Decree No. 23 / 1970 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on Dispute Dispute Settlement by Labour Disputes
Valid
Effective from 24.03.1970
23
DECLARATION
Federal Ministry of Labour and Social Affairs
of 10 March 1970
on the consideration of labour disputes by labour disputes commissions
The Federal Ministry of Labour and Social Affairs provides in agreement with the Ministers of Justice, the Central Council of the Czechoslovak Revolutionary Trade Union Movement, the Czech Union of Production Cooperatives and the Slovak Union of Production Cooperatives pursuant to Section 216 of the Labour Code No. 65 / 1965 Coll. as amended by Act No. 153 / 1969 Coll. (hereinafter referred to as the "Code"):
Commission for Labour Disputes
(1) In order to settle the dispute by conciliation, the Labour Dispute Board ("the Commission ') shall, on a proposal from the worker or organisation, discuss any disputes arising between the organisation and the worker concerning rights arising from the employment relationship and agreements on work outside the employment relationship, irrespective of whether the employment relationship or relationship established by the non-employment agreement still exists.
(2) Only disputes concerning the content of the employment certificate, the work reports and the proposal to abolish the punitive measure (Section 207 (2) of the Code) may be decided by the Commission if there is no reconciliation.
(3) The Commission does not discuss disputes concerning the remuneration of inventions, improvement proposals and industrial designs, disputes concerning corporate housing, sickness insurance or social security, and other disputes concerning non-labour-law claims.
(1) The Commission shall be established in organisations in which at least 100 workers are employed. In organisations with fewer staff, a committee shall be set up if the race committee so requests by the basic organisation of the trade union (hereinafter referred to as the "race committee ') or if the organisation agrees with the racing committee.
(2) Where appropriate in the interests of sound and timely discussion of labour disputes, several commissions may be set up in the organisation; the organisation, in agreement with the race committee, shall at the same time identify the workplaces for whose personnel each commission is responsible.
(1) The seat of the Commission and the number of its members shall be determined by the organisation in agreement with the racing committee; However, the committee shall have at least seven members. The members of the panel shall be elected and removed by the Assembly of Workers or by their elected representatives.
(2) The method of election shall be determined by the organisation in agreement with the racing committee; the choice can be made if an absolute majority of the workers or their elected representatives are present; the election of a member of the Commission shall require an absolute majority of the votes present. The same applies to the appeal of a member of the Commission.
(3) The proposal for a candidate list shall be prepared by the organisation in agreement with the race committee and published at the workplace before the election is carried out; other candidates may be proposed for the assembly of staff or their elected representatives.
(4) The election of members shall establish a committee. The members of the Commission shall elect from among their number the chairman of the Commission and its representative; They shall be elected by an absolute majority of all members of the Commission. The establishment of the commission shall be notified without delay by the organisation of the collective staff, the competent district court and the district trade union board.
(1) The length of the term of office of the Commission shall be determined by the organisation in agreement with the racing committee for at least two years. At least once a year, the Commission shall inform the collective of workers of the results of its work.
(2) If, during the term of office, a member of the Commission has given up his or her duties or has been revoked, the number of members of the Commission may be supplemented by an additional choice; However, the additional choice must be made whenever the number of members falls to less than seven members.
Conciliation procedure
Initiation of conciliation
(1) The conciliation procedure shall begin on the date of submission of the proposal to the Commission. The application may be made by an organisation or worker (ex-worker) either in writing or orally in writing, drawn up by an authorised member of the Commission or by an organisation authorised to do so by the commission with the agreement of the organisation.
(2) The proposal must state who is making the proposal (the applicant), what it is applying and against whom the proposal is directed (the opponent). In so doing, it is appropriate to state in the proposal and the facts relevant to its assessment and how they can be demonstrated.
(3) The proposal submitted to the Commission shall be entered in the list of proposals submitted. The record shall always indicate the date on which the application is submitted, the name and surname (s) of the applicant and the opposing party and the brief indication of the subject matter of the proceedings. A copy of the proposal shall be sent by the committee to the opponents.
(4) If the Commission is not competent to discuss the application received from it, it shall immediately ensure that it is served on the committee responsible; If doubts arise, it shall designate the competent committee of the organisation in agreement with the racing committee. Even if the application has been submitted to a non-competent commission, the claim shall be exercised on the date on which the application was submitted to that commission.
(5) If a proposal is submitted to the Commission, the committee shall immediately return it to the appellant.
(6) The appellant may withdraw its proposal in the manner referred to in paragraph 1 until the commission has approved the conciliation.
Meetings of the Commission
(1) The chair of the Commission, his representative or another member of the Committee shall determine the place and time of the meeting in such a way that the hearing shall, as a rule, end no later than 30 days after the opening of the conciliation procedure. It shall invite both parties to the hearing in due time.
(2) The period of the negotiations should be such that it does not, as far as possible, interfere with working time.
(3) The President of the Commission shall direct the negotiations. The Commission may act if an absolute majority of its members are present. The resolution in force shall require an absolute majority of the members of the committee present.
(4) A member who, having regard to his / her relationship with the present case or to the participants, may be excluded from participation in the proceedings of the Commission, may have doubts as to his / her bias. The Board shall decide whether a member of the Commission is excluded; the member whose exclusion is concerned shall not take part in the vote.
(5) The Commission may negotiate the conclusion and approval of the conciliation if both participants or their representatives are present. If the appellant does not appear without an apology to the hearing, although he has been duly invited to it, he shall be deemed to have withdrawn his proposal. If he does not arrive without an excuse to act as an opponent, even though he has been duly invited to him, he is deemed to refuse to negotiate reconciliation.
Peace
(1) When concluding a settlement, the Commission shall ensure that the participants do not suffer loss of ignorance. The President of the Commission shall read the text of the proposed conciliation and explain its scope to the participants before submitting the minutes for their signature. The Commission shall, after approval of the conciliation, deliver a copy of the minutes of the hearing, and, where appropriate, only the part thereof, containing the conciliation, the participants, and shall record the approval of the conciliation in the list of proposals submitted.
(2) If the obligation assumed by the approved conciliation has not been fulfilled within the prescribed time limit, the panel shall, at the request of the tenderer, confirm the enforceability of the approved conciliation.
Termination of conciliation
(1) If the appellant has withdrawn or rejected his or her proposal before the approval of the settled settlement or at any time after the opening of the conciliation procedure and before the approval of the closed conciliation settlement, the conciliation procedure shall end on the day on which it happened. The Commission shall immediately inform the participants thereof.
(2) If the conciliation procedure has not been concluded or approved at the time of the hearing, the conciliation procedure shall end with the Commission's resolution. The Commission shall immediately inform the participants thereof.
(3) The Commission will record the termination of the conciliation procedure in the list of proposals submitted.
Dispute proceedings concerning the content of employment certificates, work reports and proposals for the abolition of disciplinary measures
(1) The hearing in the disputes referred to in Article 207 (2) of the Code is to be attended by both parties to the dispute. If a party fails to appear at the hearing, the hearing may be held in his absence if the Commission is informed that it agrees; otherwise the panel shall postpone the hearing for a reasonable period of time.
(2) If the participant fails to attend or to hold a postponement, even if he has been duly invited to it, the hearing may also be held in his absence. The Commission continues the procedure even if the defendant refuses to participate in the hearing.
(3) Until the panel has decided on the dispute, the applicant may withdraw his application in writing or orally; in such a case, the proceedings shall end on the date on which the application is withdrawn by the applicant.
(1) The meetings of the Commission are open to all staff of the organisation. The Commission may exclude their presence where public consultation could be jeopardised by State, economic or professional secrecy or by an important interest of participants. No representative of the superior bodies and trade unions specifically authorised to take part in this hearing shall be excluded. However, the Commission must draw their attention to the criminal consequences of the breach of such secrecy. The Commission's decision on the dispute must always be published in public.
(2) The Commission will discuss the dispute on the basis of a report by its President. If necessary to clarify the matter, in particular with a view to the provision of additional documents, the commission may postpone the negotiations opened for as short a period as possible so that, even in this case, the proceedings may normally end within 30 days of the submission of the application.
Decision
(1) The Commission will evaluate the results of the deliberations carried out in a non-public consultation and decide on the dispute in the absence of the approval of the conciliation.
(2) In a dispute over the content of the employment certificate and the opinions on work activities (Section 60 (3) of the Code), the Commission may either confirm or decide how and by what time it is to be adjusted. The decision to impose a disciplinary measure (§ 81 (2) and (3) of the Code) can only be confirmed or annulled by the Commission, but cannot change it.
(3) The decision of the Commission shall be given by its President at the end of the hearing with a brief statement of reasons and a statement of the possibility of bringing a motion to the court to rule on the dispute.
(4) The written copy of the Commission's decision, signed by the President, shall be delivered by the commission itself within three days of the date of the decision to the participants or sent by post as a recommended consignment "to its own hands." The decision shall also state its reasons and the instructions on the possibility of bringing an application to the court within 15 days of service to rule on the dispute. The Commission shall record the decision and the date of service of the participants in the list of proposals submitted.
(5) If the obligation imposed by the final decision of the Commission has not been fulfilled within the prescribed time limit, the Commission shall, at the request of the tenderer, confirm its enforceability.
Submission of the dispute to the court
If, within 30 days of the submission of an application for a decision or for the approval of a closed settlement, the party has not submitted in writing or orally in the minutes to the court (Section 211 (1) of the Code), the Commission shall immediately send the application for referral and the file material of the dispute to the district court in whose district the seat of the commission is situated and inform the parties thereof. The application to refer the dispute and send the case files to the court shall be recorded in the list of proposals submitted.
Unless otherwise provided for in this Part, the provisions of Part Two shall apply mutatis mutandis to disputes concerning the content of employment certificates, work reports and proposals for the abolition of disciplinary measures.
Common provisions
Repeal of approval of the conciliation or final decision of the Commission
(1) The Commission, acting on a proposal from any party to the dispute, shall withdraw the approval of the conciliation or its final decision if exceptional circumstances have subsequently been established which it could not have used without its own fault and which justify a significantly more favourable decision in favour of it (Section 215 (1) of the Code), and shall decide again. However, if it finds that the application is unfounded, it shall reject it by its resolution.
(2) The provisions of Part Two and Part Three shall apply mutatis mutandis to the submission and discussion of the proposal by the commissions.
Minutes and other file material
(1) A minutes shall be drawn up of the proceedings of the Commission, indicating:
(a) the designation of the commission, the names and surnames of its members present at the hearing;
(b) the place, time and subject matter of the hearing;
(c) the names and surnames of the parties to the dispute and their representatives (in addition to the name of the organisation and the name of the worker acting for it),
(d) a brief description of the conduct of the hearing and the content of the statements of the participants and other persons heard,
(e) the full text of the settled settlement with the order for its approval or decision on the dispute with a brief statement of reasons and the record of the instruction of the parties;
(f) the signatures of the President of the Commission and the Registrar; If a settlement has been concluded, also the signatures of the participants.
(2) The organisation in which the commission is set up must ensure that the procedural files, in particular the list of proposals submitted and the minutes of proceedings, are properly kept for at least 10 years from the end of the proceedings.
Service
Paragraph 266a of the Code applies mutatis mutandis to the service of documents of the Commission.
Costs of the commission
(1) The organisation in which the commission is set up is required to carry out the necessary administrative work and to cover the costs incurred in a timely and free-of-charge manner, in particular for persons who have been invited to the hearing and who have not been parties to the dispute, the costs incurred by them by participating in the proceedings and the compensation for their wages, to provide the appropriate room and technical needs free of charge for the negotiations, in particular to make available, as far as possible, legal texts and professional literature.
(2) The members of the Commission who exceptionally perform their duties in working time are entitled to leave with compensation under Section 124 of the Code.
Compensation of costs
(1) If the proceedings before the panel are concluded, none of the parties to the dispute shall have the right to pay the costs unless otherwise agreed in the conciliation.
(2) If the dispute under Paragraph 207 (2) of the Code is not terminated by the approval of the conciliation procedure, the successful worker shall be entitled to the organisation's compensation for the costs effectively incurred to exercise his right, including any costs of representation and compensation of wages. If the success is only partial, it shall be entitled to compensation for a proportion of those costs; However, the Commission may grant him full reimbursement of the costs if he has failed in a relatively small part. The amount of compensation shall be determined by the Commission in the decision on the dispute.
Establishment and conduct of commissions in production cooperatives
The provisions of this Decree shall apply to the establishment and conduct of commissions in production cooperatives, with the following derogations:
(a) the powers which belong to the organisation under this Decree shall be exercised by the Board of Directors of the Cooperative Group;
(b) the length of the term of office of the commissions and the number of members thereof shall be determined by the statutes of the cooperative; However, the panel shall have at least five members,
(c) the members of the commissions shall elect and withdraw the members' meetings of the cooperative in the manner laid down in the Statutes for the election of the commissions; If the number of members of the Commission falls to less than five, an additional choice must be made,
(d) if the committee has five members, a resolution of at least three members shall be required.
Scope of trade unions in the field of education
In the field of education managed by the Regional National Committees in the Czech Socialist Republic, the regional committees of the Association of Workers of Education and Science and in the Slovak Socialist Republic the district committees of the Slovak Union of Education and Science Workers' Union of Education and Science, in the field of education managed by the Regional National Committees of the Regional Unions of Education and Science and in schools II. Cycle and special educational facilities (for tuberculosis children) in the Slovak Socialist Republic the central committee of the Slovak Union of Education and Science Workers' Union of the Slovak Republic.
The provisions of Sections 1 to 23 of Decree No. 82 / 1965 Coll., implementing certain provisions of the Labour Code, are hereby repealed.
This decree shall take effect on the day of its publication.
Minister:
Štancež v. r.
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Regulation Information
| Citation | Decree of the Federal Ministry of Labour and Social Affairs No. 23 / 1970 Coll., on the Dispute Settlement of Labour Disputes by Labour Disputes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.03.1970 |
|---|---|
| Effective from | 24.03.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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