Act No. 153 / 1969 Coll.
Law amending and supplementing the Labour Code
Valid
Effective from 01.01.1970
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153
THE LAW
of 18 December 1969
amending and supplementing the Labour Code
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Labour Code No. 65 / 1965 Coll. as amended by Act No. 88 / 1968 Coll. is amended as follows:
1. Paragraph 3 (1) reads as follows:
"(1) The working relationships of the members of production cooperatives shall be governed by the Labour Code to the extent laid down in further provisions. ';
As a result of this amendment, the words "and working relationships of members of production cooperatives' shall be deleted from paragraph 1.
Paragraphs 1, 2 and 3 shall become paragraphs 2, 3 and 4.
2. In Article 4, the words "to members of the National Security Corps' shall be inserted after the words" to members of the Correctional Education Corps'.
3. Article 11 (1) reads as follows:
"(1) Eligibility of a citizen to have rights and obligations in employment relationships and to have the capacity of his own legal act to acquire those rights and to take such obligations shall arise, unless otherwise specified, from the beginning of the calendar year in which the citizen completes compulsory education; However, the organisation may not negotiate with him as the day of taking up work or the teaching relationship a day prior to the day on which the citizen terminates compulsory schooling. '
4. In Paragraph 13, the words "before an arbitration body 'are replaced by the words" before a labour dispute panel'.
5. Paragraph 20 (3) reads as follows:
"(3) Collective agreements, their amendments and additions shall be negotiated in writing. They shall be approved by the competent trade union before signing. The organisation shall keep the collective agreement for five years after its expiry. '
6. In Paragraph 20 (5), the following sentence is added:
"The collective agreements may agree on the consequences of non-compliance with the obligations of an organisation which does not give rise to claims on individual workers as well as the composition of the body which solves disputes arising from non-compliance with those obligations. '
7. In Paragraph 20, paragraph 6 is added as follows:
"(6) The Ministry of Labour and Social Affairs of the Czech Socialist Republic and the Slovak Socialist Republic may provide details of the conclusion and content of collective agreements in agreement with the relevant trade unions."
8.
The central authorities shall, in agreement with the relevant trade unions, create conditions for the development of a creative labour initiative, in particular in socialist competition, and promote the development of multiple forms of participation in management. ';
9.
(1) The central authorities which issue sectoral labour law pursuant to this Act or other laws do so in agreement with the relevant Ministry of Labour and Social Affairs and the relevant trade union body; agreements with the competent occupational safety authority are also required to lay down rules to ensure safety and health at work.
(2) The draft laws and other legislation on the important interests of workers, in particular economic, production, labour, wage, health, cultural and social conditions, are being discussed by the Federal Central Authorities with the Central Council of the Czechoslovak Revolutionary Trade Union Movement; the central authorities of the Czech Socialist Republic discuss these proposals with the Czech Trade Union Council, the central authorities of the Slovak Socialist Republic with the Slovak Trade Union Council. "
10. Paragraph 25 (2) (d) reads as follows:
"(d) where the validity of the termination of an existing employment relationship of a worker is the subject of a legal dispute; However, where the organisation has been nullified, a new employment relationship may only be negotiated until the final termination of the dispute. ';
11. in Paragraph 26 (1), the following sentence is added:
"The Government of the Czech Socialist Republic, after consulting the Czech Trade Union Council and the Government of the Slovak Socialist Republic, after consulting the Slovak Trade Union Council, may impose on the organisations and, where appropriate, on citizens the obligations necessary to fulfil these tasks, in particular the obligation to report to the National Committee the necessary facts."
12.
(1) The organisation is obliged to conclude a contract of employment in writing. However, if there is a contract of employment for a period of less than one month, he shall do so only if the worker so requests or if he is a worker who has been deprived of legal capacity by decision of the court or whose legal capacity has been restricted by decision of the court.
(2) A copy of the written contract shall be issued to the worker by the organisation. ';
13.
"(e) where the worker has been given notice because he does not meet the conditions laid down for the performance of the contract, or because he is unfit to fulfil the obligations arising from his employment because he does not meet the requirements for that work laid down, or because of a breach of professional discipline in a particularly gross manner, or because of a reason for which the employment may be cancelled immediately, and where it is not possible to leave the worker to work before the end of the period of notice."
14. Paragraph 41 (3) of the second sentence reads:
"However, in agreement with the Central Council of the Czechoslovak Revolutionary Trade Union Movement, the Government of the Czechoslovak Socialist Republic may, by way of derogation, regulate the participation of trade unions in these measures for certain groups of workers."
15. Article 46 (1) (e) and (f) reads as follows:
"(e) if the worker does not fulfil the conditions laid down for the performance of the contract or if he is unfit to fulfil the obligations arising from his employment because he does not meet the requirements for such work, in particular if he has violated his activities in the socialist social order and therefore does not have the confidence needed to hold up his current post or his current post, or if he shows unsatisfactory work results without fault; However, for unsatisfactory work results, a statement may be given to the worker only if he has been notified in writing of the shortcomings in the work over the last 12 months and the worker has not removed them within a reasonable time;
(f) if the worker is given reasons for which the organisation could immediately terminate the employment relationship or if the worker has infringed the labour discipline in a particularly rough manner; for minor infringements of labour discipline, a statement may be given to the worker if he has previously been subject to disciplinary action or if he has at least been alerted to the possibility of dismissal in the event of a previous breach of labour discipline. ';
16. Paragraph 46 (4) is added as follows:
"(4) If the conduct of a worker in which a breach of labour discipline can be seen is the subject of an investigation by another authority, the one-month period referred to in the preceding paragraph shall begin on the date on which the organisation became aware of the outcome of the investigation. Where the agreement of the District National Committee (§ 50) or where the organisation requires the agreement of the Senior Trade Union Body (§ 59 (3)) is to be given, the period from the date on which the request for approval was made to the date on which the decision of the National Committee became final or the decision of the relevant Senior Trade Union Authority was delivered to the organisation shall not be taken into account. ';
17. In Section 50, the words "or a member of the resistance 'shall be inserted after the words" full retirement pension'. *)
18. in Article 53 (1), the following provision (c) is added:
"(c) if the worker has violated the socialist social order in such a serious way that his or her stay in the organisation until the expiry of the period of notice is not possible without jeopardising the proper performance of the organisation's tasks."
19. Article 53 (2) reads as follows:
"(2) The organisation may terminate the employment immediately only within 15 days of the date on which it has established the grounds for immediate termination of the employment, but not later than one year from the date on which that reason arose. Paragraph 46 (4) shall apply mutatis mutandis to the start and running of the 15-day period. If the organisation requires the agreement of the senior trade union body to terminate the contract immediately (Paragraph 59 (3)), the period of 15 days shall not count from the date on which the request for consent was submitted until the date on which the decision of the trade union was delivered to it. '
20. Paragraph 59 (1) of the third sentence reads as follows:
"The Government of the Czechoslovak Socialist Republic may, on a proposal from the Central Council of the Czechoslovak Revolutionary Trade Union Movement, adjust the scope of the trade unions in these measures for certain groups of workers by way of derogation."
21.
Employment certificates and work reports
(1) At the end of the contract, the organisation shall issue a certificate of employment to the worker and indicate, in particular, the duration of his or her duration, the qualifications of the worker, the facts relevant for assessing his / her entitlement to the benefits of the sickness insurance and the extent to which, in what order and benefit they are made from the worker's salary reduction.
(2) If the organisation provides an opinion to another organisation or state authority on the worker's employment during or after the employment relationship, the worker shall be informed of the content of the worker and, on request, give him a copy. At the end of the contract, the organisation must give the worker an opinion on his work.
(3) If the worker does not agree with the content of the certificate of employment or the opinion on his work, he may apply within three months of the date on which he became aware of the content, to the Dispute Working Committee to adjust the organisation accordingly. '
22. In Paragraph 64, the words "and the claims resulting therefrom 'are deleted.
23. in Paragraph 70, paragraphs 2 and 3 are replaced by the following new paragraph 2:
"(2) An organisation may conclude a secondary relationship with a worker who is already in employment with another organisation only after the prior written consent of that organisation. If work in a secondary employment relationship would prevent the worker from properly fulfilling his / her obligations under his / her previous employment relationship or would be detrimental to his / her health, that organisation may require him / her to terminate the secondary employment relationship. The worker shall then be obliged to terminate the secondary employment. '
Paragraphs 4, 5 and 6 shall become paragraphs 3, 4 and 5.
24. In Paragraph 75 (1), the following sentence is added:
"The organisation shall discuss with the worker the evaluation of its performance and, on request, issue a copy of it. '
25. Paragraph 2 shall be deleted in Paragraph 77.
26. In Paragraph 79 (1), the following sentence is added:
"If the conduct of a worker in which a breach of labour discipline can be seen is subject to an investigation by another authority, the one-month period for the imposition of disciplinary action shall begin on the date on which the organisation became aware of the outcome of the investigation. ';
27.
(1) A worker may object to a decision imposing reprimand within 15 days of the date of service of the worker to the organisation whose disciplinary action he has imposed; the submission of objections has no suspensory effect. The staff member who has imposed the reprimand may comply fully with the objections, otherwise he shall forward them to his immediate superior, who shall confirm or revoke the decision imposing the reprimand definitively; if a reprimand has been imposed by the head of the organisation, it shall also decide on objections.
(2) If the worker does not agree with the decision imposing on him one of the disciplinary measures referred to in § 77 (b) to (d), he may, within 15 days of his service, submit a proposal to the Labour Dispute Board to cancel them. Submission of the application shall not have suspensory effect unless it is a matter of disciplinary action referred to in Paragraph 77 (1) (c).
(3) The Commission will discuss the proposal for labour disputes and shall confirm or revoke the decision imposing a disciplinary measure. The same applies if the decision to impose a disciplinary measure is examined by the Court (Sections 211 and 212). The parties to the proceedings shall be the organisations whose disciplinary action has been imposed by the staff member and the staff member to whom the disciplinary action has been imposed.
(4) If the decision of the Labour Dispute Commission which annulled the decision imposing a punitive measure becomes final, the Head of Organisation may impose a new punitive measure only within 15 days of the date on which the decision to revoke became final; it is bound by the legal opinion of the Labour Dispute Board. The same applies if the decision to impose a disciplinary measure has been annulled by the court. '
28. Paragraph 83 (3) reads as follows:
"(3) The government of the Czechoslovak Socialist Republic determines the extent of shortening of working time without reducing wages and the principles for its implementation after consulting the Central Council of the Czechoslovak Revolutionary Trade Union Movement. The governments of the Czech Socialist Republic, after consulting the Czech Trade Unions Council and the Slovak Socialist Republic, after consulting the Slovak Trade Unions Council, will decide on the procedure for introducing shortened working time and lay down more detailed conditions under which organisations can introduce shorter working time."
29. In Paragraph 83, the following paragraph 4 is added:
"(4) The introduction of shortened working time without reducing the salary for health reasons below the scope laid down in paragraph 3 shall be permitted by the Czech Socialist Republic and the Slovak Socialist Republic in agreement with the health ministries and the relevant trade unions according to the principles laid down by the Federal Ministry of Labour and Social Affairs in agreement with the Central Council of the Czechoslovak Revolutionary Trade Union Movement."
30.
(1) In accordance with the principles established by the Government of the Czechoslovak Socialist Republic, the Head of Organisation decides on the distribution of weekly working hours after consultation with the Central Council of the Czechoslovak Revolutionary Trade Union Movement after prior approval of the relevant trade union body.
(2) The weekly working hours shall be so arranged that, at a uniform schedule, the working hours do not exceed nine hours per day. When scheduling working time, the management shall take account of the possibilities of ensuring the smooth transport of workers into employment, electricity, gas, heating steam, and that the distribution of working time does not conflict with the aspects of safe and healthy work and the interests of the population and does not interfere with the activities of downstream organisations. ';
31.
(1) If the nature of the work or the conditions of operation does not allow the working time to be spread out evenly in accordance with the previous provision for each week, the management organisation may, by way of derogation, schedule the working time; the average weekly working time, normally four weeks, shall not exceed the limit set for weekly working hours. Similarly, working hours for certain establishments or types of work may be allocated if special operating conditions so require or for other serious reasons.
(2) Under the directives issued by the Central Authority in agreement with the relevant trade union, the management organisations may schedule working hours in such a way that the average weekly working hours do not exceed the limit set for weekly working hours.
(a) throughout the calendar year, in respect of work activities in which there is a different need for work during the calendar year;
(b) during the season or campaign period for seasonal or campaign work.
(3) In agreement with the relevant trade unions, transport workers may be allocated working hours by the authorities empowered by the Ministry of Transport of the Czech Socialist Republic and the Ministry of Transport, Posts and Telecommunications of the Slovak Socialist Republic. "
32. Paragraph 87 (4) shall be deleted and paragraph 3 shall read as follows:
"(3) The working time of the same shift may be divided into two parts by the head of the organisation with the prior agreement of the racing committee; in agriculture, transport and connections, the working hours of the same shift may also be divided into several parts. In doing so, the Head of Organisation shall take into account the possibilities of ensuring the smooth transport of workers to employment, electricity, gas, heating steam and that such distribution of working time is not contrary to the interests of the population. '
33. § 88 reads:
(1) The worker is obliged to be at his place of work at the beginning of the working hours and leave him only after the end of the working hours.
(2) In agreement with the relevant finance and planning ministries and with the relevant trade unions, central authorities superior to organisations employing miners working under the ground may determine how long from the time needed for personal cleansing after the end of the work can be counted as working hours for workers working under the ground. "
Article 34 (90) (3) reads as follows:
"(3) In agreement with the relevant trade union authorities, central public administrations in the fields of transport, energy, mail and telecommunications may specify in which cases workers may be reduced to up to six hours between two shifts, or where workers with irregular work and uneven length of shifts may be reduced to six hours between shifts. However, the length of this rest shall be at least equal to the length of the previous shift, if the shift was less than six hours. A work interruption of less than three hours shall not be considered as a rest. '
Article 35 (91) (2) reads as follows:
"(2) Work on working days may be ordered only exceptionally, with the prior approval of the racing committee. '
Paragraph 36 (92) (3) reads as follows:
"(3) The Government of the Czech Socialist Republic, after consulting the Czech Trade Union Council and the Government of the Slovak Socialist Republic, after consulting the Slovak Trade Union Council, may provide for:
(a) that the continuous rest of the week may in exceptional cases be reduced to up to 24 hours; for workers with a shorter working time of up to 18 hours and for workers in connections and in seagoing ships and below those borders,
(b) in which cases workers in agriculture may be granted continuous rest on a weekly basis every two weeks. "
37. Paragraph 96 (1) of the first sentence reads as follows:
"Overtime work is work carried out by a worker at the orders of the organisation or with its approval over weekly working hours resulting from a predetermined division of working hours and taking place outside the scope of the working shift schedule (Sections 84 and 85 and Section 87 (2)). '
38. In Paragraph 96, the following paragraph 3 is added:
"(3) In agreement with the relevant trade union body for transport workers with irregular entry into work and with an uneven length of shifts and for certain workers in connections and in energy, the central authorities in the fields of transport, energy, post and telecommunications may define overtime by way of derogation from paragraph 1, even in such cases, only work carried out at or with the authority of the organisation may be regarded as overtime. ';
39. Paragraph 97 (2) of the first sentence reads:
"Overtime work may not be more than eight hours per week."
40. The following Section 99a is inserted after Section 99:
The Government of the Czechoslovak Socialist Republic may, in agreement with the Central Council of the Czechoslovak Revolutionary Trade Union Movement, adjust the competence of the racing committees in the mass adjustment of working time by way of derogation from the provisions contained in this Title for certain groups of workers. "
41. Paragraph 100 (4) reads as follows:
"(4) The organisation may exceptionally grant a proportion of the leave to a worker admitted on its initiative in agreement with the racing committee even if he does not fulfil the conditions for entitlement to leave. '
42. In Paragraph 101, the following paragraph 5 is added:
"(5) If a worker with working hours unevenly arranged for each week of leave in parts of less than one week, he shall be entitled to as many working days of leave as he would have had in the year-round average for the period of his leave taken in whole. For workers in transport, energy, communications and agriculture with working time unevenly spread over each week or throughout the calendar year, the number of working days attributable to the duration of their leave shall be determined by the central authorities in the fields of transport, energy, mail and telecommunications, agriculture and nutrition. ';
43.
(1) The duration of employment is to be taken into account if it falls within the period after 18 years of age of the worker, the period of
(a) where a woman has taken permanent care of a child under the age of three;
(b) the performance of the service in the armed forces, the armed security forces and the Correctional Education Corps;
(c) successfully completed studies;
(d) scientific (artistic) aspirations;
(e) membership of a single agricultural cooperative or a production cooperative and the duration of which the citizen has been permanently employed in a single agricultural cooperative and has not been a member of it or in relation to the cooperative, provided that such activity constituted a participation in the social security of cooperative peasants;
(f) care for an disabled family member who needed permanent care and was not placed in a social care institution and the period of training for the profession carried out under social security rules;
(g) the period during which the worker received the allowance before the placement or, where appropriate, before taking up a new employment under the relevant rules;
(h) the duration of the detention (period of imprisonment) if the prosecution against the worker has been suspended or the prosecution has been acquitted, albeit at a later stage of the proceedings, and the period of execution of the sentence of imprisonment carried out on the basis of a judgment annulled which goes beyond the scope of the lenient sentence imposed in the subsequent proceedings.
(2) The periods referred to in the preceding paragraph shall not be counted if they fall within the duration of the contract; If they cover each other, they only count once.
(3) Other periods of employment may be counted for the period of employment for the purposes of leave with the agreement of the central authority given in agreement with the relevant trade union body.
(4) The duration of employment abroad, or any other deductible periods of foreign residence, is to be counted against the period applicable to the length of leave only if the worker has remained outside the territory of the Czechoslovak Socialist Republic with the permission of the competent authorities; derogations may be authorised by the central authorities. ';
44. Paragraph 104, including the title, reads:
Calculation of periods before 1 January 1966
All periods of employment and the periods referred to in paragraphs 1 and 3 of Paragraph 103 shall be counted against the duration of the employment even if they fall before 1 January 1966. '
45. the following sentence shall be added in Paragraph 106 (5):
"If a worker asks an organisation to grant leave in such a way as to follow up immediately on the termination of maternity leave (Section 157 (1)), the organisation shall comply with its application. '
46. In Paragraph 108, the following paragraph 4 is added:
"(4) If a worker who has fulfilled the requirement of waiting time in an organisation changes his or her employment, any of the participating organisations may grant him or her all or part of the leave, if the worker so requests at the latest at the time of the termination of his or her employment relationship and the participating organisations agree to pay compensation for the leave salary (part of it) to which a member of the holiday organisation (part of it) has not been entitled. '
47. In Paragraph 110, the following paragraphs 2 and 3 are added:
"(2) The Federal Ministry of Labour and Social Affairs may lay down, in agreement with the central and trade union authorities involved, the conditions
(a) for which members of the crew of ships intended solely or partly for sea navigation may draw leave until the end of the next calendar year;
(b) providing domestic leave to workers entering or returning from a workplace outside the territory of the Czechoslovak Socialist Republic.
(3) The method of calculation and the amount of compensation for the period of leave for workers in transport, energy, communications and agriculture with working time unevenly spread over each week or throughout the calendar year shall be determined by the central authorities in the fields of transport, energy, mail and telecommunications, agriculture and nutrition. "
48. Paragraph 112 (2) reads as follows:
"(2) The organisation shall not provide workers with other cash-value benefits in relation to the employment ratio, in addition to the salary, unless specific regulations permit it. '; Paragraph 2 shall become paragraph 3.
49. In Paragraph 115 (5), "six months' is replaced by" one year from the date of transfer ';
50. in Paragraph 122 (1), the following provision (i) is added:
"(i) the amounts of the maternity allowance which the worker is obliged to repay under the enforceable decision under the Maternity Allowance Act."
51. In the first sentence of Paragraph 123, the words "unless the Central Council of Trade Unions" are replaced by the words "if the Government of the Czechoslovak Socialist Republic does not, in agreement with the Central Council of the Czechoslovak Revolutionary Trade Union Movement," and in the second sentence, the words "The Central Council of the Trade Unions" are replaced by the words "The Government of the Czechoslovak Socialist Republic may, in agreement with the Central Council of the Czechoslovak Revolutionary Trade Union Movement."
Paragraph 4 shall be deleted in Paragraph 124.
53. Article 131 (2) reads as follows:
"(2) The regulations implementing the previous paragraph shall be issued by the Ministry of Labour and Social Affairs of the Czech Socialist Republic and the Slovak Socialist Republic in agreement with the other central authorities involved and the relevant trade unions in respect of reimbursement of travel, moving and other expenses, in accordance with the principles established by the Government of the Czechoslovak Socialist Republic after consultation with the Central Council of the Czechoslovak Revolutionary Trade Union Movement. '
54.
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Regulation Information
| Citation | Act No. 153 / 1969 Coll., amending and supplementing the Labour Code |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1969 |
|---|---|
| Effective from | 01.01.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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