Decree No. 165 / 1971 Coll.
Ordinance of the Federal Ministry of Labour and Social Affairs amending and supplementing Decree No 158 / 1970 Coll., on the regulation of wage developments and on the principles of pay
Valid
Effective from 01.01.1972
165
DECLARATION
Federal Ministry of Labour and Social Affairs
of 28 December 1971
amending and supplementing Decree No 158 / 1970 Coll., on the regulation of wage developments and on the principles of labour pay
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:
Decree No 158 / 1970 of the Federal Ministry of Labour and Social Affairs Coll., on the direction of wage developments and on the principles of remuneration (hereinafter referred to as the "Decree '), is amended and supplemented as follows:
1.
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 the socialist organisations and the competent central government bodies. ';
2. in § 2 (2)
point (b) shall read as follows:
"(b) they shall be responsible for the work carried out for the organisation by persons who are not in employment relations with the organisation (e.g. pupils and students of schools, 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;"
the following point (c) is added:
"(c) they shall be liable to pay for the work carried out by the apprentice, unless such amounts have been provided as wages for the work carried out."
3.
"Wages and other transactions referred to in Article 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 from the remuneration fund in economic organisations (Section 12). ';
4. the following paragraph 3 is added to Article 5:
"(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. ';
5. Article 6 (7) and (8) reads as follows:
"(7) The economic management authorities shall 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 enterprises and economic facilities of social organisations shall notify all changes to the relevant branches of the bank. '
6. Article 7 (2) reads as follows:
"(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. "
7. In Paragraph 8, the following paragraph 4 is inserted after paragraph 3:
"(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 Commission and the relevant Ministry of Finance and with the approval of the Federal Ministry of Labour and Social Affairs. "
Paragraph 4 shall become paragraph 5.
8. In Paragraph 9 (1), the following sentence is added at the end:
"Paragraph 7 shall apply mutatis mutandis. '
9.V § 11
in paragraph 1, the words "and Article 10 (1) 'are deleted;
in paragraph 4, the words "wage fund 'shall be replaced by the words" wage funds';
in the first sentence of paragraph 7, the words "with the consent of the superior authority 'shall be inserted after the words" may by that amount';
in paragraph 8 at the end, the following words are added:
... "and all breakdown reserves, except those of organisations and provisions within the limits of the special-purpose subsidy fund (Section 6 (5))."
10. In Section 12, the conclusion of the sentence behind the semicolon is deleted.
11. in Article 15 (2), paragraph (e) shall be deleted;
Point (f) shall be renumbered as point (e).
12.
"(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)). The additional levy shall not be used in the special-purpose subsidies granted to the fund by organisations and shall not be linked. ';
13. in Article 17 (1), the words "or in the absence of funds in an organisation's bank account" shall be inserted after the words "in order to limit payments under Article 15 (4)."
14. Paragraph 20 shall be added to paragraph 6:
"(6) Organisations may only apply wage forms in accordance with the provisions of Sections 21 to 26 if their use is not covered by wage regulations issued by the competent central authorities. '
15.
paragraph 4 shall read as follows:
"(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. ';
in the first sentence of paragraph 7, "Article 51 (1) (a), (c) and (d) 'is replaced by" Article 51 (1)' and the second sentence is replaced by:
"A proportion of the shares may also be granted to workers who have untied an agreement on the 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. ';
in paragraph 8, the second sentence is replaced by the following:
"The shares in the economic results shall not be granted to a worker who has been legally ordered, or has been punished by a court, during the year for an act he has committed in the performance of his duties or in direct connection with him, or who has unequivocally missed work to the overall extent corresponding to the average length of the shift. ';
16. In the first sentence of Article 28 (3), the words "performance or other remuneration 'shall be inserted after the words" premium amount'.
17. Article 36 (1) shall be added to the following provision (f):
"(f) release wage funds only at the level of guaranteed wages (§ 17) to an organisation which has not notified it by the end of the period for which compliance with the mandatory limits is assessed, the indicator of the validated wage plan (§ 6 (3))."
18. Paragraph 41 is deleted.
The claims and obligations incurred until 31 December 1971 shall be assessed in accordance with the provisions of the Order in force until that date.
This decree shall take effect on 1 January 1972.
Minister:
Štancež v. r.
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Regulation Information
| Citation | Decree of the Federal Ministry of Labour and Social Affairs No 165 / 1971 Coll., amending and supplementing Decree No 158 / 1970 Coll., on regulating wage developments and the principles of remuneration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1971 |
|---|---|
| Effective from | 01.01.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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