Act No. 143 / 1946 Coll.
Law on the modification of working conditions affected by the consequences of the national revolution
Valid
Effective from 24.06.1946
143.
Law
of 16 May 1946
the adjustment of the working conditions affected by the consequences of the national revolution.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
(1) If the employment relationship arising from the consequences of the national revolution prior to the effectiveness of this Act is effectively terminated in any way because there has been a reasonable suspicion against the employee of a criminal offence under the decree of the President of the Republic of 19 June 1945, No 16 Coll., on the punishment of Nazi criminals, traitors and their helpers, and on extraordinary people's courts, in Slovakia under Regulation No 33 / 1945 Coll. n. SNR on the punishment of fascist criminals, occupants, traitors and collaborators, and the establishment of a people's judiciary, or because an employee had been so serious and justified against himself before 31 December 1945, that it could not be reasonably required to cooperate with them, as it would have been the date of the de facto termination of the law, and even though it could have been abolished under the labour contract only under special conditions or after the special procedure, that it could not be justified that it could not be justified for other employees to be required to cooperate with them, to cooperate with them;
(2) However, if the employment relationship was effectively terminated before the entry into force of this law because it could be assumed in good faith that the conditions laid down in paragraph 1 were given, even though they were not actually given, the employment relationship is regarded as having been legally terminated on the date on which it was actually terminated, even if it could not have been terminated at all or only under special conditions or following specific procedures under the contract of employment. In this case, the salary for the period of notice shall not exceed a maximum of CZK 10,000 per month but not more than three months; In addition, the employee has to make a count of what he has saved by not doing the job, as well as what he has earned by another job or what he has deliberately missed.
(3) Staff members whose employment has ceased pursuant to paragraph 1 or 2 shall not be entitled to the performance agreed upon in the event of termination of employment.
(4) If the employment relationship resulting from the consequences of the national revolution before the entry into force of this Act was effectively terminated in any way without the conditions referred to in paragraph 1 or 2 being imposed, or if, for reasons referred to in paragraph 1, or for similar reasons related to the national revolution, it was otherwise affected (for example, by a holiday, by assigning work on other work, in particular wage or [wage] conditions), the staff member and the employer may request that the arbitration court (§ 2 et seq.) determine the legal consequences of such action. In doing so, the arbitration panel may amend the terms of the contract; If, in the interests of the uninterrupted operation of the plant, the staff member is unable to return to his post, he may, on a proposal from the employer, declare the employment to be terminated in accordance with paragraph 2.
(5) When adjusting the terms of employment referred to in the preceding paragraph, the arbitration panel shall take account in particular of the content of employment contracts of a similar type in other undertakings of the same or related sector and shall determine the rights and obligations of the parties according to the principles of decency and effectiveness. If, under the reorganisation of working conditions, the arbitration panel abolishes an obligation on the employer or declares that the employment relationship has been terminated, it may grant to the staff member adequate compensation, but not more than CZK 30,000.
(6) If the staff member's claims are to be settled in accordance with the provisions of this paragraph, he shall not be entitled to any additional claims against a third party from interference in the employment relationship. A payment made by an employer does not give him regression claims against anyone.
The decision on disputes between the employee and the employer arising from interference in the employment relationship referred to in Article 1, in particular whether the employment relationship is cancelled and on which date, the reorganisation of the working conditions and the entitlement of the employee to compensation (compensation), is solely the competent arbitration court. The application must be lodged within three months of the date on which the arbitration panel commences its activities (Section 3 (3)), otherwise any claims under Section 1 shall cease.
(1) Arbitration courts responsible for decisions pursuant to § § 1 and § 2 are established at the headquarters of the Regional Labour Protection Offices for their Circuits. However, the Minister of Justice is hereby authorised to provide, in an agreement with the Minister for Labour and Social Welfare, by decree in the Collection of Laws and Regulations, that the arbitration court exercises jurisdiction over the perimeter of several district labour protection offices.
(2) The local jurisdiction of the arbitration panel shall be governed by the staff member's post at the time of the intervention at issue in § 1.
(3) The date on which the arbitration panel takes office shall be published by its President in the Official Journal.
(1) The arbitration panel shall consist of the President, his deputy, the number of professional judges required and the alternates of staff and employers.
(2) The President of the Arbitration Court, his Deputy Director and the other professional judges are appointed by the Government, on a proposal from the Minister of Justice, from among the professional judges active in the district of the Regional Labour Protection Office, taking into account their knowledge of labour law.
(3) The associated staff and employers and their alternates shall be appointed by the Minister for Labour and Social Welfare by the associated staff and alternates, on a proposal from the competent authority of the Single Trade Union Movement and by the employer and by the competent authority of the representative of employers.
(4) The acceding arbitration panel may be appointed who:
(a) is a Czechoslovak national citizen,
(b) is over 30 years of age,
(c) is not excluded from entries into permanent electoral lists;
(d) reside in the district of the arbitration panel.
(5) The provisions of this Act on the alternates apply, unless otherwise provided, also to their alternates.
(1) The Minister for Labour and Social Welfare shall, after hearing the competent authority (§ 4 (3)), waive the post of associate arbitration court, if they are no longer members of the interest group from which they were appointed.
(2) The Minister for Labour and Social Welfare will remove the office of the adjudicator's arbitration court if he fails to continue to perform duties or if he is excluded from registration in permanent electoral lists.
(3) The Deputy Arbitration Court may waive office only for important reasons decided upon by the Minister for Labour Protection and Social Welfare after hearing the institution which proposed it.
The Deputy Arbitration Court shall promise once and for all to the President that they will perform their duties to the best of their knowledge and conscience and shall not disclose the official secrets of the deliberations and voting.
(1) The adjudicator of the arbitration panel shall be obliged to appear in time for the hearing and to attend it until the end.
(2) The President of the Chamber shall, on official duty or at the request of the parties, order the associate who has failed to fulfil his obligations under paragraph 1 to pay the costs incurred.
(1) The arbitration panel shall act and act in three-member chambers, composed of the President or his deputy or another professional judge. As chairman of the Senate and of two alternates, one of whom is from among employees and the other from employers. The Chambers shall be drawn up and convened by the President of the Arbitration Court, taking into account that the alternates are, as far as possible, the same or related profession as the Parties.
(2) Exclusion and refusal of the President of the Chamber of the Arbitration Court and of the Judges shall apply mutatis mutandis to the provisions applicable to the exclusion and refusal of the Judge in civil proceedings.
(3) The President of the arbitration panel shall decide on the refusal of the President of the Board of Arbitration, on the rejection of the President of the Board of Arbitration, the President of the Supreme Arbitration Court.
(1) Proposals, complaints and actions may be lodged with the arbitration panel in writing or in a record.
(2) The parties may be represented by agents before the arbitration panel. Any person who is competent to act in a court of law and is not a lender may be a proxy.
(1) The arbitration panel shall bring proceedings, by analogy with the provisions of the civil procedure before the district courts, excluding proceedings in cases of minor nature. Proceedings before arbitration courts are public. The arbitration court has before issuing an arbitration ruling to hear the parties. He can question witnesses and experts and take them into oath. Perjury is punishable as perjury in a court of law.
(2) If a party fails to attend the hearing, the proceedings shall be conducted in its absence. If both sides don't show up, the driving's quiet. That is to be pointed out by both sides of the subpoena.
(3) The principles of the litigation apply to costs.
(4) The courts and public authorities are required to comply with the request of the arbitration panel.
(1) The arbitration panel shall act by a majority vote. The meeting shall take place in the absence of the parties. The President of the Chamber shall vote for the last time.
(2) The decision shall be published by the President of the Chamber of Arbitration in the same hearing. The finding is to contain a statement of reasons and a lesson in appeals. The finding shall be made out in writing, signed by the President of the Chamber and served on the parties within eight days of the date of its publication.
An appeal against the finding of an arbitration panel shall be admissible for procedural defects, incorrect evaluation of the evidence made or illegality to the arbitration panel. A complaint is admissible against the statement on costs. The appeal (complaint) shall be lodged within 15 days of the date of receipt of the finding by the arbitration panel which issued the finding, in two copies.
(1) The High Arbitration Courts are established at the seat of the Land (main) courts. They shall consist of the President, his Vice-President, the number of professional Judges required and those sitting among staff and employers and their alternates.
(2) The President of the Supreme Arbitration Court (Deputy Director) and the other professional judges are appointed by the Government on a proposal from the Minister of Justice.
(3) The Deputy Chief Arbitration Court of Employees and Employees shall be appointed by the Minister for Labour and Social Welfare, the associate from among Employees, on a proposal from the competent authority of the Single Trade Union Movement and the associate from among Employers, on a proposal from the competent authority of the employer's representative.
(4) Paragraphs 4, 4 and 5 and Sections 5, 6 and 7 apply mutatis mutandis.
(1) The High Arbitration Court shall act in a five-member Chamber, composed of the President (Deputy Director), two professional Judges and two alternates, one of whom shall be of staff and the other of employers. Paragraph 8 (1), second sentence, applies mutatis mutandis.
(2) Paragraph 8 (2) shall apply mutatis mutandis to the exclusion and rejection of members of the Supreme Arbitration Court; the President of the Supreme Arbitration Court and the President of the Supreme Arbitration Court shall decide on the refusal of the President of the Chamber and of the other Judges of the Court of Appeal; the President of the Supreme Arbitration Court shall decide on the refusal of the members of staff and employers.
The provisions on proceedings before the Supreme Arbitration Court shall apply mutatis mutandis to proceedings before ordinary courts, unless otherwise specified.
(1) If the appeal has been filed belatedly, the President of the Chamber of Arbitration shall reject it. Otherwise, it shall deliver a copy of the appeal to the defendant, who may submit within 15 days of the date of service of the notice of appeal in two copies.
(2) If the defendant has submitted a notice of appeal or if the time limit for filing it has failed, the President of the Board of Arbitration shall appeal with all the files to the arbitration panel.
(1) The arbitration panel shall act by a majority; The President shall vote for the last time.
(2) The finding shall be made out in writing within eight days, signed by the President of the Chamber and served on the parties.
(3) The findings of the Supreme Arbitration Court are final.
If the arbitration panel considers that the appeal has been lodged for no reason, it shall order the party who lodged it to pay the costs of the arbitration panel in connection with the hearing. These costs will be determined in accordance with the directives issued by the Minister of Justice in agreement with the Minister for Labour and Social Welfare and the Minister for Finance.
The authentic findings of the arbitration courts and of the supreme arbitration court and of the conciliation before them are enforceable judicial execution.
(1) The function of the sitting arbitration panel and the supreme arbitration panel of employees and employers is fair. However, the associate shall be entitled to reimbursement of the final issue and, in the event of a loss of salary (salary). An application for reimbursement shall be made within 15 days of the date of the meeting with the President of the Arbitration Court, after the case of the Supreme Arbitration Court, and shall be final.
(2) Employees are required to give employer time to perform their duties to the acceding arbitration panel and the superior arbitration panel.
(1) The costs of establishing and operating arbitration courts and arbitration courts shall be borne by the State. The remuneration to the Presidents (their Vice-Presidents) and professional judges shall be determined by a directive issued by the Minister of Justice in agreement with the Minister of Finance.
(2) Supervision of the arbitration courts and the arbitration panel is the responsibility of the presidents of the regional courts in whose jurisdiction the seat of the arbitration panel and the arbitration panel is situated. The Ministry of Justice is responsible for the highest supervision in accordance with the provisions applicable to the supervision of ordinary courts.
(3) Office rooms and office staff for arbitration courts shall be provided by the President of the Regional Court, in whose district the arbitration panel is set up and for the Chief Arbitration Courts by the President of the relevant Regional Court.
(1) Proceedings in disputes between an employee and an employer arising from interference in the employment relationship, referred to in Article 1 of this Law, initiated before the date on which this law takes effect and which have not yet been final, are hereby terminated. the costs of the Parties shall be abolished. They will inform the court of the party.
(2) If the contested questions raised between the employee and the employer by interference in the employment relationship referred to in Article 1 have been dealt with, for the reasons set out in paragraphs 1, 1 and 2 of this Law, by conciliation or final judgment before the date on which this law takes effect, a party whose rights or obligations have been regulated by way of derogation from the provisions of Paragraph 1 may request an action before the arbitration panel (§ 2 et seq.) to examine the case and the new decision. The action must be brought within the period laid down in Article 2 of this Law. This provision does not concern the disputed issues which were legally decided in Slovakia under Regulation No 69 / 1945 Coll. SNR.
The provisions of this Act do not apply to persons covered by the Decree of the President of the Republic of 4 October 1945, No 105 Coll., on the Purgatory Committees for the Review of the Activities of Public Employees, as well as to persons covered by the Law of 11 April 1946, No 83 Coll., on the Working Conditions of Germans, Hungarians, traitors and their Agents.
(1) Where the Official Journal is mentioned in this law, in Slovakia this means the Official Bulletin.
(2) The mandates given by this law to the Government are exercised in Slovakia by the Assembly of Authors, authorised by Ministers, by the Ministers in Slovakia in agreement with the respective delegates.
This Act shall take effect on the day of its publication. It shall be implemented by the Ministers for Labour and Social Welfare and Justice in agreement with the Ministers involved.
Dr Beneš v. r.
Fierlinger v. r.
Dr. Unedible v. r.
on behalf of Minister Dr. Šoltésze
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 143 / 1946 Coll., on the modification of working conditions affected by the consequences of the national revolution |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.06.1946 |
|---|---|
| Effective from | 24.06.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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