Decree No. 158 / 1970 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on regulating wage developments and labour pay principles
Valid
Effective from 01.01.1971
Zobrazeno prvních 200 z celkem 288 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
158
DECLARATION
Federal Ministry of Labour and Social Affairs
of 29 December 1970
on regulating wage developments and labour pay principles
The Federal Ministry of Labour and Social Affairs provides, pursuant to § 43 (1) of Act No. 133 / 1970 Coll., on the jurisdiction 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 the Czechoslovak Revolutionary Trade Union Movement:
Preliminary provisions
(1) This decree shall apply to socialist organisations, their superior bodies and to government bodies with the exceptions referred to in paragraphs 2 to 5.
(2) Social organisations not assigned tasks in national economic development plans (hereinafter referred to as "national plans') shall be subject to the provisions of Part One of the Decree; If they carry out the tasks of the authorities in charge of undertakings and economic establishments (paragraph 6), they shall also be subject to the other provisions of the Order.
(3) Organisations and bodies of production cooperatives are covered by the Order to the extent specified by the competent authorities of cooperative associations with the agreement of the Ministry of Labour and Social Affairs of the Czech Socialist Republic or the Slovak Socialist 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 Three of the Ordinance governing the remuneration of their workers in employment relations and of Part Four of the Ordinance in so far as they relate to the remuneration of such workers.
(5) The organisations and bodies referred to in paragraphs 2, 3 and 4 are subject to the provisions of Paragraph 17 as regards their workers in employment relationships.
(6) Where further provisions of this decree refer to economic management bodies, they shall be understood to be the authorities superior to socialist organisations and the competent central government bodies.
Wages
(1) The means of wages constitute the means used to provide:
(a) time wages, including basic and personal salaries, task, share and mixed wages (basic wages);
(b) bonuses and arrears for wages and other similar transactions;
(c) compensation for wages,
(d) in-kind benefits and cash compensation which are of the nature of wages;
(e) bonuses and rewards,
(f) share of economic results;
(g) fees and fees for work, compensation and similar transactions to natural persons, except in the case of wages or other transactions referred to in points (a) to (f), and unless the Federal Ministry of Labour and Social Affairs decides that they are not to be paid out of salary funds ("other personal expenses").
(2) The wage resources of the organisation shall include the amounts which, under the relevant rules:
(a) the organisation shall reimburse the wages and other transactions referred to in paragraph 1 (a) to (g) provided to the worker by another organisation;
(b) they are responsible for the wages of work carried out for the organisation by persons who are not in employment relations with the organisation (e.g. pupils and school students, members of military departments, persons from rehabilitation facilities, workers from foreign organisations, etc.), provided that the organisation manages or provides such work by its means;
(c) they shall be responsible for the work carried out by the apprentice, unless such amounts have been provided as wages for the work carried out.
(3) Amounts refunded under paragraph 2 (a) shall be set aside from the wage resources of the organisation which has accepted them.
In accordance with the relevant regulations, the organisation shall only provide wages and other services referred to in points (a) to (f) of Paragraph 2 (1) to workers working with it and apprentices during the period of professional development; it is granted after the end of the employment (teaching) relationship only if the entitlement to such performance arises during or in connection with the employment (teaching) relationship to the organisation.
Wages and other transactions referred to in § 2 (1) (a) to (e) and (g) and the amounts referred to in paragraph 2 shall be included in the costs (in economic organisations "wage and other personnel costs'); the costs do not include premiums and fees paid by the remuneration fund in economic organisations (Section 12).
Adjusting wage resources
(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"). the binding limits are set out in the State plans and economic plans. At the same time, the dependence of some of their components on resources created with regard to financial, credit and price policies is used to guide wage resources.
(2) In order to guide wage developments in individual organisations, collective agreements are also used, which, to the extent laid down by the Labour Code, this decree and other regulations or directives of the central authorities, ensure the proportion of wage developments resulting from the economic plan and the way in which the wage resources are used.
(3) For organisations for which binding limits are not laid down in State plans, the limits shall be set by their superior bodies in agreement with the relevant Planning Commission and after consultation with the relevant Ministry of Labour and Social Affairs. The provisions of Part Two of the Order shall apply mutatis mutandis.
Binding wage limits
(1) State economic organisations, foreign trade organisations and consumer cooperative organisations shall set a binding limit in the State plans, expressed in terms of wage and other personal costs and the remuneration fund limit; a conversion rate may be set for the limit of wage and other personnel costs. For housing co-operative organisations and enterprises and economic facilities of social organisations and for budget and contribution organisations, a single comprehensive binding limit shall be established in the State plans. The binding limits define the annual volume of wage resources.
(2) The economic management authorities shall draw up binding limits on the organisations and, where necessary, establish the necessary breakdown reserve so that the mandatory limit set by those authorities is not exceeded in aggregate. The authorities superior to the housing cooperative organisations and to the undertakings and economic facilities of the social organisations may, on the breakdown, divide the aggregate binding limit into the wage and other personnel costs limit and the remuneration fund limit.
(3) The organisation shall determine, on the basis of broken down binding limits in wage plans, the annual volume of wage resources and allocate them to at least individual quarters, taking into account factors affecting the need for wage resources. In doing so, they may create the necessary breakdown reserve, with the exception of the reserve within the remuneration fund limit. For the same periods of time, the wage plan shall also divide the annual volume of output expressed in the indicator based on the setting of binding limits and the annual volume of economic results, provided that the organisation has established the limit of the remuneration fund in accordance with Article 8 (3). The organisation shall submit these wage plans to its superior body, which shall assess them in terms of compliance with the overall objectives of the State Plan and the accuracy of the distribution of the annual volume of wage resources, performance and economic results for a shorter period. If these plans are confirmed by the superior authority, they shall be the basis for ensuring and monitoring wage developments and checking compliance with mandatory limits. The State Economic and Contribution Organisations, Foreign Trade Organisations, Consumer and Housing Cooperative Organisations and Companies and Economic Equipment of Social Organisations shall report the indicators of the validated wage plan to the branches of the State Bank of the Czechoslovak or other Money Institute (hereinafter the "Bank ') with which they are financially linked.
(4) The breakdown reserve shall be established on the breakdown of the mandatory limits, to the extent that the difference between the amount of wage resources resulting from the fixed mandatory limit and its breakdown into subordinate organisations or for each annual period. The calculation shall be based on the planned level of performance and economic results expressed in the indicators on the basis of which binding limits have been established.
(5) The economic management authorities and organisations may use the reserves they have created pursuant to the preceding paragraphs for an additional breakdown or may bind them. The economic management authorities may, at the same time as the tying of the breakdown reserve within the remuneration fund, grant to a subordinate organisation a dedicated subsidy to its remuneration fund.
(6) The additional breakdown shall reduce the reserves created by the economic management authorities and organisations referred to in the preceding paragraphs. If the reserve is broken
(a) the economic management body, thereby increasing the binding limit initially established for the subordinate body or organisation;
(b) the organisation, thereby changing the distribution of the annual volume of wage resources per period.
(7) The economic management authorities may not apply the tied reserves until the reasons for which the reserves have been tied have ceased to exist. However, tied reserves within the limits of wage and other personal costs, or, where applicable, within one aggregate mandatory limit, may be used for an additional breakdown to the organisation for which they were tied.
(8) The wage plan indicators may only be modified until the last day of the period covered by the change. A change which is not associated with an additional breakdown of the reserves requires the approval of a superior authority; when the planned output is increased only to the extent resulting from the mandatory limit and the conversion rate, when reducing those output is performed to the extent resulting from the binding limit. The method of setting the binding limit cannot be changed due to failure to fulfil the planned performance. State economic and contribution organisations, foreign trade organisations, consumer and housing cooperative organisations and companies and economic facilities of social organisations shall notify all changes to the relevant branches of the Bank.
(1) The limit on wage and other personnel costs (Paragraph 4 (1)) is determined by the proportion of these costs in performance and, where appropriate, by the absolute amount of wage and other personnel costs.
(2) The performance indicators underlying the State plans shall be used for the breakdown of the wage and other personnel cost limits. Other indicators (exceptionally several indicators for one organisation), if they better ensure the planned development of wages in terms of social interests and allow for more effective control, may be used by the economic management authorities,
(a) if the organisations are managed by federal bodies, after consultation with the State Planning Commission and the Federal Ministry of Labour and Social Affairs,
b) If other organisations are involved, after discussion with the Czech Planning Commission or the Slovak Planning Commission and the relevant Ministry of Labour and Social Affairs.
(3) In the absence of appropriate conditions for the breakdown of the mandatory limit, provided for in the form of a proportion of the wage and other personnel costs in performance, the economic management authority may set the organisation an absolute amount of the wage and other personnel costs.
(4) The economic management body will set a limit for the organisations, determined in the form of a proportion of the wage and other personnel costs of performance, the conversion rate expressing the ratio in which it increases (recalculates) during the implementation of the plan, the planned volume of the wage and other personnel costs when the planned performance is exceeded. The conversion rate shall be lower than one; the determination is based mainly on the proportion of wages dependent on output from the total volume of wage and other personnel costs.
(1) The limit of the remuneration fund shall be determined by determining the proportion of the funds which may be allocated to the remuneration fund to the profit adjusted in accordance with paragraph 2 and, where appropriate, the absolute amount of such funds.
(2) A profit indicator based on State plans shall be used for the breakdown of the cap on the remuneration fund. The adjustment of this profit shall be made by dividing the profit by the increase or reduction in labour costs and other personnel costs against the previous year. In total *) against the previous year, the profit shall be multiplied by the index of this decrease.
(3) The economic management authority may determine to the subordinate organisation the absolute amount of the remuneration fund (allocation for the current year) and the extent of its increase or reduction, depending on the improvement or deterioration of the economic result 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 calculated in accordance with paragraph 2 would exceed 30%;
(d) the direct (linear) dependence of the amount of the remuneration fund on profits calculated in accordance with paragraph 2 does not correspond to the nature of the organisation's activities.
(4) Where, from a social point of view, it is desirable to use a different method of setting the limit on the remuneration fund than laid down in the previous provisions, it shall decide:
(a) if they are organisations managed by federal authorities, the Federal Ministry of Labour and Social Affairs in agreement with the State Planning Commission and the Federal Ministry of Finance;
(b) if the other organisations, the Ministry of Labour and Social Affairs of the Czech Socialist Republic or the Slovak Socialist Republic are in agreement with the relevant Planning Committee and the relevant Ministry of Finance and with the approval of the Federal Ministry of Labour and Social Affairs.
(5) The calculations referred to in the preceding paragraphs shall be made on the basis of the data provided in the financial plans, in the wage plans and in the farm performance statements with the accuracy of the calculation to three decimal places.
(1) In the housing cooperatives' organisations and in the undertakings and economic establishments of the social organisations, a binding limit on the proportion of wage resources (§ 2 (1) (a) to (g))) shall be laid down in performance and, where appropriate, their absolute amount. Paragraph 7 shall apply mutatis mutandis.
(2) Where a superior body determines, in accordance with § 6 (2), the limit on wage and other personnel costs and the limit on the remuneration fund, the provisions of § 7 and 8 shall apply to those limits.
(1) The budgetary and contribution organisations shall determine by a binding limit the absolute amount of the wage and other benefits referred to in points (a) to (e) of Paragraph 2 (1) and (g) of Article 2 (1), with the exception of those paid from the special funds.
(2) In agreement with the Federal Ministry of Finance or the Ministry of Finance of the Czech Socialist Republic or of the Slovak Socialist Republic, the competent central authority may lay down rules for the conversion of the absolute amount of wage resources in accordance with performance requirements in the breakdown of the binding limit; acting mutatis mutandis in accordance with the provisions of § 7 (2) and (4).
(1) In assessing whether the limit of wage and other personnel costs or wage resources set as a percentage of output is respected in organisations (§ 7 (1), § 9 (1)), the plan shall be based on the volume of wage and other personnel costs or on the volume of wage resources planned for the relevant period, which shall be converted according to the performance plan; if the planned output volume is exceeded, be converted by a specified ratio (conversion rate) to that excess. In the same way, compliance with the mandatory limit in the contribution organisations shall be assessed if they have been established in accordance with Paragraph 10 (2) of the rules for the conversion of the absolute amount of wage resources.
(2) Where an absolute amount of wage and other personnel costs is determined by a binding limit (Section 7 (1)) or wage resources (Sections 9 (1) and 10 (1)), the assessment shall be based on the amount of wage and other personnel costs or on the amount of wage resources planned for the relevant period.
(3) Compliance with the mandatory limits referred to in paragraphs 1 and 2 shall be assessed at least on a quarterly basis for each period starting from the beginning of the year.
(4) The binding limit referred to in paragraphs 1 and 2 shall be complied with if the amounts charged for the payment for the period concerned are not higher than the volume of the personnel and other personnel costs or means of payment determined in accordance with paragraphs 1 and 2, as appropriate. Amounts cleared for payment for the relevant period shall be deducted from the amounts reimbursed to the organisation; in budgetary and contribution organisations, the amounts which may exceed the budget of wage appropriations under the special rules shall also be deducted.
(5) If the organisation exceeds the mandatory limit during the year and the overrun is covered by the organisation's roster reserve binding, the binding limit shall be deemed to be respected; an assessment is also made of exceeding the mandatory limit resulting from the payment of remuneration for inventions and improvements, protected designs (designs) and the resolution of thematic tasks. * *)
(6) If an organisation cannot cover the excess of the mandatory limit, the competent economic management authorities may use their roster reserves in accordance with Section 6 (5).
(7) If an economic organisation shows that the wage and other personal cost limit is saved for the whole year, it may, with the agreement of the supervisory authority, increase the remuneration to the fund above the limit when allocating the profit result for that year. This provision shall be without prejudice to the obligations of organisations arising from rules governing the use of the economic result of organisations.
(8) The assessment of compliance with the wage and other personnel costs limit or the limit referred to in Article 9 (1) or the limit referred to in Article 10 shall be based on a comparison between the sum of savings and the sum of overcompensation recorded for its own activities and the subordinate organisations. The binding limit shall be respected if the sum of the overruns, except in the cases referred to in paragraph 5, is not greater than the sum of the savings and all the breakdown provisions, except for the organisations' reserves and provisions within the limit of the special-purpose fund (Section 6 (5)).
Remuneration fund
The remuneration fund shall pay the share of economic results, the remuneration of managers provided under special regulations, the cash remuneration in socialist competition, the remuneration of significant work and life-years, the loyalty allowances and the stabilization fees granted under special regulations *) and the premiums and remuneration paid to the organisation under Article 6 (5) or under special regulations * *) of the special grant.
(1) The organisation may use the remuneration fund referred to in Article 12 only up to the amount of its balance, which is not bound by the provisions of Article 16 (2).
(2) The balance of the remuneration fund is transferred to the following year.
Measures to remedy undesired wage developments
(1) If the organisation finds that there is a risk of compliance with the mandatory limits or pay in full, it shall immediately proceed with the removal of the causes of the threat and, where appropriate, apply measures to the responsible staff in accordance with the relevant rules. In cooperation with the trade union authorities, it shall inform the collective of workers of the state of the economy, the deficiencies identified and their causes as well as the necessary corrective measures and organise the participation of workers in their implementation.
(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 in the premium regulations, in the conditions for the provision of remuneration, in the amount of the resources of the internal remuneration services, etc. At the same time, it shall determine the procedure for cases where payments could be reduced up to the level of guaranteed wages under Paragraph 17, unless it is provided for in a collective agreement.
(1) If the economic management body finds that a subordinate organisation is in danger of complying with the mandatory limit, it shall impose on the organisation corrective measures, including measures to review and modify labour consumption standards, * * *, in particular if it does not consider the measures implemented by the organisation to be sufficiently effective under Paragraph 14.
(2) If the organisation exceeds the mandatory limit, the superior authority shall apply one 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;
(b) establish a monthly check of compliance with the binding limit and require the organisation to notify the relevant branch of the bank of the breakdown of the binding limit for each month and to inform it on a monthly basis of compliance with that schedule;
(c) agree with the competent authority of the bank an enhanced credit process;
(d) apply measures to the management organisation in accordance with the relevant rules;
(e) limit to the necessary period the organisation's right to dispose of funds in its account with the bank branch.
(3) The measures referred to in paragraph 2 may be waived by the economic management authority if they go beyond the transitional nature which shall be settled within a short period of time.
(4) Restrictions on the right of the organisation to dispose of funds in its account with the branch of the bank shall be made
(a) by partial or total reduction of the amount of funds used to pay the shares in economic results;
(b) reducing the amount of funds available for the payment of wages and other transactions referred to in Article 2 (1), where appropriate, to a level corresponding to the total of wages guaranteed by individual workers (Article 17 (1)).
(5) If the economic management authority limits the organisation's right to dispose of funds in its bank branch account, it shall request the bank branch to release the organisation's wage resources only to the extent specified. At the same time, it shall require the organisation to demonstrate to the bank's branch that the amounts collected in cash for the payment of remuneration, including the advances drawn on the amounts of transfers to the separate organisational components and the amounts deducted from wages, do not exceed the specified scope.
(1) If an economic organisation exceeds the limit of wage and other personnel costs or wage resources for the whole year (Section 11), it must make an additional contribution from the Fund to the State budget of three times the amount of excess. If the funds of the Fund are not sufficient to cover the full payment of the additional levy, the economic organisation must pay the remainder of its profits, which will remain with it after the other contributions have been made and, where appropriate, taxes to the State budget.
(2) If the limit of the wage and other personnel costs or means of pay is exceeded (Section 11) during the year, the economic organisation shall tie the funds of the remuneration fund to the extent specified in paragraph 1.
(3) The obligation to make the additional levy referred to in paragraph 1 and to tie the funds of the remuneration fund referred to in paragraph 2 shall not apply where the excess of the mandatory limit is covered by the breakdown reserve or where the excess of the mandatory limit has been due to the payment of the remuneration for inventions and improvements, protected designs (designs) and the resolution of thematic tasks (§ 11 (5)). In addition to the additional levy, the special-purpose subsidies provided to the fund by organisations are not used and cannot be linked.
Wages guarantee
(1) In order to limit payments pursuant to Article 15 (4) or in the absence of funds in an organisation's accounts with a bank, individual employees shall be guaranteed wages and other benefits referred to in Article 2 (1) (a) to (d), premiums and fees for the management of state tasks for the development of science and technology * * *, and bonuses and rewards for which the organisation has been granted under Article 6 (5) or under special rules +) of the special subsidy and fees, royalties and refunds referred to in Article 2 (1) (g).
(2) In order to enable the payment of premiums and, where appropriate, remuneration, provided that they are not guaranteed under paragraph 1, in particular in the internal services which have fulfilled the tasks of the plan, the economic management authority may increase the total of the guaranteed wages referred to in the preceding paragraph by a maximum of 7%. The differentiated distribution of this increase between individual workers and working groups shall be decided by the management of the organisation in accordance with the procedure agreed in the collective agreement and, if the collective agreement is not concluded, by the management of the organisation with the relevant trade union body.
Principles of remuneration of workers in employment relations
The economic management authorities and organisations shall ensure that the level of the salary depends on the qualification and workload, the conditions under which it is carried out, the personal skills and assumptions of the workers, their relationship with work and the work and economic results achieved. Organisations are obliged to use tariffs, other components of wages and forms of wages corresponding to the specific technical, organisational and economic conditions of workplaces and the nature of work in accordance with the provisions of this Decree and the regulations or directives of economic management bodies and in accordance with the collective agreement; In doing so, they must ensure that the rules for regulating wage resources, incentive for remuneration and the desired development of wage ratios are not undermined.
System of tariff wages
(1) The central wage management tool is a system of tariff wages, which is the basis of economically justified wage differentiation according to the skills and workload, the conditions under which work is carried out, the long-term performance of workers and their personal skills and assumptions. At the same time, the system of tariffs is the basis of a system of personal material participation of workers according to the following differential aspects. Federal Ministry of Labour and Social Affairs
(a) establish the principles of basic wage systems, which include in particular the way in which work is assessed, the classification of typical professions (work activities) and functions in tariff classes (degrees), the way in which the catalogues of professions and functions are drawn up and used as binding documents for the award of qualifying and tariff classes, scales of wage and tariff supplements, and the way in which they are differentiated and used; lay down the principles governing the granting of personal salaries;
(b) issue, as appropriate, catalogues or provisions which shall be consistent with the evaluation of works and the establishment of basic salaries for certain groups and categories of workers;
(c) provide a binding interpretation of the principles referred to in (a) and coordinate their implementation in wage regulations;
(d) approve wage charges and tariff supplements for each type of work and group of workers.
(2) Catalogues and provisions for the establishment of tariffs and, where appropriate, parts thereof shall be issued on the basis of the principles laid down in paragraph 1 (b). (a)
(a) federal central authorities, with the approval of the Federal Ministry of Labour and Social Affairs,
(b) the central authorities of the Czech Socialist Republic, the central authorities of the Slovak Socialist Republic and the central authorities of the consumer and housing cooperatives with the agreement of the Ministry of Labour and Social Affairs of the Czech Socialist Republic or the Slovak Socialist Republic and with the approval of the Federal Ministry of Labour and Social Affairs.
(3) The powers of branches and organisations in the field of tariffs are defined by wage regulations.
(4) Workers with exceptional skills and excellent work results can be awarded a personal salary exceeding 50% of the relevant wage rates and, if the rates set by the tariff range are set, their upper limit. The specific conditions are laid down in wage regulations.
Use of wage forms
(1) The organisation shall decide on the form of the salary and the manner in which it is to be applied in accordance with Section 113 of the Labour Code and other provisions of this Order. Organisations shall apply wage forms in order to achieve the best results of the organisation's work; must continuously verify the effectiveness of wage forms and adapt them to changes in the technical organisational level of the production and work process and the needs of technical and economic development. If the wage form is not in the desired direction, disrupts the wage adjustment system or economically efficient wage differentiation, the organisation shall adjust it or replace it with another.
(2) Forms of wages, with the exception of shares in economic results, may be used as individual or collective according to conditions and focus. Where collective forms of pay are used for the remuneration of workers, collective earnings shall be distributed according to working time, formal qualifications and individual work benefits.
(3) When applying wage forms, organisations must proceed in such a way as to avoid double remuneration for the same work results.
(4) In order to ensure a uniform procedure for the use of wage forms, the Federal Ministry of Labour and Social Affairs may establish binding principles. For the correct application of individual wage forms, the authorities of economic management or the Ministry of Labour and Social Affairs of the Czech Socialist Republic and the Ministry of Labour and Social Affairs of the Slovak Socialist Republic issue binding directives or methodological recommendations as appropriate.
(5) The specific terms and conditions of material interest of the Heads of State organisations shall be determined directly by the senior bodies and other bodies authorised to do so under the specific rules.
(6) Organisations may apply wage forms in accordance with the provisions of Sections 21 to 26 only if their use is not covered by wage regulations issued by the competent central authorities.
Task pay
(1) Work wages shall be used at workplaces where the working process and labour consumption standard can be established in advance, control the quantity and quality of work results, ensure a record of working time consumption and where workers can significantly influence the quantitative performance of work and its productivity by working effort. Task wages cannot be used where its application could lead to a risk to workers' safety and health.
(2) Depending on the level of wage on labour results, it can be established as linear, degressive or progressive, taking into account the quality of labour consumption standards, ensuring the desired development of wage resources, effective wage differentiation and the interest in quantitative labour results. The application of the progressive task pay shall be decided on a proposal from the head of the organisation by the superior body, which shall at the same time determine its duration.
Time wages
Time wages shall be used in workplaces where:
(a) the working process and standard of labour consumption cannot be established in advance, or the quantity and quality of work results can be reliably established, given the diversity and the random rotation of work activities or the small scale of work;
(b) the required work results and labour productivity shall be ensured by the organisation and management of production and work or by the operation of the plant, where the interest in the quality of the work results prevails;
(c) the application of other wage forms could lead to a risk to the safety and health of workers.
Share wage
(1) Share wages can be used at workplaces where workers can significantly influence labour and economic performance and labour productivity, but where the use of working time cannot be reliably detected, and where appropriate precise work procedures and labour consumption standards can be established.
(2) The share wage includes the total remuneration for all work and working hours related to the work (operation).
(3) The amount of the salary shall be determined by the percentage of the result obtained, measured in monetary terms (sales, turnover, etc.); it is based on the planned earnings of the corresponding qualification intensity, difficulty and workload and technical and economic conditions.
(4) It is not permissible to set the share wage in such a way that the percentage of the performance indicator increases. The percentages shall be fixed for a maximum period of one year.
(5) The application of the share wage in the organisation shall be decided upon by the management body, on a proposal from the management body, which shall follow the rules issued by the competent central authorities.
Mixed wages
(1) Mixed wages can be used in workplaces where workers can significantly influence labour and economic performance and labour productivity, but where it is not possible to specify the working process and labour consumption standard, and where labour and economic performance and labour productivity are, in addition to the performance of workers, dependent on other effects which cannot be foreseen.
(2) Where necessary, wage differentiation and specific conditions in the organisation shall be determined by the ratio of the time and task component (s) of the wage tariff or the time and task component (s) of the planned earnings so that the time component is not less than 30% of the planned earnings.
Premium
(1) Premiums may be provided at workplaces where the desired results of work directly influenced by workers or for which they are responsible can be expressed by measurable technical or economic indicators whose performance can be safely controlled. The determination of technical and economic indicators is based on standard data on labour consumption, production costs, product quality, etc.
(2) The amount of the premium and its implementation, depending on the performance of the indicators, must be proportionate to the performance of the work, the economic benefits of the work and the amount of the wage resources, and must facilitate the desired wage differentiation.
(3) The specific conditions for the premium (indicators, amount and operation of the premium, period for which the premium is granted and other conditions) are laid down in the premium schemes issued by the leading organisation.
Remuneration
(1) Organisations may provide:
(a) performance remuneration for non-premium workers for successful and innovative work; performance fees may be provided regularly over specified periods of time on the basis of an evaluation of the work effort and the results achieved; the amount of the performance pay shall be determined in such a way as not to disturb the wage relationship with other workers;
(b) exceptional remuneration to workers for the results of work which they have contributed to the performance of particularly important tasks or for the performance of work occurring on a one-off basis or for other exceptional merit (in natural events, saving lives, etc.);
(c) cash remuneration for results achieved in socialist competition;
(d) other types of remuneration in accordance with special rules issued by the central authorities.
(2) Remuneration may not be granted instead of premiums which are not for workers to fail to meet the indicators laid down.
(3) The management organisation shall determine the specific conditions for the provision of remuneration. It may also authorise managers of establishments and establishments, masters and, where appropriate, other managers to provide exceptional remuneration from the specially defined means of the organisation (so-called "managers' funds').
Shares in economic results
(1) Organisations, with the exception of budgetary and contribution organisations, may provide workers with shares in the overall economic performance of the organisation. Where the results of the management of individual in-house units (plants, economic centres or other in-house units) can be reliably ascertained, they may also provide shares in the economic results of those services.
(2) The share of the economic results of the organisations and establishments shall be determined on the basis of an assessment of the economic results for the previous year. The shares in the economic results of other internal services may be determined on the basis of the results recorded over a shorter period.
(3) An advance may be granted on the share of the economic results collected for the year-round period, not earlier than after assessing the economic results for the three quarters of the year. Advances shall not be granted for shares in economic results collected for less than annual periods.
(4) Organisations may pay the shares in the economic results only up to the amount of the outstanding balance of the fund of remuneration on the last day of the period for which they provide the shares, provided that they have made a minimum allocation to the fund of cultural and social needs over the past period and have followed the procedure for the financing of the circulatory funds. Under similar conditions, organisations may, with the agreement of the directly superior body, pay advances on shares if they can reasonably expect favourable economic results for the whole year.
(5) Organisations shall demonstrate to the branch of the Bank before paying the shares in the economic results (advances) that they have fulfilled the conditions set out in paragraph 4.
(6) The size of the shares in the economic results shall be determined by individual workers differentiated according to their degree of responsibility, individual work results, labour discipline, duration of employment in the organisation, and other aspects of merit for the results obtained.
(7) If the employment relationship is terminated before the end of the period for which the shares are granted, the worker shall be entitled to a proportion of the share only if he has obtained termination of the employment relationship by the organisation pursuant to § 46 (1) (a) to (d) or by the worker's resignation pursuant to § 51 (1) or immediate termination of the employment relationship under § 54 of the Labour Code or by agreement for the reasons set out in those provisions. A proportion of the shares may also be granted to workers who have unbundled employment by agreement on the basis of a transition to a socially important function and to workers whose employment agreed for a certain period has ended at the end of that period, in particular those recruited for seasonal and campaign work. A proportion of the share may be granted even if the worker dies.
(8) The detailed conditions for the granting of shares in economic results shall be laid down in collective agreements; In particular, they shall determine the relative proportion of the shares of the staff involved in the overall economic performance of the organisation as well as the results of the internal services, the method of determining the amount of the shares, and in which cases and for what reasons the shares are reduced or not provided. The shares in the economic results shall not be granted to a worker who, during the course of the year, has been legally imposed a disciplinary measure or a penalty by a court for an act committed in the performance of his duties or in direct connection with him or who, during that period, has unequivocally missed work to an overall extent equivalent to the average duration of the shift. In organisations in which collective agreements are not concluded, detailed conditions shall be laid down by the head of the organisation in agreement with the relevant trade union body.
(9) Workers of trade directorates may be granted shares in economic results mutatis mutandis in accordance with the provisions of paragraphs 1 to 8. In addition to the conditions set out in paragraph 4, the limit on wage and other personnel costs for the whole production unit within the meaning of Article 11 (8) must also be respected.
(1) The Federal Ministry of Labour and Social Affairs may, where justified, set a maximum amount (limit) of wages provided under § 25 to 27 for certain groups of workers or work activities. These limits may also provide for:
(a) federal central bodies for subordinate organisations;
b) Ministry of Labour and Social Affairs of the Czech Socialist Republic and Ministry of Labour and Social Affairs of the Slovak Socialist Republic for sectors managed by central authorities of the Czech Socialist Republic, central authorities of the Slovak Socialist Republic, national committees and central authorities of consumer and housing cooperatives,
(c) the central authorities of the Czech Socialist Republic, the central authorities of the Slovak Socialist Republic, the regional national committees and the national committees are equal to those of the consumer and residential cooperatives for organisations within their competence.
(2) Where the Federal Ministry of Labour and Social Affairs sets a maximum wage for certain groups of workers or for certain work activities, the authorities referred to in points (a) to (c) of paragraph 1 shall base themselves on those limits. The same applies to the authorities referred to in paragraph 1 (c) if the limit is set by the Ministry of Labour and Social Affairs of the Czech Socialist Republic or the Slovak Socialist Republic.
(3) Where the amount of the performance premium or other remuneration premiums and the amount of the share of economic results is derived from the basic wage, the calculation of that amount shall not take into account the period during which the worker is paid compensation under the relevant rules or the cash sickness insurance benefit and the period during which he was paid unpaid leave. Where the size of the shares in economic results is not derived from the basic wage, the collective agreement shall lay down rules on the reduction of the shares for the period when the worker is not entitled to pay.
Additional allowances, allowances, wage preferences and benefits in kind
(1) Fees and allowances for wages and, where appropriate, compensation for wages may be granted only where the relevant provisions permit.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 158 / 1970 of the Federal Ministry of Labour and Social Affairs Coll., on regulating wage developments and the principles of remuneration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1970 |
|---|---|
| Effective from | 01.01.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0