Decree No. 143 / 1980 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on regulating wage resources and remuneration
Valid
Effective from 01.01.1981
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143
DECLARATION
Federal Ministry of Labour and Social Affairs
of 1 October 1980
on the regulation of wage resources and pay for work
The Federal Ministry of Labour and Social Affairs provides, pursuant to § 43 (1) of Act No. 133 / 1970 Coll., on the competence of federal ministries, in agreement with the State Planning Commission, the Federal Ministry of Finance, the Ministry of Labour and Social Affairs of the Czech Socialist Republic, the Ministry of Labour and Social Affairs of the Slovak Socialist Republic, the State Bank of Czechoslovakia and the Central Council of Trade Unions:
Preliminary provisions
(1) The regulation of wage resources and the application of systems for the remuneration of workers serve as an important tool in the allocation of national income in accordance with the national economic development plan (hereinafter referred to as the "State Plan"), depending on the active participation and participation of workers in social work.
(2) These objectives are based on the tasks of the State Plan and on the wage programmes which determine the objectives of wage differentiation, the improvement of the way in which wage resources are directed, the improvement of the efficiency of wage systems and the improvement of wage control. Collective contracts are also used to implement wage schemes and ensure the development of wage resources in accordance with the state plan.
Scope
(1) This decree applies to socialist organisations, production units or similar organisational forms, even if they are not socialist organisations, 1) and to government bodies and other management bodies, unless otherwise specified.
(2) Social organisations, with the exception of their undertakings and economic establishments, shall not be subject to the provisions of Part Two to the Sixth Order, but shall be subject to their provisions concerning the tasks of the authorities responsible for those undertakings and establishments. The provisions of Part Two to Part Six shall not apply to the Revolutionary Trade Union Movement.
(3) For cooperative organisations of cooperative cooperatives and their superior bodies, the regulation of wage resources and pay of work shall, mutatis mutandis, be adapted in accordance with the provisions of Part Two to the Sixth Order of the Association of Cooperatives in an agreement with the Ministry of Labour and Social Affairs of the Czech Socialist Republic or the Ministry of Labour and Social Affairs of the Slovak Socialist Republic (the "competent Ministry of Labour and Social Affairs of the Republic ') and in an agreement with the Federal Ministry of Labour and Social Affairs.
(4) For agricultural cooperative organisations, the regulation of wage resources and the remuneration of their members shall, mutatis mutandis, be regulated in accordance with the provisions of Part Two to the Sixth Federal Ministry of Agriculture and Nutrition in an agreement with the Federal Ministry of Labour and Social Affairs. (2) The provisions of part three to six shall apply only to those organisations in respect of workers in employment relationships.
(5) For production units and similar organisational forms (hereinafter referred to as the "production economic unit ') under the responsibility of the central authorities of the Czech Socialist Republic or the Slovak Socialist Republic, if they are constituted by socialist organisations in the territory of both Republics, the method of applying the provisions of Part Two of the Order shall be laid down by the competent Ministry of Labour and Social Affairs of the Republic in agreement with the Federal Ministry of Labour and Social Affairs.
(6) For the purposes of this decree:
(a) the organisation in the provisions of the Order governing the regulation of wage resources, the production unit and the socialist organisation, if they do not constitute the production economic unit, and other provisions of the Decree of the Socialist organisation;
(b) an economic organisation an economic unit, a state economic organisation, if it does not constitute an economic unit, a foreign trade undertaking, a cooperative with the exception of a housing cooperative, a cooperative undertaking, an undertaking and an economic establishment of a social organisation and another organisation, provided that it operates under similar principles as a state economic organisation;
(c) another organisation, in addition to a state organisation, shall operate mutatis mutandis in accordance with the principles applicable to budgetary organisations;
(d) a contribution organisation of an organisation which manages, under the budget involved in the financial relationship (contribution or contribution), the national budget, the national committee or another budget;
(e) by a superior authority, the authority which directly or through another body manages the organisation in its field of competence and, in the case of an organisation within the competence of the national committees, the competent management and higher national committee;
(f) Central Authority of the Central Government, Regional National Committee, National Committee of the City of Prague, National Committee of the Slovak Socialist Republic, Bratislava, 3) The Central Board of Cooperatives, the Association of Cooperatives, the Central Body of the Social Organisation, the Central Committee of the National Front and another body (organisation) which performs the tasks of the Central Authority.
(7) The provisions of this Decree, which apply to contributory organisations, also apply to housing cooperatives.
WAGES
(1) Wages are all the means used by organisations to pay for work or to spend in direct connection with the work and similar activities of natural persons. They include the means from which organisations pay
(a) wages and compensation of wages provided on the basis of employment and similar services provided on the basis of employment and membership;
(b) remuneration for work and, where appropriate, similar transactions, provided on the basis of relationships other than work, teaching, service and membership;
(c) the amounts reimbursed by the organisation to another organisation to cover the transactions referred to in (a) and (b);
(d) amounts corresponding to basic salaries [paragraph 2 (a)] in cases where apprentices, adolescents during the period of preparation for work and in economic organisations of persons who are not legally related to the organisation (for example, members of military departments, persons from rehabilitation facilities, workers from foreign organisations, etc.) are engaged in the organisation of work managed or secured by the organisation by means of work (labour value); for professional development work, the wage value of the work shall include the amount corresponding to the other components of the salary [paragraphs 2 (b) to (f)] and the compensation of the salary, with the exception of compensation for the holiday salary.
(2) Salaries provided on the basis of employment include:
(a) basic wages (time wages including personal salaries, duty wages, share wages, mixed wages);
(b) additional fees and wage supplements and other similar transactions;
(c) personal evaluation;
(d) bonuses and rewards (performance and exceptional remuneration, cash remuneration for results obtained on the basis of the development of the labour initiative and other types of remuneration under the special regulations); 4)
(e) shares in the economic results;
(f) in kind benefits which are granted as part of the salary or, where appropriate, cash compensation for them.
(3) The remuneration for work and similar transactions referred to in paragraph 1 (b) shall include:
(a) remuneration for work under non-employment employment agreements;
(b) remuneration for work (activity) provided under special regulations similar to remuneration on the basis of employment legal relations (for example, remuneration to civil defence chiefs, remuneration to racing practitioners, remuneration to residents of social services institutions for the operation of the Institute, remuneration to voluntary care workers, etc.);
(c) remuneration and compensation for the performance of public functions (activities);
(d) rewards for discoveries, inventions, improvements, designs, solutions for thematic tasks and similar rewards;
(e) remuneration under copyright rules;
(f) remuneration for results obtained on the basis of the development of an initiative for workers provided to persons who are not in the organisation of a work, teaching, service or membership relationship (for example, cash remuneration provided in connection with the award of an honorary title, cash remuneration provided to the best collectibles and individuals in competitions of national committees, etc.);
(g) remuneration (cash prizes) from public and narrower competitions and public promises;
(h) wage compensation and similar transactions under special rules.
(4) The organisation shall not be obliged to pay the performance referred to in paragraph 1 (a) and (b) if it is reimbursed from the wage resources of another organisation; if they are paid out of wage resources, they shall be excluded when the amount reimbursed is received.
(5) Where an organisation provides the transactions referred to in points (a) and (b) of paragraph 1 under the Czechoslovak provisions and pays them in a currency other than the Czechoslovak currency, it shall pay the amounts set out in the Czechoslovak currency under those rules from the means of payment; where it provides services under other regulations or agreements, it shall pay the amounts set out in the Czechoslovak currency from the means of payment and, if not fixed, the amounts converted into the Czechoslovak currency.
(6) It shall not, by means of wage resources, pay-based services provided to persons who are not wages, compensation for wages or benefits referred to in points (a) and (b) of paragraph 1, even if they relate to work and similar activities (such as recruitment and job change allowances, apprentices' and adolescents' monthly remuneration, scholarships and study allowances, assistance and allowances from special funds and funds, sickness and social security benefits, compensation for expenses and damages, foreign service allowances, etc.).
(1) Salary appropriations are included in the costs of organisations other than wages and similar transactions to be paid in economic organisations from the remuneration fund (Section 13) established under specific regulations.
(2) The means of payment of remuneration, performance and amounts referred to in Article 3 (1) (b) and (c) are included in the other personnel costs of organisations.
CORRECTION OF WAGES
Binding wage limits
(1) The level of the organisation's wage resources is defined for each year by binding wage limits (hereinafter referred to as "binding limits") in the five-year national and economic plans, unless otherwise specified in the tasks for the establishment of State plans. The binding limits are:
(a) the standards determining the proportion of wage resources to the results of the activity expressed by the specified indicator (the decisive indicator) or the change of that proportion from the starting state;
(b) absolute limits determining directly the volume of wage resources or its change from the initial state.
(2) If binding limits are not provided for in the State Plan, they shall be determined by the Central Authority in agreement with the relevant Ministry of Labour and Social Affairs.
(3) The authorities concerned shall allocate the amount of wage resources resulting from the mandatory limits set out in the State Plan for Economic Organisations to the basic and incentive component under the agreement of the Central Authority with the competent Ministry of Labour and Social Affairs or under the guidelines of that Ministry, in proportion to:
(a) ensure effective stimulation of efficiency and other qualitative results of the organisation's activities; and
(b) take into account the wage structure (in particular the proportion of the tariff and overtariff part) and its anticipated changes; the incentive component must correspond to at least 15% of the wage resources for each organisation.
(4) For economic organisations, the superior bodies shall determine the standards or absolute limit of the basic component of wage resources, the absolute limit of the incentive component of wage resources and the binding limits of the decisive indicators and conversion rates; the standard of the basic component and the absolute limit of the incentive component of the wage resources shall also be determined by conditional indicators.
(5) For budgetary and contribution organisations, the superior authorities shall set an absolute wage limit.
(6) For the establishment of economic plans, the superior authorities shall set binding tolerance limits within which they may, without amendment to the five-year plan, reduce or increase the mandatory limits set for each year in the annual plans.
(7) The method for establishing the binding limit (paragraph 1), including the type and method of application of the determined decisive indicators and conversion rates (paragraph 4), cannot be changed during the five-year period.
(8) On the basis of the binding limits and the decisive indicators and the conversion rates set out therein, the supervisory authorities and the organisation shall draw up wage plans (Section 9) which are part of their economic plan.
Binding limits on the basic component of wage resources
(1) The competent authorities lay down the standard for the basic components of the wage resources for economic organisations, which are encouraged in accordance with the objectives of the State Plan to increase production and services by increasing labour productivity. (5) other indicators may be used when establishing the normative action plan or when expressing better the complexity of the activity in question for the quantity of work and its competence.
(2) As regards the standard of the basic component of wage resources, the superior bodies shall determine the indicators which characterise the main tasks in kind of the economic plan. in the event of failure to comply with them, the basic component of wage resources may not be increased depending on the overrun of the planned amount of the determining indicator (paragraph 1).
(3) The conversion rates to the standard of the basic component of wage resources shall be determined by the superior authorities in such a way as to express the ratio in which the planned volume of the basic component is converted without other personnel costs when the planned amount of the determining indicator is exceeded and not met. The conversion rates shall be determined by the authorities
(a) for exceeding the indicator at a lower numerical value than one in such a way as to make it less difficult for organisations to accept and exceed a low-progressive plan;
(b) for non-compliance with the indicator, a numerical value of one.
(4) The competent authorities set an absolute limit on the basic component of the wage resources for economic organisations for which:
(a) there is no interest in increasing production and services;
(b) do not express the organisation's adjusted performance or other decisive indicator of the complexity of the activity in question for the quantity of work and its competence.
(5) In addition to the absolute limit of the basic component of wage resources, the superior authorities shall determine the organisation's own performance as a decisive indicator, in the absence of which the planned volume of that component is reduced without other personnel costs. The competent authorities may provide for other decisive indicators if they are based on them when establishing the standard in the State Plan or if they express better the complexity of the activity concerned for the quantity of work and its qualification. If the adjusted performance or other indicator does not express this intensity, the decisive indicator shall not be defined.
(6) The conversion rates to the absolute limit of the basic component of the wage resources shall be determined by the superior authorities only when determining the determining indicator, so as to express the ratio in which the planned volume of the basic component is recalculated without other personnel costs in the absence of the planned amount of the determining indicator. The conversion rates shall be set by the authorities' superiors at the number one; a lower figure than one may determine the conversion rates if it is particularly interested in reducing the number of workers.
(7) A decision-making indicator other than that underlying the standard in the State Plan (paragraphs 1 and 5), the conditional indicators (paragraph 2) and the numerical value of the conversion rates (paragraphs 3 and 6) shall be determined by the superior authorities in accordance with the Directives of the relevant Ministry of Labour and Social Affairs or, if the Directives are not issued, by agreement of the superior central authority with the competent Ministry of Labour and Social Affairs and by the relevant Planning Commission. In the case of project, engineering and economic organisations, research and development bases, senior bodies shall determine another determining indicator, subject to indicators and numerical value of the conversion rates according to the guidelines of the Federal Ministry for Technical and Investment Development or, if the directives are not issued, under the agreement of the superior central authority with that Ministry and with the relevant Ministry of Labour and Social Affairs; It shall, mutatis mutandis, establish standards or an absolute limit on the basic component of wage resources for such organisations.
Absolute limit of wage incentive component
(1) The authorities responsible shall set the incentive component of wage resources at an absolute limit
(a) a decisive indicator that characterises the efficiency and other qualitative results of the organisation's activities and the satisfaction of social needs; according to the amount of this indicator taken into the economic plan and its performance, the volume of the incentive component of wage resources increases or decreases;
(b) conditioning indicators which characterise the main substantive tasks of the economic plan; if they are not met, the volume of the incentive component of wage resources cannot be increased depending on the exceeding of the plan of the determining indicator;
(c) the conversion rates to be applied together with the determining indicator.
(2) The competent authorities shall, depending on the nature of the activities of the organisations, apply the profitability towards the production funds (5) or the profitability towards production factors or indicators expressing the efficiency of exports or other indicators, provided that they better express the efficiency and other qualitative results of the organisation's activities and the satisfaction of social needs.
(3) The conversion rates to the absolute limit of the incentive component of wage resources shall be determined by the supervisory authorities in such a way as to express the ratio in which the volume of that component increases or decreases, depending on changes in the level of the determining indicator in percentage. The conversion rates shall be determined by the authorities
(a) to take a higher indicator into the annual economic plan against the five-year plan or, where appropriate, to the tasks for drawing up the annual plan, a figure of one;
(b) for exceeding the planned amount of the indicator by a figure of less than one;
(c) for taking the lower indicator into the annual economic plan against the five-year plan or, where applicable, the tasks for drawing up the annual plan and for failing to fulfil the planned indicator amount, up to a threshold of 3%, by a figure of one and, from that limit, by a figure increased in two stages so that the incentive element ceases to exist if the indicator amount in the plan falls by 15% or if the planned indicator amount is not met to the same extent.
(4) The provisions of the preceding paragraph apply mutatis mutandis when determining the conversion rates for the establishment of a five-year economic plan.
(5) The decisive and conditional indicators (paragraphs 1 and 2) and the numerical value of the conversion rates (paragraph 3) shall be determined by the superior authorities by analogy in accordance with the provisions of Paragraph 6 (7).
Breakdown of wage reserves
(1) In establishing the binding limits, the competent authorities create a breakdown reserve in the wage plan to cover the need for wage resources (e.g. due to adverse climatic conditions and natural disasters, additional tasks, the implementation of certain wage measures, etc.) which cannot be included in those limits. The roster reserve shall be created by senior bodies without prejudice to the coverage of this need so as not to weaken the material involvement of the staff of organisations.
(2) The size of the breakdown reserve is determined by the difference between the volume of wage resources resulting from the mandatory limits established by the superior body for organisations within its field of competence and the volume resulting from the mandatory limits established by the superior body for those organisations. Where the creation of the breakdown reserve in the wage plan of the other parts of the economic plan is concerned, it shall also be reflected in those parts of the plan.
(3) The competent Ministry of Labour and Social Affairs may, if the superior authorities do not comply with the provisions of paragraph 1, set a lower or upper limit for the size of the breakdown reserve and, where appropriate, both. Where boundaries are established, the superior authorities shall establish a breakdown reserve of at least the lower limit and shall not exceed the upper limit when creating the reserve.
(4) The breakdown reserve is used for an additional breakdown or may be tied to the benefit of organisations. However, the competent authorities may not use the supplementary breakdown reserve or tie it up if this would mask the shortcomings in the organisation's activities.
(5) The tied roster reserve shall not be used until the reasons for which it was bound have been waived. However, the competent authorities may use the tied reserve for an additional breakdown to the organisations for which they tied the reserve.
(6) Organisations may create and use the roster reserve mutatis mutandis, in accordance with the provisions of paragraphs 1 to 5, when classifying binding limits to lower levels of management (hereinafter referred to as "the organisational unit '). The breakdown reserve shall not be reduced by the organisation by the amount of wage resources allocated to each quarter or month. Similar procedures may also be applied by organisations within their organisational units.
(7) The competent authorities and organisations shall keep a record of the creation and use of their reserves.
Organisation wage plan
(1) The annual volume of the basic component of wage resources corresponding to the binding limit shall be allocated by the economic organisation in the annual wage plan to the basic component without other personnel costs and other personnel costs and shall further be allocated to each quarter. For the same periods, the economic organisation shall divide the annual volume of the incentive component of wage resources corresponding to the absolute limit, as well as the planned annual amount of the decisive and subordinate indicators; define separately the planned amount of funds for shares in economic results. When allocating wage resources for each quarter, organisations shall take into account factors affecting the need for wage resources for the relevant quarter.
(2) The annual volume of wage resources corresponding to the binding limit shall be allocated by the budgetary and contribution organisations in the annual wage plan to wage resources without other personnel costs and to other personnel costs and shall further divide both parts into each quarter. When allocating wage resources for each quarter, organisations shall take into account factors affecting the need for wage resources for the relevant quarter.
(3) The organisation's wage plan drawn up in accordance with paragraphs 1 and 2, including amendments (Section 10), is confirmed by the superior authority. The validated plan is the basis for checking compliance with the mandatory limits during the implementation of the plan. The competent authority shall not validate the annual wage plan of an organisation which does not comply with the binding limits and overall objectives of the State Plan or whose indicators are not correctly allocated over each period of the year.
(4) The validated wage plan, which contains indicators for checking compliance with the mandatory limits, broken down by period of the year in an increasing manner, shall notify the economic and contribution organisations to the competent authority of the Czechoslovak or other monetary institution with which they are related (hereinafter referred to as "the bank ') no later than 10 calendar days after the end of the period for which the check is carried out; they also notify the wage plan resulting from the confirmed change (Section 10).
Changes to the wage plan
(1) The level of the binding limits, including the level of the relevant indicators, coefficients and, where applicable, other quantitative dependencies, and the resulting volume of wage resources, as well as their breakdown per component and for each period of the year, may be changed to the last day of the period covered by the amendment, unless otherwise specified by a specific regulation or by the competent authority. Where changes to the wage plan of the other parts of the economic plan are concerned, they shall also be reflected in them.
(2) If, after the approval of the State plan for the year in question, the planned level of the determining indicator is changed, the economic plan shall be changed only in proportion to the rate resulting from the conversion rates applicable for the overrun or failure of the plan. A central authority may provide for a derogation for economic organisations and their senior bodies in its field of competence.
(3) The competent authorities and organisations shall keep records of changes to the wage plan.
Evaluation of wage developments
(1) The organisation shall assess whether it has complied with the mandatory limits during the implementation of the plan on the basis of the applicable volume of wage resources (Section 12). Compliance with the mandatory limits shall be assessed at least quarterly for each period starting from the beginning of the year.
(2) The binding limits of the organisation shall be complied with if the volume of wage resources to be paid to the costs for the period concerned is not higher than the applicable volume of wage resources. The difference between the volume to be paid into costs and the applicable volume of wage resources shall be considered as saving or exceeding the mandatory limits.
(3) The assessment of compliance with the mandatory limits in total for all organisations or groups of organisations within the scope of the superior body is carried out on the basis of a comparison of the sum of savings and the sum of the excess of the mandatory limits of each organisation. Binding limits are respected if the sum of overruns is not higher than the sum of savings from organisations and all the wage reserves that are not tied.
(1) The applicable volume of wage resources in economic organisations is a summary
(a) the converted or planned (uncalculated) volume of the basic component of the means of pay without other personnel costs;
(b) the converted or planned (uncalculated) volume of the incentive component of wage resources;
(c) the actual but not more than planned volume of other personnel costs;
(d) the amounts attributable;
(e) deductible amounts.
(2) The applicable volume of wage resources in budgetary and contribution organisations is a summary
(a) the planned volume of means of pay without other personnel costs;
(b) the actual but no more than planned amount of other personnel costs;
(c) the amounts attributable;
(d) deductible amounts.
(3) The organisation, which is the norm of the basic component of wage resources, converts its planned volume without other personnel costs, depending on the fulfilment of the intended level of the determining indicator and the conversion rates. the conversion shall be carried out, depending on the overrun of the planned level of the determining indicator, if the supporting indicators are met. An organisation which sets an absolute limit on the basic component of wage resources, together with the determining indicator, shall recalculate its planned volume without other personnel costs, depending on the failure to meet the planned amount of this indicator.
(4) The planned volume of the incentive component of wage resources shall be recalculated by the organisation depending on the performance of the planned level of the determining indicator and on the conversion rates; the conversion shall be carried out, depending on the overrun of the planned level of the determining indicator, if the supporting indicators are met.
(5) The organisation shall exclude, when recalculating (paragraphs 3 and 4), from the implementation of the planned levels of the decisive indicators to the extent set by the Federal Ministry of Labour and Social Affairs in cooperation with the ministries of Labour and Social Affairs of the Republic, the amounts expressed in accordance with specific rules of loss due to poor production (activity) or other socially undesirable results.
(6) The amounts attributable under paragraphs 1 and 2 shall be:
(a) tied in the reserve of the wage resources of the State Plan;
(b) tied to the wage reserve of the superior body;
(c) linked to the remuneration fund or used by the fund to complement the organisation's financial resources;
(d) rewards for discoveries, inventions, improvements, designs, solutions to thematic tasks, etc., provided during previous periods of the year, which exceed the total amount of such remuneration granted during the same period of the previous year;
(e) established by the Federal Ministry of Labour and Social Affairs in cooperation with the Ministry of Labour and Social Affairs of the Republic for high technical standards and the quality of products and services, interest-rate bonification or other socially desirable results.
(7) The deductible amounts referred to in paragraphs 1 and 2 shall be:
(a) exceeding the mandatory limits for the last year;
(b) laid down by the Federal Ministry of Labour and Social Affairs in cooperation with the Ministry of Labour and Social Affairs of the Republic for the low technical standards and quality of products and services, interest penalties, exceeding the mandatory limit on the number of workers and, where appropriate, other socially undesirable results.
Remuneration fund
(1) Economic organisations may, up to the level of saving of the binding limits established for the relevant period (Section 11), create a fund of remuneration by allocation from financial resources in accordance with specific rules.
(2) The remuneration fund shall be supplemented by subsidies granted under the reserve of state-owned funds and the breakdown reserves of senior bodies, the transfer of funds from the remuneration fund of other organisations and the transfer from the export stimulus fund, where appropriate in accordance with the decisions of the Federal Ministry of Labour and Social Affairs of other funds established under specific regulations.
(3) From the remuneration fund, economic organisations shall pay shares in economic results; they may also pay premiums and fees [Paragraph 3 (2) (d)], provided that they have supplemented their remuneration fund in accordance with paragraph 2, but not more than to the extent of the additional appropriations; they shall also pay similar services to apprentices during the period of professional development.
(4) Economic organisations transfer from the Fund the remuneration to the Funds
(a) their organisational units;
(b) other organisations where such organisations have been responsible for the results of the activity of the transferring organisation, accompanied by the addition of its remuneration fund in accordance with the provisions of paragraph 2, or by an increase in its applicable amount of wage resources in accordance with § 12 (6) (e). The funds from the subsidies provided under the ranking reserves of the authorities shall be transferred by the organisations only with the agreement of the competent Ministry of Labour and Social Affairs.
(5) Economic organisations participating in important construction projects may transfer funds from the fund to the fund of investor's remuneration to pay cash remuneration for the development of the labour initiative provided by the investor under the conditions laid down by the construction trade union board in agreement with those organisations.
(6) Economic organisations may use the funds of the remuneration fund referred to in paragraphs 3 to 5 only if they are not bound by [Sections 12 (6) (c) and 12 (6) (16)]. The funds linked to the remuneration fund shall be used by the economic organisations at the end of the year to supplement the financial resources in accordance with specific rules.
(7) The balance of the funds of the remuneration fund shall be transferred by the economic organisations to the following year.
Measures for undesired wage developments
(1) If the organisation finds that compliance with the mandatory limits is at risk, it shall proceed without delay to remedy the causes and, where appropriate, apply measures against responsible workers in accordance with the relevant rules. In cooperation with the trade unions, the organisation of collective workers shall inform the workers of the deficiencies identified, their causes and the necessary corrective measures and organise the participation of workers in their implementation. The organisation shall notify the competent authority of the corrective measures.
(2) In order to address deficiencies that threaten compliance with binding limits, the organisation shall, in particular, ensure technical and organisational measures enabling in particular:
(a) improve and rationalise the processes of design, technological and operational preparation, including supply and sales;
(b) reduce the consumption of raw materials, materials and energy as well as the efficiency of production and services;
(c) improve the use of working time and respect for labour discipline;
(d) improve the technical level and quality of products and services;
(e) improve labour consumption standards and other normative documents on the basis of which work results are assessed.
(3) In order to strengthen the physical interest of workers in addressing the shortcomings and implementation of the measures referred to in the preceding paragraph and to strengthen wage discipline of the organisation in particular:
(a) to adapt and strengthen the rules for regulating the wage resources of organisational units;
(b) examine whether the indicators set out in the premium schemes and directives for providing, in particular, performance and exceptional remuneration are derived from the binding tasks of the economic plan and, in summary, ensure that these tasks are fulfilled; examine further whether the premium rates and the rate of remuneration and, where appropriate, the amount of funds for them ensure compliance with the applicable amount of wage resources; make the necessary adjustments to the premium regulations and remuneration directives as a result;
(c) examine the correctness of the inclusion of work activities (functions) in tariff classes and the accuracy of the use of wage tariffs, surcharges, etc.
(4) If the superior authority finds that compliance with the mandatory limits is compromised in the organisation, it shall impose corrective measures, including measures to review and adjust the standards of labour consumption, (6) where appropriate, measures against responsible workers, unless it considers that the measures implemented by the organisation under paragraphs 1 to 3 are sufficiently effective.
(1) An organisation which exceeds the mandatory limits,
(a) ensure that the measures provided for in Article 14 are taken and, where appropriate, deepen the measures previously taken;
(b) reduce the annual remuneration of managers and the premium and performance remuneration of heads of in-house departments in accordance with the rules applicable to their provision and shall not pay advances on such transactions;
(c) they shall not pay any shares in or advances on economic results;
(d) notify the Bank without delay of the measures taken.
(2) An organisation which exceeds the mandatory limits laid down by the Federal Ministry of Labour and Social Affairs (serious exceedance) in addition to the measures referred to in paragraph 1
(a) implement a monthly check of compliance with the mandatory limits, draw up a wage plan for each month for at least the current quarter, submit a breakdown to the bank without delay and inform the superior authority and the bank on a monthly basis of the status of compliance with the mandatory limits;
(b) may not increase workers' basic wages if wage regulations do not give rise to an increase and the amount of personal evaluation;
(c) reduce the premium rates and annual remuneration rates, rates and, where appropriate, the amount of appropriations for performance remuneration, the amount of exceptional remuneration appropriations from the next quarter; the reduction shall be made to the extent that it makes it possible to offset the overrun of the mandatory limits not later than six months after the introduction of the monthly check referred to in point (a), but not more than three fifths of the amount of wage appropriations planned for the relevant period in economic organisations as an incentive component of those appropriations and in budgetary and contribution organisations as premium and remuneration appropriations.
(3) The measures referred to in paragraph 1 (b) and paragraph 2 (b) and (c) shall apply within the production unit of its organisational units which, according to the rules laid down by the production unit (§ 17), exceeded the applicable volume of wage resources and to the Directorate-General. The procedure laid down in paragraph 4 shall be followed.
(4) Reductions in the rates and volume of funds referred to in paragraph 2 (b) (c) it shall be implemented in a differentiated manner and in particular for the management of the organisation and for the staff of the departments which have affected their activities to exceed the mandatory limits. This measure shall not apply to workers who are assigned tasks on the basis of standards corresponding to the technical and organisational level of production and indicators ensuring compliance with the economic plan.
(5) If the superior authority finds that the organisation has exceeded the mandatory limits,
(a) discuss with it the causes of the exceedance and the measures taken, assess the effectiveness of the measures taken and, where appropriate, order the organisation to implement further measures and notify them to the Bank; in the event of a serious overshoot, request the Bank to cooperate in its proceedings;
(b) reduce the annual remuneration to the head of the organisation in accordance with the provisions applicable to its provision and shall not authorise the payment of an advance on such remuneration;
(c) shall not authorise the payment of an advance on shares in economic results.
(6) Measures taken pursuant to paragraphs 1 to 5 shall continue to apply until the mandatory limits have been exceeded.
(1) If the economic organisation exceeds the binding limits, it shall be obliged to tie the amount of excess in the remuneration fund.
(2) Paragraph 1 shall not apply to the funds added to the remuneration fund under Paragraph 13 (2), if they have not yet been used by the economic organisation.
Adjusting wage resources in production units
(1) For a period of five years, the production units lay down rules for regulating and checking compliance with wage resources within the production unit. They are based on the provisions of this decree and other provisions. Production units shall ensure in the rules that:
(a) the sum of the applicable amounts of the units' wage resources does not exceed the applicable volume of the production unit's wage resources;
(b) the measure provided for in Article 15 (1) was implemented in organisational units which exceed the applicable volume of wage resources, even if the production unit does not exceed the mandatory limits.
(2) Organisational units of the production unit constitute a remuneration fund from resources transferred by the production unit from its remuneration fund [Paragraph 13 (4) (a)]; in so doing, the rules laid down by the production unit shall be followed. By means of the remuneration fund, these organisational units shall apply mutatis mutandis in accordance with the provisions of Paragraph 13 (3) to (7).
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Regulation Information
| Citation | Decree No. 143 / 1980 of the Federal Ministry of Labour and Social Affairs Coll., on regulating wage resources and remuneration of labour |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.11.1980 |
|---|---|
| Effective from | 01.01.1981 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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