Decree No. 234 / 1988 Coll.
Decree of the Federal Ministry of Labour and Social Affairs, amending and supplementing Decree No. 98 / 1985 Coll., on regulating wage resources
Valid
Effective from 01.01.1989
234
DECLARATION
Federal Ministry of Labour and Social Affairs
of 23 December 1988
amending and supplementing Decree No 98 / 1985 Coll., on the direction of wage resources
According to § 123 (1) (d) and (g) of the Labour Code No. 65 / 1965 Coll., as amended by Act No. 188 / 1988 Coll., in agreement with the Central Council of Trade Unions:
Decree of the Federal Ministry of Labour and Social Affairs No. 98 / 1985 Coll., on the direction of wage resources, is amended as follows:
1. in Article 1 (4) (a), the words "State enterprise" shall be inserted after the words "economic organisation."
2. In Paragraph 1 (6), "the Ministry of Labour and Social Affairs' is replaced by" the Ministry of Finance, Prices and Wages'.
3. In Paragraph 3 (2), point (b) is replaced by the following:
"(c) the wage compensation granted to the worker of the organisation and the amounts reimbursed to other organisations for payment of such compensation."
4. the second sentence of Paragraph 4 (2) (b) shall read as follows:
"The starting point of the determining indicator shall be the expected amount (s) for the previous year when drawing up the State and Economic Plan; if the actual amount of the determining indicator for the previous year deviates from the expected one, the organisation shall adjust the economic plan by the end of the first quarter at the latest, the starting point being the actual amount of the determining indicator for the previous year. ';
5. Article 4 (4) reads as follows:
"(4) If the standards or limits are not provided for in the State Plan, they shall be determined by the Central Authority in the Economic Plan in an agreement with the Federal Ministry of Labour and Social Affairs and the State Planning Commission and, as regards project, engineering and economic organisations of research and development bases, in an agreement with the State Commission for Scientific, Technical and Investment Development; If the central body within the competence of the Czech Socialist Republic or the Slovak Socialist Republic is in agreement with the Ministry of Finance, Prices and Wages of the Czech Socialist Republic and the Czech Commission for Planning and Scientific and Technological Development or the Ministry of Finance, Prices and Wages of the Slovak Socialist Republic and the Slovak Commission for Planning and Scientific and Technological Development (hereinafter referred to as the" competent Ministry of Finance, Prices and Wages "and the" relevant Planning Commission "). '
6.
"(4) The competent authorities shall not be required to establish a conditional indicator if the approval is given by the Federal Ministry of Labour and Social Affairs and by the State Planning Commission or by the competent Ministry of Finance, Prices and Wages and by the relevant Planning Commission, and if the project and engineering organisations and economic organisations of the research and development bases under the responsibility of the Federal Central Authorities, including the State Commission for Scientific, Technical and Investment Development. ';
7. In Article 7, paragraphs 4 and 5 are deleted.
Paragraph 6 is renumbered paragraph 4 and reads as follows:
"(4) The wage plan, which contains indicators for checking compliance with the standards and limits on wage resources, broken down by period of the year in an increasing manner, shall notify the economic and contribution organisations to the supervisory authority and the competent authority of the State Bank of the Czechoslovak or other monetary institution with which they are related (hereinafter referred to as" the Bank ') no later than 10 calendar days after the end of the period for which the check is carried out; they also notify the wage plan resulting from the amendment (Section 8).';
8. In Paragraph 8 (4), the words "and to confirm amendments to these plans' are deleted.
9. In Article 10, the words "the competent Ministry of Labour and Social Affairs' in paragraph 6 (g) and paragraph 8 (d) shall be replaced by the words" the competent Ministry of Finance, Prices and Wages' and paragraph 8 (a) shall be deleted from the words "unless such excess is covered, with the agreement of the superior authority, by the savings of the wage resources of other organisations falling within the competence of the superior authority '.
10.
Remuneration fund
(1) Economic organisations may, up to the amount of the amount by which the applicable amount of wage resources exceeds the amount of wage resources charged for the period in question to be paid into costs, create a fund of remuneration by allocation from financial resources.
(2) The Fund of Rewards is complementary to the subsidies granted under the reserve of state-owned funds or to the reserve of state-owned funds of the State Commission for Scientific, Technical and Investment Development and the relevant Planning Commission to stimulate the successful solution and implementation of the tasks of the State-owned Science and Technology Development Plan, or the breakdown reserves of senior bodies, and to transfer from the fund of remuneration of other organisations and from the fund of material export stimulation, where appropriate in accordance with the decisions of the Federal Ministry of Labour and Social Affairs from other funds.
(3) Economic organisations from the remuneration fund
(a) pay workers the share of economic results, remuneration according to wage regulations for the application of wage forms, (5) except for the special annual remuneration provided for in the work of chemical carcinogens, stabilising remuneration for the work of explosives and remuneration for the management of service vehicles (6), and equivalent performance for the pupils of vocational education in the period of professional development;
(b) pay managers the premium (remuneration) for the annual work results and the target remuneration;
(c) pay to workers, in accordance with their own decision, the premiums or part of them and to pupils of vocational training in the period of professional development, similar transactions;
(d) transfer amounts to the remuneration funds of their organisational units and to the rest of their funds;
(e) transfer amounts to other organisations where such organisations have been responsible for the results of their activities.
(4) Economic organisations participating in important construction works may transfer from the fund of remuneration to the fund of investors' remuneration the amount to be paid in cash for the development of the workers' initiative provided by the investor under the conditions laid down by the construction trade union board in agreement with those organisations.
(5) In the remuneration fund, economic organisations shall, unless otherwise specified, bind the amount needed to increase the applicable amount of wage resources [Paragraph 10 (6) (c)] in such a way as to show as little as possible that the volume is exceeded or not at all.
(6) In the remuneration fund, economic organisations need not tie the amounts which they have added to the fund under paragraph 2 and which they have not yet used. The amounts tied to the remuneration fund referred to in paragraph 5 shall be used by the economic organisations at the end of the year to supplement the financial resources.
(7) Economic organisations may use from the remuneration fund referred to in paragraphs 3 and 4 only an amount which is not tied, unless otherwise determined further (Paragraph 19a (3)). Only the amount left in the remuneration fund at 31 December of the preceding year which they did not have to use to supplement the financial resources may be used to pay the share of the economic results and the annual (remuneration) premiums of senior management for the previous year.
(8) The balance of the remuneration fund shall be transferred by the economic organisations to the following year.
(9) Budget and contribution organisations may create and use a fund of remuneration, as decided by the Federal Ministry of Labour and Social Affairs in agreement with the Federal Ministry of Finance, and shall include organisations within the competence of the central authorities of the Czech Socialist Republic or the Slovak Socialist Republic, also in agreement with the competent Ministry of Finance, Prices and Wages and with organisations within the competence of the national committees, also with the agreement of the relevant national committee. "
11. in Article 12, paragraph 1 (b), the words "and to reduce the premium and performance and similar remuneration rates referred to in paragraphs 3 to 5" shall be deleted and a comma shall be added after the words "personal evaluation."
In paragraph 2, the second sentence is deleted.
12. Paragraphs 3, 4, 5 and 6 are deleted in Paragraph 12.
Paragraph 7 shall be renumbered paragraph 3.
13. in Article 13 (2), the words in brackets "(b)" shall be replaced by "(d)" and "§ 11 (3) (a), (c) and (e) and § 11 (4) to (9)" shall be replaced by "§ 11 (3) (a), (b), (c) and (e) and § 11 (4) to (8)."
Paragraph 3 shall read as follows:
"(3) Organisational units shall pay similar benefits to the workers of the premiums or part of them from the fund and to the pupils of the vocational training courses during the period of professional development, if the production unit so decides. ';
Paragraph 4 (b) shall be deleted and paragraph (c) shall be renumbered (b).
14. In the first sentence of Article 14 (1), the words "the competent Ministry of Labour and Social Affairs and the relevant Planning Commission 'are replaced by the words" the Federal Ministry of Labour and Social Affairs and the State Planning Commission or the relevant Ministry of Finance, Prices and Wages and the relevant Planning Commission'.
In paragraph 2, the words "which are within the competence of federal central authorities' shall be inserted after the words" and the organisation of the research and development base ', the words "with the relevant Commission for Scientific, Technical and Investment Development' shall be replaced by the words" with the State Commission for Scientific, Technical and Investment Development 'and the words "the Ministry of Finance of the Czech Socialist Republic or the Ministry of Finance of the Slovak Socialist Republic (" the competent Ministry of Finance') shall be replaced by the words "the competent Ministry of Finance, Prices and Wages'.
15. In Article 15, paragraphs 1 and 2, the words "Ministry of Labour and Social Affairs of the Czech Socialist Republic and the Slovak Socialist Republic" are replaced by the words "competent Ministry of Finance, Prices and Wages."
In paragraph 3, the words "the competent Ministry of Labour and Social Affairs' are replaced by the words" the Federal Ministry of Labour and Social Affairs or the competent Ministry of Finance, Prices and Wages'.
16.
In the absence of a remuneration fund, the organisation may postpone the decision on the final amount of the premium and remuneration from the fund, but not later than the approval of the annual accounts for the year in question. ';
17. Paragraph 19 renumbered as paragraph 1, the words "the competent Ministry of Labour and Social Affairs' are replaced by the words" the Federal Ministry of Labour and Social Affairs or the competent Ministry of Finance, Prices and Wages' and the following paragraph 2 is added:
"(2) Economic organisations using a decisive indicator expressed in wholesale or purchasing prices, with the exception of an indicator expressed in road freight tariffs, shall not, in the first half of 1989, be subject to the first sentence of Section 7 (3) and in Section 10 (1) (a) of the words" the converted volume of wage resources or "and the words" if the superior authority determines the organisation's limit on such funds. "
18. The following Section 19a is inserted after Section 19:
(1) Economic organisations shall allocate the volume of wage and other personnel costs planned for 1989 without the amounts planned for the selected integration actions to each quarter so that the shares of the first and second quarters do not exceed the actual shares in the same period of 1987, adjusted for the effect of the difference in the number of days paid. The actual shares shall be calculated from the actual volume of wage and other personnel costs in 1987 and in the first and second quarters of that year, excluding the amounts charged for payment at selected integration events.
(2) For the first quarter of 1989, economic organisations shall include a quarter and a half of the deductible amount for the first half of 1989, in accordance with Paragraph 10 (8) (a) above.
(3) Economic organisations shall amend the internal wage rules for the application of wage forms for 1989 at the latest with effect from 1 April 1989 and for 1990 with effect from the beginning of this year, so that the different components of the salaries which they consider to be paid correspond to the planned amount of wage and other personal costs, if they are included in those costs, and the planned remuneration fund (Article 7 (1)), if they are granted from this fund. Where the organisation pays the remuneration and remuneration of workers from the Fund, it may not exclude technical inspection staff from their heading.
(4) In 1989, economic organisations shall also pay in respect of the remuneration fund provided for in Article 11 (3) (a) and (c) the remuneration and premiums or part of the premiums to which workers are entitled under the performance of their tasks (indicators, conditions) until 31 December 1988. If at the end of 1988 they have created a reserve in costs to pay these transactions, they may transfer the amount corresponding to the unused reserve to the remuneration fund and adjust the balance of the remuneration fund by that amount at the beginning of 1989. In order to cover these transactions, economic organisations shall also, where appropriate, use the amount to be allocated to the 1989 remuneration fund and which is bound. If they do not have a sufficient amount in the Fund at the date of payment, the Fund may exceed the remuneration.
(5) In 1989, only the amount remaining in the remuneration fund on 31 December 1988 which they did not have to use to supplement the financial resources (Paragraph 11 (6)) or to pay the remuneration and premiums (part of the premiums) of other workers may be used for the payment of the shares in economic results and annual remuneration of managers for 1988.
(6) It shall not be deemed to be justified to use the remuneration fund in cases where:
(a) authorised by this Decree;
(b) reduced creation of a remuneration fund against the previous period of the year, provided that the organisation has complied with the provisions of Article 11 of this Decree when creating and using the remuneration fund in the previous period.
(7) The competent authority may exceptionally authorise the economic organisation to allocate the volume of wage and other personal costs planned for 1989 other than those provided for in paragraph 1 if the actual volume of these costs has been significantly affected in the first and second quarters of 1987 by the failure to fulfil the tasks (indicators, conditions) and the increased morbidity due to adverse weather conditions at the beginning of the year or by the creation of reserves for the implementation of the second stage of the programme to improve the economic efficiency of the wage system in the second half of the year or, for project and engineering organisations, in the transitional extension of the period (only in 1987 and possibly 1988) for the provision of premiums. '
19. in Paragraph 20 (2), the words "(c)" shall be replaced by "(e)" in brackets.
Entitlements and obligations of organisations until 31 December 1988 shall be assessed in accordance with existing rules, unless otherwise provided for in this Decree.
1. In Article 3 (5) of Decree No. 74 / 1970 of the Federal Ministry of Labour and Social Affairs, which regulates the release, placement and physical security of workers in connection with the implementation of rationalisation and organisational measures, as amended by Decree No. 4 / 1979 Coll. in the second sentence, the words "after the end of the period in which the compensation is due."
2. The provisions of the wage regulations issued by the central authorities governing the payment of premiums and remuneration and their payment other than those laid down in this decree shall cease to apply.
This Decree shall take effect on 1 January 1989.
Deputy:
Marík v. r.
5) Paragraph 3 (7) and (8) of the Decree of the Federal Ministry of Labour and Social Affairs of 30 December 1987 No 51-37608-5116 on the strengthening of the power and responsibility of enterprises for the application of wage forms (reg. 1 / 1988 Coll.).
6) Decree of the Federal Ministry of Labour and Social Affairs of 22 December 1987 No 313-35673-5118 on the provision of special annual remuneration to workers working with chemical carcinogens (reg. 1 / 1988 Coll.). Decree of the Federal Ministry of General Engineering No 1 / 1984 on the wage advantage of workers in the production and processing of explosions (reg. 14 / 1984 Coll.). Decree of the Ministry of Industry of the Czech Republic No. 1 / 1984 - annual stabilization remuneration of workers in the production and processing of explosions. Decree of the Ministry of Industry of the SSR No 1 / 1984-E - wage advantage for workers in the production and processing of explosions. Directive of the Federal Ministry of Labour and Social Affairs of 10 August 1979 No 316-12 38 / 79- 7315 on the remuneration of workers who, in connection with the exercise of their profession, manage service road motor vehicles (reg. 25 / 1979 Coll.).
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 234 / 1988 Coll., amending and supplementing Decree No. 98 / 1985 Coll., on regulating wage resources |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1988 |
|---|---|
| Effective from | 01.01.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0