Act No. 244 / 1948 Coll.
State Labour Policy Act
Valid
Effective from 13.11.1948
244.
Law
of 25 October 1948
state wage policy.
The National Assembly of the Czechoslovak Republic decided on the following Act:
State wage policy principles.
(1) It is for the Ministry of Social Welfare to exercise its powers in the field of wage policy in accordance with the principles laid down by the Government in the framework of the Single Economic Plan, in particular that:
(a) establish and alter wages and other services provided in connection with the employment or teaching relationship having a monetary value;
(b) establish and amend remuneration and other services provided by the entrepreneur or domestic worker and persons in a similar position;
(c) establish and change rates for the valuation of the benefits in kind for wage purposes;
(d) introduce, in general or for each field of work or race, work on the task, after the premium, and set and amended its conditions.
(2) The measures referred to in paragraph 1, which are of a general nature, shall be taken by the Ministry of Social Welfare in agreement with the central authorities involved and a unified trade union organisation and, after hearing the top economic organisations, shall be published in the Official Journal.
(3) Where there is talk of working or learning conditions in this law, this also means the ratio between a businessman or domestic worker or persons in a similar position.
Validity of the arrangements made before the law.
(1) Employers are required to submit to the Ministry of Social Welfare within two months of the date of publication of this Act for the approval of the arrangements for transactions referred to in § 1 (1) (a) to (c), which took place before the Act was effective in the framework of the contractual freedom of the parties and which have not yet been submitted to the Ministry of Social Welfare for approval.
(2) If the arrangements referred to in paragraph 1 are not submitted for approval within the time limit set therein, they shall cease to be valid. Arrangements which will be submitted in time for approval but which will be refused approval shall cease to be valid on the day on which the notice of refusal of approval is delivered to the employer.
(3) In cases where, contrary to the principle of pay, the workers' salary is guaranteed, even if they do not perform the work for which this amount has been set, the Ministry of Social Welfare is empowered to adjust the salary in accordance with the general principles of wage policy in agreement with the central authorities involved and the unified trade union organisation.
Validity of the arrangements made for the effectiveness of the law.
(1) Employers are required to submit to the Ministry of Social Welfare for approval of arrangements made for the effectiveness of this Act on one of the transactions referred to in § 1 (1) (a) to (c), unless the amount of such transactions is determined according to the wage arrangements issued under this Act (§ 1) or the applicable wage arrangements issued prior to the application of this Act (§ 19 (2) or under the provisions of the collective agreements in force. Without such approval, such arrangements shall be void from the outset.
(2) The approval referred to in paragraph 1 shall be requested within 14 days of the date on which the arrangement took place. In the period up to the agreement, the staff member shall be entitled to an appropriate advance which the employer is obliged to settle for his benefits.
If the employer does not take a decision refusing to approve an arrangement submitted for approval by the Ministry of Social Welfare pursuant to the provisions of § 2, § 1 or § 3, paragraph 1, within two months of the date on which the application for approval was submitted, the agreement shall be deemed to have been approved.
Exemption granted.
In cases justified by economic or social considerations, the Ministry of Social Welfare may authorise exemptions from the provisions of the wage arrangements issued under this Act (§ 1) or the corresponding wage adjustments issued before the application of this Act (§ 19, par. 2), or from the provisions of the collective agreements in force, provided that they govern generally the matters covered by this Act.
Invalidity of arrangements contrary to the provisions of this Act.
The provisions of this Act or of the measures taken to implement it or the provisions of the relevant wage arrangements issued prior to the application of this Act (Section 19 (2)) shall be invalid from the outset, unless otherwise provided for by the law.
(1) The place of performance under an arrangement which has expired because it was not submitted for approval by the Ministry of Social Welfare within two months of the date of publication of this Act or because its approval has been refused (§ 2 (2)), shall take effect on the basis of the wage arrangements issued under this Act (§ 1) or the corresponding wage arrangements issued prior to the date of application of this Act (§ 19 (2), following the date on which they expired.
(2) If, for the effectiveness of this Act, an arrangement on one of the transactions referred to in § 1, paragraph 1, points (a) to (c) and the amount of such transactions is not determined according to the wage arrangements issued under this Act (§ 1) or the applicable wage arrangements issued prior to the application of this Act (§ 19, paragraph 2) or otherwise they are contrary to the law (§ 6), they shall enter into the place of the payment arrangements issued under this Act (§ 1) or the relevant wage arrangements issued before the effectiveness of this Act (§ 19, paragraph 2), or from the date of entry into force of the Arrangement, if later.
(3) If none of the wage arrangements issued under this Act (§ 1) or the corresponding wage arrangements issued prior to the application of this Act (§ 19 (2)) apply to the arrangements in question, the most similar arrangements should be applied.
Disposable rewards.
(1) The validity, where applicable, of the provisions of the Regulations conferring on employees rights to one-off remuneration, such as the remuneration of Christmas and New Year's Rewards, Remuneration, Balance sheet, 13th monthly salary or whatever, is hereby cancelled. Where such one-off remuneration has so far been paid in accordance with the practice, provision of such remuneration shall be prohibited.
(2) The provisions of the Treaties, the Staff Regulations (service pragmatics) or other arrangements establishing claims for one-off remuneration referred to in paragraph 1 shall cease to apply on the date of the publication of this Law.
(3) Without prejudice to the claims for one-off remuneration granted by applicable wage decrees.
Prohibition of performance above the specified level.
Employers may not compensate employees for lost earnings or provide social benefits of any kind to a greater degree than those provided for in the relevant rules.
Employers' contributions to associations, funds and equipment for the benefit of employees.
(1) The Ministry of Social Welfare shall, in agreement with the participating central authorities and the Single Trade Organisation Directive, lay down the conditions and extent to which employers may be granted to associations, support funds or other establishments to increase the economic, social or cultural level of their employees, monetary or material contributions to which they are not required under the relevant provisions.
(2) Associations, support funds or other social facilities to which employers grant contributions pursuant to paragraph 1 may grant aid only under their own directives approved by the Ministry of Social Welfare in agreement with the Single Union Organisation or under directives issued by the Ministry of Social Welfare in agreement with the Single Union Organisation.
(3) The Ministry of Social Welfare shall publish in the Official Journal the directives it issues under the preceding paragraphs.
Supervision of wage maintenance.
(1) The staff of the Ministry of Social Welfare, the bodies entrusted with it and the staff of the labour protection authorities are entitled to enter the operating rooms of the undertakings at the time they are working. In doing so, they are obliged to ensure that the operation of the undertaking is not interrupted. They shall also be obliged to maintain the rules on the protection of the freedom of persons, home and secret of letters and to refrain from any misuse of such secrets. The obligation of confidentiality shall not cease to exist or the employment relationship shall cease.
(2) Employers and employees shall, upon request, be required to submit to the Ministry of Social Welfare, the Labour Protection Offices and persons referred to in paragraph 1, records, reports, books, documents, statistics and so on, provided that their submission is necessary to establish whether the provisions of this law and the measures taken pursuant to it are maintained in the undertaking. The authorities and authorities referred to in paragraph 1 shall be required to allow the obligation under the preceding sentence to be fulfilled in a manner which would not have suffered the operation of the undertaking.
(1) The Ministry of Social Welfare co-operates in the approval and organisation of all statistical surveys on wage ratios.
(2) The public authorities, the institutes, the interest organisations and the authorities of the nationalised industry, which carried out statistical surveys on wage ratios before the publication of this Act, are obliged, if not already so, to inform the Ministry of Social Welfare and the State Office of these results within two months of its publication, if two months of the finding of the outcome of such investigations.
In the implementation of the acts pursuant to § § 11 and 12 in undertakings important for the defence of the State, the provisions of the Act of 13 May 1936, No. 131 Coll., on the defence of the State, as amended by the regulations amending it or supplementing it, shall be respected.
General provisions.
On the principle of uniform government wage policy, the legal (wage) ratios
(a) public servants who are so far covered by specific provisions or regulations issued by them, issued on their behalf or which are adapted in accordance with the same rules;
(b) the clergy of churches and religious societies recognized by the State, after the case of the reciprocal.
The public authorities and public authorities and the public interest bodies of the employees in the establishments must, within the limits of their competence, cooperate in the implementation of this law.
The documents and official acts required solely for the purposes of proceedings under this law shall be exempt from fees and charges for official acts in administrative matters.
Criminal provisions.
(1) Proceedings and omissions contrary to the provisions of § 2, § 1, § 3, 6, 8, 9, 10, 11 or § 12, paragraph 2, or measures granted under this law shall be punishable, if not by a more severe criminal offence, by the county national committees as an administrative offence by a fine of up to 100 000 Kčs or by a prison (lock-up) within 6 months or both. At the same time, in the event of the imperfections of the fine, the district national committee shall, depending on the degree of blame, impose a replacement sentence at liberty within 6 months.
(2) Paragraph 1 does not apply to public authorities.
(3) Where the offence or omission referred to in paragraph 1 is committed in an undertaking or establishment of a legal person by a physical person who is not liable under the law or the statutes for their administration or does not effectively manage them independently, the physical person responsible for the administration of the undertaking or establishment or actually manages them shall be punished in accordance with paragraph 1 if he or she has known or neglected to care for the offence. Where a criminal offence has been committed on the basis of an administrative act of several physical persons responsible for the administration of an undertaking or establishment of a legal person or actually managing an undertaking or establishment, all persons who have declared themselves guilty of an act or omission establishing a criminal offence shall, after having known or neglected the due diligence of an offence referred to in the previous sentence, be punishable.
Transitional and final provisions.
The Government may, by regulation, transfer the powers of the Ministry of Social Welfare under § 2, § 1, § 3, § 1 and § 5 to the Labour Protection Authorities. In such a case, the rules on proceedings before those authorities shall apply.
(1) In the event of the applicability of all the provisions on matters governed by this Act, in particular the applicability of the Government Decree of 21 December 1939, No 330 Coll., on the State Administration of Labour Policy, as amended, is amended by the Amendment, the Government Decree of 7 December 1942, No 404 Coll., on ensuring the stability of wages and salaries and work ethic, on the Law of 29 October 1940, No 283 Coll. on the determination of wages (salaries) and working conditions, and the Law of 11 February 1942, No 21 Coll., on the adjustment of wages (salaries) and working conditions for the period of the State's industrial emergency.
(2) Measures taken in accordance with rules whose validity, where applicable, is cancelled in accordance with paragraph 1 remain unaffected.
This Act shall take effect on the day of its publication; It shall be carried out by the Minister for Social Welfare in agreement with participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Erban v. r.
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Regulation Information
| Citation | Act No. 244 / 1948 Coll., on State Labour Policy |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.11.1948 |
|---|---|
| Effective from | 13.11.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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