Act No. 255 / 2005 Coll.
Act amending Act No. 2 / 1991 Coll., on Collective Negotiations, as amended
Valid
Law
Effective from 01.07.2005
Text versions:
01.07.2005
29.06.2005
255
THE LAW
of 3 May 2005
amending Act No. 2 / 1991 Coll., on collective bargaining, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 2 / 1991 Coll., on Collective Negotiations, as amended by Act No. 519 / 1991 Coll., Act No. 118 / 1995 Coll., Act No. 155 / 1995 Coll., Act No. 220 / 2000 Coll., Act No. 151 / 2002 Coll. and the Constitutional Court found under Act No. 199 / 2003 Coll., is amended as follows:
1. Paragraph 7, including footnotes 4a, 4b and 4c, reads as follows:
(1) The parties to a collective agreement of higher degree may jointly propose that a communication be published in the Collection of Laws (4a) The Ministry of Labour and Social Affairs that a collective agreement of higher degree is also binding on other employers with predominant activity in the sector identified by the Sectoral Classification of Economic Activities 4b) (hereinafter referred to as "the sector ').
(2) The Communication from the Ministry of Labour and Social Affairs referred to in paragraph 1 shall be published in the Collection of Laws if a collective agreement of a higher degree is concluded
(a) employers' organisations which employ the largest number of employees in the sector in which it is proposed to extend the commitment of a higher-level collective agreement; or
(b) by the relevant higher trade union body, which acts as the largest number of employees in the sector in which it is proposed to extend the commitment of a higher level collective agreement.
(3) Compliance with the conditions laid down in paragraph 2 shall be assessed on the last day of the quarter for which the statistical information referred to in paragraph 6 is available.
(4) The proposal to extend the commitment of a collective agreement to a higher degree (hereinafter referred to as "the proposal") must be written, signed by the Contracting Parties on the same instrument, and must include the indication of a collective agreement to a higher degree and the sector in which it is to be extended to other employers. It shall also contain:
(a) lists of employers for whom the collective agreement of a higher degree is binding and the total number of employees, lists of employers who are members of other employers' organisations in the same sector, the total number of employees and the sectoral classification codes of economic activity (4b); or
(b) the total number of employees for which the competent higher trade union body referred to in paragraph 2 (b) is acting, that is the list of employers for whom it operates through the competent trade union body, and the total number of employees for which the other competent higher trade union body is acting in the same sector, that is the list of employers for whom it operates through the competent trade union body, the number of employees and their sectoral classification of economic activity code 4b).
The Contracting Parties shall attach to the draft text of a collective agreement of a higher degree in written and electronic form.
(5) For this purpose, the employers' organisation shall communicate in writing to the Ministry of Labour and Social Affairs and to the employers' organisation operating in the same sector, at the request of the employer's list of members thereof, and the total number of their employees. For this purpose, the higher trade union must communicate in writing to the Ministry of Labour and Social Affairs and to the higher trade union body operating in the same sector, upon request, the total number of employees for which it is acting and the list of employers with whom the trade union is operating.
(6) The facts set out in paragraph 4 shall be demonstrated by the Contracting Parties by statistical information of the Czech Statistical Office on the total number of employees and written communications referred to in paragraph 5.
(7) If the proposal does not comply with the requirements laid down in paragraph 4, the Ministry of Labour and Social Affairs shall invite the Contracting Parties to remedy the deficiencies and, where appropriate, to supplement the proposal and shall set a reasonable time limit for them to do so. At the same time, they shall be advised that, if they do not remedy the deficiencies or fail to complete the proposal, it will not be possible to make the notification referred to in paragraph 1.
(8) The parties to a collective agreement of a higher degree may withdraw the application within 15 days of its receipt. The first sentence of paragraph 4 shall apply mutatis mutandis to the elements of withdrawal.
(9) If the conditions laid down in paragraph 2 are met and the proposal contains the requirements set out in paragraph 4, the Ministry of Labour and Social Affairs shall send without undue delay, but first after the deadline laid down in paragraph 8, the communication referred to in paragraph 1 to be published in the Collection of Laws. The communication shall also indicate the place where the content of a collective agreement of a higher degree can be accessed, the commitment of which extends to other employers. At the same time, the Ministry of Labour and Social Affairs will send a collective contract of higher degree in electronic form to the authorities of work4c) and publish it in a way that allows remote access. The Labour Office allows anyone who so requests to consult a higher-level collective agreement whose commitment has been extended to other employers.
(10) If the conditions laid down in paragraph 2 or the proposal do not contain the formalities laid down in paragraph 4, or if the Contracting Parties have not remedied the deficiencies of the proposal within the prescribed time limit, the Ministry of Labour and Social Affairs shall inform the Contracting Parties in writing that their proposal does not comply.
4a) § 2 (1) (e) of Act No. 309 / 1999 Coll., on the Collection of Laws and on the Collection of International Contracts.
4b) Sections 18 (1) and 19 of Act No. 89 / 1995 Coll., on the State Statistical Service, as amended by Act No. 220 / 2000 Coll. and Act No. 411 / 2000 Coll.
4c) § 8 (1) (m) of Act No. 435 / 2004 Coll., on Employment. '
2. The following Section 7a is inserted after Section 7, including footnotes 4d, 4e and 4f:
The collective agreement of a higher degree shall be binding from the first day of the month following the publication of the notice referred to in Article 7 (1) in the Collection of Laws for other employers having the predominant activity in the sector, with the exception of employers,
(a) for which an bankruptcy of 4d was declared no later than that date;
(b) which on that date employs more than 50% of natural persons with disabilities 4e),
(c) employing less than 20 employees on that date;
(d) the occurrence of an emergency (4f), the consequences of which shall continue on that date; or
(e) for which another collective agreement of a higher degree is binding.
4d) Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended.
4e) § 67 of Act No. 435 / 2004 Coll.
4f) § 2 (b) of Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended by Act No. 320 / 2002 Coll. '
This Law shall take effect on the first day of the month following its publication.
Zaoralek v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 255 / 2005 Coll., amending Act No. 2 / 1991 Coll., on Collective Negotiations, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.2005 |
|---|---|
| Effective from | 01.07.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Collective negotiations
Labour law
The regulation text is for informational purposes only.
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