Communication from the Ministry of Foreign Affairs No 152 / 1993 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on a common procedure for the transition of rights and obligations from employment relations from state bodies and state organisations of the Czech and Slovak Federal Republic in connection with the disappearance of the Czech and Slovak Federal Republic
Valid
Effective from 22.02.1993
152
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 22 February 1993 the Agreement of the Government of the Czech Republic and the Government of the Slovak Republic on a common procedure for the transfer of rights and obligations from employment relations from state bodies and state organisations of the Czech and Slovak Federal Republic in connection with the disappearance of the Czech and Slovak Federal Republic was signed in Bratislava.
The Agreement entered into force on 22 February 1993 pursuant to Article 6 (1) thereof.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
Government of the Czech Republic and Government of the Slovak Republic on a common procedure for the transition of rights and obligations from employment relations from state bodies and state organisations of CSFR in connection with the disappearance of CSFR
(1) This Agreement regulates the procedure of the Government of the Czech Republic and the Government of the Slovak Republic in the transition of rights and obligations from employment relations from the State bodies of the Czech and Slovak Federal Republic, budgetary and contribution organisations linked to the State Budget of the Federation and of the State Organisations under the jurisdiction of the Czech and Slovak Federal Republic, which have been established by law (hereinafter the "Organisations under the jurisdiction of the Czech and Slovak Federal Republic ').
(2) This Agreement further regulates the related issues of the procedure for the taking up of former staff of the Czech and Slovak Federal Republic in employment in the state bodies of the Czech Republic and the Slovak Republic and in budgetary and contribution organisations linked to the state budgets of the Republics and state organisations within the competence of the Czech Republic and the Slovak Republic (hereinafter referred to as "organisations within the competence of the Czech Republic or the Slovak Republic ').
(1) The transfer of rights and obligations from employment relations from state bodies and federation state organisations shall take place before 31 December 1992 and shall cover workers who go to organisations on the basis of:
(a) the merger or, where applicable, the merger of organisations within the competence of the Czech and Slovak Federal Republic, as bodies of employment relations, with organisations within the competence of the Czech Republic or the Slovak Republic in accordance with the provisions of § 249 (1) of the Labour Code; or
(b) the division of the relevant organisations within the competence of the Czech and Slovak Federal Republic, as bodies of employment relations, under the provisions of Section 249 (2) of the Labour Code; or
(c) the transfer of part of the organisation within the competence of the Czech and Slovak Federal Republic, as a body of employment relations, to the relevant organisation within the competence of the Czech Republic or the Slovak Republic under the provisions of § 250 of the Labour Code.
(2) The Government of the Czech Republic and the Government of the Slovak Republic shall designate the organisations to which the rights and obligations of employment referred to in paragraph 1 shall pass.
(3) The Government of the Czech Republic and the Government of the Slovak Republic and other competent authorities and organisations within the competence of the Czech Republic and the Slovak Republic will apply without delay a specific requirement for the transfer of workers from organisations within the competence of the Czech and Slovak Federal Republic to the authorities and organisations within the competence of the Czech Republic or the Slovak Republic to the relevant competent authorities of the Czech and Slovak Federal Republic and inform the relevant member of the Government of the Czech and Slovak Federal Republic.
(1) In the absence of a transfer of rights and obligations under Article 2, organisations within the competence of the Czech and Slovak Federal Republic shall satisfy the rights of workers until 31 December 1992.
(2) The Government of the Czech Republic shall determine, in accordance with Section 251 of the Labour Code, an organisation which is required to satisfy the claims of workers of a cancelled organisation who have not transferred rights and obligations under Article 2 or, if they have not been settled in accordance with paragraph 1, to exercise, where appropriate, the rights of that organisation if workers have, at the date of cancellation of the organisation of citizenship of the Czech Republic.
(3) The Government of the Slovak Republic shall, in accordance with Article 251 of the Labour Code, designate an organisation which is required to satisfy the claims of workers of a cancelled organisation who have not transferred rights and obligations under Article 2, or, if they have not been settled in accordance with paragraph 1, to exercise, where appropriate, the rights of that organisation when workers are entitled to apply to them on the date of revocation of the organisation of citizenship of the Slovak Republic.
(4) The staff and related staff agenda shall be taken over by an organisation designated pursuant to Articles 2 and 3. If this organisation is not designated for certain staff, the agenda shall be taken over by the central authority responsible for the administration of the state and, if not possible, by the competent authority or organisation of the government of the Republic.
(1) The Government of the Czech Republic and the Government of the Slovak Republic undertake to ensure that in 1993 no staff are recruited to state bodies, budgetary or contribution organisations under their jurisdiction, who received severance payments on termination of employment in the Czech and Slovak Federal Republic. The other organizations will recommend the procedure according to the sentence of the first Government of the Czech Republic and the Government of the Slovak Republic or ask them to do so.
(2) The provisions of paragraph 1 shall not apply if the worker returns the severance pay or the proportion thereof to the State authority or organisation with which he has entered into a new employment relationship. The sums recovered shall constitute revenue from the State budget of the Republic concerned.
The Government of the Czech Republic and the Government of the Slovak Republic undertake to cooperate in the application of this Agreement with the relevant trade unions.
(1) This Agreement shall enter into force on the date of signature of the Contracting Parties.
(2) This Agreement shall be drawn up in two copies, each in the Czech and Slovak languages, the two texts being equally authentic.
Done at Bratislava, 22 February 1993
For the Government of the Czech Republic:
Václav Klaus v. r.
For the Government of the Slovak Republic
Vladimir Meciar v. r.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 152 / 1993 Coll., on the negotiation of the Agreement of the Government of the Czech Republic and the Government of the Slovak Republic on a common procedure for the transition of rights and obligations from employment relations from state bodies and state organisations of the Czech and Slovak Federal Republic in connection with the disappearance of the Czech and Slovak Federal Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.05.1993 |
|---|---|
| Effective from | 22.02.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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