Decree No. 197 / 1950 Coll.
Regulation on paid leave for the recovery of certain workers in construction and construction related fields in 1951
Valid
Effective from 01.01.1951
197.
Government Regulation
of 19 December 1950
on paid leave for the recovery of certain construction and construction workers in 1951.
The Government of the Czechoslovak Republic orders pursuant to § 14 of Act No. 143 / 1950 Coll., on paid leave for recovery in 1951 (hereinafter referred to as "the Act"):
(1) The provisions of this Regulation shall apply to workers in construction and related engineering sectors, with the exception of those covered by the Law on Private Employees, Trainees and Employees referred to in paragraph 4.
(2) According to this Regulation, construction staff shall mean employees in the establishments of national, municipal, cooperative and private undertakings carrying out works of an investment or maintenance nature, all of which are works of a major construction production and of the auxiliary construction work of painting, painting, paving, roofing, asphaltic, stuccatering, cladding and paving, terracultural and insulating (sealing). Workers in construction-related industries under this Regulation shall mean workers working in quarries, gravel mills, sandworks or bricks.
(3) The racing departments, workshops, warehouses and bearings shall also be considered as establishments referred to in paragraph 2.
(4) The provisions of this Regulation shall not apply to staff of construction and construction plants in which all employees are employed throughout the year.
(5) Where there is a doubt as to whether this Regulation applies to the staff of an establishment, the competent district national committee shall decide, after a decision by the competent authority of the single trade union.
(1) Employees covered by this Regulation (hereinafter referred to as "employees") shall be entitled to an area-related leave provided for in Article 2 of the Act after 48 weeks of employment in construction or in one of the fields related to construction.
(2) After 32 weeks of employment, the employer may, at his request, grant two thirds of the leave referred to in paragraph 1.
(1) The period which is legally applicable for the extension of the period of leave is calculated by considering as a year of employment each calendar year in which the staff member was employed in construction or in one of the fields related to construction for at least 26 weeks. If the employment in some calendar years has lasted for a shorter period of time, the full weeks in which the employee has been in the construction or construction sector, and the sum is divided by 26. The result indicates the number of years relevant for the area of leave. The number of weeks by which the sum of all weeks exceeds the number divisible by 26 shall not be taken into account. The duration of the employment relationships in another branch or group of professions, if, under the law, it is attributable to the period applicable to the extension of the leave, is calculated for its actual duration.
(2) Where the length of leave depends on the employee's age or the duration of his employment, the status shall be determined on 1 January of the year in which the staff member takes up his leave.
(1) If the employer does not proceed in accordance with paragraph 3, he shall be obliged to establish a holiday ticket for each staff member immediately upon the start of the work (hereinafter referred to as the "ticket"), if no longer exists, and to indicate the individual weeks of employment.
(2) The employer shall indicate the individual weeks of employment in such a way as to indicate in the notice the amounts laid down by the Ministry of Labour and Social Welfare by means of an official decree, taking into account, on the one hand, the length of the employee's leave and, on the other, the salary paid. The marking shall be carried out either by typing or gluing special stamps issued for that purpose by the Czechoslovak State Post, a national enterprise. Weeks for which employees are not entitled to pay or part thereof and weeks of leave shall be marked by the employer by noting or attaching a special mark without value; the marks shall not, however, be applied if the staff member is in charge of the basic service.
(3) Where the employer is a national or municipal undertaking, the data referred to in paragraph 2 may be shown in the wage records.
(1) The employer is obliged, for the duration of the contract, to keep the ticket, after the wage records (Section 4 (3)), and to submit it on request to the authorities of the District National Committee, to the employees' representative and staff.
(2) On termination of employment, the employer shall be obliged to draw up a ticket for the staff member and to attach the relevant stamps if he has not done so before; the ticket is issued by the employee. The staff member shall be obliged to surrender it to the new employer for safekeeping. If the new employer finds that the ticket is deficient, he shall immediately ask the former employer to remove it. The employer shall comply with the application without delay.
(1) As soon as the staff member is entitled to leave under Paragraph 2 (1), he shall be entitled to an allowance equivalent to the sum of the amounts indicated in the ticket or in the wage record (Sections 4 (2) and (3)).
(2) If the staff member is granted a proportion of the leave provided for in Paragraph 2 (2), he shall be entitled only to benefits corresponding to the sum of the amounts indicated over a period of 32 weeks.
(3) The employer may, in cases of special consideration with the agreement of the District National Committee, pay the staff member, at his request, the amounts indicated in the ticket or salary record before he becomes entitled to leave or part thereof under the previous provisions.
(1) If the employment relationship was terminated prematurely by an employee without an important reason or by an employer for an important reason caused by an employee, the employee loses his entitlement to leave. In such a case, the employer shall not issue a ticket to the staff member, but shall send it after three months to a single trade union organisation which shall be entitled to reimbursement. In that case, the employer, who shall proceed in accordance with Paragraph 4 (3), shall pay the relevant amount indicated in the wage record to the unified trade union organisation.
(2) If the employment relationship has been terminated before the end of the calendar year by an employee without an important reason or by an employer for an important reason caused by an employee, the employer shall require the staff member to pay in cash for the leave, in the case of part of it which he has exhausted before the termination. The employer shall be entitled to deduct the relevant amount on the last payment of the employee's benefits; This amount shall be paid to the Unified Trade Union Organisation.
(3) For days missed by the employee during the calendar year without any significant cause (§ 4 (2) and (4) of the Act), the employer is obliged to require the employee to pay twice the amount of benefits during the period of leave for each such missed day and to carry it out to a unified union organisation. The provisions of the last sentence of paragraph 2 shall apply mutatis mutandis.
The Ministry of Labour and Social Welfare shall, in agreement with the Ministry of Postal Affairs, lay down the details in the official document, in particular the model of the ticket, its use, the reimbursement of the amounts indicated therein, the method of keeping the wage records referred to in Section 4 (3) and the procedure of employers in the cases referred to in Section 5 (2).
This Regulation shall enter into force on 1 January 1951; They shall be carried out by labour and social services ministers and post offices in agreement with participating members of the Government.
Zaporocký v. r.
Dr Neuman v. r.
Erban v. r.
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Regulation Information
| Citation | Decree of the Government No. 197 / 1950 Coll., on paid leave for the recovery of certain employees in construction and construction related fields in 1951 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1950 |
|---|---|
| Effective from | 01.01.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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