Act No. 177 / 1968 Coll.
Act on the Loyalty Admission of Miners
Valid
Effective from 01.02.1969
177
THE LAW
of 20 December 1968
on the loyalty of miners
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
In recognition and appreciation of the loyalty of mining work, the workers in mining and mining apprentices shall be granted the loyalty allowance of miners (hereinafter referred to as the "loyalty allowance ').
(1) Loyalty allowance shall be granted in respect of undertakings, plants and plants which are engaged in the extraction and treatment of coal, radioactive raw materials, ores and certain other reserved minerals which are being extracted in a mining way, the construction of operational works and installations for the extraction of such mineral materials, as well as in undertakings whose activity is the exploration and exploration of bearings (hereinafter "mining organisations"); the list of other reserved minerals extracted in a mining way is approved by the Government of the Czechoslovak Socialist Republic.
(2) In mining organisations, a loyalty allowance shall be granted to workers when they are working directly in mining operations or ensuring its technical or economic preparation, management and organisation. The range of these workers according to their work activities and, where appropriate, their profession shall be specified in a collective agreement. In exceptional and justified cases, they may be extended. The Government of the Czechoslovak Socialist Republic approves the extension of the circuit to workers performing mining technology to the construction and maintenance of underground works of non-mining operations.
(3) Loyalty allowance is also granted
(a) occupational rescue workers in mining;
(b) workers of engineering organisations, provided that they carry out maintenance on a permanent basis directly in mining establishments;
(c) research institutes' staff if they are permanently working at research sites in the underground (including test blocks);
(d) long-term vacant officials and staff of the authorities of the relevant trade unions and of the mining inspectors overseeing under the Mining Act (*), if they have transferred directly from the workplaces where they would benefit from the loyalty allowance under other provisions of the Act.
Entitlement to the loyalty allowance shall arise after three years of continuous employment in the same organisation ("waiting period '). For workers who, according to the decision of the State Health Administration, are on the basis of a preventive barrier to the emergence of occupational diseases after a specified period of transfer to another workplace, the waiting period is halved. Miners' apprentices are responsible for the addition of loyalty after the first year of teaching.
(1) Loyalty allowance is granted in principle in the following annual amounts:
(a) workers working permanently in the underground (including mining workers), in quarries and shelters and in surface sites where there is direct contact with uranium ore concentrate, as well as workers who have crossed from those centres in accordance with § 2 (3) (d), between 800 and 3800 CZK;
(b) other workers in the range of 600 to 2300 CZK;
(c) to miners' apprentices, after the successful completion of each school year, in the range of 100 to 300 CZK.
(2) The amount of the loyalty allowance based on the difficulty and risk of the work carried out and on the duration of the continuous employment relationship shall be determined in a collective agreement within the limits of the rates referred to in paragraph 1 and in the mining organisations in exceptional and justified cases and beyond that margin.
(1) Loyalty allowance is paid to Mining Day for the mining year (1 July to 30 June).
(2) The fulfilment of the waiting period and other conditions laid down in the collective agreement on 1 July of the year concerned shall be decisive in order to qualify for the loyalty allowance. At the end of or, where appropriate, in the course of the mining year, the worker shall be entitled to the corresponding annual amount for each completed calendar month of the service.
(3) Loyalty allowance shall not be reduced for the duration of the obstacles to work if the worker is entitled, in accordance with the relevant rules, to compensation for wages or cash benefits of sickness insurance or to a scholarship provided by a mining organisation, where appropriate. In the case of obstacles to work without compensation for wages and unconditionally missed working hours (shifts), the loyalty allowance shall be reduced under the conditions and in the manner laid down in the collective agreement.
(1) The duration of the continuous employment in the same organisation shall include the duration of the teaching relationship for workers working in the mining organisation of the profession for which they were taught. The duration of a continuous employment relationship shall also be taken into account for the period during which the worker interrupted employment in a mining organisation as a result of:
(a) political, national or racial persecution, participation in the resistance and service of the armed forces of the Allied armies during the period of infreedom; *)
(b) illegal decisions if the worker has been rehabilitated;
(c) the performance of public office.
(2) The collective agreement may also specify other periods to be included in the period of continuous employment in mining, in particular periods of time for which the worker was not employed in the mining organisation in connection with the performance of basic (replacement) military service, periods previously worked in the mining organisation, periods of successfully completed studies at professional and university schools or periods of employment abroad.
(1) A worker transferred as a result of an accident at work or an occupational disease (a threat to that disease) to a workplace with a lower rate of loyalty allowance shall be entitled to a loyalty allowance which would belong to him at his original place of work. A worker who was transferred after 20 years of mining work to a lower-bound workplace is entitled to the same entitlement.
(2) Special rules apply to workers released from a mining organisation as a result of an accident at work or occupational disease (a threat to the disease). * *)
Loyalty allowance is not included in the basis for calculating the cash benefits of sickness insurance and in the average earnings (Section 275 of Labour Code No. 65 / 1965 Coll.) * * *)
(1) The cost of the loyalty allowance referred to in Article 4 (1) and, where applicable, the last sentence of Article 2 (2), forms part of costs of a non-productive nature and forms part of the costs of other payments to natural persons in budgetary organisations. If the loyalty allowance under the collective agreement is granted to other workers (Article 2 (2), third sentence) or above the range set out in Article 4 (1), the costs of the distribution of gross income and in budgetary organisations shall be borne by the incentive fund. From these sources, a loyalty allowance under this Act may also be granted by an organisation other than those referred to in Paragraph 2, provided that a collective agreement so provides.
(2) The cost of the loyalty allowance to officials and workers of the trade unions (§ 2 (3) (d)) is borne by the mining organisation from which the workers have transferred to that office.
In the interests of a consistent procedure in defining in more detail the conditions for granting the loyalty allowance under this Act, mining organisations may agree uniform principles in agreement with the relevant trade unions and include them in a collective agreement.
(1) Workers who have been entitled to a loyalty allowance under the current rules and who do not fulfil the conditions of the waiting period under this law are entitled to a loyalty allowance at the lowest amounts of the rates according to the type of work carried out until they are entitled to a loyalty allowance under this law.
(2) A loyalty allowance equal to half of the annual amounts laid down in the collective agreement will be paid for Miners Day 1969.
They shall be deleted:
1. Government Decree No. 21 / 1952 Coll., on the loyalty allowance of miners;
2. Decree No. 155 / 1952 Ú. l., which gives detailed rules for implementing the Government Regulation on the Loyalty Admission of Miners as amended by Decree No. 16 / 1965 Coll.;
3. Decree of the Ministry of Mining of 1 April 1967 No 10 on certain arrangements for the granting of the loyalty allowance of miners (reg. 17 / 1967 Coll.).
This Act shall take effect on 1 February 1969.
Freedom v. r.
Srkovský v. r.
Ing. Cernik v. r.
*) Act No. 41 / 1957 Coll., on the use of mineral wealth (upper law).
*) Act No. 255 / 1946 Coll., on members of the Czechoslovak army abroad and on some other participants in the national struggle for liberation.
* *) Proceeds of the Ministry of Labour and Social Affairs and of the Ministry of Mining of 1 October 1968 No. XI-1134 / 1.10.1968 and 42.3 / 3468 / 2475 (reg. 45 / 1968 Coll.).
* * *) The calculation of the loyalty allowance to the worker's gross earnings for pension purposes is governed by social security rules.
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Regulation Information
| Citation | Act No. 177 / 1968 Coll., on the Loyalty Admission of Miners |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1968 |
|---|---|
| Effective from | 01.02.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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