Decree No. 196 / 1989 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on Flexible Working Time
Valid
Effective from 01.01.1990
196
DECLARATION
Federal Ministry of Labour and Social Affairs
of 20 December 1989
on flexible working time
The Federal Ministry of Labour and Social Affairs provides, pursuant to § 85b and § 123 (1) (a) of the Labour Code No. 65 / 1965 Coll., as amended by Act No. 188 / 1988 Coll. (full version No. 52 / 1989 Coll.), in agreement with the Central Council of Trade Unions and the Association of Cooperative Farmers:
Preliminary provisions
(1) Flexible working hours may be applied in organisations in order to achieve better results in the economy, in particular to improve the efficiency of work and to better safeguard workers' needs.
(2) When introducing and applying flexible working time, the provisions of the Labour Code and other labour legislation shall apply, unless otherwise provided for in this Decree.
Flexible working hours
(1) When flexible working hours are applied, the worker selects the beginning or the end of working hours in each dneh1) within the time periods specified by the organisation (optional working hours). Two sections of optional working hours include a time period in which the worker is obliged to be in the workplace (basic working hours). Flexible working hours may be applied in accordance with this Decree, both at the uniform distribution of weekly working hours per week, 2) and at the uneven distribution according to the labour law of the relevant central authority. 3)
(2) The organisation shall determine the start and end of the basic working hours so that, at the fixed weekly working hours of 421 / 2 hours, the basic working hours are at least five hours on each working day.
(3) Optional working hours are planned by the organisation at the beginning and end of the working shift so that the optional working hours section at the beginning of the working shift is at least one hour at the specified weekly working hours of 421 / 2 hours.
(4) Similarly, in accordance with paragraphs 2 and 3, shorter working hours shall be carried out under 421 / 2 hours for a week) and shorter working hours, (5) where appropriate, if weekly working hours are allocated to a number other than five days per week, the length of the basic and optional working hours shall be determined in proportion to the weekly working hours.
(5) The basic working hours, together with the sections of optional working hours, are daily working hours. A worker may not work outside daily operating hours unless it is overtime (Section 5) .6)
Flexible working time forms
(1) Flexible working hours shall apply as:
(a) a flexible working day on which the worker selects the start of the working shift and is obliged to work the full working shift for that day on the relevant working day according to the schedule of weekly working hours until the working hours set by the organisation, 2), 3)
(b) a flexible working week with evenly distributed working hours, (2) in which the worker selects the beginning and end of the working hours himself and is obliged to work the full week's working hours in the relevant week; (7) the length of the work shift is not limited to nine hours (8) and the provisions of point 12 of Decree No. 63 / 1968 Coll., on the principles for shortening the weekly working hours and for introducing operating and working arrangements with a five-day working week, on the shortest permitted working hours before the day off;
(c) flexible four-week working hours with unevenly distributed working hours, (3) in which the worker selects the beginning and end of the working shifts and is obliged to work the working hours corresponding to the scheduled weekly working hours for that four-week period over a period of four consecutive weeks determined by the organisation. 7)
(2) Any work exceeding the working time of a flexible working day, the working time of a week, the working time of a flexible working week and the four-week working period of a flexible four-week working period [paragraph 1 (c)] shall not be taken into account in the case of overtime work (§ 5 (1)) or the working part of the working time not worked (§ 4 (4) and § 7 (2)).
Obstacles at work
(1) Obstacles at work on the part of the worker shall only be considered as labour when applying flexible working time to the extent that they necessarily interfere with basic working time. To the extent that they have intervened in optional working time, they shall be treated as excused but not as work and shall not be compensated for.
(2) Where the legislation on labour barriers on the part of the worker determines the exact length of the period for which the worker is entitled to leave, the full period shall be considered as the work; a period of one day corresponding to the average length of the working shift resulting from a specified and, where appropriate, a shorter weekly working time of the worker concerned shall be considered.
(3) Obstacles at work on the part of the organisation shall be considered as performance of the work if they have intervened in the working shift of the worker, for each individual day when applying:
(a) a flexible working day not exceeding the length of the working shift per worker for the relevant day;
(b) a flexible working week and a flexible four-week working period not exceeding the average working shift length resulting from a specified or, where appropriate, shorter working time of the worker concerned.
However, work is not considered to be a work of interruption for adverse weather effects. 9)
(4) If the worker has not worked for the obstacles to work referred to in the second sentence of paragraph 1, the whole of the working day, or the whole of the working week, or, where applicable, the whole of the working time for the four-week period [Paragraph 3 (1) (c)], as the obstacle to work on his part has prevented him from doing so, he shall be obliged to work on the working days not later than the end of the next calendar month, unless he has agreed with the organisation another working time. If the worker has not been able to complete that part of the working time in the previous sentence for obstacles to work on his part, he shall be obliged to do so without undue delay after their wastage unless he has agreed with the organisation another working time. Processing according to previous sentences is only possible in daily operating hours (§ 2 (5)), if no other time has been agreed and there is no overtime.
Overtime work
(1) Overtime work is work done by the worker at the orders of the organisation or with its consent when applying
(a) a flexible working day exceeding the working shift for the relevant day, according to the schedule of weekly working hours until the working hours laid down by the organisation;
(b) a flexible working week and a flexible four-week working period above the basic working time fixed for the relevant day (Paragraph 2 (2));
where the worker has worked over the fixed weekly working hours and, when applying the four-week working periods referred to in Article 3 (1) (c) above the fixed working hours for that four-week period.
(2) Overtime shall not be the case if the worker has used the work carried out under paragraph 1 (a) or (b).
(a) within the same week to fulfil the obligation to work the specified weekly working hours;
(b) when applying a flexible four-week working period as referred to in Article 3 (1) (c) within that period, to fulfil the obligation to work for the four-week working period.
(3) It is not about overtime work if the worker has worked over the fixed weekly working hours [over the four-week working hours referred to in Paragraph 3 (1) (c)] the work which the organisation has not ordered him to do, nor has he given his consent to it, and without his fault he has not been able to use that work during the remainder of the week (four-week period) to fulfil his obligation to work over the specified weekly (four-week) working hours, because he was unexpectedly prevented by the reasons which are considered to be the work. 10) The organisation shall provide the worker with a salary for this work and shall be credited to him by the working time of the week (four weeks), as a rule, immediately following the expiry of those reasons.
(4) In accordance with the procedure laid down in paragraph 2 and paragraph 3, the second sentence of the worker shall comply with the basic working hours fixed for the relevant day (Paragraph 2 (2)).
Work breaks
(1) A working break for food and rest is usually provided during the basic working hours, three hours after the beginning.
(2) If the worker has not worked one week's working hours or four weeks' working hours [Paragraph 3 (1) (c)], because the organisation has provided him with work breaks for food and rest to a greater extent than those counted for working time, 11) he shall be obliged to complete that part of the working time in the period referred to in Paragraph 4 (4).
Common and final provisions
(1) According to the decision of the head of organisation in agreement with the relevant trade union body, flexible working hours may be introduced, applied, stopped or temporarily interrupted throughout or in part of the organisation or, where appropriate, for selected staff; In particular, account shall be taken of the economic interests of the organisation, in particular of increasing the efficiency of work by making more consistent use of working time and reducing the extent of overtime work, the situation in transport and energy, (12) the legitimate interests of workers and the operational and working conditions referred to in paragraph 2.
(2) Flexible working hours may only be applied to workers who have established reliable conditions for the recording of hours worked, in particular on coming and leaving the workplace, on obstacles to work and overtime. Flexible working hours shall not apply, in particular, when sending a worker on a business trip, when there is a need for the security of an operational or urgent work task in the context of a shift whose beginning and end are fixed, (1) or where its application prevents an interest in the proper security of the sale of goods and the provision of other services or other operational reasons; in such cases, the worker shall be subject to a pre-determined allocation of weekly working hours in working shifts whose fixed start and end have been determined by the organisation.1), 2), 3)
The introduction and specific conditions for the application, suspension or temporary interruption of flexible working time pursuant to Section 8 shall be laid down by the organisation in the Conditions of Employment, 13) or other internal rules, as the case may be. The organisation shall inform the worker in advance of the introduction, conditions of application and the cessation or temporary interruption of flexible working hours.
Efficacy
This Decree shall take effect on 1 January 1990.
Minister:
Miller v. r.
1) Paragraph 87 (2) of the Labour Code.
2) Section 84 of the Labour Code.
3) Section 85 of the Labour Code.
4) Paragraph 83 (3) and (4) of the Labour Code.
5) Articles 86 (1), 156 (2) and 270 (2) and (3) of the Labour Code.
6) Sections 90 and 92 of the Labour Code.
7) Sections 83, 86 (1), 156 (2) and 270 (2) and (3) of the Labour Code.
8) Paragraph 84 (2) of the Labour Code.
9) Paragraph 55 (1) (a) of Decree of the Government of the Czech Republic No. 223 / 1988 Coll., implementing the Labour Code. Section 130 (2) of the Labour Code.
10) Paragraph 55 (1) of the Decree of the Government of ČSSR No. 223 / 1988 Coll.
11) Article 12 (1) of Decree of the Government of the Czech Republic No 223 / 1988 Coll.
12) § 93 of the Labour Code.
13) Section 82 of the Labour Code.
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Regulation Information
| Citation | Decree of the Federal Ministry of Labour and Social Affairs No. 196 / 1989 Coll., on Flexible Working Time |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1989 |
|---|---|
| Effective from | 01.01.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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