Decree No. 13 / 1961 Coll.
Ordinance of the Central Council of Trade Unions on the Implementation of Arbitration in Labour Disputes of Civil Servants
Valid
Effective from 01.04.1961
13
DECLARATION
Central Trade Union Councils
of 28 January 1961
laying down directives on the implementation of arbitration in employment disputes between civil servants
The Central Council of Trade Unions, after consulting the Central Authorities (Authorities) and the Regional National Committees, shall, in accordance with Article 30 (1) and (4) of Decree-Law No 120 / 1950 Coll., on the rights and obligations of civil servants, on proceedings concerning their employment and arbitration, as amended by Decree-Law No 12 / 1961 Coll. ("the Government Regulation '):
Composition of arbitration panels
(1) Arbitration commissions have normally 18 to 36 members, in addition to the President and his deputy representatives. The exact number of members of each arbitration panel, taking into account the total number and composition of staff whose disputes are to be resolved by the arbitration panel, shall determine:
(a) the Central Committee of the relevant trade union, if the arbitration panel set up with the Central Office (Authority), is in agreement with that Office (Authority);
(b) the Regional Trade Union Council, when it comes to the Arbitration Committee set up by the Regional National Committee, in agreement with that National Committee;
(c) the Regional Trade Union Council, if the arbitration panel set up by the District National Committee, is in agreement with that National Committee,
(d) the Regional Committee of the relevant trade union, if the arbitration panel set up with another personal office, is agreed with that office.
(2) The Chairman of the Arbitration Commission, its Deputy and half of the members of the Arbitration Committee shall be appointed and removed by the Trade Union Body, which shall determine the number of members of the Arbitration Committee pursuant to the preceding paragraph. When appointing the Chairman and Deputy Arbitrators of the Arbitration Committees set up by the Regional and Regional National Committees, care should be taken to ensure that one of these functions is filled by the Office of the Union of Workers of State Bodies, one is the official of the Union of Workers of Education, Science, Art and Press, one is the official of the Union of Workers in Health and one is the official of the Union of Workers of Agriculture and Forestry.
(3) The other half of the members of the arbitration panel shall be appointed and removed by the office (body) with which the arbitration panel is set up in such a way that all categories of staff whose disputes are to be addressed in the arbitration panel are represented. In addition, he shall appoint one of his staff as secretary of the arbitration panel. The Secretary is not a member of the Arbitration Committee. It is responsible for ensuring compliance with the obligations arising from the implementation of the arbitration procedure for the Office (body) with which the arbitration panel is established (Section 32 of the Government Regulation).
Selection of members of arbitration panels
(1) Members of arbitration committees must be selected by politically advanced staff with adequate experience and knowledge.
(2) The Regional (Regional) Trade Union Council shall appoint the President, its Deputy and other members of the Arbitration Committee on a proposal from the Regional (Regional) Committees of the relevant trade unions. In doing so, he shall ensure that the members of the Arbitration Committee set up by the Regional National Committee are not members of the Bureau of the Regional Trade Union Committee to decide on appeals brought against the decisions of the Arbitration Committee.
(3) The institution (office) which has appointed a member of the Arbitration Commission (Chairman, Deputy Director) shall issue it with a certificate of its membership of the Arbitration Commission and shall at the same time inform its official office of its appointment with an invitation to enable it to carry out all its obligations under the Arbitration Commission.
Jurisdiction of arbitration panels
(1) It is for the Arbitration Committees to decide
(a) disputes concerning the termination of an employment relationship, whether by a statement given by an employee or by an authority (s), the termination of an employment relationship without notice or the termination of an employment relationship by agreement;
(b) disputes concerning transfer, transfer to another employment group or another branch of government;
(c) disputes concerning work release.
(2) Where the subject-matter of the dispute referred to in the preceding paragraph is related to salary entitlements, the arbitration panel shall also be entitled to decide on the staff member's proposal.
Chambers of arbitration committees
(1) The Arbitration Commission shall discuss and decide individual complaints in three-member chambers whose work is managed by the Presidents of the Chamber (Section 30 (3) of the Government Regulation).
(2) The Arbitration Committee shall discuss and decide on individual complaints with the Regional and District National Committees
1. in the Chamber of State Authorities, if there is a complaint from the staff of the State bodies and establishments administered by the national committees, with the exception of the establishments referred to in points 2 to 4,
2. in the Chamber of Education, if there are complaints about complaints from staff in education, science, art and press,
3. in the Health Chamber, if there is a complaint from health workers,
4. In the Chamber of Agriculture, if there is a complaint from the workers of agricultural, veterinary and forestry establishments.
(3) The President of the Chamber shall be appointed by the President of the Arbitration Commission or by his representative. In the arbitration committees set up with the national committees, its President and its Deputy Chairperson of that Chamber, who are to deal with complaints from the members of the staff of the trade union of which they are members, shall perform their functions as members; If, for serious reasons, one of them is unable to perform this function, he may entrust to another member of the arbitration panel belonging to the same trade union for a period of time.
(4) The President of the Chamber shall appoint other members of the Chamber for the consideration of individual complaints, from among the members of the arbitration panel appointed by the trade union body from among the members of the relevant trade union and from among the members appointed by the office (s) with which the arbitration panel was set up.
(5) When selecting the members of the Chamber, account shall be taken of the fact that at least one of the members of the Chamber is from the same place of work as the complainant or that he is at least performing the same or similar work. Furthermore, care must be taken to ensure that a person is not a member of the Chamber who, in view of his or her relationship with the case or with the parties at issue, is in doubt about his or her unbiased nature.
Submission of complaints
A complaint to the arbitration panel shall be lodged in duplicate. The Office with which the arbitration panel is set up shall arrange for a complaint lodged with the arbitration panel to be served without delay by the Secretary of that panel. The Secretary of the Commission shall promptly forward the complaint to the President of the Chamber to discuss the dispute (Paragraph 4 (1)), send a copy of the complaint to the Office (Authority) whose decision the complaint is directed against and request it to submit the file material relating to the subject matter of the dispute. If the complaint has been lodged only in one copy, it shall arrange for the acquisition of its copy for the use of that office.
Preparatory action
The President of the Chamber, who is to discuss the case, shall, after examining the complaint, carry out either himself or order a member of the Chamber to carry out the necessary inquiries, request further file documents, hear the persons who may contribute to the clarification of the case, etc. These preparatory measures need to be accelerated as far as possible so that the decision on the complaint is taken no later than 30 days after its submission.
Preparation of oral proceedings
(1) Once the matter has been sufficiently clarified in the preparatory proceedings, the President of the Chamber shall determine when the complaint shall be heard by the Chamber and shall ask the Secretary of the Commission to invite him to the hearing on a specified date.
(a) other members of the Chamber,
(b) the complainant,
(c) the representative of the Office against whose decision the complaint is directed;
(d) a representative of the basic organisation ROH established for the employee's workplace;
(e) where necessary, persons who may contribute to the clarification of the facts.
(2) At the same time, it shall ask the Secretary of the Commission to provide an appropriate room for the conduct of oral proceedings, if it is efficient and economical, or directly at the complainant's place of work, to write down the minutes of oral proceedings and their results.
(3) Oral hearing of the complaint shall be public unless the proceedings are the subject of facts which must remain confidential in the general interest.
Participation of the staff member in oral proceedings
(1) The staff member who lodged the complaint must be present at the oral hearing in person and therefore an invitation to the hearing must be served on time. In his absence, the complaint may be decided only if he has given his prior consent; If no agreement is given, the negotiations shall be postponed for a reasonable period of time. If, at the request of the arbitration panel, a staff member fails to appear at the request of the arbitration panel, without giving a valid reason or delay, the arbitration panel may also decide in its absence.
(2) An employee may be represented in front of an arbitration panel exceptionally if he is unable to attend the hearing for a disease or other important obstacle or if he is unable to express himself clearly. The representative of the staff member may be his co-staff member or a member of his family and must be declared in writing in full.
Oral proceedings
(1) The deliberations of the Arbitration Committee shall be initiated by the President of the Chamber or by a member appointed by him in a brief manner. It shall then invite the complainant to justify its complaint in more detail, after which the representative of the competition committee of the complainant's place of work and the representative of the authority (authority) against which the complaint is directed, to compare the data of those persons with the documents submitted and, if necessary, to other persons who could help clarify the facts relevant for the correct assessment of the dispute. With the agreement of the President of the Chamber, the other members of the Arbitration Committee may also ask questions and actively act to ensure that all relevant facts are clarified as best as possible.
(2) During the course of the negotiations, the Arbitration Commission is to endeavour to conclude a settlement between the parties at issue, which would be resolved fairly in accordance with the provisions in force. A minutes shall be drawn up on the conclusion of the conciliation, specifying the exact content thereof, together with the addition that the conciliation has been approved by the arbitration panel. A settlement thus approved has the effect of a final decision. The minutes of the settlement shall be signed by the President of the Chamber and by the two parties at issue. Before submitting the minutes of the Conciliation to them for signature, the President of the Chamber shall read the minutes and explain their content. A copy of the conciliation note shall be delivered to both parties.
(3) If this is necessary to clarify the matter, in particular for the purpose of other documents, expert opinions or the hearing of other persons, the arbitration panel may postpone the hearing for as short as possible.
Decision
(1) If there is no reconciliation, the arbitration panel will decide on a complaint in a private meeting. If the staff member so requests, he shall also decide on his salary claims relating to the subject of the dispute. If the arbitration panel considers the complaint to be unfounded, it shall reject it and confirm the decision against which it was brought. If they find that the decision against which the complaint has been lodged is contrary to the rules in force or that the requirements laid down therein, in particular the cooperation of trade unions, are not complied with, the contested decision shall be annulled.
(2) At the end of the private meeting, the President of the Chamber shall declare a decision of the Arbitration Committee, stating briefly the reasons and informing both parties of the possibility of appeal against that decision. The written decision of the Arbitration Committee, stating the reasons for and the instructions on the appeal, signed by the President and one member of the Chamber, shall be served on both parties within 8 days. Service shall be provided by the Secretary of the Commission, in respect of the staff, so that the decision is delivered to him in his own hands.
Minutes of oral proceedings
A brief but concise minutes shall be drawn up of the oral proceedings, of the conclusion and content of the settlement, of the decision given by the arbitration panel and of the reasons therefor, by the Registrar designated by the Secretary of the Panel in agreement with the President of the Chamber and the Office with which the arbitration panel is set up, from among the staff of that office. The minutes shall be signed by the President of the Chamber and the Registrar.
Appeals
(1) The appeal must be lodged within 15 days of receipt of the written copy of the decision of the arbitration panel. The Secretary of the Arbitration Board shall inform the President of the Chamber against whose decision the appeal has been lodged and send an appeal with the entire file material to the body to decide on the appeal (§ 36 (2) of the Government Regulation).
(2) The Bureau of the Central Committee of the relevant trade union shall decide on the appeal against the decision of the Arbitration Committee set up with the Central Office (authority). The President shall first discuss the appeal with the head of the central office (authority) concerned and then submit it to the Bureau of that central committee for consideration and decision. It shall invite the staff member, the authorised representative of the Office (institution) against whose decision the complaint was directed and the representative of the arbitration panel against which the decision was appealed.
(3) The appeal lodged against the decision of the Arbitration Committee set up by the Regional National Committee shall be decided by:
(a) if there is a complaint lodged by a Regional National Committee worker, the Regional Trade Union Committee of State-owned employees,
(b) if a complaint is lodged by a member of an establishment of the Regional National Committee, the Regional Committee of the trade union in which the workers of that establishment are organised by trade unions.
The President of the Regional Trade Union Committee to decide on an appeal shall first discuss the appeal with the Chairman of the Regional National Committee and then submit it to the Bureau of the Regional Committee for consideration and decision. It shall invite the staff member, the authorised representative of the Regional National Committee and the representative of the Arbitration Committee against whose decision an appeal has been lodged to discuss the appeal within the Bureau.
(4) In other cases, the appeal shall be decided by the arbitration panel set up with the authority (s) directly superior. The arbitration panel shall, however, discuss and decide on an appeal in a five-member Chamber, which shall be drawn up in such a way that the President of the Board of Appeal shall appoint two of the members of the arbitration panel appointed by the trade union body from among the members of the trade union and two of the members appointed by the Office (body), in which the arbitration panel to decide on the appeal shall be set up. The representative of the arbitration panel against which the decision has been appealed shall also be invited to the oral hearing. Otherwise, the same applies to the way in which complaints are dealt with and to the decisions on appeals.
(5) Also, when discussing appeals, care must be taken to ensure that the dispute is brought to an end by conciliation as far as possible. If no reconciliation is reached, the appeal body shall decide in private consultation. The decision of appeal shall then be published by the President of the institution with a brief statement of reasons. The original of this Decision, together with the reasons therefor, must be served on both parties.
This decree shall take effect on 1 April 1961.
Chairman of the Central Council of Trade Unions:
Zupka v. r.
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Regulation Information
| Citation | Decree of the Central Council of Trade Unions No. 13 / 1961 Coll., which issues directives on the implementation of arbitration in labour disputes of civil servants |
|---|---|
| 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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