Act No. 235 / 1948 Coll.
Law on the modification of certain ratios of members of national committees and members of their components
Valid
Effective from 22.11.1948
235.
Law
of 7 October 1948
adjusting certain ratios of members of the national committees and their constituents.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Releasing staff for the performance of their duties.
Release for participation in meetings and other official meetings.
The employer shall be obliged to provide the staff member who so requests with leave of absence for the period necessary for the staff member to attend as a member of the national committee or its constituents or other official meetings or the work entrusted to him by the national committee as a member or as a member of its component.
(1) A staff member shall be entitled to all the benefits of working (service) in respect of his employer during the period of leave provided for in Paragraph 1, as if he had worked for him during that period, if he had not missed more than 8 working hours in one calendar week, or if he had replaced the work hours he had spent in agreement with the employer. If the staff member thus replaces the working hours missed by replacement work outside normal working hours, they shall not be liable for any overtime allowances, night, Sunday and holiday work.
(2) State and other public servants, with the exception of those employed in establishments, institutes and establishments which are not primarily required to carry out administrative tasks, are entitled to all benefits, even if they have missed more than 8 working hours in one calendar week, for the period of leave provided for in Article 1; However, they shall be obliged, according to their respective forces, to replace the missed hours. Paragraph 1 shall apply mutatis mutandis.
(3) Deductions in proportion to the salary (s) for the entire period of work missed by the discharge provided for in Article 1, if permitted under paragraph 1, must be made no later than the second payment period after the staff member has been granted a leave of absence of work, otherwise the right to make a reduction shall cease.
(4) The proportion of the salary (s) determined according to hours, days or longer periods shall be calculated on the basis of the average earnings for the last preceding wage settlement (s) period.
Free leave for self-employment.
(1) Where it is necessary for a member of a national committee appointed as a referee by independent management of work to be released for the performance of his duties on a regular basis for a period exceeding 8 working hours per calendar week, the competent national committee may ask the employer to provide his staff with unpaid leave, if necessary in full or in part. The employer is obliged to comply with this request, but would prove, in proceedings under other provisions,
(a) the release of the staff member would give rise to an undertaking, institute or establishment in which the staff member is employed, or the purpose pursued by that undertaking, institute or establishment, or to public interests which are to defend the public authority for which the staff member is active, serious and irreversible; the reason for the waiver may not be invoked if it is a staff member who has been elected chairman of a local national committee in a municipality with more than 10,000 inhabitants or as chairman of a national higher-level committee (its exposition);
(b) that the employee to be released cannot vacate the apartment he is using in connection with the employment (service) ratio and that the work (service) he does cannot be carried out by another employee without a significant burden on the operation of the plant (without a significant burden on the public administration) without clearing the place for that other employee.
(2) A staff member who regularly withdraws more than 8 hours of his working time in one calendar week from his duties in the National Committee may give a full or partial unpaid leave under this law, even without a request from the National Committee, if the staff member or the competent authority so agrees (§ 5 (1)).
(3) An employee who can only be released if he vacates an apartment (paragraph 1 (b)) may be ordered as a tenant for another apartment in accordance with Paragraph 4 (2) of the Law of 28 April 1948, No 138 Coll., on the management of apartments. In determining the ranking of a tenant according to the importance of his employment or profession, with a view to the public interest, he or she shall either be regarded as having an employee's activity in the national committee as if his or her employment (profession) were justified by a more favourable order. In addition, this staff member, when ordering as a tenant without prejudice to the priority rights of other persons under the applicable rules, shall be given priority under otherwise identical conditions.
(1) An application for the release of a staff member pursuant to Article 3 shall be lodged with the employer (at the personal office of the staff member) by the national committee of which he is a member, either directly or through his superior authority. The authority directly superior to the national committee of which it is a member may, from its power, amend or withdraw such request, even if the staff member has been released in the meantime.
(2) Once the application referred to in paragraph 1 has been made, the employer (the personal office of the employee) shall, if he does not intend to propose, pursuant to Paragraph 5 (1), that the case be decided by the competent authority, immediately grant the staff member unpaid leave to the extent required (paragraph 1).
(3) If the national committee of which it is a member is at the same time a personal office of the staff member, it shall grant the staff member leave itself. However, the authority which is directly superior to this national committee may withdraw or alter the decision to grant leave.
(1) The employer (the personal office of the worker) may at any time propose to the competent authority to decide whether and to what extent he is obliged to grant his employee a free leave (§ 3 (1)) or whether and to what extent he may give his employee without his consent for unpaid leave (§ 3 (2)). Such a proposal may also be made by the staff member concerned, the national committee of which the staff member is a member and the authority directly superior to that national committee. The proposal shall be definitively decided by the authority responsible under paragraphs 2 to 5. Before the decision is taken, the employer (the personal office of the employee), the national committee of which the member is a member, must be heard, following the case of the national committee that made the proposal, and the employee to whom the leave is to be granted free of charge. In the case of a staff member whose employment relationship is regulated by a private law contract, the competent district labour protection office must also be heard, unless it is a public employee in a regulated private service relationship.
(2) Where the staff member of the State or of the staff of his or her undertaking, fund or establishment managed by him or her, the personal office of the staff member shall decide (paragraph 1):
(a) the central authority (body assimilated to it) in agreement with the Ministry of Interior;
(b) another office, in agreement with the Regional National Committee, in whose area the national committee of which it is a member and, failing that, the central office of the staff member shall be in agreement with the Ministry of Interior.
(3) If the staff member of the Union of the People's Administration or the staff of his or her institution, undertaking, fund or establishment is an employee, he shall act (paragraph 1).
(a) the competent national committee as the personal office of the staff member, if it is to be released for office in the national committee under his authority;
(b) in other cases, the authority closest together to the national committee which is the personal office of the staff member and the national committee of which he is a member.
(4) If the staff of a public-law corporation other than the State or of a union of the People's Administration are employed, the State authority to which the immediate supervision of that corporation falls shall decide (paragraph 1), where that authority is the national committee of which the member is directly its superior. If the Central Office is to take such decisions, it shall act in agreement with the Ministry of the Interior; If another office is to take such decisions, it shall act in agreement with the Regional National Committee.
(5) Where there is a staff member other than those referred to in paragraphs 2 to 4, the authority directly superior to the national committee of which he is a member shall decide (paragraph 1). This is particularly true when it comes to the staff of national undertakings or the staff of their central (regional) authorities.
Preservation of rights and rights.
The provision of leave or leave as provided for in Article 1 or Article 3 shall not be detrimental to staff members when they are appointed, when they are assigned to wage groups or when they increase the salary (s) which would have occurred if workers had not been on leave or leave, even if they are not entitled to legal treatment, provided that they otherwise fulfil all the conditions laid down. In particular, the period of such leave and the period of such leave shall be taken into account in the period applicable to the wage (salary) procedure, the entitlement and the area of the resting (provision) salaries of public servants and the entitlement and duration of the leave for recovery.
Exceptional provision.
Paragraph 1 and § 3 shall not apply to serving sub-officers (§ 19 of the Law of 19 March 1920, No 193 Coll.) and to persons engaged in military service, unless they are professional military gasists. These provisions shall not apply to professional military gayists or active members of the National Security Corps during the state's armed alert and during emergency measures.
Employee protection.
Prohibition of termination or cancellation of employment.
(1) The employer may not, in the protective period (paragraphs 3 and 4), give notice or cancel the employment relationship with an employee who is a member of a national committee or candidate or a member of a branch of a national committee.
(2) This prohibition shall not apply to cases:
(a) where, pursuant to the relevant rules, the undertaking is cancelled or its operation is stopped permanently or restricted to such an extent that the economic consequences of the employee's remaining in the employment relationship would be jeopardised by the necessary nutrition of the employer or persons legally obliged to feed;
(b) where there is an important reason for which the employer is entitled, under the relevant rules, to cancel the employment relationship prematurely; However, it shall not be considered as an important reason if the staff member is unable to work for his or her absence, even if it is renewed or lasting for a considerable period, if he or she is justified by the performance of duties arising from the membership of the staff member in the national committee or from membership of one of his or her constituents or from the staff member's candidacy for membership of the national committee;
(c) when the employment relationship is cancelled according to an authentic disciplinary (disciplinary, disciplinary) finding.
(3) The term of protection shall begin on the date on which the candidate's application for a seat as a member of the national committee (its components) was lodged and, if he was a member other than by choice on the basis of the candidate documents, or if he was called a member as an alternate, the date on which he was called for his post.
(4) The safeguard period expires,
(a) if the candidate on the list has not been elected or has not been elected, one month after the election has been announced,
(b) if a member of the national committee or of its component whose membership has expired under the relevant provisions on the basis of a denunciation of the criminal court, the date of expiry of the membership,
(c) in other cases, 3 months after the end of the term of office.
(5) The notice given by the employer prior to the conception of a protective period by the termination of the period of notice for a protective period is valid, but the period of notice shall not end until the end of the period of notice.
Translate.
(1) Staff members of the National Committee are not to be transferred (transferred, transferred) without their consent to another post in another municipality, unless there are important reasons.
(2) If the employer intends to translate (transfer, transfer) a member of the national committee who, as a member of the national committee, is working separately, without his consent to another post in another municipality, he shall be obliged to notify the national committee of which he is a member 15 days in advance and to state the reasons for the proposed transfer (transfer, transfer). The competent national committee may, within 15 days of notification, object to the proposed transfer (transfer, transfer). The opposition shall be definitively decided by the authority responsible under Article 5. Before the decision is taken, the employer (personal office of the employee), the national committee of which it is a member and the staff member to be transferred (transferred) must be heard. In the case of a staff member whose employment is regulated by a private law contract, the competent labour protection authority shall also be heard, unless it is a public employee in a regulated private service relationship.
(3) Until the time limit for objections has passed, and if they have been lodged, until a decision has been made, the staff member may not be transferred (transferred, transferred).
(4) The provisions of paragraphs 2 and 3 shall not apply in cases where the transfer (transfer, transfer) is to be made in accordance with an authentic disciplinary (disciplinary, disciplinary) finding.
(5) When deciding in accordance with paragraph 2, either account shall be taken of the damage which would have arisen to the national committee concerned and its member if the transfer (transfer, transfer) had made it impossible or significantly hampered the performance of his duties in the national committee, as well as the damage which would have arisen to the employer or the relevant economic or administrative sector had the transfer (transfer, transfer) not taken place.
(6) The provisions of paragraphs 1 to 5 do not apply to professional military gasists and active members of the National Security Corps.
Replacement.
Spare expenses.
(1) Members of the national committees and members of their constituents (alternates) are entitled to reimbursement of the actual expenses incurred by them in carrying out their duties.
(2) Reimbursement of actual expenses linked to service travel is governed by the rules on compensation of public service staff.
(3) Reimbursement of expenses connected with travel from the place of residence to the place where meetings of the national committees' bodies are held and of reasonable other expenses of the chairmen of the national committees, following the case of other officials, may be flat-rate in accordance with the directives of the Ministry of the Interior issued in agreement with the Ministry of Finance by the resolution of the national committee concerned. This resolution requires the approval of an authority which is directly superior to the national committee concerned. If this authority is the Ministry of the Interior, it grants approval in agreement with the Ministry of Finance.
Compensation for waste of time.
(1) The members of the national committees and the members of their constituents (alternates) are entitled to compensation for the material damage suffered by the loss of time associated with their participation in the meetings of the components of the national committee or other official deliberations entrusted to them by the national committee. This compensation shall be granted under directives issued by the Ministry of the Interior in agreement with the Ministry of Finance on a flat-rate basis, on which the relevant national committee shall act. Its resolution requires the approval of an authority directly superior. If this authority is the Ministry of the Interior, it grants approval in agreement with the Ministry of Finance.
(2) The entitlement referred to in paragraph 1 shall not include persons who are not employed. Reimbursement for the loss of time shall not be granted to persons who are not in employment if such loss does not cause them particularly significant damage due to their property or earnings.
Reward.
(1) The chairmen of the national committees and other members of the national committee responsible (the referees) shall be entitled to an appropriate remuneration for the performance of their duties. The amount of remuneration shall be governed by the size group to which the national committee responsible has been included (paragraph 2), the scope of the work related to the performance of the duties and its relevance.
(2) The details of the remuneration referred to in paragraph 1 shall be laid down by the Government by a regulation determining, in particular, the size groups of national committees and the upper limit of the total remuneration for each size group.
(3) The entitlement to the remuneration referred to in paragraph 1 shall be decided by the authority directly superior to that national committee on a proposal from the national committee for which the member is a member, and its amount shall be determined by the individual members. If this authority is the Ministry of the Interior, it shall act in agreement with the Ministry of Finance.
(4) The members of the National Committee to which the remuneration referred to in paragraph 1 has been awarded shall not be entitled to compensation for the loss of time referred to in Article 11.
Insurance.
Compulsory insurance.
(1) Persons who have been granted a leave of absence under Paragraph 1 to attend meetings or other official meetings or work of the National Committee or who have been granted leave under Section 3 for the independent conduct of the work of the National Committee shall, without interruption, remain required to be insured as employees and may not be cancelled from insurance.
(2) In the case of a staff member who has been granted leave in accordance with § 1 or who has been granted leave in accordance with § 3, the basis of assessment for benefits and benefits under § 20 (1) of the Act of 15 April 1948, No 99 Coll., on national insurance, the full earnings (salary, salary) which a staff member would have had if he had not been granted leave or leave.
(1) If the staff member has been granted full unpaid leave in accordance with Article 3, the national committee responsible shall be obliged to replace the employer with all the insurance premiums he has made for the staff. If only part of the unpaid leave has been granted to employees under Section 3, the competent national committee shall replace the difference between the insurance premiums paid and the insurance premiums which it would have been obliged to pay under the national insurance rules if the assessment basis under Section 13 (2) had been reduced by a proportion of the unpaid leave period.
(2) The National Committee shall reduce the part of the premium paid by the member concerned (paragraph 1) which would otherwise fall on staff under the national insurance rules.
Voluntary continuation of insurance and voluntary insurance.
(1) A member of the National Committee who has been awarded a remuneration for the performance of his or her duties (§ 12) and who, under the National Insurance Regulations, is voluntarily continuing or is voluntarily insured shall be replaced by the National Insurance Board responsible for the part of the insurance premiums up to the amount corresponding to that paid by the employer under the National Insurance Regulations for employees for whom the assessment basis under § 20, § 1 of Act No. 99 / 1948 Coll. on National Insurance is equal to the remuneration granted under § 12.
(2) Persons who will be members of the National Committee on the 30th day following the publication of this Act may apply within one month of that date for voluntary continued insurance under § § 147 and 148 of Act No. 99 / 1948 Coll. on National Insurance under the following conditions:
(a) A voluntary continuation of sickness insurance may be applied with effect from the date of the application, even after the withdrawal period, but only if the withdrawal period has not expired on the date on which the person concerned became a member of the national committee for the first time.
b) For the voluntary continuation of pension insurance (Act No. 99 / 1948 Coll.) can only be applied if the condition of § 61 of Act No. 99 / 1948 Coll. on the date on which the person concerned became a member of the National Committee for the first time was fulfilled.
Criminal provisions.
(1) Who as employer or his representative
(a) make it deliberately impossible for staff to participate in the meetings of the National Committee's College Body of which it is a member (alternate) or other official acts or works entrusted to it by the National Committee (§ 1);
(b) make it deliberately impossible or difficult for the staff member to perform the function which justified the granting of the leave referred to in Article 3; or
(c) transfer (transfer, transfer) employees in breach of § 9;
he will be punished, if not for a criminal offence, by the county national committee for administrative misdemeanour by a fine of up to 10,000 CZK. In the event of imperfections, a replacement prison sentence (lockdown) shall also be determined according to the rate of guilt within one month.
(2) The provisions of paragraph 1 do not apply to public authorities subject to disciplinary (disciplinary) powers. Where such a body is guilty as referred to in paragraph 1, it shall be prosecuted in disciplinary proceedings (disciplinary, disciplinary).
Provisions common, transitional and final.
The Administrative Commission and the District Council.
The provisions of this Act on members of national committees (members of their constituents) shall apply mutatis mutandis to members of the institutions (members of their constituents), which are established in accordance with specific provisions for the interim management of the national committees (administrative committees) and to members of the district councils (members of their constituents).
Trainees.
The provisions of this Staff Act apply mutatis mutandis to apprentices; In doing so, apprenticeship allowances shall be treated as work benefits.
Exclusion of contractual restrictions.
Rights attaching to employees under this law may not be covered by a contract of employment or a charter of provision, nor be excluded or restricted.
Reimbursement.
The costs of compensation and remuneration to members of national committees and members of their constituents, provided or paid in advance of the application of this law, as well as the costs of compensation and remuneration to members of national committees and to members of their components under Sections 10 to 12, and the costs of compensation for premiums under Sections 14, 1 and 15, paragraph 1, if not covered by a deduction from remuneration (Section 14, paragraph 2), shall be borne by the respective associations of the People's Administration.
Releasing existing officials.
Members of national committees who, on the day of the publication of this Act, have been granted leave, having regard to their duties in the National Committee, shall be deemed to have been granted unpaid leave pursuant to Article 3 (1).
Transitional provision.
As long as the regional national committees do not begin to act, their powers under this law are exercised by the regional national committees, in Slovakia mandated by the interior.
Efficiency and execution.
This Law shall take effect on the 30th day following its publication, with the exception of the provisions of Sections 8 and 9, which shall take effect on the day of its publication; It shall be implemented by the Ministers of the Interior, Social Welfare and Finance in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Nosek v. r.
Dr Dolansky v. r.
Erban v. r.
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Regulation Information
| Citation | Act No. 235 / 1948 Coll., on the adaptation of certain ratios of members of national committees and members of their components |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.10.1948 |
|---|---|
| Effective from | 22.11.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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