Government Decree No. 23 / 1945 Coll.
Regulation on paid leave for employees in 1945
Valid
Effective from 12.07.1945
23.
Government Regulation
of 26 June 1945
on paid leave for employees in 1945.
The Government of the Czechoslovak Republic orders, with the consent of the President of the Republic pursuant to § 138, paragraph 1 of the Act of 13 May 1936, No 131 Coll., on the defence of the State:
(1) Staff members are entitled in 1945 to paid leave in the following area:
1. to employees aged 18:
(a) three calendar weeks if they work in mining underground or if they work in particularly harmful conditions of health;
(b) two calendar weeks where they are employed other than those referred to in (a);
2. employees under 18 years of age three calendar weeks.
(2) The amount of leave provided for in paragraph 1, No 1, shall be increased by one calendar week if the staff members are:
(a) who have worked in the same field (in the same group of professions) for at least five years;
(b) or who have reached 50 years.
(3) Work under particularly harmful conditions means work where workers are increasingly exposed to heat, toxic substances (e.g. lead and its compounds, phosphorus, mercury, arsenic, manganese, benzole and its homologues, nitro and amidocompounds of aromatic series, sulphuric acid, hydrogen sulphide, carbon monoxide, hydrogen cyanide and its derivatives, chromium compounds), dust (Thomas' slag, silica dust, iron or asbestos), or are regularly employed by lighting roentgen and radio beams, with infectious material, gas and electrical arc or working with pneumatic drills, rivets and other devices.
(4) In doubt, if the work is particularly harmful under health conditions, the competent trade inspector shall decide after the case by an official doctor.
(5) The period of leave referred to in paragraphs 1 and 2 is determined on 1 May 1945.
(6) A staff member may, after two months of continuous employment in the same undertaking (with the same employer), apply for a proportional leave (§ 4 (3)).
The waiting period shall be met for staff under 18 years of age if the working (teaching) ratio in the same undertaking (for the same employer) is at least three months.
(1) Staff who were imprisoned for political reasons during the German occupation and returned or returned in 1945, as well as staff who participated in the national resistance and were injured in the fight against the armed uprising of the Czech people, are entitled, in addition to a proper annual leave (§ 1), to an additional paid leave of at least two calendar weeks and to a one-off allowance of one week's salary. If such an employee has joined a new employer, the new employer is obliged to release him for this holiday.
(2) To make their request, their last employer will provide them with a longer paid leave, if their health is necessarily required until they are recovered, but for a maximum period of six weeks. The need for such leave shall be determined by the official doctor of the repatriation department of the Ministry of Labour and Social Welfare or by the official doctor of the competent county office of Labour Protection.
(3) The last employer shall be the employer with whom the employee was employed immediately before the arrest, following the case immediately prior to participation in the armed uprising of the Czech people.
(4) If the establishment or is no longer an employer against which a staff member may claim paid leave under paragraphs 1 to 3, he shall provide him with adequate compensation from the Ministry of Labour and Social Welfare's repatriation department.
(1) If the employment is terminated with due notice before the staff member takes up his leave, he shall be entitled to compensation for his leave in cash.
(2) If the employment relationship was terminated by giving notice before the waiting period, the staff member is entitled to compensation in cash for a proportion of the leave if he was employed in the same undertaking (with the same employer) for at least two months at all times.
(3) The proportion of the leave shall be determined by granting, for each job started in the calendar month, one twelve-month leave, which the staff member would have been entitled under Paragraph 1 if he had fulfilled the waiting period.
(4) Reimbursement of leave in cash is not the responsibility of a staff member to be dismissed from work for important reasons which the staff member has caused and which entitle the employer, in accordance with the rules in force, to terminate employment without notice or, failing that, to take up employment without reason.
In seasonal, transitional and similar employment, in particular in the building business and in secondary construction business, the staff member shall be entitled to one twelve-month leave for each completed month of employment, which would be due to him under Paragraph 1. At the place of leave, compensation may be paid in cash if the staff member agrees.
Persons working at home shall be entitled to compensation of 5% of the total remuneration, net of the final allowance, which was achieved between 1 May 1944 and 30 April 1945. If they have not been fully employed throughout that period, the compensation shall be calculated from the remuneration obtained between 1 May 1943 and 30 April 1944.
The schedule of vacations is determined by the management of the race (employer) in agreement with the race committee (race board) or by a confidant.
In agricultural primary production plants requiring continuous operation, the entry of the holiday may be postponed until 31 January 1946.
(1) The employer who has acted against the provisions of this Regulation will be prosecuted pursuant to the provisions of Section 6 of the Decree of 4 June 1945, No 13 Coll., on the provisional construction of labour protection offices.
(2) In the case of an employer subject to the General Law of the Upper, criminal proceedings shall be carried out by the administrative mining regional authorities.
(1) The provisions of the legislation on paid leave, unless contrary to this Regulation, remain unaffected.
(2) The provisions and arrangements on leave for employees remain more favourable.
(3) This provision of leave shall not apply to the employment conditions of the employees of the State and of the associations of interest and territorial self-government, their institutes, undertakings and funds, as well as the institutions, undertakings and funds managed by them, the pay ratios of which are governed by special laws or regulations pursuant to § 210, paragraph 1 of the Law of 24 June 1926, No 103 Coll., or by the equivalent of those rules, and to the employees of the Landesmonetary institutions.
(4) This Regulation shall enter into force on the day of its publication and shall apply in the Czech countries; they shall be carried out by the Minister for Labour and Social Welfare in agreement with the ministers involved.
Fierlinger v. r.
Ursines v. r.
Gottwald v. r.
Broad v. r.
David v. r.
Gen. Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr. Unedible v. r.
Dr Stránská v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Hala v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.
Majer v. r.
Dr Clementis v. r.
Lt-Gen Ferjenčík v. r.
Lichner v. r.
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Regulation Information
| Citation | Government Decree No. 23 / 1945 Coll., on paid leave for employees in 1945 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.07.1945 |
|---|---|
| Effective from | 12.07.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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