Principles of the Government of the Czechoslovak Socialist Republic and of the Central Council of Trade Unions for the conclusion, content and control of collective agreements, approved by order of the Government of the Czechoslovak Socialist Republic No. 175 / 1980 Coll.
Principles of the Government of the Czechoslovak Socialist Republic and of the Central Council of Trade Unions for the conclusion, content and control of collective agreements, approved by Resolution of the Government of the Czechoslovak Socialist Republic of 13 November 1980 No 366
Valid
175
PRINCIPLES
Governments of the Czechoslovak Socialist Republic and the Central Council of Trade Unions for the conclusion, content and control of collective agreements, approved by the Government of the Czechoslovak Socialist Republic Resolution of 13 November 1980 No 366
Collective agreements are an important political, social and legal instrument and an important form of participation by workers in ensuring the planned economic and social development of organisations and in protecting the legitimate interests of workers. They adjust the relationship between the collective workers represented by the Revolutionary Union Movement and the leaders. They set out binding concrete measures and commitments to fulfil the planned tasks, to apply socialist principles to pay for work, to improve the working, health, social and cultural conditions of workers and to develop educational and educational activities. They contribute to the deepening of socialist democracy, the consolidation of the rule of law, conscious labour discipline and mutual cooperative relations in organisations.
The Government of the Czechoslovak Socialist Republic and the Central Council of Trade Unions shall establish the following principles in order to ensure a consistent procedure for the preparation, conclusion and control of collective agreements:
Conclusion of collective agreements
1. Collective agreements shall be concluded in all state economic, budgetary, contribution and other socialist organisations, with the exception of single agricultural cooperatives and production cooperatives.
2. A collective agreement is concluded between the collective staff and the organisation. 1) It shall be concluded on behalf of the staff by a race committee, a business committee or a local committee, a university trade union board, a school-wide committee of the Revolutionary Trade Union Movement, or, where appropriate, another relevant trade union body (hereinafter referred to as the "racing committee ') and its head of organisation. Collective contracts of organisations (enterprises) shall be concluded for a period of one year. In cases where there are conditions, a collective agreement of an organisation may be concluded for a longer period of usually five years and its content shall be specified annually in addition to a collective agreement.
3. In organisations internally subdivided into plants, the race committee shall conclude, on behalf of the staff of the plant and / or the head of the plant, a collective agreement on behalf of the race organisation, which shall be a core of the collective agreement system and shall include commitments concerning separate operations. The provisions and obligations of the collective agreement of the organisation shall apply to the plant and its staff, unless the collective race agreement provides otherwise in accordance with these principles. Racing collective agreements shall be concluded for a period of one year.
4. In production units - industry companies, companies, trusts (hereinafter referred to as "VHJ ') - the branch collective agreement is concluded on behalf of VHJ workers by the branch committee of the Revolutionary Trade Union Movement and by its CEO on behalf of VHJ. The provisions and obligations of the collective agreement shall apply to organisations, establishments and their workers, unless their collective agreements provide otherwise in accordance with these principles. Sector collective agreements are generally concluded for a period of five years.
5. Collective agreements shall be drawn up in parallel with the draft plan and approved at the same time as the validation of the plan by 15 February at the latest in the year in which they enter into force.
6. If there are serious changes in the organisation's or VHJ's activities, in particular when the plan is amended or if there are other serious reasons, the amendment or addition of the collective agreement shall be made in addition to the collective agreement.
7. Collective contract, its changes and accessories are concluded in writing.
8. All obligations in the collective agreement must be timed and responsibility must be laid down for their performance.
Content of collective agreements
A. Content focus of sectoral collective agreements
9. The sectoral collective agreement in accordance with the VHJ Statute, according to specific conditions and needs, shall contain commitments from both Parties to ensure the planned tasks, material interest, care for workers, educational and educational activities and the creation and use of a fund of cultural and social needs for a period of usually five years, with a possible breakdown per year, in particular with regard to:
(a) the brief characteristics of the main tasks of the VHJ Plan, the conditions for applying friendly planning and development of the work and creative initiative according to the needs of the sector, including the way in which the results achieved are checked at VHJ level;
(b) ensuring planned changes in the structure of production, its efficiency and quality, in particular the tasks of national target programmes, technical development by reducing the material performance of production, improving labour productivity and the technical and economic level of products;
(c) the creation of conditions for the implementation of programmes for the development of the movement of inventors and enhancers, including the introduction and expansion of progressive methods of work and the desirable use of thematic planning within the VHJ;
(d) the method of allocating the economic result of the VHU, in particular the rules on the creation and distribution of funds to the VHJ funds and subordinate organisations constituting the VHJ, including the means for developing corporate social policy;
(e) the determination of the total amount of wage resources resulting from the binding limits and the planned tasks, its division into sub-components according to the method of production and purpose of use and to individual organisations; total average wage for the VHJ, per organisation or in breakdown by categories or groups of workers,
(f) the provision of core remuneration tasks, in particular resulting from the long-term wage programme, the application of wage forms, etc., including the setting of a time-frame, forms, methods and conditions for their implementation for lower levels of management;
(g) establishing principles for regulating wage resources within the VHJ according to the results achieved, including penalties for poor production, or breach of contractual obligations, exceeding the wage limit, etc.,
(h) setting out substantive tasks and policy-organisation measures to implement five-year work rationalisation plans, in particular setting out guidelines for lower management levels;
(i) the creation of conditions for the fulfilment of the plan for the preparation of cadres, personnel and social development of the VHJ, as well as measures to carry out other tasks beyond its scope, the implementation of which at the level of the VHJ will create assumptions. Under the conditions, it also contains commitments to build professional recreational, health, apprenticeship and other social facilities. The collective agreements are based on the "Programmes and plans for the preparation of cadres, personnel and social development 'and ensure and implement their tasks and objectives with their commitments,
(j) developing the professional qualifications of workers, in particular women, young workers, including apprenticeship youth and training of workers released from inefficient production. Increasing the political, economic and legal knowledge of workers and creating conditions to expand the educational impact of working groups for the consolidation of labour and technological discipline, the creation of material assumptions for the development of cultural educational activities and the use of working time in accordance with the schedule for the preparation of cadres, personnel and social development of the VHJ,
(k) laying down rules for the creation and distribution of resources of the Fund for cultural and social needs to meet indicators above 2% of the wage paid for the VHJ and the principles for their reduction and the rules for the allocation of resources of the sectoral fund for cultural and social needs to subordinate undertakings. The budget of the fund of cultural and social needs is part of the content of the sectoral collective agreement.
B. Content focus of collective agreements of organisations and racing collective agreements
Security of planned tasks
10. The collective agreement generally contains a brief description of the main tasks of the plan and the method of allocating the economic result (means). In order to fulfil the tasks of the plan or budget2), the collective agreement shall include in particular the specific commitments of the organisation and staff aimed at:
(a) ensuring that the tasks of the plan are uniformly carried out, in particular by detecting and utilising reserves in sources of labour productivity growth and by streamlining the production process, improving internal management and organising work, and consistently applying the conditions of friendly planning already in preparation for the next year;
(b) the full use of new technology and technology and the rapid introduction of results of scientific and technological progress into production by means of reconstruction, modernisation, automation, mechanisation and innovation of production and the optimum use of means of production, in particular by increasing exchange rates;
(c) ensuring the planned quality of production and quality of service, increasing the share of Class I products, expanding and replacing the product range in order to meet the planned supply to the internal market, export, investment construction and supply to other customers; in so doing, by means of a specific stimulus, significantly affect the increase in the utility characteristics of the products, the reduction in the cost share of punks and complaints,
(d) the creation of all-round conditions for the efficient use of fuels and energy, raw materials and materials, in particular by reducing standard consumption and the use of additional reserves in budgetary, overheads and production costs in order to increase the profitability of production and services;
(e) the consolidation of labour and technological discipline, the full and efficient use of the Working Time Fund, the stabilisation of workers, the reduction of absences and undesirable fluctuations, the better use and deployment of workers, the safeguarding of property in socialist ownership;
(f) the creation of conditions for the development of intra-corporate competition and the targeted improvement of production (operational) meetings, including how to promote, popularize and exploit the results and experience achieved by all forms of work and creative initiative;
(g) implementing and monitoring the implementation of programmes of comprehensive socialist rationalisation in the further development of comprehensive rationalisation brigades and other effective forms of technical creative initiative for workers, including deepening and creating conditions for their efficient use;
(h) the consistent provision of the tasks of national target programmes and comprehensive programmes for the development of the movement of inventors and enhancers, thematic tasks plans and other forms ensuring a broad participation of workers in scientific and technological development;
(i) measures aimed at reducing overtime and reducing the night work of women.
Material interests
11. In accordance with wage and other legislation, following a collective agreement of a higher degree of management, a long-term wage programme and a five-year work rationalisation plan, the collective agreement shall include in particular:
(a) the total volume of wage resources resulting from binding limits and planned tasks, its division into internal services and according to the purpose of application; the amount of the average wage for the organisation (plant), in total, broken down by categories or groups of workers and by in-house services,
(b) measures to enhance wage differentiation between internal services, groups of workers and selected professions according to their demonstrable contribution to the performance of the critical tasks of the organisation, in particular in increasing the efficiency and quality of all work, the sustained increase in labour productivity and the achievement of all-round savings of living and strenuous work, or in other respects;
(c) measures to improve the economic efficiency of wage forms in order to enhance their incentive and focus on the organisation's critical tasks;
(d) specific tasks in the targeted development of rationalisation and normalisation of work, in particular the improvement of the normative base leading to the increasing application of technically justified performance standards in production, the extension of the normative base to auxiliary and service work and the introduction of validated organisational systems aimed at reducing the number of management and administrative apparatus;
(e) the procedure for codecision of the Revolutionary Trade Union Movement Committee on the application of labour consumption standards and for the development of standards which are not established on the basis of approved normative documents;
(f) measures for the continuous evaluation of wage developments, control of the effectiveness of wage systems and compliance with wage rules;
(g) the procedure where compliance with or exceeding the mandatory wage limit is jeopardised or the restriction of pay within the organisation is reduced;
(h) information where the staff of the organisation may consult the wage regulations used in the organisation, the premium regulations, the specific conditions for the provision of remuneration and the establishment and use of the fund of managers, etc.
12. According to authorisation in wage or other legislation, collective agreement:
(a) lay down rules on the granting of shares in economic results;
(b) lay down the procedure and detailed conditions for the granting of remuneration for major work and life-annuals3) and for determining their amount to individual workers;
(c) may specify certain wage conditions, such as the amount and conditions of bonuses, preferences, etc.
Workers care
13. In the field of further improvement of the working, health, social, cultural and other living conditions, the collective agreement shall be based on the "Programmes and plans for the preparation of cadres, personnel and social development ', which shall include the basic objectives and the nominal tasks of corporate social policy, the indicators of its development and the specific time-limits of economic leadership, indicating personal responsibility.
The collective agreement shall contain the commitments of the working groups aimed at supporting the implementation of the staff and social development plan in this area and other commitments by both parties to the implementation of the corporate social policy tasks not included in that plan, but for the implementation of which the organisation will create real assumptions. The collective agreement shall specify in particular:
(a) in the field of improving the working environment, safety and health at work, joint action by economic and trade union bodies to continuously reduce occupational injury and occupational diseases and obligations to make effective use of three-stage control, to ensure public labour safety checks, to continuously educate and train workers for safe and healthy work, to make efficient use of personal protective equipment and to reduce the number of women working with a load above the specified weight;
(b) in the field of racing health care, the principles of the selection of workers for spa treatment and the commitments and measures to improve healthcare quality, including preventive medical examinations and the creation of conditions for the application of workers with altered working capacity;
(c) in the field of food for racing, the principles for providing a contribution from the fund of cultural and social needs to workers and former workers (pensioners) for racing meals, forms of social control of the trade unions over the competitive diet, including the way in which the conclusions are applied in the absence of deficiencies, and other commitments to improve the environment and to rationalise the work and output of meals in the facilities for racing, to improve the quality and expansion of the range of food served, to develop the socialist competition of racing workers and to educate workers for rational nutrition and to apply proper dietary arrangements;
(d) in the field of housing of workers, the principles of the selection of workers in the housing list and the principles of the granting of loans from the fund of cultural and social needs and of interest payments on loans from the state savings bank for housing purposes; commitments to provide professional and technical assistance to workers in individual and cooperative housing, improvement of maintenance of the farm housing fund and in the education of housed workers in corporate accommodation facilities to respect the principles of the protection of property in socialist property,
(e) in the field of recreation of workers and their family members, the principles for the selection of participants and differentiation in the provision of recreational contributions and the principles for the use of business equipment, including the determination of the length of the recreational period and the commitments to the participation of workers in the expansion of the recreational base, including the pioneering camps of the Revolutionary Trade Union Movement;
(f) in the area of living conditions and the environment, a common approach to improving living conditions in particular for working women, transport to and from work, services of all kinds, principles for the selection and placement of children in pre-school institutions and common measures to effectively protect the environment in support of the National Front electoral programmes;
(g) the creation of universal conditions for the development of cultural and sporting activities, the efficient use of workers' leisure time, in particular youth and the formation of a socialist lifestyle;
(h) in the field of individual social care, the principle of providing one-off social assistance in individual social emergencies;
(i) in the field of development of the labour initiative and social engagement, the principle of providing non-monetary remuneration from the fund of cultural and social needs for exemplary and continuous performance of work tasks or exceptional social engagement, and in working and living years and commitments to improve the work and environment of the "Trade Unionaries to their establishments and the Republic" action to support the performance of the tasks included in, or beyond, the social development plan;
(j) the conditions for the continuous consolidation of the legal consciousness of workers in the form of legal propaganda, taking into account the specific conditions of the organisation, the provision of advice in the field of labour law, social law and civil law legislation.
Education and training activities
14. In order to increase educational activity in order to further enhance the knowledge and knowledge of workers, the collective agreement shall include commitments aimed at:
(a) improving the qualifications of workers, in particular youth and women, in accordance with the needs of the organisation in business and other forms of education;
(b) increasing the political, economic and legal knowledge of workers in the schools of socialist work and in the workplace and selecting propaganda professionals according to the needs of the trade union;
(c) strengthening the educational influence of workers' collectibles to strengthen labour and technological discipline, to economy, to improve the use of the working time fund and to ensure the protection of property in socialist property through training, propaganda and agitation.
Creation and drawing up of a fund of cultural and social needs
15. In order to make effective use of the funds of the Fund for Cultural and Social Needs, it shall, in accordance with the legislation:
(a) the collective agreement of the organisation shall in particular:
- the amount of the allocation to the fund of cultural and social needs of the organisation,
- conditions for additional allocation to the cultural and social needs fund,
- the possibility of excluding from the benefits of the cultural and social needs fund workers of an organisation with an undeclared absence and workers who have been granted a final disciplinary action;
(b) a collective race contract in particular:
- the amount of the allocation to the plant's cultural and social needs fund,
- the possibility of excluding from the benefits of the cultural and social needs fund the workers of the plant with an unexcused absence and those of the workers who have been legally imposed a punitive measure.
16. The budget of the fund of cultural and social needs is part of a collective agreement.
Legal binding of collective agreements
17. The draft collective agreement must be discussed and approved by the ROH trade conference, the draft collective agreement of an organisation or a collective race agreement by a member meeting or conference of delegates of the basic organization of the Revolutionary Trade Union Movement (basic organization of the Revolutionary Trade Union Movement), otherwise the collective agreement is invalid. The same applies to the conclusion of amendments and additions to a collective agreement.
18. The collective agreement shall become a binding signature for both Contracting Parties by representatives of both Contracting Parties. Both parties are obliged to comply with it since then and to make any changes and additions only with mutual consent and in the prescribed manner.
19. The legal effectiveness of the obligations contained in the collective agreement shall begin on the first day of the period for which the collective agreement was concluded and end on the expiry of that period.
20. Provisions and obligations in collective agreements which are contrary to the law or the interests of the company shall be void.
21. Entitlements resulting from collective agreements for individual workers shall be applied and met as other claims of workers from employment.
22. Leaders of an organisation who fail to fulfil their obligations under a collective agreement or cause delays in the implementation of the provisions and obligations contained in a collective agreement shall draw the attention of the racing committee to the deficiencies and request the removal of the deficiencies identified.
The Racing Committee may propose to the competent authorities, within the framework of the applicable rules, to apply appropriate measures to such workers, such as the withdrawal or reduction of premiums, remuneration, shares, the imposition of disciplinary measures or the withdrawal of office.
They are responsible for fulfilling the commitments made by the trade union authorities under the Statute of the Revolutionary Trade Union Movement.
23. The Director-General of the VHJ, the head of the organisation, of the plant, shall monitor continuously how the managers and other staff referred to in the collective agreement fulfil their obligations under this Treaty. It considers the alleged failure to comply with these obligations to be a violation of labour discipline and makes it a consequence. The evaluation of the performance of individual managers and the material valuation of their work shall also take into account how they contribute to the performance of the collective agreement organisation's obligations for which they are responsible.
24. Disputes arising between the competent trade union body and the management of the VHJ, the management of the organisation or establishment and relating to the failure of the organisation to fulfil its obligations under the collective agreement shall be settled by the competent higher trade union authority in agreement with the authority of the head of the VHJ or the organisation.
25. A collective agreement may agree on the consequences of non-compliance with commitments which do not give rise to individual workers' rights and the composition of the body which solves disputes arising from non-compliance with those obligations. The composition of this body shall, as a general rule, be such as to represent mainly the authorities of the superior organisations and the competent higher authority of the trade union.
26. When checking the performance of a collective agreement, it is possible to agree on which replacement performance the organisation will provide in the absence of a non-fault default.
Annexes to the collective agreement
27. Each collective agreement shall include annexes thereto. It consists of:
- changes and additions to the collective agreement,
- protocols for the public control of the implementation of a collective agreement, including commitments (measures) to address deficiencies,
- other essential annexes as instructed by the competent central authority and the competent trade union committee.
Registration and control of the implementation of collective agreements
28. The collective agreements concluded by the organisations, their amendments and additions shall be recorded by the authorities directly to them and by the competent authorities of the trade union. These authorities also consult on the content of the proposals for these collective agreements. The management of the organisation, together with the relevant trade union body, shall carry out consultations and records of racing collective agreements. Trade union collective agreements, their amendments and additions shall be registered by the central authority and the competent authority of the trade union, which shall also consult the content of their proposals. The collective agreements concluded shall be sent to the register immediately after they have been signed.
29. Both Parties shall agree in a collective agreement on the following:
(a) regular routine checks on performance in order to create assumptions for the consistent and timely implementation of all provisions and obligations contained in the collective agreement. The conclusions of the normal monitoring of the implementation of the collective agreement are made available to workers at production (operational) meetings, trade union membership meetings and member meetings or conferences of the basic organization of the Revolutionary Trade Union Movement,
(b) half-yearly public checks on the implementation of the collective agreement by the organisation and the collective race agreement, involving all workers, organised twice a year under the joint plan of the political organisation measure. No later than 31 August of the current year and no later than 15 February of the following year, it shall approve the results achieved in the performance of the collective agreement and the proposed conclusions of the public control carried out by the membership meeting or the company (race) conference of the Revolutionary Trade Union Movement. The results and conclusions of the public control shall be used to prepare and conclude a new collective agreement and to analyse the organisation's economic activities,
(c) public checks on the implementation of the collective agreement, once a year, together with an evaluation of the results of the management and implementation of the VHJ plan and a discussion of their results and approval of the conclusions resulting from the trade conference of the Revolutionary Trade Union Movement.
Tasks of organisations, senior state and economic authorities and competent trade unions in applying the principles
30. The head of the organisation, the head of the race and the racing committee shall:
(a) familiarize workers with the proposals for a plan, obtain ideas for a collective agreement and discuss the draft collective agreement at production or operational meetings, trade union membership meetings or, where appropriate, the membership meetings of the basic organisations of the Revolutionary Trade Union Movement. Focus on comments from the workplace, use them to improve the draft collective agreement and to provide feedback on its application,
b) to ensure active participation of workers, economic workers, the functional asset of the Revolutionary Trade Union Movement, the Socialist Youth Union, the Czechoslovak Scientific and Technical Society in the public control of the implementation of the collective agreement for the midterm and year round. The evaluation shall be linked to the monitoring of the implementation of the economic plan and the preparation plan for cadres, personnel and social development, the evaluation of the workers' initiative and shall be used to further improve the organisation's economic activity.
31. The bodies superior to the organisations shall, together with the competent authorities of the trade union, ensure in particular:
(a) assistance in the preparation and control of the implementation of collective agreements in organisations managed by them;
(b) an assessment of the results achieved in the performance of collective agreements, the forms and methods of work applied, together with an analysis of the organisation's economic activity over the half-year and year, the organisation of exchanges of experience between organisations managed by them and the adoption of measures to address deficiencies.
32.
(a) adopt a common procedure to implement these principles in their sector, in particular with regard to the provision of methodological assistance and consultation in the preparation, content and control of the implementation of collective agreements in organisations managed by them. At the same time, they verify whether the racing collective agreements have been concluded in the races,
(b) evaluate the results of the half-yearly public control of the implementation of collective agreements by 15 October in the current year, in particular in terms of their effectiveness, the performance of commitments, the level of control carried out to deal with the suggestions and comments of the workers. By 31 March of the following year, it shall evaluate the implementation of the principles and the effectiveness of its measures taken to implement them, with conclusions to address any deficiencies,
(c) organise exchanges of experience in working with collective agreements and use the knowledge and ideas acquired to improve the level and effectiveness of collective agreements.
Final provisions
33. Interpretation of the provisions of these principles is carried out by the Central Council of Trade Unions with the Federal Ministry of Labour and Social Affairs.
34. The principles of the Government of the Czechoslovak Socialist Republic and the Central Council of Trade Unions for the conclusion, content and control of collective agreements No. 103 / 1975 Coll.
35. These principles shall take effect on 1 January 1981. According to them, it is already in preparation for new collective agreements.
1) For the purposes of these principles, an organisation shall also mean a group enterprise and a group special purpose organisation, provided that the group status has determined that they can act on their behalf in employment relations.
(2) In non-production organisations, the provisions of paragraph 10 shall apply mutatis mutandis depending on the nature of the organisation.
3) Decree of the Federal Ministry of Labour and Social Affairs No. 159 / 1970 Coll., on the provision of remuneration for major work and life years.
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Regulation Information
| Citation | Principles of the Government of the Czechoslovak Socialist Republic and of the Central Council of Trade Unions for the conclusion, content and control of collective agreements, approved by the Government of the Czechoslovak Socialist Republic Resolution 175 / 1980 Coll., for the conclusion, content and control of collective agreements, approved by the Government of the Czechoslovak Socialist Republic of 13 November 1980 No 366 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.12.1980 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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