What is Government Decree No. 216 / 1946 Coll.?

Decree No. 216 / 1946 Coll., implementing certain provisions of Decree of the President of the Republic of 24 October 1945, No. 104 Coll., on racing and business councils — Regulation implementing certain provisions of Decree of the President of the Republic of 24 October 1945, No. 104 Coll., on racing and business councils.

When it became Government Decree No. 216 / 1946 Coll. effectiveness?

Government Decree No. 216 / 1946 Coll. became effective 06.12.1946.

Is Government Decree No. 216 / 1946 Coll. still valid?

Yes, Government Decree No. 216 / 1946 Coll. is still valid and effective.

Government Decree No. 216 / 1946 Coll. - Regulation implementing certain provisio...

216.

Government Regulation

of 5 November 1946

implementing certain provisions of Decree of the President of the Republic of 24 October 1945, No 104 Coll., on racing and business councils.

The Government of the Czechoslovak Republic hereby orders pursuant to § 5, § 2, § 7, § 3, § 10, § 4, § 16, § 18, § 1, § 19, § 1, § 24, § 1, § 30, § 2, § 32, § 33, § 4 and § 34 of the President of the Republic of 24 October 1945, § 104 Coll., on racing and business councils (hereinafter the Decree):

Článek I.

(Paragraph 5 (2) of the Decree.)

Replacement body of the race council.

§ 1.

(1) The replacement body of the race council (hereinafter referred to as the replacement body) shall be appointed by the competent authority of the single trade union organisation (§ 75) from the staff of the plant who are electable to the race council (§ 3), in the races where the race union organisation is established, on a proposal from the member meeting of that organisation. The replacement body shall be appointed outside the cases referred to in Sections 29, 30, 5, 34, 5 and 76, 1 and

(a) in establishments in which the racing board or the racing confidant has not yet operated due to a lack of assumptions for their establishment, within 14 days of the occurrence of such assumptions;

(b) in the establishments in which the race council has ceased its activities within 14 days of the end of the activity.

(2) The replacement body shall have no more than the number of members and alternates to be replaced under the applicable rules. Unless otherwise specified, the provisions in force for the racing board (the racing confidant) shall apply mutatis mutandis.

(3) Paragraph 28 (1) applies mutatis mutandis to the replacement body, with the derogation that the promise is made within 7 days of the date of its appointment, in establishments where there is no trade union competition, in the hands of the single trade union body which appointed it.

(4) Paragraph 10 (2) (a), (b) and (d) of the Decree applies mutatis mutandis to the termination of the activity of the replacement body. Moreover, the activity of the replacement body is terminated if the racing board is established, if the racing confidant has been elected or if the replacement authority has been withdrawn. The replacement body may only be withdrawn by the single trade union body which appointed it.

Článek II.

(Paragraph 7 (3) of the Decree)

Election order.

§ 2.

Election law.

(1) The right to vote has been exercised by a Czechoslovak national,

(a) who, on the day of the announcement of the election, is employed in the establishment for a salary or salary continuously for at least one month, as in his main profession in which he is subject to public social insurance; employment in another establishment of the same undertaking shall be included within a one-month period;

(b) which, on the day of the announcement of the election, completed the 18th year of age, and

(c) for which there are no facts for which it is excluded from voting law under the Law of 21 February 1946, No 28 Coll., on the modification of permanent electoral lists.

(2) In establishments in which some or all of the employees are working regularly for only part of the year, one month's employment is not a condition for the right to vote for workers whose term of employment is so limited, provided that they have entered employment no later than the day before the entry into force or the publication of the electoral list.

(3) In medical, social and educational institutions, members of religious orders (congresses) and corporations employed in such institutions, even if they are not employed for salary or salary and are not subject to public social insurance, provided that the conditions laid down in paragraph 1 are otherwise met.

(4) The right to vote shall also be exercised by the citizens of foreign states if they are employed in the race on the day of the announcement of the election for at least one year, provided that the foreign state provides a similar right to the Czechoslovak state citizens. The Minister for Social Welfare shall notify the Order in the Official Journal (Slovakia also in the Official Journal) for which the condition is met.

§ 3.

Optional.

(1) A Czechoslovak national can be elected as a member of the race board or as an alternate, who, on the day of the announcement of the election,

(a) he shall be employed in the establishment for a salary or salary continuously for a period of one year as in his main occupation in which he is subject to public social insurance. Employment in another establishment of the same undertaking shall be included within a one-year period. If the race is not on the day of the announcement of the election in operation throughout the year, the staff employed on the day of the announcement of the election for at least 1 month shall be elected to fulfil the other assumptions,

(b) have completed the 21st year of age, or if there are representatives of adolescents under § 13, 18th year of age; and

(c) has the right to vote under Article 2.

(2) An employee is only optional in one race.

(3) Election for the next three terms of office shall cease to exist who has been deprived of the position of a member of the race board or of a race confidant, after their alternate, pursuant to § 15 (2) (a) and (b) of the Decree.

(4) A member of the racing board or alternate may be elected to the racing board in no more than three consecutive terms of office and may not receive an extraordinary individual reassignment or promotion within a period of office, or within six months of the termination of office.

(5) In establishments where all or some of the employees work regularly for only part of the year, one year's employment is not a condition of selectivity for employees whose working period is so limited. The same shall apply if there is not a sufficient number of staff available in the establishment under paragraph 1 (a).

(6) In health, social and educational institutions, members of the religious order (congregation) and corporations employed in them are also elected, even if they are not employed for salary or salary and are not subject to public social insurance, provided that the conditions laid down in paragraph 1 are otherwise met.

§ 4.

(1) Each optional employee of the race is obliged to accept the choice. However, the staff member elected may refuse the election within three days of the date of the announcement of the election result.

(a) exceed 60 years of age;

(b) if the spouse is prevented from taking care of the family in the performance of her duties,

(c) if it proves that it is unable to perform function for a serious illness or a physical defect; or

(d) where he is prevented from exercising his duties or other public functions.

(2) The election committee shall decide on the grounds of apology referred to in paragraph 1 (Article 5). If the refusal has been recognised as justified, a replacement shall be recruited as the staff member elected (§ 27 (4)).

Election committee.

§ 5.

(1) The election for the race council is managed by an election committee appointed by the competent authority of the Single Trade Union Organisation (§ 75) no later than four weeks before the end of the term of office, on a proposal from the member meeting of the staff member of the race trade union with the right to vote (§ 2).

(2) If the operation of the plant has been extended or if the plant has been newly set up and at least 20 employees are regularly employed in the plant, the Election Committee shall be appointed within four weeks from the date of the extension or establishment of the plant.

(3) If the activities of the race council have ceased before the end of the term of office, the Election Committee shall be appointed no later than four weeks after the end of the race board.

§ 6.

(1) In establishments where no more than 500 employees are employed, the Election Committee consists of four members, and five members in other establishments. A replacement shall also be appointed for each member of the Election Committee.

(2) The Election Committee shall be set up within three days from the date of its appointment, by electing the President and the minutes of the President behind the Presidency by the age of the oldest member. The Election Committee shall notify the name of the President and the recorder to the administration of the establishment and to the competent authority of the Single Trade Union Organisation (§ 75).

(3) The Election Committee shall act in force in the presence of at least four members or their alternates. The simple majority of the persons present shall decide, in the event of a tie, by the President's vote.

§ 7.

The competent authority of the Unified Trade Union Organisation (§ 75) shall notify the election committee of the administration of the plant without delay and invite it to submit to it an inventory of staff pursuant to § 10.

The election announcement.

§ 8.

(1) The choice is normally published by decree for one day, and only exceptionally where the division of work in the plant necessarily requires it, for a maximum of three days, so that at least 14 days between the date of publication and the date of the election will elapse.

(2) The election shall be held no later than four weeks after the date of appointment of the Election Committee. The choice will be issued by the competent authority of the Unified Trade Union Organisation (§ 75) by an electoral decree in the race. The choice shall be made for the time when the race is not working. In 24-hour races it is necessary to specify the time of choice in the agreement with the management of the plant.

§ 9.

(1) In the election decree it is stated:

(a) the day of election and the time of day when the vote may be cast;

(b) the place of election or the indication that the election will be made by the mobile electoral commission;

(c) the time and place in the race, depending on the size and location of the race, of several places where the candidate list and the electoral list will be posted;

(d) how many members and alternates of the race board are to be elected,

(e) an indication that the opposition to the electoral list shall be filed within eight days of the date of its unloading or hanging with the President of the Election Committee, and that no later objection shall be taken into account; and

(f) the day the decree was posted.

(2) The Election Order is signed by the competent authority of the Single Trade Union Organisation (Section 75) and by the Chairman of the Election Committee. The Election Order must be posted in the race until the end of the election in a suitable place, after several places depending on the size and location of the race, so that every voter can read it.

Election list.

§ 10.

(1) The administration of the plant is required to deliver to the President of the Election Committee a full list of staff employed in the establishment as their main occupation in which they are subject to public social insurance (§ 2) within one week of the date on which they were called upon to do so (§ 7). If a multi-room race is chosen (§ 19, paragraph 1), the administration of the race shall, on a proposal from the Election Committee for each Election Room, draw up an inventory of the staff to be selected in that room.

(2) The inventory must contain the following information on each employee:

(a) name and surname;

(b) the day, month and year of birth;

(c) details of the type and duration of employment in the establishment and the undertaking (§ 3 (1) (a);

(d) nationality and citizenship; and

(e) other facts relevant to the granting of the right to vote and to electivity, if known to the administration of the plant.

§ 11.

The Election Committee shall decide on the voting right and the selectivity of individual staff members on the basis of an inventory and, by way of a cross-check, shall exclude staff not entitled to vote. The list thus modified is the electoral list under which elections are made.

§ 12.

(1) The electoral list shall be publicly unloaded or posted at the site laid down by the electoral decree, indicating the date of its unloading or hanging and indicating the exact time until the opposition can be lodged pursuant to paragraph 2.

(2) Within eight days of the date of unloading or posting of the electoral list, any member of the staff of an establishment having the right to vote or seeking it may object to the fact that an employee is, or is not, entered on the electoral list or is wrongly identified by the President of the Election Committee.

(3) The objections referred to in paragraph 2 shall be decided definitively by the Election Committee following a conscientious inquiry; the right of complaint under Paragraph 27 (1) is not affected. The decision on objections shall be notified to the complainant no later than three days before the election date.

Candidate list.

§ 13.

The individual candidates and their ranking shall be designated by the race union organisation at its membership meeting convened by its chairman or his representative within one week of the appointment of the Election Committee. In determining the candidates and their ranking, account shall be taken of the number of members and alternates from workers and officials in proportion to their number in the race. However, if at least five employees belong to one of these groups, at least one worker or official must be designated as a candidate. If the plant is divided into several divisions, it shall be taken into account when determining the candidates to represent all departments as far as possible. It is also important to ensure that there are also women and adolescents among the candidates if there are a greater number of such employees in the race.

§ 14.

(1) The candidate list is proposed by the competent authority of the Single Trade Union Organisation (Sections 13 and 75).

(2) The candidate list signed by the applicant must be submitted to the President of the Election Committee within 14 days of the date of appointment of the Election Committee.

(3) The list shall identify the persons proposed in order of numbers and indicate their names and surnames and their employment in the establishment. The candidate list must contain as many candidates as the members of the race board are to be elected and a separate equal number of alternates.

(4) The candidate list shall be accompanied by a self-signed declaration by each candidate that they accept the candidate.

§ 15.

(1) The Election Committee shall examine the candidate list and decide on the selectivity of the candidates proposed. Excluded candidates will be removed from the list.

(2) The Election Committee shall notify the appellant of the deficiencies identified (incomplete number of candidates, lack of labelling, non-selectivity of the candidate, etc.) and return the candidate's list to him with a view to correcting it and resubmitting it within 24 hours.

§ 16.

If the candidate list has not been submitted by the applicant at all or if the returned candidate list has not been re-submitted after the removal of the defects or completion within the time limits laid down in Sections 14, 2 and 15, paragraph 2, the Election Committee shall determine an additional period of three days and shall at the same time report it to the directly superior applicant (Section 75).

§ 17.

(1) The revised candidate list, signed by the President of the Election Committee, shall be publicly displayed or posted at the site referred to in the Election Order, no later than four days before the election, with the call for any objections to be notified to the President of the Election Committee within 48 hours of landing or hanging, and the warning that later objections shall not be taken into account. Working days shall not be counted until this period. Any employee of a race having the right to vote may object (§ 2).

(2) The election committee shall decide on the objections which may be raised both because a candidate is not optional and because he has been wrongly identified. the right of complaint under Paragraph 27 (1) is not affected. The decision on objections shall be notified to the complainant no later than 24 hours before the date of the choice.

Elections.

§ 18.

(1) The preparations for elections and the choice is made so that the operation of the plant does not suffer from disturbances. The election shall take place at the time and place specified in the electoral decree. Instead of choosing, be as possible inside the race.

(2) If a choice has to be made for periods of working time, it is for staff members who have participated in the election to be entitled to a salary or salary for the period missed by the choice.

§ 19.

(1) If an election decree on the initiative of the Election Committee provides that the election is to be held in several rooms in order to speed up, the Election Committee shall draw up a special Election Commission for each additional Election Room from the staff of the race entitled to vote.

(2) If a larger number of employees are working in remote locations, a mobile election commission may be set up to manage and execute the elections.

(3) The Election Commission shall consist of four eligible voters who shall elect a chairman and a writer. The Election Commission shall act by a majority of votes, and the President shall vote on a tie.

§ 20.

(1) The Single Trade Union Organisation shall have the right to notify the Election Committee for each election room of a maximum of three confidential persons who are entitled to be present throughout the election until the result is declared.

(2) Confidentials do not have the right to intervene in electoral proceedings.

§ 21.

Only voters who are included in the electoral list have access to the ballot room outside the members of the Election Committee (Election Commission) and the confidential bodies referred to in Section 20. After the election, the staff member must leave the polling room immediately.

§ 22.

(1) The Election Committee, after the Election Commission, will examine the fate before the beginning of the election and make sure it is empty. Only opaque boxes which can be locked or sealed may be used for election purposes.

(2) Each eligible voter shall have one vote. Immediately before the election, the voter will receive a universally modified ballot card from the Election Committee (Election Commission), which in a space so separate that it cannot be observed, filled and folded, and then put it in the ballot box before the Election Committee (Election Commission).

(3) The voter shows his consent to the candidate list by crossing out on the ballot the word 'I do not agree'; If it votes against the candidate list, it shall cross out the word 'I agree' on the ballot. The ballot on which both of these words are crossed out is invalid. Other changes on the ballot shall not be taken into account and the ballot, containing another speech of will, shall be deemed to be a valid vote for the candidate list. A ballot on which neither the word 'I agree' nor 'I do not agree' is to be struck as a valid vote for the candidate list.

(4) The voting lists will be marked by the Election Committee (Election Commission) in two sets of electoral lists. The voter is obliged to prove his identity by letters or witnesses in calling on a member of the Election Committee (Election Commission).

(5) In this way, members of the Election Committee or Election Commission shall cast their votes first, then the other voters in the order in which they came to the Election Room.

(6) If the election is held for more than one day (§ 8), the Election Committee (Election Commission) will seal the election committee once the hours for the election have elapsed, so that additional ballots cannot be inserted and deposit the fate safely until the next day of the election, when the opening will open again at the beginning of the election hours.

(7) It is forbidden in any way to find out how the voter chooses.

§ 23.

(1) As soon as the entire electoral period laid down in the electoral decree expires, the electoral room shall be closed. The voters who are in the voting room at this time and have not yet voted will give their vote. After that, the President of the Election Committee, after the President of the Election Commission, shall declare the vote closed.

(2) Members of the Election Committee will remain in the Election Room, following the case of the Election Commission and confidants of the Single Trade Union Organisation. The Election Committee shall remove all ballots from the election (s), calculate them and compare the number of ballots cast with the number of voters cast by the voting list (s). The Election Committee shall then break down the ballots, rule out null and void, identify the result of the election and record it in duplicate. In doing so, any member of the Election Committee, the Election Commission and the confidants of the Unified Trade Union Organisation shall be entitled to look at the ballots.

(3) If at least 4 / 5 of the members of the staff participating in the election vote have voted in favour of the candidate list, the candidates shall be elected.

§ 24.

If the election takes place in several electoral rooms, the individual election committees shall perform the acts referred to in § 22, paragraphs 1, 2, 4 and 6 and in § 23, paragraph 1 and shall record their actions. Further proceedings shall be held by the Election Committee, to which each Election Commission shall immediately hand over the sealed, in the case of a locked electoral fate, the electoral lists and the record of the election, containing all the information provided for in § 25 (1) (b) to (g).

§ 25.

(1) The stenographer elected at the constituent meeting of the Election Committee shall write about the procedure of election. The entry must contain the following information:

(a) the names of the members of the Election Committee;

(b) the names of the members of the election committees;

(c) the names of the confidants of the single trade union organisation;

(d) when and how the choice has been declared,

(e) the time at which the choice began and ended;

(f) any resolution of the Election Committee or Election Committees with a brief statement of reasons;

(g) all relevant circumstances concerning the course of the choice; and

(h) the result of the election, indicating the number of staff entitled to vote by electoral list, the staff of the submitting ballot, the sum of the votes cast and the sum of the votes cast.

(2) The minutes (electoral records) and electoral lists must be signed by all members of the Election Committee, including the Election Commission.

(3) The minutes (electoral records), electoral lists and sealed envelopes, containing ballots, shall be kept by the Chairman of the Election Committee in case of opposition to elections. If objections have been raised, the President of the Election Committee shall forward these documents to the relevant arbitration panel (§ 12, par. 3, § 17, par. 2, § 27, par. 1). If no objections have been submitted, they shall be submitted to the newly elected chairman of the race board after the expiry of the period of objection.

§ 26.

The President of the Election Committee, or a member of the Election Committee, shall, by a decree in the race, announce the result of the election as soon as it has been established. At the same time, the competent authority of the Unified Trade Union Organisation (§ 75), the competent district office of labour protection and plant management, shall inform in writing of the outcome of the choice. If a specified majority of the votes (§ 23 (3)) have been cast for the candidate list, either the names of the selected members of the race board and their alternates have been declared and reported at the same time.

§ 27.

(1) Any staff authorised to choose, the competent authority of the Single Trade Union Organisation (§ 75), as well as the administration of the plant, may file a complaint against the choice method and its outcome within eight days of the date of the announcement of the result of the election pursuant to Article 26. The arbitration panel shall take a decision within 14 days of the date on which the complaint is lodged by a finding (Article IX).

(2) The lodging of a complaint is also to be notified to the President of the trade union, to whom a copy of the arbitration panel's finding of the complaint is also delivered.

(3) If the provisions of the Decree or of this Regulation have been infringed and the infringement may have had a significant impact on the outcome of the election, the arbitration panel shall abolish the whole or part of the electoral procedure. In this case, too, a new option will be made.

(4) The choice of a person who was not optional on the day of the election announcement or the day of the election announcement is invalid. If a member of the race board is present, he shall take the place of such a person.

§ 28.

(1) The elected members of the race board and their alternates shall, within 14 days of the date of the written announcement of the outcome of the election, and within 14 days of the date on which the final finding of the arbitration panel has become final, make a promise to the chairman of the trade union organisation that they will perform their duties impartially and conscientiously.

(2) Once the promise has been made, the race board shall be established on the same day by electing the President, Vice-President and Managing Director, after the age of the oldest member of the race board (§ 37).

(3) The Chairman of the race board shall notify the two-digit trade union organisation, the competent district office of labour protection and the management of the race in writing without delay, as well as the names of the officials.

§ 29.

(1) In the absence of a four-fifths majority of votes (§ 23, par. 3), the election committee is appointed within 14 days of the election result finding and the replacement body is appointed at the same time if it is not already set up in the establishment (§ 1). When appointing a replacement body, the competent authority shall take into account the appropriate and proportionate representation of the minority that appeared at the election.

(2) Paragraph 2 to 28 applies mutatis mutandis to the re-selection of the race board.

Choice of a racing confidante.

§ 30.

(1) Paragraph 2 to 4, § 7 to 12, § 18, § 20 and 21, § 22 with the exception of paragraphs 3, § 23 with the exception of paragraphs 3, § 25 to 27 and § 28, § 1 and 3, where the promise is to be made in the hands of the competent authority of the Single Trade Union Organisation (§ 75), apply mutatis mutandis to the choice of the race confidant unless otherwise provided.

(2) The election is managed by an election agent appointed for the election of staff authorised to choose by the competent authority of the Single Trade Union Organisation (§ 75). The Election Officer shall be appointed no later than 4 weeks before the end of the term of office, for a case of no more than 4 weeks after the end of the activity of the race confidant or the extension of the operation of the race, after the establishment of the race. The Election Officer shall have the powers which are otherwise vested in the Election Committee.

(3) The Election Officer shall submit to each voter on a machine-written or otherwise reproduced list of all members of the plant's staff who are electable. The choice is made by removing from the list the names of those who do not want the vote and putting the list so modified into the pool. If more than one name has been left uncrossed or if the voter has deleted all names or if none has been deleted, the vote shall be void.

(4) A candidate shall be elected who has received an absolute majority of the votes cast. A candidate with the lowest number of votes shall be elected as an alternate. With the same number of votes, a narrower choice shall decide.

(5) If the election result has not been established by an absolute majority of votes, an election agent and a replacement body shall be appointed within 14 days of the election result finding (§ 1). Paragraphs 1 to 4 shall apply to the new choice.

Článek III.

(Sections 8 and 10, paragraph 4 of the Decree.)

Organization of the race council.

§ 31.

(1) The number of members of the race board shall be:

s 20 až 60 zaměstnanci	3 členy,
se 61 až 150 zaměstnanci	4 členy,
se 151 až 250 zaměstnanci	5 členů,
se 251 až 350 zaměstnanci	6 členů,
s 351 až 500 zaměstnanci	7 členů,
s 501 až 700 zaměstnanci	8 členů,
s 701 až 900 zaměstnanci	9 členů,
s 901 až 1250 zaměstnanci	10 členů,
s 1251 až 1750 zaměstnanci	11 členů,
s 1751 až 2250 zaměstnanci	12 členů,
s 2251 až 2750 zaměstnanci	13 členů,
s 2751 až 3250 zaměstnanci	14 členů,
s 3251 až 3750 zaměstnanci	15 členů,
s 3751 až 4000 zaměstnanci	16 členů

and in races with more than 4000 employees, for each additional 2000 employees, for the remainder, in excess of 1000 employees, each additional member.

(2) In order to determine the number of members of the race board, the number of employees in the race on the day of the announcement of the election shall be determined.

(3) The number of alternates corresponds to the number of members of the race board. The alternates shall be called upon by the Chairman of the race board or his representative in the order of the candidate list so that the alternate belongs to the same group of employees (Section 13) as the member he represents.

§ 32.

(1) In the plants set up by the enterprise to carry out the work with complementary works (hereinafter referred to as the construction site), the race council is elected for the duration of the work, if it is expected that the completion of the work will take a longer period of 4 months. At the other construction sites it is possible to elect a race confidant according to § 30 regardless of the number of employees.

(2) If the number of employees who took part in the selection of the race board at the construction site as a result of the replacement of the labour force is reduced by at least two thirds or if the number of staff recruited after the selection of the race board reaches four fifths of the total number of employees working at the construction site, the activity of the race board will cease and the choice of the new racing board will be made.

(3) The Ministry of Social Welfare may lay down derogating provisions for the termination of a member or former member of the race board or for its transfer by unilateral measures for the management of the race to another establishment, as well as for the termination of the employment or transfer by a race confidant or former race confidant by unilateral measures for the management of the race to another establishment.

§ 33.

(1) If, for the reasons set out in Paragraph 10 (1) (a) of the Decree, the Council of the race continues to employ at least 3 employees, the chairman of the race board shall become a racing confidant and his agent shall be his alternate for the remainder of the term. If the number of employees exceeds 19 during the same parliamentary term, a new selection of the race board shall be made, except in the cases referred to in paragraph 3.

(2) If, for the reasons set out in Paragraph 10 (1) (a) of the Decree, the race board members and alternates remain temporarily suspended, or if the operation of the race has been temporarily suspended under the applicable rules, they shall remain in the employment / service relationship until the end of the term of office, provided that the race continues to use staff to work which the members of the race board or alternates may perform. Otherwise, their employment (service) relationship may be cancelled in accordance with the applicable rules of notice, which may be given not earlier than one month after the date on which the operation of the plant was restricted or stopped. Where the restriction or cessation of operation of an establishment is necessary under the applicable rules of official authorisation, the monthly period shall begin on the date on which the official authorisation to restrict or suspend the operation of the establishment was granted.

(3) If the restriction or termination of the operation of the plant is still in the same parliamentary term, members and alternates of the race council whose employment ratio has been cancelled in the meantime pursuant to paragraph 2 shall be entitled to be rehired to their initial posts. The management of the plant shall be obliged to notify the former members of the race board within 14 days that the restriction or closure has ended. Entitlement under the provisions of the first sentence shall be exercised within 14 days of the date of notification, but no later than 2 months from the date on which the restriction or termination of the operation of the establishment ended, for the management of the establishment. If the conditions for the establishment and duration of the activities of the race board are fulfilled, the current members and alternates of the race board shall perform the function of the race representative for the remainder of the term. If the race employs less than 20 employees, but at least 3 employees, the chairman of the race board shall become a race confidant for the remainder of the term and the manager shall be his alternate.

§ 34.

(1) The arbitration panel dissolves the race council by finding a proposal for a unified trade union organisation,

(a) if he or she has grossly violated his or her duties; or

(b) if at least half of the staff authorised to choose so request in writing.

(2) A complaint for dissolution of the race board referred to in paragraph 1 (a) may also be submitted by the administration of the race or by any member of the staff of the race authorised to choose. In the case referred to in paragraph 1 (b), the complaint shall be signed by at least half of the staff authorised to choose.

(3) The complaint referred to in paragraph 2 shall be submitted in writing to the competent authority of the Single Trade Union Organisation, giving reasons. The competent authority of the single trade union shall check the authenticity of the signatures, the authorisations of the applicants and the reasons for them. If it finds that there are serious reasons, it shall submit the proposal to the relevant arbitration panel within 14 days of receipt of the complaint.

(4) The arbitration panel shall decide on the proposal by a single trade union organisation within 14 days of the submission of the proposal.

(5) If the race board has been disbanded, a new election shall be held within 6 weeks of the date on which the finding of the arbitration panel became final if the remainder of the term of office is at least 3 months. Otherwise, the competent authority shall appoint a replacement body in accordance with Article 1 for the remainder of the term of office.

§ 35.

The management of the plant shall be obliged to notify the competent authority of the Single Trade Union Organisation (§ 75) of the disappearance of the race council or the cessation of its activities pursuant to § 10, paragraphs 1 and 2, points (b) to (d) of the decree, or other facts relevant to the establishment of the race council, if known, within one week of the date of the cessation of the race board or the cessation of its activity or the creation of such facts.

Článek IV.

(K § 16 of the Decree.)

Principles for negotiating the race board.

§ 36.

(1) The Racing Council shall be established by elect from among its number the President, Vice-President and Director, pursuant to Paragraph 28 (2). If he has at least four members, he will also elect a treasurer.

(2) If workers and officials are members of the race board, the chairman and vice-chairman may not belong to the same group.

§ 37.

Depending on the scope of the activity, the race board shall elect, from among its number of members, the referees for each task within its competence.

§ 38.

(1) The meetings of the race board shall normally be convened by its chairman in writing, who shall also set out their agenda and manage the negotiations. The President shall be required to convene a meeting of the race board within one week at the latest, if at least half of the members of the race board so request in writing, proposing at the same time the subject matter of the meeting which does not go beyond the competence of the race board. Regular meetings shall be held at least once a month.

Citation	Decree No. 216 / 1946 Coll., implementing certain provisions of Decree of the President of the Republic of 24 October 1945, No. 104 Coll., on racing and business councils
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	06.12.1946
Effective from	06.12.1946
Effective until	-
Status	Valid

Government Decree No. 216 / 1946 Coll.

Regulation implementing certain provisions of Decree of the President of the Republic of 24 October 1945, No. 104 Coll., on racing and business councils

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