Decree No. 157 / 1975 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on regulating wage development and remuneration
Valid
Effective from 01.01.1976
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157
DECLARATION
Federal Ministry of Labour and Social Affairs
of 9 December 1975
on regulating wage development and labour pay
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:
Scope
(1) This decree applies to socialist organisations, their superior bodies and to public authorities, 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, but shall be subject to its provisions concerning the tasks of the authorities responsible for those undertakings and establishments. The provisions of part three to six shall apply to social organisations only in respect of workers in employment relationships.
(3) The cooperative organisations of the cooperative cooperative and their superior bodies are subject to this decree to the extent specified by the competent authorities of the cooperative associations with the agreement of 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 (hereinafter referred to as the "competent Ministry of Labour and Social Affairs of the Republic ') and with the approval of the Federal Ministry of Labour and Social Affairs.
(4) Agricultural cooperative organisations shall be subject to the provisions of Part Two to the extent determined by the Federal Ministry of Agriculture and Food with the approval of the Federal Ministry of Labour and Social Affairs. The provisions of part three to six shall apply only to workers in employment relationships.
(5) For the purposes of this decree:
(a) an economic organisation of a state economic organisation, a foreign trade undertaking, a cooperative undertaking and a cooperative undertaking, an undertaking and an economic establishment of a social organisation and another organisation, provided that it operates in accordance with principles similar to those of a state economic organisation;
(b) a budget organisation, a state budget organisation, a higher cooperative organisation (cooperative association, the Central Council of Cooperatives), a social organisation with the exception of its enterprises and economic facilities and other organisations, if it operates under the budget;
(c) a contribution organisation of an organisation which manages, under the budget involved in the financial relationship (contribution or contribution), to a state or other budget;
(d) by a superior authority, the authority which directly or through another body manages the organisation in its field of competence;
(e) Central Authority of the Central Authority of the State Administration, Regional National Committee, National Committee of the City of Prague, National Committee of the Capital of the SSR Bratislava, Central Council of Cooperatives, Association of Cooperatives, Central Body of the Social Organisation, Central Committee of the National Front and other authority (organisation) which performs the tasks of the Central Authority.
WAGES
(1) The means of wages are all the means of the organisation used to pay for activities carried out in employment and similar relationships and, where appropriate, for replacement transactions. Includes the resources of the organisation from which they are paid
1. Wages and compensation of wages paid to persons in employment and similar benefits to persons in service or in a Member State (hereinafter referred to as "wages and compensation") to whom they belong
(a) basic wages (time wages, including personal salaries, duty wages, share wages, mixed wages) and personal evaluations;
(b) wage supplements and other similar transactions;
(c) compensation for wages;
(d) in-kind benefits to be provided as part of the salary, in their monetary value as determined by specific provisions;
(e) premiums and fees;
(f) shares in economic results;
(g) similar transactions to those provided to persons in service or in a Member State;
2. remuneration, compensation and similar benefits to be paid to persons in relations with an organisation other than the work, teaching, service or member relationship to which they belong;
(a) remuneration for work under non-employment agreements;
(b) remuneration for work (activities) provided under special regulations (e.g. remuneration to civil defence chiefs, remuneration to residents of social services institutions for the operation of the Institute, etc.),
(c) remuneration and compensation for the performance of public functions (activities);
(d) rewards for discoveries, inventions, improvements, designs, solutions for thematic tasks (1), etc.,
(e) remuneration under copyright rules,
(f) special remuneration in the development of the workers' initiative (e.g. cash remuneration provided in connection with the award of an honorary title, in the absence of organisation staff, cash remuneration provided to best collectibles and individuals in competitions of national committees, etc.),
(g) remuneration (cash prizes) from public and narrower competitions and public promises;
(h) compensation for work income under special rules;
3. the amounts reimbursed by the organisation to another organisation to cover the transactions referred to in Nos 1 and 2;
4. amounts corresponding to basic salaries [No 1 (a)] in cases where apprentices, adolescents during the period of preparation for work and persons who are not in employment relationships (e.g. pupils and students, members of military services, persons from rehabilitation facilities, workers from foreign organisations, etc.) are engaged in the organisation's work at its place of work, managed or secured by the organisation by means of work (wage value of the work); in the course of professional development work, the wage value of the work also includes amounts corresponding to the other components of the salary and salary compensation [No 1 (b) to (f)] .2)
(2) The organisation may not include the transactions referred to in paragraphs 1 (1) and (2) in the wage resources provided that they are reimbursed by other organisations; However, if the organisation includes such transactions in the means of pay, it shall exclude them when the amount reimbursed is accepted.
(3) The budget and contribution organisations shall not include in the wage resources the means from which they pay the wage value of the work carried out by persons who are not in the employment relationship.
(4) Where the transactions referred to in paragraph 1 (1) and (2) are made available to persons under the Czechoslovak provisions, but in non-Czechoslovak currency, the amounts set out in the Czechoslovak currency under those rules shall be paid out of the means of payment; where transactions are provided under other regulations or agreements, the amounts set out in the Czechoslovak currency shall be paid out of the means of pay and, if not fixed, the amounts converted into the Czechoslovak currency.
(1) The costs of the organisation (in the economic organisation of the "wage and other personnel costs") (3) include the funds (Section 2) from which payment is made
(a) basic salary, personal evaluation, allowances and salary allowances and other similar transactions, compensation of wages, benefits in kind, premiums and remuneration, with the exception of those paid from the remuneration fund (paragraph 2), and the wage value of the work corresponding to those wages and salary allowances, provided that they are not refunded by another organisation from its wage resources ("wage costs");
(b) remuneration, compensation and similar transactions (Paragraph 2 (1) (2)), provided that they are not refunded by another organisation from its wage resources, and the amounts which the organisation repayable to another organisation pursuant to Paragraph 2 (1) (3) ("other personnel costs").
(2) From the funds of the remuneration fund (Sections 10 to 13), which are part of the means of pay of the economic organisation, payments are made
(a) shares in the economic results;
(b) the premiums and fees paid to managers, the heading of which shall be determined by the central supervisor in agreement with the competent Ministry of Labour and Social Affairs;
(c) extraordinary remuneration [Paragraph 26 (1) (b)],
(d) cash remuneration for results achieved in the development of the workers' initiative [Paragraph 26 (1) (c)];
(e) remuneration for significant work and life-years;
(f) other types of premium and remuneration, where specific rules so provide or the organisation so decides;
(g) the wage value of apprentices' work during the period of professional development corresponding to the share of economic results and the premiums and rewards referred to in points (c), (d) and (f).
CORRECTION OF WAGES
(1) Compliance between the volume of wage resources and the results of the organisation's activities is ensured primarily by binding wage limits (hereinafter referred to as the "binding limit"). At the same time, the dependence of some of its components on resources created in accordance with the regulations on financial, credit and price policies is used to guide wage resources.
(2) The competent authorities and organisations are based on the concepts (programmes) of the wage policy, as a general rule, for the five-year period and for the annual period, when regulating wage developments in their field of competence. In concepts (programmes), it sets out, within binding limits, intentions for the use of wage resources, in particular in terms of economically and socially efficient wage differentiation and increased efficiency of wage systems, and establishes the way in which they are secured.
(3) In order to guide wage developments in individual organisations, collective agreements are also used, which, to the extent provided for by the Labour Code, this decree and other regulations ensure wage developments in line with binding limits and regulate the use of wage resources.
(4) The binding limits to ensure the objectives of the national economic development plan are set by the government; If they are not determined by the government, they shall be determined by the central authorities on the basis of an agreement with the relevant Planning Commission and the relevant Ministry of Labour and Social Affairs. Within these limits, superior bodies shall set binding limits for organisations.
Binding wage limits
(1) Binding limits define the extent of wage resources for the whole year. binding limits are
(a) the standards determining the proportion of wage resources to the results of the activity expressed by the indicator established or the change of that proportion from the baseline;
(b) absolute limits directly determining the amount of wage resources.
(2) The competent authorities shall determine:
(a) wage and other personnel costs standards (§ 8) and remuneration fund standards (§ 10); where, in view of the management conditions and the interests of the company, they cannot establish standards for wage and other personnel costs or standards for the remuneration fund, they shall set an absolute limit instead of the standard;
(b) conversion rates for wage and other personnel costs and for remuneration funds; the coefficients to the absolute limit of wage and other personnel costs shall be determined only if compliance with the limit during the implementation of the plan is assessed, depending on the results of the organisation's activities, according to the specified indicator;
(c) conditional indicators to the standard of the remuneration fund and the degree of non-compliance with those indicators, in which entitlement to part of the allocation to the remuneration fund is forfeited subject to compliance with the relevant indicator (Section 10);
(d) the conditions for the absolute limit of the remuneration fund to be adjusted (increased and reduced) the absolute amount of the funds that may be allocated to the remuneration fund, depending on the improvement or deterioration of the performance of the organisation (Section 10).
(3) The authorities responsible for the budgetary and contribution organisations provide for an absolute wage limit. For selected contributory organisations, they may also provide for research and development bases in the agreement with the relevant Ministry of Labour and Social Affairs and the relevant Ministry of Finance and for the contribution organisations of the research and development base in the agreement with the Federal Ministry of Technical and Investment Development, or the Ministry of Construction and Technology of the Czech Socialist Republic or the Ministry of Construction and Technology of the Slovak Socialist Republic ("the relevant Ministry of Construction and Technology of the Republic ').
(a) the absolute limit on wage and other personnel costs and the absolute limit on the remuneration fund, instead of the absolute limit on wage resources;
(b) the conversion rates to the absolute wage limit or to the absolute wage and other personnel costs limit, where compliance with the limit during the execution of the plan is assessed according to the results of the organisation's activities according to a specified indicator;
(c) the conditions to the absolute limit of the remuneration fund, according to which the absolute amount of funds which may be allocated to the remuneration fund shall be adjusted (increased and reduced), depending on the improvement or deterioration of the performance of the organisation.
(4) The form of establishing the binding limit (paragraph 1), including the type and method of application of the indicators and coefficients laid down and the conditions laid down, cannot be altered during the year.
(5) On the basis of the binding limits and the conditions laid down, senior bodies and organisations shall draw up wage plans which are part of their economic plan.
(1) The competent authority may establish a breakdown reserve in the wage plan when setting (breakdown) the mandatory limits. The scope of the breakdown reserve shall be determined by the difference between the amount of wage resources resulting from the mandatory limit set by the superior body for organisations within its field of competence and the mandatory limits set by the superior body itself for those organisations. The organisation may create a breakdown reserve whose scope is determined by the difference between the amount of wage resources resulting from the mandatory limit and the amount of wage resources broken down into individual, usually quarterly periods. In establishing the breakdown reserves, the planned results of the activity are based on indicators on which a binding limit has been established. The breakdown reserve cannot be remunerated by the organisation for the fund. Where the creation of the breakdown reserve in the wage plan affects the rest of the economic plan, it shall also be reflected in those parts of the plan.
(2) The breakdown reserves may be used for the additional breakdown or may be tied. The competent authority may, at the same time as the commitment of the fund's breakdown reserve, grant a grant to the remuneration fund or allow it to exceed the standard or absolute limit of the remuneration fund.
(3) Bound roster reserves shall not be used until the reasons for which they were tied have been waived. However, the competent authority may use the fixed reserves of wage and other personnel costs or means of wage for an additional breakdown to the organisation for which it has bound the reserve.
(4) The level of the binding limits, including the level of the relevant indicators, coefficients and, where appropriate, other quantitative dependencies, and the resulting volume of wage resources, as well as its breakdown per component and per period of the year, may be changed in the economic plans until the last day of the period covered by the change. The amendments shall be reflected when they affect the other parts of the economic plan, including those parts of the plan. Changes to the organisation's wage plan, except for changes made in the second half of the year and resulting from the organisation's reserve breakdown, require confirmation of the superior body.
(5) When increasing the planned results of the activity, expressed in the indicator on the basis of which the standard of wage and other personnel costs was established, a change in the planned volume of these costs may only be made to the extent resulting from the standard and the conversion rates; when reducing the planned results, the change shall be made to the extent resulting from the normatics. The provisions of the preceding sentence shall not apply to changes made on the basis of the additional breakdown of provisions.
(6) The competent authorities and organisations shall keep a sound record of the creation and use of the breakdown reserves (paragraphs 1 to 3) and of changes to the economic plans (paragraphs 4 and 5).
(1) The annual volume of wage resources corresponding to the standard or to the absolute limit of wage and other personnel costs or to the absolute limit of wage resources, minus the breakdown reserve, shall be divided by the organisation in the wage plan into labour costs and other personnel costs or wages and other personnel costs. The annual volume of wage costs or wages and the annual volume of other personnel costs shall be subdivided into at least one quarter, taking into account factors affecting the need for the relevant part of the wage resources in each period. The annual allocation to the remuneration fund corresponding to the absolute limit shall be divided by the organisation in the wage plan for each quarter or month, as appropriate, only if necessary to calculate the allocation to the remuneration fund during the implementation of the plan. For the same periods of time, the wage plan shall also divide the results of the activity expressed in indicators based on the setting of binding limits or on which compliance with the mandatory limits is assessed during the implementation of the plan or the allocation to the remuneration fund is calculated.
(2) The organisation's wage plan drawn up in accordance with paragraph 1 and endorsed by the superior authorities.4) The wage plan of an organisation which does not comply with the binding limits and overall intentions of the State Plan or whose indicators are not correctly distributed over each period of the year shall not be confirmed. The division of the group's wage plan for each period of the year need not be confirmed unless the central authority, with the agreement of the relevant Ministry of Labour and Social Affairs, insists.
(3) The validated wage plan, which contains indicators to check compliance with the mandatory limits, divided over each period of the year in an increasing manner, announces the economic and contribution organisation to the branch of the State Bank of the Czechoslovak or other cash institution with which it is related (hereinafter the "bank '). It announces in the same way the wage plan resulting from the confirmed change (Paragraph 6 (4)).
Standards and absolute limits on labour costs and other personal costs and wage resources
(1) The standard of wage and other personnel costs determines the proportion of these costs in the performance of organisations; the absolute limit shall be determined by the amount of the wage and other personnel costs.
(2) In determining labour and other personnel costs, the performance indicators underlying the government's normative work shall be used. Another indicator, exceptionally also several indicators applied at the same time to one organisation, can only be used if the workload and social utility of performance is better expressed in this way.
(3) The absolute limit of wage and other personnel costs is determined in accordance with Article 5 (2) (a), in particular where the consumption of live labour is not directly dependent on performance or where the dependence of wage and other personnel costs on performance could weaken the social interest of other results.
(4) The conversion factors to the standard of labour costs and other personnel costs shall express the ratio in which the planned volume of labour costs is recalculated when the performance is exceeded. The conversion rates shall be set at a lower numerical value than one so as to make it less difficult to accept and exceed a low-progressive plan; to that end, zones of overshoot of planned performance with gradually decreasing coefficients shall be established. In determining the conversion rate for the first band of overshoot of the planned performance, the proportion of wages dependent on performance shall be based mainly on the total volume of labour costs. In determining the band ranges and conversion rates for each band, account shall be taken in particular of the social interest in exceeding the planned performance, of factors which allow the planned performance to exceed without increasing the wage costs and of the intentions of wage differentiation.
(5) The performance indicators that are affected by changes in the share of material costs or to the extent of unrealised performance against the plan shall be cleansed from the effect of these changes for the purpose of assessing whether the organisation has complied with the standards of wage and other personnel costs during the implementation of the plan.
(1) The assessment of whether the organisation has complied with the standards or the absolute limit of wage and other personnel costs or the absolute limit of wage resources during the implementation of the plan shall be carried out on the basis of the applicable volume of these costs or resources. The applicable volume shall be recalculated or, where appropriate, not recalculated, the planned volume of wage costs or wages plus the actual but maximum planned volume of other personnel costs and the amounts to be added.
(2) The organisation, which is set by the labour and other personnel costs standard, converts the planned wage cost volume depending on the performance of the intended output volume and the set conversion rates. An organisation which sets an absolute limit on the wage and other personnel costs or means of employment shall, only if this method of assessment is set in accordance with Paragraph 14 at the same time as the relevant indicator and conversion rates, calculate the amount of wage or wage costs or wages normally planned.
(3) The amounts attributable under paragraph 1 shall be:
(a) linked to the breakdown reserve of the wage and other personnel costs or means of employment of the organisation, to the extent authorised by the superior body;
(b) bound in the breakdown reserve of wage and other personal costs or means of employment of the superior authorities;
(c) bound by the guidelines of the Federal Ministry of Labour and Social Affairs in the remuneration fund to ensure the desired differentiation of overtariff wage components included in costs;
(d) wages and compensation of wages, other remuneration and compensation and similar transactions provided by the organisation during the previous periods of the year on its salary and other personnel costs or means of employment, and which will be reimbursed to it;
(e) rewards for discoveries, inventions, improvement proposals, industrial designs, solutions to thematic tasks, etc., provided during previous periods of the year which exceed the total amount of remuneration granted during the same period of the previous year.
(4) The standard or absolute limit on wage and other personnel costs or the absolute limit on wage resources shall be observed if the amounts charged for payment for the period concerned are not higher than the applicable volume of wage and other personnel costs or wage resources. The difference between the amounts cleared for payment and the applicable amount of personnel and other personnel costs or means of payment shall be considered as saving or exceeding the standard or absolute limit for which further provisions are followed. Compliance with the standard or absolute limit shall be assessed at least on a quarterly basis, each from the beginning of the year.
(5) In assessing whether the standard or the absolute limit of wage and other personnel costs or the absolute limit of wage resources are respected in the field of competence of the superior authorities for all organisations for which the relevant standard or absolute limit is established, a comparison shall be made between the sum of savings and the sum of overruns recorded for subordinate organisations and the activities of the superior authorities (paragraph 4). The normative or absolute limit shall be observed if the sum of the overruns is not higher than the sum of the savings and all the breakdown reserves of the wage and other personnel costs or the means of wages of the institutions and organisations which are not bound.
Standard and absolute limit of the remuneration fund
(1) The standard of the remuneration fund is to determine the proportion of the profits of the organisations that can be allocated to the remuneration fund; the absolute limit of the remuneration fund shall be determined by the amount of these appropriations.
(2) As regards the standard of the remuneration fund, the superior body shall provide the organisation with at least two conditional indicators which characterise the efficiency of the economy and the decisive tasks of the economic plan, the fulfilment of which is subject to half of the possible allocation to the remuneration fund under the standard, and shall determine the degree of non-compliance with the indicators at which the entitlement to the part of the allocation conditional on their implementation ceases. In doing so, the competent authority shall be based on a range of indicative indicators and degrees defined for organisations in its field of competence by the central authority in an agreement with the relevant Ministry of Labour and Social Affairs and the relevant Planning Commission and, as regards project and engineering organisations and economic organisations of research and development bases, the Federal Ministry of Technical and Investment Development in an agreement with the Federal Ministry of Labour and Social Affairs, the State Planning Commission and the Ministries of Construction and Technology and Labour and Social Affairs of the Republic.
(3) The organisation may allocate funds to the Fund, the volume of which shall be calculated on the basis of profit and the standard laid down. When the planned profit is exceeded, the amount of resources, corresponding to the overrun and the standard laid down, shall be reduced by the conversion rate.
(4) Half of the amount of funds calculated in accordance with paragraph 3 shall be allocated by the organisation to the same part according to the number of indicative indicators established. In the event of failure to comply with each conditional indicator, it shall reduce the corresponding part of the appropriations evenly so that, when the performance of the indicator falls to a specified degree, that part of the appropriations cannot be allocated to the remuneration fund. The competent authority may apply a similar reduction procedure also where the organisation does not provide the numerical value of the conditional indicators in the economic plan, which results from a breakdown by the superior authority.
(5) The absolute limit of the remuneration fund may be determined by the management body where:
(a) the organisation plans a loss over the year;
(b) the economic performance of the organisation varies widely during the year;
(c) the share of the remuneration fund in profit would exceed 30%; or
(d) the direct (linear) dependence of the amount of the remuneration fund on profits does not correspond to the nature of the organisation's activities.
(6) At the same time as the absolute limit of the remuneration fund, the supervisory authority shall determine the conditions under which the organisation shall adjust (increase and decrease) the amount of funds which it may allocate to the remuneration fund, depending on the improvement or deterioration of its performance. The conditions shall provide for the performance of the organisation's activities to be expressed by an indicator characterising, in particular, the effectiveness of the management, to be applied mutatis mutandis in accordance with the provisions of paragraphs 2 and 4 of this Article and to favour the adoption of a higher task in the economic plan before exceeding the lower task.
(1) The organisation may increase the amount of funds that may be allocated to the remuneration fund under the standard or absolute limit (§ 10 (3), (4) and (6)) by the amounts corresponding to:
(a) the share determined from the price advantage of technically progressive and first-class products, the improvement of the effect of foreign exchange and the interest rates granted by the bank;
(b) the permitted excess or absolute limit of the remuneration fund (Paragraph 6 (2));
(c) savings reported for the whole year against the normative or absolute limit on wage and other personnel costs (Section 9 (4)); This increase may be carried out by the organisation only with the agreement of the superior body, the design and engineering organisation and the approval of the Federal Ministry of Technical and Investment Development and, where appropriate, the relevant Ministry of Construction and Technology of the Republic.
(2) The organisation complements the funds of the remuneration fund outside the specified standard or an absolute limit
(a) subsidies granted by State budget funds;
(b) subsidies granted under the breakdown reserve of the fund for the remuneration of senior bodies (Section 6 (2)),
(c) funds transferred from another organisation's remuneration fund (Section 12 (1)).
(3) The organisation shall reduce the amount of funds which may be allocated to the Fund in accordance with the normative or absolute limit (Sections 10 (3), (4) and (6), as well as above the normative or absolute limit (paragraph 1) by the amounts corresponding to the percentage of the price handicaps of technically obsolete and third-grade products and of the interest penalties applied by the Bank, but not more than 30% of the amount recorded under the standard or absolute limit (Sections 10 (3), (4) and (6)).
(4) The conditions and procedure for increasing and reducing the amount of funds referred to in paragraph 1 (a) and paragraph 3, as well as any other cases of supplementing and reducing the remuneration fund referred to in paragraphs 2 and 3, are laid down by the Federal Ministry of Labour and Social Affairs in agreement with the Ministry of Labour and Social Affairs of the Republic and other central authorities involved.
(1) The funds allocated to the remuneration fund under Article 11 (1) (a) may only be used by the organisation to pay workers who have influenced or are responsible for the results obtained; the appropriations allocated under Articles 11 (1) (a) and 11 (2) (a) may also be transferred to the remuneration fund of other organisations which have benefited from the results obtained.
(2) The organisation may provide the funds from the Fund to trade union councils on important construction5) to pay remuneration for the results of the development of the labour initiative under the conditions laid down by the trade union and the investor general in agreement with other organisations involved in the construction.
(3) The organisation may use the funds of the remuneration fund only up to the amount of their balance which is not bound by it.
(4) The balance of the funds of the remuneration fund is transferred by the organisation to the following year.
(1) The remuneration fund of the group enterprise is constituted by subsidies from the group fund on the basis of predetermined conditions. The terms and conditions of the group shall, mutatis mutandis, be laid down in Section 10, so that the planned subsidies to the remuneration fund of all the group companies are not less than half of the planned allocation to the group fund. Under the conditions, it may also provide for a procedure mutatis mutandis in accordance with Paragraph 11.
(2) The group undertaking shall proceed with the use of the remuneration fund pursuant to Paragraph 3 (2) and, unless otherwise provided for by the group, also under Section 12.
Derogation for the application of mandatory limits
(1) The Federal Ministry of Labour and Social Affairs may, in agreement with the State Planning Commission, define in more detail the manner and other conditions of use of performance indicators and conversion rates (§ 8) and establish a different procedure for assessing whether the standard or the absolute limit on wage and other personnel costs or the absolute limit on wage resources has been complied with during the implementation of the plan (§ 9). It may also provide for a different way of applying the standard or absolute limit on the remuneration fund than set out in Sections 10 and 11. The same measures may be implemented with the approval of the Federal Ministry of Labour and Social Affairs and the relevant Planning Commission
(a) the Federal Ministry of Technical and Investment Development in agreement with the Ministries of Construction and Technology and Labour and Social Affairs of the Republics for Project and Engineering Organisations and Research and Development Base Organisations;
(b) the Ministry of Labour and Social Affairs of the Republics for organisations governed by the Central Authorities of the Republics, with the exception of those referred to in (a);
(c) other central bodies for organisations in their field of competence, and in the case of central authorities of the Republic, in agreement with the competent Ministry of Labour and Social Affairs of the Republic; for project and engineering organisations and research and development base organisations, further in agreement with the Federal Ministry of Technical and Investment Development and, where applicable, the relevant Ministry of Construction and Technology of the Republic.
(2) The measures referred to in paragraph 1 for budgetary and contribution organisations also require the approval of the competent Ministry of Finance.
Measures to remedy undesired wage developments
(1) If the organisation finds that compliance with the mandatory limit or pay-out is at risk in full, it shall proceed without delay to remedy the causes, or apply measures to the responsible staff in accordance with the relevant rules. In cooperation with the trade unions, it shall inform the collective of workers of the state of the economy, the deficiencies identified and their causes, the necessary corrective measures and organise the participation of workers in their implementation. The corrective measures shall be notified to the superior authority.
(2) In order to address the shortcomings in the development of wage resources, the organisation shall, in particular, implement rationalisation measures to improve economic activity and increase labour productivity, examine the correctness of the inclusion of work activities (functions) in the tariff classes and the use of wage charges, bonuses, wage preferences, etc., and make the necessary changes to the premium regulations, the conditions for granting remuneration, the level of the remuneration facilities and other measures. At the same time, it will determine the procedure for cases where wage payments could be reduced to a guaranteed level (§ 37).
(1) If the superior authority finds that compliance with the mandatory limit is at risk in the organisation, it shall impose on the organisation corrective measures, including measures to review and adjust the standards of labour consumption, 6), in particular if it does not consider the measures implemented by the organisation in accordance with Article 15 to be sufficiently effective.
(2) If the superior authority finds that the organisation has exceeded the mandatory limit, it shall discuss with it and, in more serious cases, with the cooperation of the bank the reasons for the excess and shall apply some of the following measures:
(a) impose corrective measures on the organisation if they have not done so in accordance with paragraph 1 or if the previously imposed measures are not sufficiently effective and notify the Bank thereof;
(b) establish a monthly check of compliance with the mandatory limit and require the organisation to notify the bank of the breakdown of the wage plan for each month and inform it on a monthly basis of compliance with the mandatory limit;
(c) limit the right of the organisation to dispose of funds in its bank account for the period required; request the bank to release the organisation's wage resources only to the extent specified and to require the organisation to demonstrate to the bank that the amounts collected, including the amounts of transfers, to the divestment and other organisations (wage reimbursement) and the amounts deducted from the salary do not exceed the specified scope;
(d) apply measures to the management organisation in accordance with the relevant rules.
(3) The competent authority shall limit the organisation's right to dispose of funds in its account with the bank by establishing the excess amount of funds applicable to remuneration and compensation of wages, other remuneration and compensation and other performance. The amount of funds that are not exceeded shall be determined in such a way as to compensate the organisation by the end of the year at the latest for exceeding the mandatory limit; However, this volume must correspond at least to the sum of wages and other transactions the payment of which is guaranteed to workers during the period referred to in Paragraph 37 (1) and the amount that the organisation repayments from its wage resources to another organisation (Paragraph 2 (1) (3)).
(4) The measures referred to in paragraph 2 may be waived by the superior authority if they are to exceed the transitional nature which the organisation shall settle within a short period of time. If the bank requests a monthly check of compliance with the mandatory limit to be introduced, the superior authority shall comply with the request. The measures expire by offsetting the excess.
(1) If the economic organisation exceeds the standards or the absolute limit on wage and other personnel costs (Section 9 (4)) for the whole year and if this overrun is not subsequently covered by the binding of the budget reserves of the supervisory authorities, it shall, after the end of the year, make an additional contribution from the fund to the state budget7) to the excess. If the Fund's funds for the full payment of the additional levy are insufficient, the organisation shall pay the remaining amount in subsequent years. The concert makes an additional contribution from the funds of the group fund.
(2) The economic organisation shall make an additional contribution to the bank account of the State budget within 15 days of the deadline set for the submission of the annual accounts for the year in which the standard or absolute limit on wage and other personnel costs were exceeded. If it is unable to make a full contribution, it shall pay the remaining amount gradually in quarterly instalments within 30 days of the end of the quarter. For quarterly instalments, all funds shall be used by the Fund for remuneration.
(3) If the standard or absolute limit on wage and other personnel costs (Paragraph 9 (4)) is exceeded during the year, the economic organisation shall bind the funds of the remuneration fund to the extent specified in paragraph 1. Where it makes the quarterly instalments of the additional levy referred to in paragraph 2, during the quarter, the funds of the Fund shall bind the remuneration to the extent corresponding to the outstanding amount of the additional levy.
(4) The provisions of the preceding paragraphs do not apply
(a) the appropriations allocated to the remuneration fund pursuant to Article 11 (2) and to 30% of the balance of the remuneration fund transferred from last year;
(b) to the funds allocated to the fund of remuneration from the resources of the organisation, to the extent equivalent to 30% of the amount calculated in accordance with Article 10 (3) and (4) or (6);
(c) to the funds allocated to the fund of remuneration from the resources of the organisation, to the extent appropriate to the amount calculated in accordance with Article 11 (1) (a) and less the amount calculated in accordance with Article 11 (3).
REMUNERATION OF WORKERS IN WORK RELATIONS
(1) The competent authorities and organisations ensure that the level of wages is dependent on the complexity and difficulty of the work, the conditions under which it is carried out, the personal skills and assumptions of the labour workers, their relationship with work and the results of work and economic performance achieved. To do this, they create and use the wage system, in particular the tariff pay system and the wage form system.
(2) Organisations use tariff wages and wage forms in accordance with the provisions of this decree, other wage regulations, principles and directives and collective agreements to comply with the specific technical, organisational and economic conditions of the workplaces. In particular, the level of wages varies between workers according to qualifications and performance.
(3) Organisations and senior bodies create conditions for the effective application of the wage system, in particular ensuring the substantive conditions for smooth and efficient work, setting labour consumption standards, identifying specific tasks for individual workers and, where appropriate, collectibles, and ensuring a consistent control and evaluation of their performance.
System of tariff wages
(1) Federal Ministry of Labour and Social Affairs to ensure wage differentiation according to the complexity and difficulty of work, the conditions under which work is carried out, the personal skills and assumptions of workers for the performance of work and long-term work results
(a) establish uniform principles for the system of tariffs, which include in particular the way in which the work is assessed, the classification of typical professions and functions (work) in the tariff classes (grades), the way in which the catalogue of professions and functions are drawn up and used as binding documents for the granting of personal (qualification) and tariff classes, wage tariffs and their differentiation and use; lay down the principles governing the allocation of personal salaries;
(b) issue, as appropriate, qualification catalogues of the profession (s) or regulate, in a uniform manner, the evaluation of works and the setting of basic salaries for certain groups and categories of workers.
(2) Qualifying catalogues are issued and tariff salaries and allowances, or parts thereof, are provided for
(a) federal central authorities in agreement with the Federal Ministry of Labour and Social Affairs for organisations managed by the Federal Central Authorities;
(b) the central authorities of the Czech Socialist Republic and the Slovak Socialist Republic in agreement with the relevant Ministry of Labour and Social Affairs and with the Federal Ministry of Labour and Social Affairs for organisations governed by the central authorities of the Republics.
(3) In order to enhance the dependency of individual tariffs on long-term performance, quality and economy of work, on professional assumptions and skills for the performance of work and on the duration of employment, organisations may use tariff wages in the range or personal assessment according to the principles established by the Federal Ministry of Labour and Social Affairs.
System of wage forms
(1) Organisations decide on the use of wage forms; In doing so, they follow the provisions of Sections 111 to 113 of the Labour Code, the provisions of this Order and other provisions on remuneration.
(2) Organisations use wage forms to achieve the best possible results of the work of each individual or collective of workers and thus ensure the performance of the organisation's tasks. Workers can be paid only for the results of work which significantly influence and are responsible. For this purpose, organisations carry out regular analyses of the effectiveness of wage forms and adapt them to changes in the technical organisational level of the work process and the needs of technical and organisational development. If the wage form does not work in the desired direction or if it does not comply with the provisions on the direction of wage resources, the organisation shall adjust it or replace it with another wage form.
(3) In order to stimulate the efficient use of individual wage forms, organisations create the necessary preconditions, in particular a set of standards, normative documents, indicators and criteria, which will enable the individual workers and the collective to determine the tasks in terms of, control and assess the performance of the work. When establishing labour consumption standards, organisations follow the provisions of Section 114 of the Labour Code and other regulations.
(4) Individual wage forms, with the exception of shares in economic results, may be used as individual or collective, according to the conditions and focus. Collective wage forms can be used where the organisation and division of work require close cooperation and cooperation of the working group, where the results of the work are directly dependent on the cooperation of individual members of the group. The share of individuals in collective earnings shall be determined in a predetermined manner.
(5) When using individual wage forms, the organisation shall proceed in such a way that the worker does not receive more than one salary for the same work results.
(6) The wage forms used must not compromise the safety and health of workers.
Time wages
(1) Time wages are used mainly in workplaces where:
(a) the worker is required, depending on the nature of the work, primarily autonomy, accuracy, personal initiative; or
(b) the results of the work expressed in particular by quality and economy indicators are required of the worker; or
(c) the high degree of division of work, organisation of production and work requires the stability of performance and close cooperation of the whole working group, or where the performance is determined by the operation of the production facility; or
(d) the diversity and frequent rotation of work activities make it impossible to establish in advance, reliably and economically, the procedure and the required work results, or to detect and control them reliably.
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Regulation Information
| Citation | Federal Ministry of Labour and Social Affairs Decree No. 157 / 1975 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1975 |
|---|---|
| Effective from | 01.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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