Principles No 19 / 1965 Coll.
Principles for concluding employment agreements between socialist organisations and staff approved by the Government Resolution of 3 March 1965
Valid
19
PRINCIPLES
on the conclusion of agreements on working activities between socialist organisations and staff approved by the Government Resolution of 3 March 1965
The task of continuously increasing the level of services, repairs and custom and other work by improving their quality and readiness, as set out in the resolution of the Central Committee of the Communist Party of Czechoslovakia of 22 January 1964, also requires implementing measures which would not only contribute to the cost-effectiveness of the activities of socialist organisations, but would also enable additional persons to work in these organisations. This is mainly about the acquisition of women from households, pensioners and persons with altered working capacity, which prevent their tasks in raising children, health status or advanced age from being employed.
It is therefore necessary to make it easier for these persons to participate effectively in the labour relationship with the Socialist organisation in social work, to the extent appropriate to their possibilities or health skills, and in a way that would allow them to be flexible and at the same time contribute to the reduction of administration and hence to the costs of organisations.
The Government therefore laid down the following principles, according to which socialist organisations may conclude agreements with citizens on work:
A Socialist organisation may conclude agreements with citizens on working activities in particular in order to extend, deepen and improve services. Such agreements may be concluded if the scope of the services provided by the socialist organisation does not cover the needs of the population or if the implementation of such services would be uneconomical in the new management process; they cannot be closed where all the conditions for employment are laid down.
The central authorities may, in agreement with the central committees of the relevant trade unions, define the range of activities that can be covered by such agreements.
The conclusion of the agreement shall establish an employment relationship between the citizen and the organisation, the content of which shall comply with the principles referred to in Article 4.
On the basis of the employment agreement, it will be useful to ensure in particular the provision of small services and, where appropriate, small craft work and repairs. The agreements will be useful in particular to extend the services of public catering and accommodation establishments, in particular in activities of an occasional nature, such as the import and transport of luggage, the provision of errands, laundry and ironing, cleaning, ironing and minor treatment of clothing, the repair of stockings, shoe cleaning, barber and hairdressing services, the washing and maintenance of motor vehicles, the services in bathrooms, dressing rooms, toilets and games or sports services (e.g. in boat hire and spa services).
Furthermore, it will also be possible to conclude agreements for occasional or irregular sales of goods such as walking and kiosk sales of refreshments, cigarettes, catalogues, flowers, souvenirs, etc., especially in recreational places and at various gatherings.
If it does not go on the occasional or irregular sale of goods, it will be possible to conclude such trade agreements only exceptionally, to ensure sales in small tobacco stores and in the smallest restaurants.
Employment agreements may be concluded in particular with household women, pensioners, students, persons with altered working capacity and workers who intend to pursue this activity in addition to their main employment in employment or in relation to a member of a single agricultural cooperative or production cooperative. These agreements may be concluded with minors only if their professional education is not jeopardised. If responsibility for property values is linked to the work activity, these agreements can only be concluded with citizens over 18 years of age.
In obtaining citizens for work under these agreements, organisations shall cooperate as closely as possible with the regional national committees.
An activity carried out under these agreements shall not give workers such rights as an activity in employment. In fact, the new form allows workers to carry out work on a limited scale, or at the time best suited to them, and thus makes it accessible to women in particular in the household, who are prevented from being employed in the work of children and family care. This form of participation in social work will also be beneficial for pensioners and persons with altered working capacity, as it allows them to carry out activities which do not primarily impose great demands on the physical fitness of workers, to the extent appropriate to their physical capacity. For this reason, this form will also benefit workers who want to work under the employment agreement in addition to their normal employment, because it will be an activity of a complementary nature.
The proper provision of services is under the responsibility of the customer of the socialist organisation that has concluded the employment agreement, according to the provisions of the Civil Service Code.
The proper and quality provision of services is the responsibility of the socialist organisation of citizens - customers under the provisions of the Civil Code on the provision of services by organisations (Act No. 40 / 1964 Coll.); However, if this form of work is carried out for other socialist organisations, the organisation is responsible for them under the relevant provisions of the Economic Code (Act No. 109 / 1964 Coll.). Therefore, the customer, whether a citizen or an organisation, enters into a contractual relationship with the organisation that provides these services, with all the rights and obligations that arise for the customer under this relationship.
The content of the employment agreement shall comply with the following principles:
1. A worker who enters into an agreement on work shall be obliged to do the work in person, with the assistance of the family members referred to in the agreement, where appropriate. When selling goods, not only on an occasional or irregular basis, they can only use family members living with them in the common household to help them.
According to this principle, the worker is allowed to be assisted by his family members. Since the organisation is responsible for the proper and high quality provision of services, it is appropriate that it should know in advance who will possibly be performing the work alongside the worker. Of course, it is not possible to allow children subject to compulsory education to receive this assistance. Other minors may be admitted to assistance only if this activity does not interfere with their professional education.
2. The work shall be carried out in accordance with the provisions applicable to their performance.
Where the pursuit of a particular activity requires a qualified worker, an agreement on work may be concluded only with a citizen who can demonstrate the qualifications required for that activity (e.g. by a teaching or teaching certificate or another certificate). The organisation shall inform the worker of the rules governing the work to be carried out as well as the rules on safety and health at work which it must comply with. If the worker is assisted by his family members, the worker himself shall be obliged to make them aware of the relevant provisions which he must comply with when the worker is assisted. Where an initial medical examination is prescribed for the performance of the work by special regulations, the organisation shall provide a medical examination of both the worker with whom the agreement is concluded and the family members who are to assist him in the work.
3. Work must be done in good time and quality. A worker may perform work on the basis of an agreement concluded on work at a time corresponding to his or her options and irrespective of the working time laid down for the staff of the organisation.
Although, in this way of engaging in work, it is generally left to workers the time in which they will carry out work, it will still be necessary, in some cases, to ensure that these work is carried out in a certain way, at a certain time, at a certain time or at a certain point. Therefore, the organisation may, as appropriate, define in the employment agreement the manner in which the work will be carried out and, where appropriate, determine the minimum time, days or place of performance of the work, unless there are serious reasons to prevent the worker from doing so. In principle, it is left to workers when and how often they will do their work and whether they will do it themselves or whether their family members will help them. They therefore do not take into account the application of the rules on overtime, on Sundays and holidays, and the provision of compensation for work barriers on the part of workers and organisations (downtime). Nor is there any reason to grant them paid leave to recover.
The proper execution of the work shall be carried out by an inspection carried out not only by the organisation which has concluded an agreement on work, but also by the competent control authorities in accordance with specific rules.
4. The organisation must create adequate working conditions for the worker to be able to perform the work properly and well.
In order to create working conditions, it is necessary to provide the worker with the necessary basic resources or, where appropriate, certain small or short-term items. However, when defining the working conditions that the organisation ensures in this way, it should be based on the nature and extent of the work carried out as well as the agreed method of remuneration, which in some cases results in the obligation of the worker to carry out his own tasks, to procure material and to ensure normal maintenance on his own cargo, etc. Where goods are sold in the course of work, the relevant supplier-customer relations should also be defined in the employment agreement.
5. The remuneration of workers for work must be based on the principle of the worker's material interest in the result of the work, must take into account the organisation's interest in covering overheads and, where appropriate, in reasonable profit, and must be organised in such a way as to contribute as much as possible to reducing the administration and direction of the organisation.
The method of remuneration should be chosen according to the specific characteristics of each type of activity.
The remuneration on the service section may consist, for example, of the revenue obtained from which the worker pays the organisation a flat-rate amount to cover the overhead (heating, lighting, rental, painting, etc.), including depreciation, insurance premiums, sickness insurance and other expenses, so as to cover the actual costs incurred by the organisation and to generate a reasonable profit, and to retain the remainder.
As a general rule, in the field of trade, the remuneration will be determined in the form of a commission from the collection of certain goods (e.g. tobacco, beer and soft drinks). The commission can be determined in particular by the share of the trade deduction (part of the trade deduction will be received by the organisation to cover costs and profits and the commission will be the remainder of the commission). The commission may also be the whole trade haircut; in such cases, the worker will pay the organisation a fixed amount to cover its costs and profits. In addition, the organisation may undertake to guarantee a minimum amount of remuneration to the worker.
6. The organisation shall be responsible for the accident which occurs in the course of the activity of the worker under an agreement concluded on work or in direct connection with (accident at work), as well as for the workers performing such work in employment, under the applicable rules on compensation for accidents at work; However, the organisation is responsible to the family members for the accident suffered in the rescue only under the Civil Code.
The organisation is responsible for damage caused to workers and their family members. Only in an accident at work is the organisation's responsibility wider. There is no reason why a worker should be less protected in this activity than a worker who is engaged in that activity. Otherwise, this is the case for accidents involving family members who assist the worker as he wishes with the agreement of the organisation. For these persons, it is appropriate that the organisation be responsible only for the damage caused to them.
7. The worker shall always be responsible for the damage caused to the organisation by the fault of the worker or, where appropriate, the family member in the performance of the work under the employment agreement, directly to the organisation. If the damage was caused by negligence, the worker is liable for it by analogy under Act No. 71 / 1958 Coll., on obligations to make good the damage caused by the employee by the breach of employment obligations.
The work of the worker shall be the responsibility of the customers of the organisation. It is therefore responsible for the damage caused by the incorrect execution of the work. It is therefore appropriate for the organisation to be reimbursed for the damage it has suffered. As the employment agreement gives rise to an employment relationship only between the organisation and the worker, the worker must also be responsible for the damage caused by his family member who has assisted him in the activity. In the event of negligence, it is appropriate to require compensation only up to an amount which ensures that the obligation to make a refund does not affect the social status of the worker and his family. It is therefore necessary to apply mutatis mutandis under Act No. 71 / 1958 Coll. The compensation will therefore not amount to more than three times the worker's monthly income. This will be the income of the worker from an activity under the employment agreement. In order to assess the amount of this revenue, it will be possible to base the expected income taken as the basis for determining the amount of the population income tax. Since these agreements can also be concluded in the field of trade, the increased responsibility that workers have in their employment for the values entrusted to them or for the working items entrusted to them should be accepted.
8. The remuneration of workers shall be subject to a public income tax.
The tax shall be paid by the workers on a flat-rate basis, as provided for in Article 9 of Act No. 145 / 1961 Coll., on the income tax of the population, by the National Committee after consulting the taxpayer and the organisation. In determining this lump sum, account will be taken of the extent of work and the expected income in the current year, and its amount will be set at approximately the amount of wage tax the taxpayer would pay if working in employment.
9. Sickness insurance and pension insurance shall consist of workers who are no longer insured (insured) because of other activities or who do not receive an old-age or invalidity pension and shall be obliged to pay a public income tax equal to at least a flat-rate amount corresponding to the income of at least 400 CZK per month. The scope of sickness insurance and pension insurance is laid down in a separate regulation. *)
10. Only the price set for the service provided by the relevant price list or, where applicable, the price regulation or designated organisation may be required.
This principle ensures that workers cannot demand more for work done under the employment agreement than is required for work done by the workers of the organisation who are working towards it. In compliance with this requirement, workers may, in agreement with the customer, also require an exceptional premium for the special or accelerated execution of the work.
Labour agreements shall be concluded in writing and shall indicate the rights and obligations arising from these principles for the worker and the organisation, as well as the other conditions agreed with a view to the proper and good performance of the work.
When concluding employment agreements, organisations are required to comply with these principles and to ensure compliance with the rights and obligations arising therefrom. An agreement the content of which would be contrary to these principles may be considered as an agreement the content of which is contrary to the general interest.
A work agreement may be concluded for a fixed or indefinite period. The agreement shall specify the way in which the agreement is repealed both by the worker and by the organisation. If an agreement is reached with a worker who has his main employment, the agreement shall allow for its annulment in the event referred to in Article 7.
When concluding a work agreement for a certain period of time, it may be agreed, for example, that the agreement is extended for a further period, unless one of the parties is denounced in advance. The agreement may also state the reasons for which it may be revoked without notice; when determining those grounds, it is necessary to base the reasons for which the employment relationship may be cancelled without notice under the applicable rules.
If a worker intends to enter into a work agreement in addition to his main employment, he shall notify the organisation to which he is employed. Work under this Agreement may be carried out by a worker only if the organisation in which he is employed does not communicate to the organisation which has concluded the agreement with him that he no longer agrees with the worker's activities under the agreement concluded because that activity prevents him from doing his job properly in the main employment.
Therefore, prior approval of the organisation in which the worker has his main employment is required for the conclusion of an agreement on employment only if it is prescribed by specific regulations. However, the proper exercise of this employment requires that the organisation which employs the worker always knows about this activity of the worker and also has the possibility of requiring the termination of the agreement if the work in the main employment is adversely affected.
If work is carried out under an agreement on the work of a pensioner, his pension will therefore not be deducted or reduced.
*) Decree No. 21 / 1965 Coll., on pension insurance, sickness insurance and preventive and medical care of certain citizens active in the provision of services.
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Regulation Information
| Citation | Principles No 19 / 1965 Coll., on the conclusion of employment agreements between socialist organisations and staff approved by the Government Resolution of 3 March 1965 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.03.1965 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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