Decree No. 25 / 1983 Coll.
Decree of the Central Council of Trade Unions amending and supplementing the Order of the Central Council of Trade Unions No. 42 / 1975 Coll., on Dispute Settlement and Dispute Settlement by Arbitration Committees
Valid
Effective from 01.04.1983
25
DECLARATION
Central Trade Union Councils
of 10 November 1982
amending and supplementing Decree No. 42 / 1975 of the Central Council of Trade Unions on Dispute Settlement and Dispute Settlement by Arbitration Committees
In agreement with the Federal Ministry of Labour and Social Affairs, the Federal Ministry of Finance, the Ministry of Justice of the Czech Socialist Republic and the Ministry of Justice of the Slovak Socialist Republic, according to § 216 (1) of the Labour Code No. 65 / 1965 Coll., as amended:
Decree of the Central Council of Trade Unions No. 42 / 1975 Coll., on Dispute Settlement and Dispute Settlement by Arbitration Committees, is amended as follows:
1. in Paragraph 1 (1) (a), the words "from which the dispute arose" shall be deleted.
2.
(1) The Commission is established in the basic organisations of the Revolutionary Trade Union Movement of those organisational units in which there are at least 500 workers in employment and in State and cooperative trade organisations and the local economy in which there are at least 100 workers in employment. Apprenticeship and non-employment employment agreements shall not be taken into account. In the case of fewer workers, the Commission shall, with the agreement of the Regional Trade Union Council, be established if the Revolutionary Trade Union Movement (hereinafter referred to as "the Racing Committee ') is of use.
(2) The Commission may also be set up in those corporate committees of the Revolutionary Trade Union Movement which have been entrusted with the powers of the Racing Committee.
(3) In the field of education managed by district national committees, commissions are set up in the regional committees of the Union of Education and Science Workers' Association, in the field of education managed by regional national committees of the Regional Unions of Education and Science Workers' Association. '
3.
"(1) Members of the Commission in the basic organisation of the Revolutionary Trade Union Movement shall elect a member meeting or conference of this basic organisation by public vote. The members of the board of directors of the Revolutionary Trade Union Movement are elected by the conference of delegates of those fundamental organisations of the Revolutionary Trade Union Movement whose offices the commission is to be responsible for. The members of the committee set up in the field of education are elected by the plenary session of the district or regional committee of the trade union. The Commission shall have at least seven members. The number of members of the committee shall be determined by the race committee, taking into account the size and structure of the organisation, the nature, scale and issues of the organisation's activities. The number of members of the committee set up by the Revolutionary Trade Union Movement or in the field of education shall be determined by the trade union body in which the committee is established. '
4. In Article 3 (2), the first sentence is replaced by the following:
"Only a member of the Committee may be a member of the basic organization of the Revolutionary Trade Union Movement, for which the Board is responsible, who has reached the age of 18, unless he has been deprived of legal capacity or whose legal capacity has not been restricted. '
5. Article 3 (4) reads as follows:
"(4) The establishment of the Commission shall be notified without delay by the Steering Board (Enterprise Committee of the Revolutionary Trade Union Movement, Regional or Regional Committee of the Union of Education and Science Workers' Association) of the collective staff, the management of the organisation, the District Court and the Regional Trade Council responsible for the seat of the Commission. Where there is a commission set up in the company committee of the Revolutionary Trade Union Movement or in the field of education, responsible for workplaces in several counties, all district courts and district trade unions in these counties shall be notified. ';
6. In Paragraph 4 (2), the second sentence is replaced by the following:
"However, an additional choice must be made whenever the racing committee states that the number of members of the Commission shall be increased (Paragraph 3 (1)) or reduced to less than seven. '
Article 7 (4) (3) reads as follows:
"(3) A member of the commission may withdraw from office the authority which elected him."
8.
(1) The arbitration procedure shall be initiated on a proposal from a worker (former worker) or an organisation. The proceedings shall be initiated on the date of submission of the proposal to the Commission.
(2) The proposal may be used to decide in particular:
(a) the fulfilment of an obligation arising from legislation, employment relationship or infringement;
(b) abolishing the punitive measure;
(c) determining whether there is or is no employment relationship or law, or whether a legal act has been taken validly if there is an urgent legal interest in this.
(3) The application shall be made in writing or orally. The written proposal shall be submitted to the designated member of the commission, the official of the organisation responsible for the organisation in agreement with the organisation, the post office of the organisation or the official of the organisation responsible for receipt of the documents. The oral proposal shall be made in the minutes drawn up by the committee member or the member of the organisation responsible for that committee in agreement with the organisation. The written application shall be submitted on the date of its service and the oral application shall be submitted on the date of the registration. A written motion to abolish the punitive measure shall also be made by submitting it to the Post Office.
(4) The proposal must state who is making the proposal, what it is applying and against whom the proposal is directed (the defendant), as well as the facts relevant for the assessment of the proposal and how it can be demonstrated. If the proposal is incomplete, the committee shall ensure its completion. The text of the proposal shall be sent by the committee to the opponents.
(5) The application may be withdrawn or amended by the appellant in the manner referred to in paragraph 3, or during the hearing before the panel, until the panel has approved the conciliation agreement or decided on the dispute.
(6) The Commission, by its decision, will suspend the arbitration procedure
(a) If the applicant returns the application,
(b) if the senior officer who has imposed the punitive measure fully accepts the worker's proposal to abolish the punitive measure.
(7) In the decision to terminate the arbitration procedure, the panel shall also decide on the costs of the proceedings on the worker's proposal. The decision to terminate the procedure shall be drawn up in writing and served on all the parties. The parties may object to this decision (§ 13). "
9. Paragraph 6 (2) reads as follows:
"(2) In order to discuss the proposal, the committee responsible is set up in the basic organisation of the Revolutionary Trade Union Movement of the organizational unit in which it has a permanent worker who is a party to the proceedings (§ 1 (1)). The proposal may also be discussed by the committee responsible for the workplace on which the claim was established; the panel to which the application has been lodged shall discuss the dispute. In the field of education, only the committee set up pursuant to § 2 (3) is responsible for discussing the proposal."
10. in Article 7 (3) and (4), the word 'Commission' shall be replaced by 'Commission President';
11. in Article 8 (2), the first sentence is replaced by the following:
"A member of the Commission shall be excluded from participation in the proceedings where, in view of his or her relationship with the present case, the participants or their representatives may have doubts as to his or her unfairness. '
12. in Paragraph 8 (3), the second sentence is replaced by the following:
"The closer commission, their members and the chairman shall be appointed by the commission for the entire term of office; the setting up or cancelling of closer commissions or amending their composition during their term of office shall be subject to urgency only. ';
13. In Article 10, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) If the decision to examine the facts on which expertise is required depends, the panel shall, after hearing the parties, appoint an expert. The Commission shall hear the expert; may also require that the opinion be drawn up in writing. Instead of questioning the expert, the commission may, where appropriate, be satisfied with its written opinion.
(4) Participants and their representatives have the right to comment on the supporting documents, documents, expert opinions, statements of other participants and persons invited to clarify the case; may ask questions to such persons, with the agreement of the President of the Commission. ';
Paragraph 3 shall become paragraph 5.
14. Article 11, including the title, reads:
Peace
In particular, the Commission seeks to settle the dispute by conciliation. If reconciliation is reached, the Commission shall approve it if it does not oppose legislation. Approval of the Conciliation shall be declared by the President of the Commission, who shall advise that no objection to the Conciliation Approval is admissible. Within 15 days of the approval of the conciliation, the panel shall deliver to the participants, in person or by post, as a registered consignment, a copy of the minutes of the hearing, or, where appropriate, of the part thereof, in which the approved settlement is contained. The Commission shall be bound by the approved conciliation. ';
15. Article 12 (2) reads as follows:
"(2) In its decision, the Commission may only admit more than what the appellant seeks if the legislation provides for a means of settling the relationship between the parties. The decision to impose a disciplinary measure (Paragraph 81 (1) of the Code) may only be confirmed or annulled by the Commission, but it may not amend it. '
16. In Article 12 (3), the third sentence is replaced by the following:
"The written copies of the decision shall be forwarded by the panel to the participants within 15 days of the date of publication of the decision. ';
17. Paragraph 12 (4) reads as follows:
"(4) The written copy of the Commission's decision shall contain the designation of the arbitration panel, the precise names of the participants, the names of their representatives, the description of the case in question, the wording of the operative part, the statement of objections, the date and place of publication of the decision and the signature of the President of the Commission. ';
18. Paragraph 5 shall be deleted in Paragraph 12.
19. In Paragraph 13 (1), the third sentence is replaced by the following:
"If the decision does not contain a proper statement of objections, objections may be lodged within three months of notification. '
20. Paragraph 13 (2) reads as follows:
"(2) The objections shall be made in writing or orally as referred to in Article 5 (3). The time limit for the submission of objections shall also be maintained where written objections to the last day of the period (paragraph 1) are submitted for dispatch to the post office. ';
21. In Paragraph 14, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) Where the Commission has decided on several rights with a separate factual basis or on the rights of several participants, the legal power of that part of the operative part of the statement against which objections have not been raised within the prescribed period shall not be affected; This does not apply if the decision of several participants and the law shows a certain way of settling the relationship between them.
(3) The decision of the Commission against which objections are not admissible shall become final on the date of service of the written copy of the decision to the tenderers. The decision of the Commission, which shall not be delivered to the participants, shall become final on the date of its publication. ';
Paragraph 2 shall become paragraph 4.
22. Paragraph 14 shall be added to paragraph 5:
"(5) Once the matter has been approved or decided definitively, it cannot be renegotiated. '
23. In Paragraph 16, the last sentence is deleted.
24. In Article 17, the following paragraph 4 is inserted after paragraph 3:
"(4) The Commission shall decide on the proposal by a decision to be given by its chairman with a brief statement of reasons and with a statement of objections. A written copy of the decision rejecting the application shall be forwarded by the panel to the participants within 15 days of the date of publication. Paragraph 12 (4) shall apply mutatis mutandis to its content. '
Paragraph 4 shall become paragraph 5.
25. in Paragraph 18, the following paragraph 4 is inserted after paragraph 3:
"(4) The Commission shall keep a list of proposals submitted to which they shall be entered:
(a) the application for the opening of an arbitration procedure, indicating the date on which it was lodged, the name and surname (s) of the applicant and the opposing party and the brief indication of the subject-matter of the dispute;
(b) the date of publication of the decision of the Commission on the dispute (approval of the conciliation) and the date of service of its written copy (copy of the minutes of the hearing or part thereof) to the parties;
(c) objections to the decision of the panel, indicating the date on which they were lodged and the name (s) of the party (s) making those objections;
(d) an application to refer the dispute to the court if, within 30 days of the initiation of the arbitration procedure, no settlement has been approved or a decision has been given, indicating the date on which the application was lodged and the name (s) of the party making the application;
(e) the dispatch of the file to the court in the event of a failure to complete the proceedings, indicating the date of dispatch;
(f) an application for revocation of the final decision of the Commission (approval of the conciliation) submitted by a participant pursuant to Article 17, indicating the date on which the application was lodged and the name (s) of the party making the application. "
Paragraph 4 shall become paragraph 5.
Article 26 (21), including the title:
"Dissolution of the Commission
(1) The Commission will cease to exist if the basic organisation of the Revolutionary Trade Union Movement in which it was established or the institution in which it was established ceases to exist or if its term of office expires and the new commission is not elected within six months of the expiry of its term of office.
(2) The trade union body referred to in Article 3 (4) shall immediately inform the Commission of the demise of the collective staff, the management of the organisation, the district court (district courts) and the district trade union council (district trade unions) which have been informed of the setting-up of the commission. "
27.
The Commission shall draw the attention of the parties to the legal consequences of such termination at the time of its termination and shall forward the files on the end and end disputes to the Regional Trade Union Council within its jurisdiction. After the expiry of the commission, the Regional Trade Council shall, at the request of the tenderer, confirm the enforceability of the agreed settlement or final decision. ';
This Decree shall take effect on 1 April 1983.
Chairman:
Hoffmann v. r.
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Regulation Information
| Citation | Decree of the Central Council of Trade Unions No. 25 / 1983 Coll., amending and supplementing the Order of the Central Council of Trade Unions No. 42 / 1975 Coll., on Dispute Settlement and Dispute Settlement by Arbitration Committees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.03.1983 |
|---|---|
| Effective from | 01.04.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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