Act No. 248 / 1946 Coll.
Law on the regulation of holiday law
Valid
Effective from 01.01.1947
248.
Law
of 20 December 1946
on the adjustment of the holiday rights.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The public holidays are: New Year (January 1), St. Three Kings (January 6), Good Friday, Monday Easter, Ascension of the Lord, Month of the Holy Body, St. Apostle of Peter and Paul (June 29), Assumption of the Virgin Mary (August 15), All Saints (November 1), Immaculate Conception of the Virgin Mary (December 8), The Holy Ghost (December 25) and the Second Christmas Day (December 26)
The commemorative days of the Czechoslovak Republic are: 7th March according to the Act of 7 March 1946, No. 52 Coll. (birthday of President of the Liberator T. G. Masaryk), 1st May (Labor Day), 5th July (St. Cyril and Methodius), 6th July (Master Jan Husi), 28th September (Prince of St. Wenceslas) and 28th October as a public holiday according to the Act of 14 October 1919, No. 555 Coll.
(1) The provisions on Sundays apply to statestically recognised holidays and memorable days of the Czechoslovak Republic (§ § 1 and § 2).
(2) The Regional National Committees shall take measures, according to local circumstances, towards a dignified external celebration on 28 October.
(3) As long as the economic interests of the state so require and the end of which the government provides for by regulation, the provisions on Sundays do not apply to these statestically recognised holidays and memorable days of the Czechoslovak Republic, if applicable on a weekday basis: the Holy Three Kings, Good Friday, the Ascension of the Lord, the Body of God, the Apostle of Peter and Paul, the Assumption of the Virgin Mary, the Immaculate Conception of the Virgin Mary, 7 March and 28 September. The church ceremonies of the holidays and the memorable days listed in the previous sentence - if they exceed the range of ceremonies on weekdays - are translated into the following or previous Sunday. If this is not possible, employees are allowed to attend church ceremonies and celebrations in accordance with their religion.
(4) If the economic interests of the State so allow, the Government may, even before the end of the period referred to in paragraph 3, first sentence, provide that, for certain holidays (commemorative days) - including for individual areas of the State - the provisions on Sundays apply.
(5) If the economic interests of the State so require, the Government may, at the time referred to in paragraph 3, first sentence, determine by a resolution for a given year that the Sunday clause does not apply to a State-recognised holiday or memorial day not covered by paragraph 3. For such a holiday (a memorable day), the government will also determine a replacement day for which the provisions on public holidays and memorial days apply.
(6) For undertakings whose uninterrupted operation is necessary in the public interest, the Ministry responsible in substance may, in agreement with the ministries of the Interior and Social Welfare, provide for derogations from the provisions of paragraph 1 by administrative measures; closer arrangements may be reserved for the competent lower authorities (authorities).
(1) If any of the days referred to in paragraphs 1 and 2 are different from Sunday, it shall be for staff members who are therefore not working on that day and who are not entitled to pay or pay on that day, compensation for lost earnings.
(2) Where the wage or salary of employees is not fixed according to hours, days or longer periods, the average earnings for the last wage period shall be taken as the basis for calculating the compensation referred to in paragraph 1.
(3) Employees who, without an adequate excuse, have missed a working shift (or part thereof) immediately preceding or following the day on which they are entitled under paragraph 1 shall not be compensated for the loss of earnings provided for in this provision.
(4) Compensation for the loss of earnings referred to in paragraph 1 shall also not be granted to staff members who, without sufficient cause or apology, have missed their working shift (or part of it), held in the framework of the applicable rules on some of the days referred to in paragraphs 1 and 2, if they fall on a different day than on Sunday.
(1) Domestic workers and their counterparts to domestic traders and domestic workers shall be entitled, for each day referred to in Sections 1 and 2, to 1% of the remuneration obtained in the last immediately preceding 4 calendar months.
(2) The remuneration for work shall be understood as gross remuneration without payment for the final issue.
(3) Domestic workers shall be obliged to reimburse domestic workers for the amounts they have paid to domestic workers and to them equal to those established by domestic traders in accordance with paragraph 1.
(1) Where the work referred to in Sections 1 and 2 on a given day is not due to Sunday, the staff member shall be entitled, for each working hour, to the actual earnings achieved, plus a special allowance equal to:
(a) for a staff member working at the time of pay, his actual hourly wage;
(b) in the case of a staff member working in a task or a premium system, the average hourly earnings he has made during the last completed wage settlement period;
(c) for a staff member with a monthly salary of 1 / 200 of his gross monthly salary.
(2) The provisions of valid wage (salary) decrees, current collective agreements or other arrangements concerning the amount of the allowance for work on holiday days (working days), if they contravene the provisions of paragraph 1, are deleted.
(3) If the time spent is longer than the time actually worked by the staff member on the day in question, he shall receive, in addition to the remuneration for the time worked referred to in paragraph 1, compensation for the loss of earnings for the remaining part of the time wasted, calculated in accordance with § 4.
(4
(5) The provisions of paragraphs 1 to 4 shall not apply to staff members who, because they have worked on a holiday (memorial day), are granted a replacement day. They shall be compensated for such a spare day in accordance with the provisions of Paragraph 4.
Paragraph 4 to 6 shall not apply to days for which, pursuant to the provisions of § 3, paragraph 3, the sentence of the first or the Government's resolution made within the meaning of § 3, paragraph 5, the sentence of the first does not apply to Sunday.
Paragraph 4 to 7 applies to private and public employees.
(1) They are repealed, unless otherwise provided for in this Act, all provisions which contravene the provisions of this Act, in particular the Act of 3 April 1925, No. 65 Coll., on the holidays and memorial days of the Czechoslovak Republic.
(2) The applicability of the Government Decree of 9 March 1939, No 63 Coll., supplementing and amending the Law of 3 April 1925, No 65 Coll., on Holidays and Monuments, is hereby revoked.
(3) Paragraph 11 of the Act of 23 April 1925, No 96 Coll., on the mutual proportions of religion, remains unaffected.
This Law shall take effect on 1 January 1947; It shall be implemented by the Home Affairs and Social Welfare Ministers in agreement with other participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Nosek v. r.
Dr. Unedible v. r.
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Regulation Information
| Citation | Act No. 248 / 1946 Coll., on the adaptation of the holiday right |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1946 |
|---|---|
| Effective from | 01.01.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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