Government Decree No. 157 / 1947 Coll.
Regulation on support measures for the implementation of national labour mobilization
Valid
Effective from 12.09.1947
157.
Government Regulation
of 2 September 1947
on support measures for the implementation of national labour mobilization.
The Government of the Czechoslovak Republic hereby orders, pursuant to § 28, § 4, § 32, § 2, § 34 and § 51 of the Act of 9 May 1947, No 87 Coll., on certain measures to carry out national labour mobility ("the Act '):
Support measures for staff.
Area of authorised persons.
Persons who, with the agreement of the Regional Labour Protection Office, voluntarily integrate or be placed in work in accordance with the provisions of Sections 6 to 23 of the Act (hereinafter referred to as "employees') shall be granted the first employment of support under this Regulation if the conditions laid down in the following provisions are met.
Travel.
(1) If a staff member is to take up employment at a post, at least 6 km from his place of residence (place of residence), he is to be provided by the Regional Labour Protection Office for the first trip to the place of employment of the fare (§ 3 (1)) and by a supplement to the cost of meals and overnight meals provided for in § § 3 to 5.
(2) If the staff member is engaged in a job chosen by himself, the support provided for in the preceding paragraph shall be granted only if he proves that he will be recruited.
(1) The fare is provided either by issuing a ticket voucher or in cash.
(2) The fare is provided only for the use of the cheapest means of transport, and for the shortest journey.
The Regional Labour Protection Office, responsible for the place of employment, may exceptionally provide travel expenses from the place of employment to the place of residence,
(a) if the staff member has not been admitted to employment without his guilt; or
(b) if, for unforeseen circumstances not due to him, the work cannot take place; or
(c) if he leaves work before the first pay period expires for a serious reason without his fault and is unable to cover the cost of a return journey from his own resources.
(1) If the journey to a new job is longer than 6 hours (Section 2), the district labour protection office will provide workers with a supplement to the cost of meals for the journey (catering). It sucks if the journey lasts
| 6 až 8 hodin | 25.– Kčs, |
| déle než 8 hodin | 35.– Kčs. |
(2) If it is strictly necessary for an employee to stay on the trip, the County Labour Protection Office may grant him a charge for a bed-and-breakfast in the amount of 40.
Work equipment.
(1) If the staff member is necessarily in need of the work equipment normally carried out by the staff member who does such work, and if the employment is of a lasting nature, the Regional Labour Protection Office will provide him with a contribution to the measures of the necessary subjects.
(2) Work equipment means work footwear, work clothing and tools.
(3) The allowance for work equipment measures shall be granted in cash or by issuing a voucher. The allowance shall be granted up to an amount corresponding to the normal purchase price of the relevant articles, but not more than CZK 2,500.
If the staff member discharges his employment before the expiry of one year from the date of employment without serious cause or, if he is released from it for his own fault, he shall be obliged to repay the amount provided to him pursuant to Paragraph 6 or replace the value of the work equipment provided.
Support for the dual household.
(1) Where a staff member has taken up work in such a remote place that he must live separately from members of his family who, under a legal or moral obligation, are wholly or principally provided with nutrition, the Regional Labour Protection Office will grant him support for the management of a double household.
(2) Where a staff member has entered a job which he has chosen, such support shall be granted only if the employer has an urgent need for the labour force to fulfil the tasks imposed on his establishment under a two-year economic plan and if the county labour protection office is unable to provide the staff with the appropriate employment at his place of residence.
(3) Support under paragraphs 1 and 2 shall not be granted if the work normally carried out at a remote location is carried out so that the staff member lives separately from his family. The provisions of the preceding sentence shall not apply to construction workers. It is also not the case if the employer himself sends an employee to work in a remote position.
(1) The aid provided for in Section 8 is 40-Kčs per day (280.- Kčs per week). For workers who take up work (Section 8) in agriculture and forestry, stone and earth industries, construction, mining and metallurgy, this support is 50.- Kčs daily (350.- Kčs weekly).
(2) The aid shall include the severance payment received by the staff member from his employer or from public funds because he must live separately from his family members for the performance of his employment. If, for the same reason, the employer provides workers with benefits other than in kind, such benefits shall be included in the support for the amounts valued in kind in the field of public social insurance.
(1) The aid provided for in Article 8 is granted for as long as the conditions under which it was authorised remain, but for a maximum period of two years from the date of employment. After one year from the date of employment, additional support shall be granted only if the staff member demonstrates that, for important reasons not attributable to him, he could not move with his family to the place of employment or its immediate vicinity.
(2) The aid provided for in Article 8 shall, as a general rule, be paid in the four-week periods behind in the hands of the nearest member of the family who looks after the household of the worker and, failing that, in the hands of the person who is authorised to receive the money. If necessary, the County Labour Protection Office may pay reasonable advances.
(1) The aid provided for in Article 8 is also paid for the duration of the worker's illness if it does not return to family members (§ 8 (1)).
(2) The aid provided for in Article 8 shall be paid in addition for the period during which the staff member is on paid leave and for the period during which the staff member does not work without his guilt for other important reasons (death in the family or below).
(3) However, the aid provided for in Article 8 shall not be paid for the days of work missed by the staff member without an important reason.
The entitlement to the aid provided for in Section 8 shall cease if the staff member has been reprimanded twice under Section 36 of the Act or has been reprimanded under Section 37 of the Act. The employer is obliged to state a public reprimand to notify the Regional Labour Protection Office.
Moving allowance.
(1) If a staff member has started work at a remote post (§ 8) and has a permanent apartment for himself and his family members in the place of employment or in the immediate vicinity, the County Labour Protection Office may grant him a transfer allowance.
(2) A staff member who has been placed under Paragraph 11 (3) of the Act shall be entitled to a transfer allowance, if not in the cases referred to in Section 16.
Before the decision to grant the transfer allowance, the county labour protection office, competent according to the place of residence, shall request the expression of the district labour protection office, competent according to the place of employment, whether the transfer is effective according to the nature of the employment and with a view to the public interest.
(1) The allowance shall be granted at the rate of 75% and, in cases referred to in Paragraph 13 (2), the full cost of the removal of members of the family of the staff member and of his household, up to a maximum of CZK 10,000. Paragraph 3 (2) shall apply mutatis mutandis.
(2) The allowance shall be paid on presentation of documents relating to the removal carried out and the amount of the costs. The County Labour Protection Office may pay the amount authorised directly to the transport undertaking.
The transfer allowance shall not be granted to staff members who have been granted the same settlement allowance under the Act of 20 December 1946, No 250 Coll., on a one-off settlement allowance for extraordinary removal and arrangement expenses.
Special support to offset wage differences.
(1) The special aid provided for in Article 32 of the Act is granted to staff members at the rate of the difference between the average gross earnings of the last employment relationship and the gross earnings of the staff member in the new employment during the various accounting periods.
(2) The average gross earnings from the last employment relationship shall be calculated from the gross earnings over the last four weeks (last month) before the start of the new employment. If the working earnings were particularly high or low because they were seasonal work or for other reasons, the average earnings over a period of 13 weeks (3 months) shall be taken as a basis for measuring the specific support. Weeks in which work is restricted or a staff member receives sick leave shall not be taken into account in the assessment of the specific support.
(3) The employment earnings referred to in the preceding paragraphs shall, for staff members, be the salary (salary), with all the allowances due to them, in addition to the reimbursement of the final expenses.
(4) If a staff member in a new employment appears to be arbitrarily reducing his performance and, therefore, having lower earnings, he shall be taken as a basis for measuring the special support for the work he could achieve according to his physical and mental skills and expertise.
(5) Whether an employee under Section 32 (3) of the Act cannot, without his guilt in the new employment, obtain the work earnings he had in his current employment, be decided by the County Labour Protection Office in the decision to grant specific support under Section 32 (1) of the Act. A separate decision shall be taken by the County Labour Protection Office only at the request of the employer or employee, if it is for the payment of the compensatory allowance provided for in Section 32, paragraph 2 of the Act.
(6) Staff transferred to work in agriculture shall be granted special support in accordance with the provisions of Paragraph 32 (1) of the Act for a period of 6 months.
(1) As a general rule, the special aid is paid in four-week periods in advance of the staff member, after the case to the person empowered to receive the money. If necessary, the County Labour Protection Office may pay reasonable advances.
(2) The staff member must submit to the Regional Labour Protection Office, prior to each payment of the specific support, a certificate from the new employer of the amount of the earnings he has made during the previous period.
(1) Special aid shall also be paid at the latter rate during the period of the staff member's illness.
(2) Paragraph 11 (2) and (3) shall apply mutatis mutandis.
Paragraph 17 to 19 applies mutatis mutandis to the payment of the compensatory allowance which the employer is obliged to provide to the employee pursuant to Paragraph 32 (2) of the Act, with the exception that the compensation may be paid at the same time as the salary.
Free medical examination.
If there is a need to examine the physical or mental condition of the employee in the proceedings pursuant to § 9, § 11 to 13, § 17 and § 20 of the Act, the County Labour Protection Office shall order a free medical examination by its official physician. Travel tickets to and from the tour point will be paid by the County Labour Protection Office. Paragraph 3 shall apply mutatis mutandis.
Contributions to employers.
Salary allowance at reduced notice.
(1) If the employer has paid the employer a salary (salary) in accordance with Paragraph 7 (2) of the Act, the district labour protection office shall grant him a contribution under the provisions of paragraphs 2 and 3 if the employer so requests within 3 months of the end of the employment relationship of the employee.
(2) The employer must demonstrate to the Regional Labour Protection Office that, by fulfilling the obligation under Article 7 (2) of the Act, he has suffered exceptional damage and that this is a case of special consideration.
(3) In assessing whether the conditions for granting the contribution referred to in the preceding paragraphs are met, the County Labour Protection Office shall take into account, in particular, the employer's assets and net earnings from the establishment, the amount of the amounts paid by the employer to the number of employees who have untied the employment relationship with the employer under Paragraph 7 (1) of the Act and the contractual obligations of the employer resulting from the operation of the plant.
The contribution provided for in Section 22 is granted up to 75% of the amount paid by the employer to the employee under Section 7 (2) of the Act.
Paragraph 22 and 23 apply mutatis mutandis to cases covered by Section 15 of the Act.
Payment allowance.
(1) If the employer has provided the employer with special service in case of termination of employment pursuant to Paragraph 24 (2) of the Act, the County Labour Protection Office may contribute to the payment of the amount paid, if the employer so requests within 3 months of the termination of the employment relationship of the employee, and if it can demonstrate that exceptional damage would be caused by the performance of the obligation under Section 24 (2) of the Act.
(2) Paragraph 22 (2) and (3) applies mutatis mutandis. The allowance may not exceed 75% of the amount paid by the employer to the staff member.
Contribution to cover the difference in premiums.
(1) The County Labour Protection Office shall grant a contribution to the employer who pays higher premiums in accordance with Paragraph 28 (4) of the Act to pay the difference in insurance premiums if the conditions laid down in other provisions are met.
(2) The contribution shall be granted to the employer only if the employer employs workers by the work with which he has given his assent to the Regional Labour Protection Office, provided that he has been properly employed and that the employee cannot, however, obtain a gross wage without his or her fault and without the employer's fault, under which he was insured in the previous employment.
The contribution provided for in Article 26 shall be calculated at 80% of the amount by which the employer had to pay more of his own under Article 28 (4) of the Act.
(1) The Regional Labour Protection Office shall provide the contribution provided for in Article 26, provided that the conditions are met, but for a maximum period of two years from the date on which the staff member entered the new employment.
(2) The contribution referred to in Article 26 shall be paid in arrears for the three social security contributions periods in question.
Management regulations.
(1) Aid (s) under this Regulation is authorised at the request of an authorised applicant. If the aid is subject to the provisions of Sections 4, 5, 2 or 13 (1), the application must be submitted no later than 60 days after the date of the new employment. The Regional Labour Protection Office shall, when giving consent to the contract of employment, instruct the staff member about the support that may be requested. If it is about the placement of an employee pursuant to § § 11 to 13 or § § 16 and 17 of the Act, the District Office of Labour Protection shall initiate an ex officio procedure.
(2) Local competent to grant aid by part Even this Regulation, except as provided for in Section 36, is the district labour protection office in which the staff member has his or her place of residence or residence at the time of the application. In the case of contributions under Part II, the regional labour protection office in the district of which the plant is located shall be responsible.
(1) The payment of aid under this Regulation shall be suspended ex officio if the conditions laid down for the granting of such aid or if it becomes apparent that they have not been fulfilled at all. The County Labour Protection Office shall state whether the beneficiary is to replace the amounts received and to what extent. Reimbursement of the aid granted may only be requested if the beneficiary has caused the aid to be granted by false assertions or by failing to comply with the obligations imposed on him or if it has been found to have lured aid through criminal proceedings.
(2) A valid decision by the County Labour Protection Office on compensation obligations under the preceding paragraph shall be enforceable by judicial or political execution. The amount to be recovered may be deducted from other aid which the beneficiary is entitled to receive.
(3) The entitlement to reimbursement of aid wrongly received shall be suspended for 4 years from the time the aid was granted. However, this provision does not apply if the grant of aid has been punishable.
(1) Applicants for aid (contributions) and their beneficiaries under this Regulation are required to notify without delay to the Regional Labour Protection Office all the facts which may have an impact on the granting of the aid and its amount and to prove it at the request of that Office. They shall be liable for damage caused by incorrect or incomplete data or the omission of relevant facts.
(2) In aid procedures under this Regulation, employers shall, at the request of the Regional Labour Protection Office or of the staff member, be required to notify, in case of confirmation of any circumstances relating to employment. The last sentence of the preceding paragraph shall apply mutatis mutandis.
(1) Unless otherwise provided for in this Regulation, the provisions of Paragraph 3 of the Decree of 4 June 1945, No. 13 Coll., on the provisional construction of labour protection offices, in Slovakia the provisions of § § 4 to 6 of the Decree of the Slovak National Council of 27 November 1945, No. 142 Coll. on the establishment of Regional Labour Protection Offices and the Regional Labour Protection Office.
(2) The Regional Labour Protection Office will not issue a written statement authorising aid under Sections 2 to 6 and 21.
General and final provisions.
(1) The aid (contributions) provided for in this Regulation are granted in the Czech and Moravian-Silesian countries by means of special-purpose assets for aid for inclusion in work, established under the Government Decree of 27 August 1943, No 250 Coll., on aid for inclusion in work.
(2) In Slovakia, aid (contributions) is granted through an advance payment of State resources.
The aid provided for in Part I of this Regulation, with the exception of the compensatory allowance provided for in Section 32 (2) of the Act, shall be exempt from taxes, fees and other public benefits and shall not constitute the wage applicable to the calculation of insurance premiums in public social insurance. They cannot be confiscated and have no legal consequences for public poverty.
(1) Paragraphs 6 and 7, § 8 to 20 and § 26 to 28 also apply to employees who have passed after 31 August 1946 but before the law is effective to a new type of profession more important for the fulfilment of a two-year economic plan.
(2) The aid referred to in the preceding paragraph shall be granted retrospectively if the authorised applicant so requests within 30 days of the date of publication of this Regulation at the relevant county labour protection office. It is a condition of granting that an earlier employment relationship was untied by an employee with the agreement of the relevant county employment protection office.
(3) The aid provided for in Sections 8 to 12 and the contribution to cover the difference in insurance premiums (Sections 26 to 28) shall be granted from the date on which the application was received by the competent labour protection office.
Employees who are duly resident in Slovakia, but who work in the Czech or Moravian-Silesian country, receive support under this Regulation by derogation from the provisions of § 29 (2) of the Regional Labour Protection Office, competent according to the place of employment.
For reasons for which aid (contributions) under this Regulation are granted, similar aid under the provisions of the Decree of 27 August 1943, No 250 Coll., on aid for inclusion in work may not be authorised.
The Minister of Social Welfare exercises his competence under this Government Regulation in Slovakia by means of a social security officer governed by directives issued by the Minister for Social Welfare.
This Regulation shall enter into force on the day of its publication and shall expire on 31 December 1948; they shall be carried out by the Minister for Social Welfare.
Gottwald v. r.
Dr Zenkl v. r.
Ursines v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr Stránská v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Wasted v. r.
Dr Pietor v. r.
Ing. Kopecký v. r.
Dr. Unedible v. r.
Dr Franek v. r.
Dr Clementis v. r.
Lichner v. r.
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Regulation Information
| Citation | Government Decree No. 157 / 1947 Coll., on Support Measures for the Implementation of National Labour Mobilisation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.09.1947 |
|---|---|
| Effective from | 12.09.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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