Decree of the Ministry of Labour and Social Affairs No. 132 / 1968 Coll.
Decree of the Ministry of Labour and Social Affairs amending and supplementing Decree No. 86 / 1967 Coll., regulating workers' redundancy and placement and physical security in connection with the liquidation of inefficient operations and other rationalisation measures
Valid
Effective from 30.09.1968
132
DECLARATION
Ministry of Labour and Social Affairs
of 16 September 1968
amending and supplementing Decree No 86 / 1967 Coll., regulating the redundancy of workers and their placement and physical security in connection with the disposal of inefficient operations and other rationalisation measures
The Ministry of Labour and Social Affairs shall, in agreement with the participating central authorities and the Central Council of Trade Unions and with the agreement of the Government pursuant to § 26 (2) of the Labour Code No. 65 / 1965 Coll., § 13 of the Act No. 70 / 1958 Coll., on the tasks of enterprises and national committees in the labour management sector, § 143 of the Act No. 101 / 1964 Coll., on social security, § 144 of the Act No. 103 / 1964 Coll., on social security of cooperative peasants, § 63 (2) of the Act No. 54 / 1956 Coll., on sickness insurance of employees, and § 11 and 12 of the Act No. 53 / 1968 Coll., on changes in the organisation and scope of certain central organs:
Decree No. 86 / 1967 Coll., which regulates the redundancy of workers and their placement and physical security in connection with the disposal of inefficient operations and other rationalisation measures, is amended as follows:
1.
Scope
(1) This decree provides for the release and movement of workers in connection with the disposal of inefficient operations and other rationalisation or organisational measures and as a result of the application of the prohibition of certain work and workplaces for women, their physical security when moving to, and before, new employment, and their sickness and social security claims.
(2) The Decree applies to:
(a) workers made redundant on the basis of a statement given by socialist organisations *) for the reasons set out in § 46 (1) (a) to (c) and workers made redundant as a result of the prohibition of certain works and workplaces for women (§ 150) shall give notice pursuant to § 46 (1) (e) or an agreement for those reasons pursuant to § 43 of the Labour Code No. 65 / 1965 Coll.,
(b) members of production cooperatives released on the basis of a statement given by the production cooperative or an agreement under cooperative rules *) on grounds corresponding to the reasons for the termination of the contract referred to in paragraph (a) (hereinafter referred to as "workers").
(3) The provisions of Sections 1 (5), 3 (4) to (6) and 4 to 12 also apply to professional soldiers and members of the National Security and Correctional Education Corps released from service on the grounds set out in Section 26 (2) (d) of Act No. 76 / 1959 Coll., on certain service conditions of soldiers.
(4) This decree also applies to members of single agricultural cooperatives and to persons who are not employed and who are not permanently employed in the cooperative, with derogations provided for by the Minister for Agriculture and Nutrition in agreement with the Minister for Labour and Social Affairs.
(5) Benefits resulting from this decree are not granted to workers with whom the employment relationship was untied for other reasons (e.g. for violations of labour discipline).
(6) The benefits of this decree shall be maintained for workers if their employment in a new employment has been cancelled without their fault and in the probationary period. ';
2. Article 3 (1) reads as follows:
"(1) If the organisation releases the worker to whom it has given notice, in agreement with him before the expiry of the period of notice, it shall reimburse him for the average earnings for the unused period of notice. * *) The compensation to this extent shall also be granted by the organisation to the worker, if the employment relationship is unbundled by the agreement and its termination occurs before the date on which the employment would have ended if the worker had been fired on the date of conclusion of the agreement."
3. Article 9 (3) reads as follows:
"(3) The management of pensions shall, at the worker's request, determine his pension from the average monthly earnings recorded on gross earnings for the last 10 or, where applicable, for the last 5 calendar years before the year in which the worker was released, if this average is more favourable to him than the average monthly earnings established under the general rules. ';
(4) Paragraph 12 of the following text is added:
(1) Where reference is made in this Decree to the provisions of the Labour Code, this means, for production cooperatives, the corresponding provisions of the statutes of the production cooperative and the decisions of the Board of Directors of the Association of Production Cooperatives. * * *) The working ratio is that of members of production cooperatives.
(2) If the decree provides for cooperation between organisations and national committees with the authorities of the Revolutionary Trade Union Movement, this is understood to mean the membership of the production cooperatives according to the statutes of the production cooperative.
(3) Entitlements in the field of sickness insurance of members of production cooperatives are governed by the provisions of Section 8 with derogations resulting from Decree No 88 / 1967 Coll., on sickness insurance of members of production cooperatives. '
This decree shall take effect on the day of its publication.
Minister:
Štancež v. r.
*) § 8 of Labour Code No. 65 / 1965 Coll. '
(*) Articles 28 (a) to (c) and 24 of the Articles of Association.
* *) § 275 of the Labour Code, § 30 to 33 of Government Decree No. 66 / 1965 Coll., implementing the Labour Code, and Decree No. 84 / 1966 Coll., providing for derogations for the calculation of average earnings for certain groups of workers.
* * *) Order of the Board of Directors of the Central Association of Production Cooperatives of 21 December 1965 No 754 on the regulation of the employment relations of members of production cooperatives. "
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs No. 132 / 1968 Coll., amending and supplementing Decree No. 86 / 1967 Coll., regulating workers' redundancy and placement and physical security in connection with the disposal of inefficient operations and other rationalisation measures |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.09.1968 |
|---|---|
| Effective from | 30.09.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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