board or flat-rate meals according to the rules on reimbursement of travel expenses during the working shift for vouchers in restaurant catering facilities. In addition, the organisation, with the agreement of the Regional Trade Council, shall always conclude a written contract with the restaurant catering organisation for a maximum period of one year.
(2) Replacement meals can only be made on vouchers, which must be at the agreed average price of a warm main meal, which includes both the contribution of the organisation and the share of the price paid by the guest. If the price of the food is higher than the price stated on the voucher, the difference between the eatery is valid.
(3) The voucher may be used only to cover one hot main meal no later than three months after its issue and its use must also be locally restricted. The restaurant catering organisation with which the replacement catering contract was concluded provides at least two types of main meals daily at the price indicated on the voucher. Both Contracting Parties shall be required to carry out a thorough check of the replacement meals, in particular to ensure that the vouchers are used in accordance with this Regulation. The district union council also has the right to social control.
(4) Organisations contribute 2,45 CZK per day to the replacement meals per main meal. The contribution shall be paid by the budgetary organisation from its budget, the contribution organisation from its budget expenditure and other organisations for the cost of its activities.
§ 22
The provisions of Sections 1 to 11, 17 (4) to (6), 19 (1), 20, 21 (1) to (3) and 23 (12) shall apply to catering in production, consumption and housing cooperatives' facilities and to those of the Central Council of Cooperatives and organisations governed by them.
§ 23
The central authorities of the managing organisation which provide for other forms of special-purpose or restaurant catering may, for the purpose of providing catering for the staff of such organisations in their catering establishments, determine whether the conditions of their catering with the relevant Ministry of Finance and the Revolutionary Trade Union Movement are satisfied that these organisations are acting mutatis mutandis under this Regulation.

ČÁST V

TRANSITIONAL AND FINAL PROVISIONS
§ 24
(1) By the end of 1983, the organisation providing for the catering of the catering of the boarders referred to in § 5 (1) and (2) shall bear the personnel costs of one main meal by the end of 1983.
(2) The organisation may, by the end of 1983, also grant a contribution from the Fund of Cultural and Social Needs to personnel costs up to their total amount, less the reimbursement referred to in the preceding paragraph. Paragraph 13 (3) and (4) shall apply mutatis mutandis.
(3) The staff costs which will not be reimbursed under the preceding paragraphs shall be borne by the diners, with the exception of staff employed in the catering facilities, in the amount paid for the main meal. The amount still paid by the boarders shall not be reduced unless the specified financial limit has been reached.
§ 25
By the end of 1983, the organisation shall contribute to catering (Paragraph 21) from the sources referred to in Section 21 (4) to the amount of 1,95 CZK per main meal. In addition, it may, at this time, provide a contribution from the Fund of Cultural and Social Needs to personnel costs up to a maximum of 0,50 CZK per main meal per day under a collective agreement.
§ 26
Organisations shall comply with this Regulation by 31 December 1983 at the latest. Within the same time limit, the organisation shall ensure that any amendments or additions to collective agreements are implemented in agreement with the racing committees.
§ 27
The Decree of the Government of the Czechoslovak Socialist Republic No. 25 / 1974 Coll., on Racing Catering is hereby repealed.
§ 28
This Regulation shall enter into force on 1 January 1983.
Dr Strougal v. r.
1) Purpose of meals means non-public forms of eating, intended for the catering of a defined range of persons (race meals, school meals, apprenticeship meals, menus meals, meals in social and cooperative organisations, meals in the armed forces and corps, constitutional meals, pensioners' meals, meals in health care establishments, recreational facilities, adult education facilities, etc.).
2) Article 360a of the Economic Code. Decree of the Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic and Ministry of Finance of the Slovak Socialist Republic No. 151 / 1978 Coll., on pooling funds of socialist organizations.
3) Paragraph 140 (1) of the Third Labour Code.
4) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), and the Regulations implementing it.
5) See in particular Act No. 120 / 1962 Coll., on the fight against alcoholism.
6) For example, the instruction to pay for the increased prices of food raw materials and semi-finished products in racing catering since 30 January 1982 issued by the Federal Ministry of Labour and Social Affairs, the Federal Ministry of Finance and the Central Council of Trade Unions (F 44-469-4409-180182).
7) Articles 7, 19 (1) (c) and 27 (1) of the Decree of the State Commission on Finance, Prices and Wages No 96 / 1967 Coll., on Reimbursement of Travel, Moving and Other Expenditure, as amended by Decree No 91 / 1982 Coll.
8) Decree of the Federal Ministry of Technical and Investment Development, the State Planning Commission and the State Arbitration of the Czechoslovak Socialist Republic No. 157 / 1976 Coll., on construction schemes.
9) Sections 5, 10, 17, 39 and 54 of the Decree of the Government of the Czechoslovak Socialist Republic No. 161 / 1980 Coll., on the Financial Management of Production Units and Enterprises.
10) Sections 3 and 6 of the Decree of the Federal Ministry of Finance and the Central Council of Trade Unions No. 165 / 1980 Coll., on the Fund of Cultural and Social Needs.
11) Decree of the Ministry of Finance No. 95 / 1967 Coll., implementing Act No. 73 / 1952 Coll., on Turnover Tax, as amended by Decree No. 171 / 1973 Coll. and No. 113 / 1974 Coll.
12) § 267a (a), (b) and (f) of the Labour Code.

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Regulation Information

CitationGovernment Order of the Czechoslovak Socialist Republic No. 127 / 1982 Coll., on Racial Catering
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation19.11.1982
Effective from01.01.1983
Effective until-
Status Valid
The regulation text is for informational purposes only.
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