Decree No. 260 / 1948 Coll.
Declaration on the Convention between the Republic of Czechoslovakia and the Republic of Poland on Social Policy and Governance Cooperation
Valid
Effective from 01.10.1948
260.
Decree of the Minister for Foreign Affairs
of 15 November 1948
concerning the Convention between the Republic of Czechoslovakia and the Republic of Poland on cooperation in the field of social policy and governance.
The Convention on Social Policy Cooperation and Governance with the Final Protocol was negotiated in Warsaw on 5 April 1948 between the Czechoslovak Republic and the Republic of Poland.
This Convention and the Final Protocol were approved by the Government at its meeting on 13 April 1948 and were ratified on 27 July 1948 by the President of the Republic.
The replacement of instruments of ratification was carried out in Prague on 15 September 1948.
Pursuant to Article 15 of the Final Protocol, the Convention became effective on the first day of the month following the exchange of instruments of ratification, i.e. 1 October 1948.
The text of this Convention and the Final Protocol shall be published in the Annex to the Collection of Laws. *)
Dr Clementis v. r.
Annex to the Order of the Minister for Foreign Affairs of 15 November 1948, No. 260 Coll., on the Convention between the Republic of Czechoslovakia and the Republic of Poland on Social Policy and Governance Cooperation.
Convention
between the Republic of Czechoslovakia and the Republic of Poland on cooperation in the field of social policy and governance.
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NAME OF THE REPUBLIC OF CZECH
AND THE REPUBLIC OF POLAND
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THIS CONVENTION WITH THE FINAL PROTOCOL:
Convention
between the Republic of Czechoslovakia and the Republic of Poland on cooperation in the field of social policy and governance.
The President of the Czechoslovak Republic, with one party and the President of the Republic of Poland, of the other party, led by the desire to make mutual relations in the field of social policy and administration in the spirit of a treaty for friendship and mutual assistance between the Republic of Czechoslovakia and the Republic of Poland, decided to conclude the Convention to that end and appointed their agents to do so, who, having exchanged their powers of attorney and having found them in good and proper form, had agreed on the following provisions:
(1) Both countries will cooperate on all issues and on all sections of social policy and governance, in particular to deepen social progress both in their own countries and internationally.
(2) To this end, the two States will support the exchange of experience and knowledge and cooperation between competent authorities, institutions, trade unions and other organisations in the field of social policy and management.
(1) Both countries will be supported - including through the provision of material resources - by mutual visits organised by authorities, institutions, trade unions and other organisations in the field of social policy and governance.
(2) The two countries will be encouraged to take care of children, adolescents and workers, carried out by the State, trade unions, public or other organisations; also therapeutic care, especially at spa and treatment sites. To this end, both States will also be encouraged to build and develop their own and joint facilities in the territory of the other State.
(3) Both countries undertake to cooperate with each other on the tasks of international social services concerning the citizens of both states, for example, the search for missing persons, the collection of documents and reporting, the handling of individual personal and family issues, etc.
(1) Members of one State employed in the territory of another State and their families will be treated in the light of the labour law of the State in which they work as well as with their own members.
(2) The provisions of paragraph 1 shall apply to nationals of one State, employed in the territory of another State under an agreement between the competent administrative authorities of the two States in certain undertakings or sectors, unless otherwise provided for in the relevant agreement. In particular, it may be agreed in the relevant agreement that national provisions relating to forced job change or occupation will not apply to nationals of one State employed in the territory of another State in certain undertakings or sectors.
(3) Members of one State, employed in the territory of another State, shall have the same rights and obligations as their own nationals in respect of professional training, trade union membership and the use of all facilities intended for the benefit of workers.
The educational certificates, certificates and diplomas applicable to the territory of one State shall be recognised in the territory of another State for the purposes of including employees in wage or salary groups.
(1) As regards the benefits of old-age (disability) arrangements, family allowances (family insurance benefits) and other cash and natural allowances (food, clothing and heating arrangements, tariff advantages in transport, etc.), the members of the other State are treated as their own nationals.
(2) Where residence in the territory of one State is a condition for the provision of benefits in cash or in kind, residence in the territory of another State shall not be deemed to be abroad.
(3) The provisions of paragraph 2 shall also apply in respect of the recipients of public resting (provision) salaries, including those authorised under free consideration, as well as the beneficiaries of the employer's provision or improvement facilities.
(4) The authorities of the two States may, by mutual agreement, determine, within the framework of the general rules on payment, the arrangements for the payment of benefits and salaries referred to in paragraphs 1 and 3 and other allowances for cash or reasonable compensation in respect of cash in kind, as well as part of the earnings from one State in the territory of another State.
Social insurance is governed by a special convention.
(1) Members of one of the two States staying in the territory of another State shall be granted the necessary assistance and care from the State of residence if they need it, at least to the extent and under such conditions as their own citizens.
(2) Assistance and care will include either physical assistance, either medical care, placement in public institutions for medical and nursing, institutions for disabled persons, elderly persons and the like. Depending on the circumstances and the real needs, several types of assistance and care can be provided at the same time.
(1) The assistance and care provided under Article 7 will not be a reason for the second State to request reimbursement of expenses if its citizen's stay in the first State has been for at least five years.
(2) If a citizen of one State is in the territory of a State of second aid and care as referred to in Article 7 for a period of more than 1 year and his residence is not yet 5 years, including from the time when he was granted assistance or care, the State of residence may request the other State to reimburse the costs for the period during which the assistance or care was provided if it exceeds that period of one year.
(3) A five-year stay shall not be taken into account in the absence of war.
(4) The provisions of paragraphs 1 and 2 are without prejudice to the possibility of requesting compensation from the person to whom assistance or care has been provided or from persons liable for alimentation.
(1) Each of the two States will, until the period of repatriation, take care of children of young people under the age of 18 years of citizens of the other State who are present in its territory whose parents do not live, are absent or unable to provide them with appropriate care or conditions of existence. Expenditure on such assistance and care shall not be required by the other State.
(2) Each State will, in three months' time, be aware by the competent consular office of the other State of the extent of care for children or adolescents who are citizens of the other State.
(3) The competent consular authority shall decide, in agreement with the authorities or protective officers of its country, on the period of repatriation of children or adolescents to their home country.
(4) The cost of repatriation at the border of the mother state will be paid by the State of residence.
The two States shall establish a Joint Commission composed of 6 members. This committee will act as an initiative and advisory body. Its main task will be to propose measures of a fundamental nature to implement this Convention.
This Convention shall be implemented by the relevant ministers, taking into account the initiatives and proposals of the Joint Commission. The competent authorities of both States shall be aware of the measures taken to implement this Convention.
It is for the Consult of the two States, without special mandate, to act in person or by a person authorised by them on behalf of the citizens of their State on all matters arising under this Convention and relating to its implementation. The national provisions requiring representation by a lawyer or another person with knowledge of rights shall be without prejudice to this.
(1) The documents and official procedures required solely for the implementation of this Convention are exempt from fees and charges.
(2) Documents issued in connection with the implementation of this Convention are not subject to the legalisation of diplomatic or consular posts.
The liaison connected with the implementation of this Convention shall be conducted immediately between the competent authorities and the institutions.
(1) This Convention shall be ratified as soon as possible. The instruments of ratification will be exchanged in Prague without delay after ratification. The Convention shall enter into force on the first day of the month following the exchange of instruments of ratification.
(2) Each of the two States may denounce this Convention at least six months in advance at the end of the calendar year.
Done in duplicate, each in the Czech and Polish languages; both texts are considered authentic.
On the conscience of the agents, they signed this treaty and sealed it with their seals.
In Warsaw on 5 April 1948.
E. ERBAN L. S.
K. RUSINEK L. S.
Final protocol.
When signing the Convention between the Republic of Czechoslovakia and the Republic of Poland on cooperation in the field of social policy and governance, both Parties agreed on the following:
I.
Article 2 (2).
Each State shall provide nationals of the other State with the same rehabilitation and medical care as it provides to its own nationals. Both countries will use recovery and treatment care with mutual exchange actions to bring both nations closer together. In spa and recovery centres, the necessary seats will be reserved for members of the second state. Both countries will be encouraged to build their own facilities for recovery and treatment, as well as joint facilities of this kind.
II.
Article 3 (1).
Labour legislation means legislation on planning and management of work, on contract of employment, on working time and holidays, on wages and salaries, on the protection of life and health, including the protection of young people and women, as well as on ensuring labour performance and discipline.
III.
Article 8 (3).
The period of time spent in the territory which, after the end of World War II, became the territory of either of the two Contracting States, is counted until 5 years.
IV.
Article 10.
The Joint Commission will consist of a three-member delegation appointed by the Czechoslovak Government and a three-member delegation appointed by the Polish Government. A representative of trade union organisations shall be appointed as one of the members of the delegation of each State.
The Joint Commission shall meet as necessary, at least once a year, alternately in the Czechoslovak Republic and in the Republic of Poland. The President of the meeting of the Joint Commission shall be the chairman of the delegation of the State in whose territory the meeting is to be held.
The representatives of one State and the other may be recruited by advisers for meetings of the Joint Commission. The Joint Commission may set up subcommittees from among its members or from other persons, each State being represented by the same number of members. The chairmen of such subcommittees will be appointed by the Czechoslovak Minister for Social Welfare, if they will sit in Czechoslovakia, and the Polish Minister for Labour and Social Welfare, if they will sit in Poland.
The Joint Commission shall act in accordance with the Rules of Procedure on which it shall act.
V.
Article 11.
In the Czechoslovak Republic, the Minister of Social Welfare and the Polish Minister of Labour and Social Welfare are primarily responsible for the implementation of this Convention.
VI.
Article 13.
Travel documents shall not be deemed to be necessary solely for the implementation of this Convention.
This Final Protocol shall form an integral part of the Convention between the Republic of Czechoslovakia and the Republic of Poland on cooperation in the field of social policy and governance and shall be drawn up in duplicate, each in the Czech and Polish languages; both texts are considered authentic.
In Warsaw on 5 April 1948.
E. ERBAN L. S.
K. RUSINEK L. S.
INDIVIDUAL CONVENTION WITH THE FINAL PROTOCOL OF APPROVAL AND CONFIRMING THEM.
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PRESIDENT OF THE REPUBLIC OF CZECH REPUBLIC:
GOTTWALD v. r.
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Dr V. CLOMENTIS v. r.
On page 19.
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Regulation Information
| Citation | Decree No. 260 / 1948 Coll., on the Convention between the Republic of Czechoslovakia and the Republic of Poland on Social Policy and Governance Cooperation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.12.1948 |
|---|---|
| Effective from | 01.10.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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