Act No 231 / 1992 Coll.
Law amending and supplementing the Labour Code and the Employment Act
Valid
Effective from 29.05.1992
231
THE LAW
of 23 April 1992
amending and supplementing the Labour Code and the Employment Act
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Act No. 65 / 1965 Coll., as amended by Act No. 88 / 1968 Coll., Act No. 153 / 1969 Coll., Act No. 100 / 1970 Coll., Act No. 20 / 1975 Coll., Act No. 72 / 1982 Coll., Act No. 111 / 1984 Coll., Act No. 22 / 1985 Coll., Act No. 52 / 1987 Coll., Act No. 98 / 1987 Coll., Act No. 188 / 1988 Coll., Act No. 3 / 1991 Coll., and Act No. 297 / 1991 Coll., is amended as follows:
1. Paragraph 37 (4) (c) shall be deleted.
Article 38 (3) reads as follows:
"(3) A job worker may be transferred to a place other than the one agreed in the employment contract only with his consent and within the organisation, provided that his operational needs are strictly required. The staff member shall be assigned the tasks of the seconded staff member, shall organise, manage and control his or her work and shall be instructed to do so by the competent staff member of the organisational unit (department) to which the staff member has been transferred. ';
3. Paragraph 38 (4) shall be deleted; paragraph 5 is renumbered paragraph 4.
4. In the first sentence of Paragraph 39, the words "or to which the possibility of such a change is restricted by this Code (Sections 37 (4) (c) and 38 (4)) are deleted."
5.
Participation of trade unions in the transfer
If, exceptionally, the organisation of the worker transfers to work other than that of the employment contract, and the worker does not agree to such a measure, the organisation may transfer it only after consulting the relevant trade union body. No consultation shall be required until the total period of transfer has exceeded 22 working days in the calendar year. ';
(6) Paragraph 42 (4) and (5) shall be added as follows:
"(4) The employment relationship ceases to be the death of the worker.
(5) In the absence of a transfer of rights and obligations from employment relationships or termination of employment, the employment relationship shall cease on the date of termination of the organisation in which the worker is employed. ';
7. In Paragraph 45 (2), the word "next 'is replaced by the word" relevant'.
8. In Paragraph 65 (2), the second and third sentences are as follows: "An organisation with a worker shall agree its further work to another job corresponding to its qualifications or to another suitable job for it. If the organisation does not have such work for the worker or the worker rejects it, the grounds for notice referred to in Article 46 (1) (c) shall be given; severance grants granted to workers in the course of organisational changes shall be granted only in the event of the termination of employment after termination of employment in connection with its abolition as a result of organisational change. ';
9. Paragraph 73 becomes paragraph 1 and the following paragraphs 2 to 5 are added:
"(2) Workers of State Administration, Courts and Procuraturs of the Czech and Slovak Federal Republic, Czech Republic and Slovak Republic, Office of the President of the Czech and Slovak Federal Republic, Office of the Federal Assembly, Office of the Czech National Council, Office of the Slovak National Council, Office of the Government of the Czech and Slovak Federal Republic, Office of the Government of the Czech Republic, Office of the Government of the Slovak Republic, State Banks of the Czechoslovak Republic, and State Funds are also required:
(a) to act and decide impartially and to refrain from carrying out any work which might jeopardise confidence in the impartiality of decision making;
(b) maintain confidentiality regarding facts which have become known in the course of employment and which cannot be disclosed to other persons in the interest of the organisation; This does not apply if they have been relieved of this obligation by the head of the organisation or by a senior officer authorised by it, unless otherwise provided for in special law 20),
(c) not to accept gifts or other benefits in connection with the employment, except those provided by the organisation in which they are employed or under legislation and collective agreements;
(d) refrain from acting which could lead to a conflict of public interest with personal interests, in particular from using information acquired in connection with the exercise of employment for the benefit of his or her own or someone else.
(3) The staff referred to in paragraph 2 may not be members of the management or control bodies of legal persons engaged in business activities; This shall not apply if they have been seconded to such an institution by the organisation in which they are employed and do not receive remuneration from the relevant legal person operating the business in connection with such membership.
(4) The staff referred to in paragraph 2 may carry on business only with the prior written consent of the organisation in which they are employed.
(5) The restriction laid down in the preceding paragraph shall not apply to the activities of scientific, educational, publicist, literary or artistic and to the management of own property. ';
10. After Paragraph 74, the following Section 75 is inserted:
Exercise of other gainful activities
(1) Workers may, in addition to their employment in an employment relationship, engage in a gainful activity identical to that of the organisation in which they are employed, only with their prior written consent.
(2) The organisation may withdraw the consent given in writing. The organisation shall state in writing the reasons for the change of its decision. The worker shall then be obliged to terminate the gainful activity without undue delay in the manner resulting from the relevant legislation.
(3) Heads of organisation and managers under its direct management may not, in addition to their employment, engage in a gainful activity identical to that of the organisation in which they are employed.
(4) The restrictions laid down in paragraphs 1 and 3 do not apply to the pursuit of scientific, pedagogical, publicistic, literary and artistic activities. "
11. in Article 82 (1), the following sentence is added: "The organisations referred to in Article 73 (2) are obliged to issue the Conditions of Employment."
12. Article 102 (3) reads as follows:
"(3) In a collective agreement, workers of organisations engaged in business activities may be allowed to extend their entitlement to leave by one week above the notice referred to in the preceding paragraphs. Workers of organisations not engaged in business activities shall be entitled to leave one week longer than the area referred to in the preceding paragraphs. ';
13. Paragraph 115 (3) reads as follows:
"(3) If a worker is transferred to work other than that agreed, because it required the deterrence of a natural event or of any other imminent accident or mitigation of their immediate consequences [Paragraph 37 (4) (b)], he shall be entitled to pay according to the work carried out, but not less than the average earnings he made before the transfer. '
14. In Paragraph 121 (1), the second sentence at the end of the dot is replaced by a comma and the following paragraph (k) is added:
"(k) improperly accepted material security for applicants for employment or an increase in employment or advance material security provided that the worker is obliged to return it on the basis of an enforceable decision under the Employment Act."
15. Paragraph 130 shall be added to paragraph 3:
"(3) If, in a written agreement with the relevant trade union, the organisation has defined serious operational reasons for which the organisation cannot allocate work to the worker, it is another obstacle to work on the part of the organisation in which 60% of the average earnings are paid to the worker. The agreement referred to in the previous sentence shall not be replaced by a decision of the organisation. ';
16. In the second sentence of Paragraph 150 (2), the words "according to the principles laid down by the Government of the Czech and Slovak Federal Republic" are deleted.
17. In the second sentence of Section 167 (2), the words "according to the principles established by the Government of the Czech and Slovak Federal Republic" are deleted.
18. The following Section 205d is inserted after Section 205c, which includes the title:
Legal liability insurance for damage
(1) Organisations employing at least one worker shall be insured in the case of their liability for accidents at work or occupational disease (hereinafter referred to as "statutory insurance") with insurance undertakings covered by the laws of national councils. This does not apply to organisations which have the legal status of a state body.
(2) The laws of the national councils shall provide for the payment of any damage caused to the insurance undertaking by the operation of statutory insurance.
(3) The Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic provide for closer conditions and rates of insurance.
(4) If, in the event of the cessation of an organisation, the rights and obligations arising from the employment relationship to another organisation are not transferred, the injured (survivor) has the right directly to the insurance undertaking to make good the damage to it to the extent that the insured organisation itself would be obliged to replace it.
(5) To the extent that the organisation is covered by statutory insurance, its obligation to negotiate contractual insurance under specific rules is no longer fulfilled. 21)
19. In Paragraph 242 (2), the dot after the first sentence is replaced by a comma and the words "or special law, as the case may be, are added."
20. Paragraph 249 is added to paragraph 4:
"(4) If organisations are destroyed in the context of conversion into another form of organisation, the rights and obligations arising from employment relationships shall be transferred in full to a newly created organisation, unless otherwise provided by the law. 22)."
21. The second sentence of Paragraph 251 reads: "However, if the liquidation is carried out when the organisation is dissolved, 23) the liquidator has this obligation; if the liquidator at the end of the liquidation does not satisfy the claims of the employees of an organisation which, under the law, has the status of a State body, the State has that obligation. ';
22. Paragraph 272 shall be added to paragraph 7:
"(7) In organisations not within the competence of sectoral central authorities, the rights and obligations arising from the provisions of Sections 74 (f), 95 (2), 105 (4), 133 (6), 150 (2) and 167 (2) shall apply mutatis mutandis to organisations with similar activities."
23. Paragraph 275 is added in paragraph 3:
"(3) For the purposes of compensation for loss of earnings (Sections 194 and 195), and in other cases where the average monthly net earnings of the worker are based on the average monthly earnings of the worker, this income shall be collected from the average monthly gross earnings by deducting the wage tax at the rate applicable to the worker in the month in which the claim for compensation arose. '
1. The transfer of a worker to another work or transfer to another place of work, which took place pursuant to the provisions of Sections 37 (4) (c) and 38 (3) and (4) of the Labour Code before the date of application of this Act without the consent of the worker, shall cease to be effective no later than 15 days from the date of application of this Act, unless the organisation agrees otherwise with the worker.
2. The worker referred to in Paragraph 73 (2) of the Labour Code, who, at the date of application of this Act, carries out business activities, shall be required to ask the organisation in writing, within 15 days of the date of application of this Act, to give its consent to carry out such activities. The organisation shall inform the worker in writing, within one month of the date of submission of this request, whether or not the consent is granted; If the worker is not given such consent or the worker has not requested consent within the time limit specified in the previous sentence, he shall be obliged, without undue delay, to terminate such activity in the manner resulting from the relevant legislation, unless he has taken a legal action to terminate the employment relationship in the organisation in which he is employed. If the organisation has not made a written statement on the worker's application within the prescribed time limit, it shall be deemed to have given its consent to such an activity.
3. The worker referred to in Paragraph 73 (2) of the Labour Code, who, at the date of the application of this Act, is a member of the managing or controlling body of a legal person engaged in business and has not been seconded to such an institution by the organisation in which he is employed, shall, without undue delay, terminate that membership in a manner resulting from the relevant legislation, unless he has taken a legal action to terminate the employment relationship in the organisation in which he is employed.
4. A worker of an organisation who, on the date of the effectiveness of this Act, carries out a gainful activity in addition to the employment relationship, which is identical to the subject of the activity of the organisation in which he is employed (Paragraph 75 (1) of the Labour Code), shall be required to request the organisation's consent in writing to carry out that activity within 15 days of the date of its effectiveness. The organisation shall inform the worker in writing, within one month of the date of submission of this request, whether or not the consent is granted; If the worker is not given such consent or the worker has not requested consent within the time limit specified in the previous sentence, he shall be obliged, without undue delay, to terminate such activity in the manner resulting from the relevant legislation, unless he has taken a legal action to terminate the employment relationship in the organisation in which he is employed. If the organisation has not made a written statement on the worker's application within the prescribed time limit, it shall be deemed to have given its consent to such an activity.
5. The head of the organisation and the managers in its direct management, who, on the date of the effectiveness of this Act, carry out, in addition to their employment, an activity which is identical to that of the organisation in which they are employed (Section 75 (3) of the Labour Code), shall, after the date of application of this Act without undue delay, cease such activity in the manner resulting from the relevant legislation, unless they have done a legal act to terminate the employment relationship in the organisation in which they are employed.
6. The contribution of workers to the partial compensation of the decline in wages according to Decree No. 347 / 1991 Coll., as amended by Decree No. 2 / 1992 Coll. and Decree No. 407 / 1991 Coll., as amended by Decree No. 36 / 1992 Coll., to which a claim arose before the effective date of this Act, is granted according to the current regulations no later than 30 June 1992. Paragraph 130 (3) of the Labour Code is not applicable for the duration of the grant.
7. Compulsory contractual insurance, which was established under special regulations before 1 January 1993, shall expire on 31 December 1992 to the extent that the organisation is covered by statutory insurance under Section 205d of the Labour Code, unless it has expired before that date.
8. According to the current provision of Section 251 of the Labour Code, the obligation to satisfy the claims of workers of the cancelled organisation in respect of claims for compensation for accidents at work or occupational diseases not covered by statutory insurance under this Act or compulsory contractual insurance under specific regulations is governed by the obligation to satisfy them.
9. In the absence of claims for compensation for accidents at work or occupational disease, Article 251 of the Labour Code provides for the obligation to satisfy the claims of workers of the cancelled organisation which arose before the date of application of the Act.
10. The provision of Paragraph 2 (4) of the Employment Act is without prejudice to the performance of work by a foreigner (a stateless person) in the territory of the Czech and Slovak Federal Republic on the basis of a commercial or other contract concluded before the effective date of that Act.
11. Paragraph 16a (2) of the Employment Act provides that the right to physical security for jobseekers is to be exercised at the earliest on the date of application of that Act.
12. The termination of working conditions arising before 1 January 1989 for a fixed period or with effect before that date for a fixed period changed in view of the assignment of a company or a service apartment, an apartment built up in a company's housing building from the company's own free funds and an apartment allocated in the state's interest shall be assessed from the effectiveness of this law in accordance with the same provisions of the Labour Code as the termination of other fixedterm employment relationships.
(1) The following shall be deleted:
1. Paragraph 4 of the Decree of the Government of the Czechoslovak Socialist Republic No. 223 / 1988 Coll., implementing the Labour Code.
2. Paragraph 16 of the Decree of the Government of the Czech and Slovak Federal Republic No. 121 / 1990 Coll., on employment relations in the private business of citizens, as amended by the Decree of the Government of the Czech and Slovak Federal Republic No. 14 / 1991 Coll.
3. Ordinance of the Government of the Czech and Slovak Federal Republic No. 406 / 1991 Coll., on the extension of leave to be recovered in organisations that do not conduct business activities.
4. Decree of the Government of the Czech Republic No 343 / 1991 Coll., extending the leave to recovered workers of organisations that do not conduct business.
5. Decree of the Government of the Slovak Republic No. 352 / 1991 Coll.
6. Decree of the Federal Ministry of Labour and Social Affairs No. 17 / 1978 Coll., on the payment of insurance premiums under insurance contracts concluded by socialist organisations.
7. Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 347 / 1991 Coll., on the security of workers of organisations who work for shorter working hours for temporary sales and financial difficulties, as amended by Decree No. 2 / 1992 Coll.
8. Decree of the Ministry of Labour and Social Affairs of the Slovak Republic No. 407 / 1991 Coll., on the security of workers of organisations working for shorter than a specified week's working time due to temporary sales and financial difficulties of organisations, as amended by Decree No. 36 / 1992 Coll.
(2) As of 1.1.1993, Sections 68 and 78 of Act No. 455 / 1991 Coll., on Business Business (Trade Act) are hereby repealed.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of the Labour Code and the Employment Act, as is apparent from the subsequent laws.
This Act shall take effect on the day of its publication. Paragraph 205d of the Labour Code takes effect on 1 January 1993.
Havel v. r.
Dubček v. r.
CHF
20) E.g. § 54 of Act No. 22 / 1992 Coll., on the State Bank of Czechoslovakia.
21) For example, § 23 (1) of the sentence behind the semicolon of Act No. 128 / 1990 Coll., on the Advocate's Office, § 19 (1) of the Second Act of the SNR No. 129 / 1991 Coll., on commercial lawyers.
22) For example, Act No. 427 / 1990 Coll., on Transfers of State ownership to certain items to other legal or natural persons, as amended.
23) For example, Act No. 513 / 1991 Coll., Commercial Code, Act No. 328 / 1991 Coll., on bankruptcy and settlement.
26) Act No. 498 / 1990 Coll., on Refugees.
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Regulation Information
| Citation | Act No. 231 / 1992 Coll., amending and supplementing the Labour Code and the Employment Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1992 |
|---|---|
| Effective from | 29.05.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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