Decree No. 172 / 1973 Coll.
Decree of the Central Council of Trade Unions and the Federal Ministry of Finance on the Release of Workers from Employment to Perform in the Revolutionary Trade Union Movement
Valid
Effective from 01.01.1974
172
DECLARATION
Central Board of Trade Unions and Federal Ministry of Finance
of 20 December 1973
on the release of workers from employment to serve in the Revolutionary Trade Union Movement
The role of the Revolutionary Trade Union movement is to actively participate in the construction of an advanced socialist society. In order to achieve this objective, the Revolutionary Trade Union Movement receives the widest possible participation of workers, helps them in political, professional and cultural growth and ensures their ever-improved working and living conditions.
The extensive and responsible tasks of the Revolutionary Trade Union Movement are carried out by hundreds of thousands of voluntary officials from trade unions and organisations alongside their employment and outside working hours. The scope of trade union activity, the seriousness and urgency of tasks sometimes requires workers to be released from work for the performance of their duties, where necessary, by the management of establishments, institutes, offices and other organisations.
The Central Council of Trade Unions pursuant to Article 1 of Act No. 37 / 1959 Coll., on the status of the racing committees of the fundamental organisations of the Revolutionary Trade Union Movement, and pursuant to Articles 11 and 12 of Resolution IV of the General Trade Union Convention on the Racial Committees of the Revolutionary Trade Union Movement, with amendments and additions made by the Resolution of the National Trade Union Conference in May 1965, and the Federal Ministry of Finance pursuant to § 124 (3) of the Labour Code and pursuant to § 23 (2) of Decree No 66 / 1965 as amended by Decree of the Government of the CSSR No. 60 / 1970 Coll. provides:
(1) Functions in the Revolutionary Trade Union Movement are honorary and are carried out fundamentally outside of working hours.
(2) Where the nature, urgency or scope of the tasks arising from the activities of the basic organisations of the Revolutionary Trade Union Movement (hereinafter referred to as the "basic organisation ') or the higher trade union body so require, the function may be performed at working time. In such cases, the management of the establishment, organisation, institute, establishment or office, etc. (hereinafter referred to as" the organisation') shall provide the officials with leave of absence on the basis of a resolution or initiative of the relevant trade union body.
(1) The organisation's management will provide the worker with leave of absence to serve in the Revolutionary Trade Union Movement:
(a) in the short term, on a case-by-case basis, for the period strictly necessary on the basis of a resolution of the race committee of the basic organisation or of the local organisation ROH committee or, where applicable, the decision of the race confidant of the basic organisation (hereinafter referred to as the "race committee"), or on the basis of a decision or initiative of the higher trade union body;
(b) in the long term, for all or part of the working time, for predetermined working days of the week, or for part thereof, for the whole or part of the term of office, on the basis of a resolution of the member meeting or conference of the basic organisation.
(2) Where the scope of the activities of the basic organisation so requires, the management of the organisation shall provide work leave to the staff for the pursuit of administrative and technical activities in the short or long term for part of the working time or for the entire working time, as determined by the resolution of the member meeting or conference of the basic organisation.
(3) All vacant officials and other staff remain in service of the organisation. Workers in cultural and recreational facilities of basic organisations shall also remain in employment with the organisation, provided that the cultural or recreational establishment does not have legal personality in employment relations at the discretion of the higher trade union body. The management of the organisation shall comply with all obligations arising from labour law, sickness insurance, pension insurance, payroll tax, etc., in respect of vacant officials and workers, unless otherwise provided by the trade union body. The Racing Committee itself does not employ any workers in employment.
(1) In deciding on workers' redundancies, the trade unions are obliged to consider the urgency of the need and effectiveness of the release in terms of the scale and complexity of the tasks, the complexity of the trade union activity and the organisational structure of the organisation, taking into account the cost-effectiveness of the trade union. In doing so, they must ensure that the costs of paying wages and the remuneration of long-term vacant officials and other workers are not at the expense of the costs needed for the political and educational work and the care of members of the basic organisation. Any deficits in the budget of the basic organisation resulting from expenditure on remuneration and the remuneration of long-term vacated officials and other staff shall not be covered by the resources of the higher trade unions.
(2) Funders of basic organisations may be released for a long period of time if they have the necessary trade union knowledge and experience and moral qualities and are committed to socialism under the following other conditions:
(a) in basic organisations where there are at least 600 members of the Revolutionary Trade Union Movement, one official may be released;
(b) in basic organisations between 1600 and 3000 members of the Revolutionary Trade Union Movement, a total of two officials may be released and, for each subsequent 1500 members, another official may be released;
(c) in a basic organisation which has particularly difficult conditions for trade union activity and is geographically dispersed, an official may be released even if there is a lower number of members on the basis of a resolution by the relevant Trade Union Association of the relevant trade union, in agreement with the relevant Regional Trade Council;
(d) in business committees to which the Secretariat of the Office has granted the rights of the racing committees, the number of vacancies shall be approved by the relevant Trade Union Office in agreement with the relevant KOR.
(1) In basic organisations with a number of 400 members, the official may be long-term vacant for part of the working time under the conditions set out in Sections 2 (1) (b) and 3 (1) and (2).
(2) In addition, where required by the scope of the activity of the basic organisation, the organisation shall provide a leave of absence on a case-by-case basis on the basis of resolutions of the member meeting or conference of the basic organisation in accordance with the principles set out in Section 3 (1) of the worker for administrative and technical work, on a case-by-case basis or on a long-term basis, under the following additional conditions:
(a) one worker may be released for part of the pre-determined working time in those basic organisations where there are more than 800 members;
(b) one worker may be released for all working hours in basic organisations where there are more than 1200 members;
(c) in basic organisations where there are more than 3000 members, the organisation for administrative technical work shall release additional staff so that one administrative technical worker is assigned to three vacancies.
(1) In the short term, workers made redundant for the performance of the trade union function or for participation in trade union meetings, conferences or slopes, or for the performance of certain administrative and technical work, the organisation will provide a salary-compensation allowance equal to their average earnings.
(1) A long-term vacancy worker for the exercise of the trade union function of the basic organisation shall be remunerated at the rate of his average earnings, including premiums, etc. (according to the provisions of § 275 of the Labour Code and § 30 to 33 of the Government Decree No. 66 / 1965 Coll., as amended by the Government Decree No. 60 / 1970 Coll., or pursuant to § 1 and 2 of the Decree No. 84 / 1966 Coll.), in which the interest in economic results paid is not included.
(2) The share of the economic results of the organisation released to the official or worker shall be provided in accordance with the principles applicable to the staff of the establishment as if they were working.
(3) If, during the term of office, the introduction of a new wage system or any other change in remuneration in the organisation is made, the amount of remuneration shall be determined in such a way as to correspond to the average earnings of the staff of the same qualification class at the establishment from which the official or worker was long-term released.
(4) In the event of the reelection and continued duration of the long-term vacancy of a post worker, the average earnings achieved by staff of the same qualification class at his former place of employment shall be taken as a basis for calculating the remuneration.
(5) Workers who have long been made redundant for the administrative and technical work of the basic organisation, including cultural and recreational facilities, are entitled to a remuneration corresponding to the wage laid down for such work by the wage rules applicable to the organisation.
(6) In the case of long-term release to part of the working time, a proportion of the remuneration according to the above principles shall be granted to the vacated official or worker.
(7) Where a vacated official or worker has been entitled to severance and similar compensation before his release from the organisation, he shall also be provided by the race committee for the duration of the conditions for payment. The Steering Committee shall also provide the vacated officials with the appropriate remuneration for the military service occupation, if it is made available at the time of his release for office, to the same extent as compensation for wages for workers in these cases.
(1) The remuneration referred to in Article 7 (1), (2) and (5) to long-term vacant officials and other workers in the basic organisation is provided by the race committee.
(2) In addition, the Racing Committee also provides wages, compensation for wages and other personal expenses for workers in cultural and recreational facilities of the basic organisation, unless they are paid under special regulations by organisations (Decree No. 90 / 1972 Coll., on the financing of certain enterprise social consumption facilities and certain activities of medium-sized economic and foreign trade organisations), or if they are not paid under the rules on the cultural and social needs fund.
(3) The remuneration and wages paid by the race committee pursuant to paragraph 1 shall be paid by the organisation from the funds of the basic organisation at the usual pay dates set out in the organisation and shall account for the payroll tax with the National Finance Department; the relevant sickness insurance benefits are provided and settled in the same way as for the other workers of the establishment.
Exceptions concerning the number of members or the amount of remuneration shall be granted by the Central Trade Union Committee responsible in agreement with the Regional Trade Union Council.
(1) The Order of the Central Council of Trade Unions No. 134 / 1968 Coll., on the Release of Workers from Employment to Perform at ROH is hereby repealed.
(2) This Decree shall take effect on 1 January 1974.
Minister of Finance of CSSR:
Lér, CSc.
Chairman of the Central Council of Trade Unions:
Ing. Hoffmann v. r.
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Regulation Information
| Citation | Decree of the Central Council of Trade Unions and Federal Ministry of Finance No. 172 / 1973 Coll., on the Release of Workers from Employment to Perform in the Revolutionary Trade Union Movement |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1973 |
|---|---|
| Effective from | 01.01.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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