Government Decree No. 14 / 1945 Coll.
Regulation declaring the inapplicability of certain provisions on work management and emergency services and repealing the working conditions resulting from the order (deployment)
Valid
Effective from 27.06.1945
14.
Government Regulation
of 4 June 1945
declaring the inapplicability of certain provisions on labour management and emergency services and repealing the working conditions resulting from the command (deployment).
With the consent of the President of the Czechoslovak Republic, the Government hereby orders, pursuant to § 138, paragraph 1 of the Act of 13 May 1936, No 131 Coll., on State Defence:
Government Decree of 4 May 1942, No 154 Coll., which makes certain measures relating to the management of work, as well as the Emergency Service Regulation of 25 November 1939, Věstn. proc., p. 354, as amended, is amending and complementary to that which is not applicable.
Entitlements acquired by persons assigned to work or called for emergency services and their survivors under the above rules shall remain unaffected. In particular, the entitlements of the mandated staff on wages, paid leave, compensation for paid leave and reimbursement of travel expenses (§ § 9, 11 to 13 of Decree-Law No 154 / 1942 Coll.), as well as other claims of persons called to the emergency service, provision, maintenance for the family, reimbursement of travel expenses and other compensation for them.
An employment relationship resulting from an order to work shall cease within eight days of the date of application of this Regulation, unless an employee's application has been converted into a regular contractual employment relationship (§ 4) or its duration has been extended by the employer (§ 5).
(1) A staff member may, within eight days of the date of application of this Regulation, notify his current employer that he intends to remain in the required post. Any employer's objections, which need to be submitted no later than eight days after the staff member has made the notification, shall be decided by the competent county labour protection office. The submission of objections shall not have suspensory effect. This decision is final.
(2) If the employer agrees to the decision of the staff member to remain in the mandated post, or if the district labour protection office rejects the employer's objections, the employment relationship resulting from the order shall be changed to a proper contractual employment relationship from the ninth day following the effective date of this Regulation. This will terminate the contractual employment relationship which lasted at the time of issuing the order notice and was not untied before the application of this Regulation.
(1) If there is a risk that the immediate departure of the staff member, in respect of the work ordered, would suffer the proper running of the plant, thus putting at risk the public interest, in particular the nutrition of the population, the employer may, within eight days of the effectiveness of this Regulation, request the district labour protection office to keep the staff member in place for a transitional period.
(2) In these circumstances, the County Labour Protection Office may grant the application if it is to be fairly required by the staff member to remain in the prescribed employment relationship.
(3) If the district office conforms to the protection of the work of the employer, it shall specify the period for which the employment is to last and shall require the employer to take care of compensation for the staff of the employer within the same period.
(4) If the conditions under which the employer's application has been granted change, the district labour protection office may cancel the decision on the application of the employee or employer even before the expiry of the specified period.
(1) A staff member whose employment as a result of an order has ceased to exist shall be entitled to return within seven days of his death to the post in which he was employed at the time of the commandment, unless such employment has been unbundled before the application of this Regulation. The duration of the work ordered shall be considered as the period of employment in the former post. If the returning staff member has not received full annual leave in the current year, he shall be entitled to a proportional leave after a continuous two-month period of employment in the current calendar year in the establishment to which he returned.
(2) If a staff member has not entered an earlier employment within the time limit laid down in paragraph 1, his former employment shall be deemed to have been untied, unless his early employment is prevented for an important reason without his fault. In this case, the employer must be informed in due time.
(3) The provisions of paragraphs 1 and 2 apply mutatis mutandis to workers who have been called for emergency services.
This Regulation shall enter into force on the day of its publication and shall apply in the Czech and Moravian-Silesian countries; they shall be carried out by the Minister for Labour and Social Welfare in agreement with the ministers involved.
Fierlinger v. r.
Gottwald v. r.
Broad v. r.
Dr Šrámek v. r.
Ursines v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr Stránská v. r.
Kopecký v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Hala v. r.
Dr Šoltész v. r. o.
Majer v. r.
Lt-Gen Ferjenčík v.r.
Lichner v. r.
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Regulation Information
| Citation | Government Decree No. 14 / 1945 Coll., declaring the inapplicability of certain regulations on work management and emergency services and the abolition of working conditions arising from the command (deployment) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.06.1945 |
|---|---|
| Effective from | 27.06.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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