Act No. 16 / 1947 Coll.
Law on the location and other arrangements of employees on confiscated agricultural property and their family members
Valid
Effective from 21.02.1947
16.
Law
of 30 January 1947
on the location and other arrangements of staff on confiscated agricultural assets and their family members.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) Staff employed on agricultural property on 23 June 1945, confiscated under the decree of the President of the Republic of 21 June 1945, No 12 Coll., on the confiscation and accelerated distribution of the agricultural assets of Germans, Hungarians, as well as traitors and enemies of the Czech and Slovak peoples, who are subject to the conditions laid down in Article 2, will be admitted, if they so request, to the employment (service) ratio of the National Land Fund at the Ministry of Agriculture (hereinafter referred to as the National Land Fund), after the Czechoslovak State (state), counties, municipalities or cooperatives, in a number which is proportionate to the administrative and economic needs of the land managed by the National Land Fund, after the land transferred, or allocated (§ 6 and 7 of Decree No. 12 / 1945 Coll.).
(2) These staff members will be recruited in preference to all other candidates for posts corresponding to their prior education and their skills in salary and other working conditions, as laid down in the rules applicable to the adjustment of the employment relationship with the employer concerned.
(3) However, staff on confiscated agricultural property (paragraph 1) who do not fulfil the conditions laid down in Paragraph 2 (1) (a) and (b) but have the required professional competence to carry out the service they are still in, may be within the limits of the need set out in paragraph 1, if they so request, further employed in the service of the bodies referred to therein, if they can be used alongside the staff recruited pursuant to paragraph 2.
(1) The staff members referred to in Article 1 (1) and (2) are those who:
(a) are over 18 years of age;
(b) have been employed for at least two years on 23 June 1945 on confiscated agricultural property in the main employment;
(c) remain on that property after that date and carry out work or services for one of the bodies referred to in Paragraph 1 (1).
(2) The termination of employment for a proven illness or accident or for participation in the fight for liberation (§ 1 of the Act of 19 December 1946, No 255 Coll., on the members of the Czechoslovak army abroad and on certain other participants in the national struggle for liberation) or at all for arrest, imprisonment or internalisation for reasons of national, political or racial oppression or for the official commandment to another employment does not interrupt the period laid down in paragraph 1 (b).
(1) Candidates who will not be placed under Section 1 will be incorporated into the work (Section 1 of the Government Decree of 4 June 1945, No. 13 Coll., on the provisional construction of labour protection offices) by the competent Land Labour Protection Office on the basis of the lists submitted by the bodies referred to in Section 1, paragraph 1, through the National Land Fund.
(2) The National Land Fund shall, upon request, provide the persons who will be incorporated into work outside their place of residence in the proceedings referred to in paragraph 1 with the compensation of the necessary removal expenses, up to a maximum of CZK 6.000.
However, staff who do not apply for admission pursuant to § 1 shall not be recruited, as well as other than § 1 (1) and (3) mentioned employees on confiscated agricultural property may, if they comply with the conditions laid down, apply for the allocation of agricultural property under Decree No. 12 / 1945 Coll., in which they have priority rights as a group of persons referred to in § 7 (6) of this Decree.
(1) Employees referred to in Paragraph 2 who are neither admitted under Paragraph 1 (1) nor receive an allowance under Paragraph 4 and who are unable to be assigned to work by the Labour Protection Office (§ 3) for advanced old age or for any other reason of a reduction in working capacity shall be granted an old-age or invalidity pension by the holders of public insurance, starting with the date on which, as a result of the implementation of Decree No 12 / 1945 Coll., employment on confiscated agricultural property was lost as if the conditions prescribed for the grant of that pension had been met on that date.
(2) Pensions provided under paragraph 1 for the period from the date on which they are granted until the conditions otherwise in force for the staff member to be entitled to an old-age (invalidity) pension have been fulfilled, shall be replaced by the National Land Fund for Insurance.
(3) The provisions of the preceding paragraphs also apply to employees who are subject to the conditions set out in § 2 (1) (a) and (b), but with whom the employer's parties were untied without their fault prior to the application of this Act as a result of the implementation of Decree No. 12 / 1945 Coll..
(1) Former employees of confiscated agricultural property, after having demonstrated to their family members that they had received regular contributions (benefits), for example pension, old-age, accident, improvement, grace gifts and so on, prior to 23 June 1945, from an earlier employer or from funds maintained by an earlier employer, if the conditions in question are not or are not regulated by specific regulations, they will continue to be provided through the Fund for the provision of large-scale workers (Section 73 of the Replacement Act of 8 April 1920, No. 329 Coll., as amended by the Law of 13 July 1962, No 220 Coll.). National Land Fund, if the conditions set out in § 7 (1) and (2) are met. In-kind benefits, if they cannot be provided, will be converted by the National Land Fund under the applicable pricing rules into cash benefits to be paid. The provisions of Paragraph 3 (2) shall also apply mutatis mutandis if the natural benefit of the use of the apartment depends on it.
(2) The provisions of paragraph 1 shall be without prejudice to the contractual or otherwise established obligation of third parties to provide such contributions or to maintain employment funds there. Entitlements arising from the performance of these obligations to former staff shall be transferred to the National Land Fund, provided that he himself has paid the contributions.
(1) The condition for the granting of contributions under Paragraph 6 (1) is that contributions by an earlier payer as a result of confiscation have not been further granted or cannot be granted from the fund concerned because the former owner or another user of confiscated agricultural property is not obliged to continue to maintain it or is in fact not to maintain it.
(2) Contributions shall be granted only to persons who have no other income or other assets sufficient for their own provision and for the provision of persons who are legally cared for. Only an additional contribution shall be granted to persons whose other income is not sufficient in full for that provision. If, in addition to the contribution provided for in Paragraph 6 (1), the beneficiary has a different income, the sum of the contribution provided, together with the other income, must not be more than CZK 4,000 per month.
(1) The location and other arrangements under this Act shall be provided for at the request of the latter within 60 days of the date of publication of this Act. The application for placement shall be submitted to the body for which the applicant is working at the time of the application, after the case of his service, and shall state all the circumstances relevant to the acceptance and determination of the salary. Applications for priority allocation of agricultural assets as well as arrangements under Sections 5 and 6 shall be submitted to the National Land Fund. The application for one of the specified methods of location or arrangement within that period shall maintain entitlement to any other location or arrangement under this Law. In cases of special concern, the Ministry of Agriculture may waive the delay.
(2) Persons who do not submit a request within the time limit laid down in paragraph 1 shall, if they are not waived by the time limit, cease to be entitled to the provision provided for in this law, as well as to claims from an earlier employment relationship which they may have against the State or other bodies referred to in Paragraph 1 (1).
The provisions of this Act do not apply to persons referred to in § 1, paragraph 1, paragraph (a) and (b) of Decree No. 12 / 1945 Coll., unless they are persons covered by § 1, paragraph 2 of the same Decree.
(1) Staff who are concerned by the failure to comply with their request under the provisions of § 1, § 1, § 3 and § 6, § 1 may complain to the Complaints Committee established by the Ministry of Agriculture. The complaint shall be lodged with the Commission within 15 days of the date on which the staff member received notification of non-compliance; If the application has not been decided within three months of the date on which it was lodged, the complaint shall be lodged within 15 days of the expiry of that period.
(2) The Commission shall be sent by representatives of the Ministry of Agriculture, Social Welfare, Interior and Finance, the National Land Fund and the Central Council of Trade Unions. The Chairman of the Commission shall be a representative of the Ministry of Agriculture, its representative of the Ministry of Social Welfare.
(3) The Commission is eligible for a resolution if at least four members of the Commission are present outside the Chairperson or his representative. The Commission shall act by an absolute majority; in the event of a tie, they shall pay for decisions of opinion to which the President shall lean. The Commission's decision is final.
(4) The provisions of the Decree of 13 January 1928 of 13 January 1928, No 8 Coll., on proceedings in matters falling within the competence of the political authorities (administrative proceedings) apply otherwise.
(1) To cover the costs associated with the reimbursement of the removal expenses referred to in § 3, paragraph 2, and the reimbursement of the pensions referred to in § 5, paragraph 2 and the provision of contributions (benefits) pursuant to § 6, paragraph 1, a special levy of 1 ha taken over, handed over or allocated to the State, the counties, municipalities, cooperatives and the allocation of the agricultural or forestry land to which the agricultural or forestry land was taken over or allocated shall be levied, following a special premium to be paid in accordance with § 10 of Decree No 12 / 1945 Coll. or pursuant to § 7 of Decree of the President of the Republic of 12 July 1945, No. 28 Coll., on the settlement of agricultural land of Germans, Hungarians and other enemies of the state by Czech, Slovak and other Slavic farmers.
(2) The amount of these benefits and the method of collecting them and the amount of the premium, subject to the condition for the exemption of small allocations from the obligation to pay the premium, shall be fixed by the Government, as appropriate, by means of a regulation corresponding to the likely cumulative amount of the costs referred to in paragraph 1. The remuneration increases are collected together with this remuneration in the manner laid down for its repayment (Sections 11 and 12 of Decree No. 12 / 1945 Coll. and § 8 of Decree No. 28 / 1945 Coll.).
Submissions pursuant to Articles 3, 2, 8, 1 and 10, paragraph 1 and their annexes shall be exempt from charges.
This Act takes effect on the day of its publication and applies in the Czech and Moravian-Silesian countries; It shall be implemented by the Ministers of Agriculture and Social Welfare in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Děuriš v. r.
Dr. Unedible v. r.
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Regulation Information
| Citation | Act No. 16 / 1947 Coll., on the location and other arrangements of employees on confiscated agricultural property and their family members |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.02.1947 |
|---|---|
| Effective from | 21.02.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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