Act No. 292 / 2017 Coll.
Act amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended, and Act No. 262 / 2006 Coll., Labour Code, as amended
Valid
Effective from 30.09.2017
Text versions:
30.09.2017
15.09.2017
292
THE LAW
of 16 August 2017
amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended, and Act No. 262 / 2006 Coll., Labour Code, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Inland Navigation Act
Act No. 114 / 1995 Coll., on Inland Navigation, as amended by Act No. 358 / 1999 Coll., Act No. 254 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 118 / 2004 Coll., the finding of the Constitutional Court, published under Act No. 327 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 124 / 2008 Coll., Act No. 309 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 187 / 2014 Coll., Act No. 250 / 2014 Coll., and Act No. 183 / 2017 Coll., is amended as follows:
1. At the end of footnote 1, the sentence "Council Directive 2014 / 112 / EU of 19 December 2014 implementing the European Agreement on the adaptation of certain aspects of the organisation of working time in the inland waterway transport sector concluded by the European Union of Inland Navigation (EBU), the European Ship Captains Organisation (ESO) and the European Transport Workers' Federation (ETF) is added. '.
2. In Article 2, at the end of point (k), the dot is replaced by a comma and the following points (l) and (m) are added:
"(l) a water transport worker, a member of the crew of a vessel and another person carrying out dependent work on a vessel intended for the carriage of more than 12 passengers for a water transport operator;
(m) on the day of rest, a rest period of 24 hours in succession, which may be spent by an employee in a place of his own choosing. ';
3. The following Section 5b is inserted after Section 5a, including the title and footnotes No 22 and 23:
State water contribution organisation
(1) The Ministry of Transport may:
(a) construction, modernisation, repair, maintenance or management of inland waterways of transport significance;
(b) the construction, modernisation, repair, maintenance or administration of movable or immovable property used to operate a port in the Federal Republic of Germany in Hamburg which is owned by the Czech Republic or which the Czech Republic has leased for more than 10 years;
(c) the construction, upgrading, repair, maintenance or operation of ports, ports, vats or berths, or their connection to motorways, roads, national or regional railways on transport-relevant inland waterways;
(d) information support for users of transport-relevant inland waterways
to establish a state contribution organisation22). The Ministry of Transport shall also decide on changes in the data contained in the instrument of incorporation.
(2) The instrument of establishment shall contain in particular:
(a) the designation of the founder of the State Contribution Organisation;
(b) the name, registered office and identification number of the person (hereinafter referred to as "identification number") of the State contribution organisation; the name must exclude the possibility of confusion with the names of other State contribution organisations;
(c) the date, month and year of establishment of the State Contributory Organisation;
(d) determining the period for which the State contribution organisation is set up and, where appropriate, indicating that it is set up for an indefinite period;
(e) the definition of the purpose for which the State contribution organisation is established and the corresponding subject matter of the main activity; This purpose must not overlap with the activities of other bodies whose activities are the management of water- relevant watercourses (23),
(f) the definition of the assets entrusted by the Ministry of Transport to the State Aid Organisation when it is established;
(g) designation of the statutory body and definition of the basic organisational structure of the State contribution organisation;
(h) the date of issue of the instrument of incorporation;
If changes are made to those data, the Ministry of Transport shall issue an addendum to the instrument of incorporation.
(3) The Ministry may decide to divide a State contribution organisation established under paragraph 1, to merge it or to merge it with another State contribution organisation established under paragraph 1, or to amend such State contribution organisation. At the same time, it shall issue the instrument of incorporation of the emerging state contribution organisation or the supplement to the instrument of incorporation. The State contribution organisation shall cease to exist on the date laid down in the decision on its division or merger or, where appropriate, on the date set out in the decision on its merger, if another State contribution organisation is the legal successor.
(4) The Ministry of Transport may decide to abolish a State contribution organisation set up under paragraph 1. At the same time, it shall decide on how to settle the rights and obligations exercised by the State contribution organisation, including the jurisdiction to manage the State's assets, and cancel the instrument of incorporation. If they do not decide, the rights and obligations of the cancelled state contribution organisation shall be transferred to the Ministry of Transport. The State contribution organisation shall cease to exist on the date specified in the decision to revoke it.
(5) The activities carried out by a State contribution organisation pursuant to paragraph 1 (c) and (d) shall be considered as water management.
22) Act No. 219 / 2000 Coll., on the property of the Czech Republic and its appearance in legal relations, as amended.
23) Act No. 305 / 2000 Coll., on the water catchment areas. Act No. 254 / 2001 Coll., on waters and amending certain laws (Water Act), as amended. '
4. In Article 7 (5), the words "crew 'are replaced by the words" crew'.
5. In Paragraph 8a (8), the word "ships' is deleted.
6. In Article 9 (4) (b), "not exceeding 'is replaced by" is less than'.
7. In Paragraph 22 (1) (b) (1), "a 'is replaced by a comma.
8. In Article 22 (1) (b) (2), the word "vessels' is deleted.
9. In Paragraph 22 (1) (b), at the end of point 2, comma is replaced by "a 'and the following point 3 is added:
"3. The Czech hydrometeorological institute for the provision of forecast flood service under the Water Act,"
10. in Article 32c (9), the words "and the Security Information Service" shall be replaced by "the Security Information Service and the competent authority of another Member State of the European Union, of another Contracting State of the Agreement on the European Economic Area or of the Swiss Confederation operating a river information service system in that State."
11. The following Sections 36b to 36e, including the headings, are inserted after Paragraph 36a:
Staff working hours in water transport
(1) The water transport operator shall determine the working hours of the water transport worker in such a way that its duration does not exceed:
(a) 14 hours in 24 consecutive hours;
(b) 84 hours per week and on average 72 hours per week for a period not exceeding 4 months consecutive; and
(c) 2,304 hours for a period of 12 months consecutive.
(2) Where a basic employment relationship has been agreed for a period of less than 12 months consecutive, the maximum working time referred to in paragraph 1 (a) shall be agreed. (c) shall be reduced in proportion to its duration.
(3) The water transport operator shall determine the working hours of the water transport staff in such a way that their length during the night does not exceed 42 hours per week.
Rest period of an employee in water transport
(1) The water transport operator shall provide water transport staff with a rest period of at least 10 hours within 24 hours consecutive. The rest period according to the first sentence may be divided into two parts, one of which must be at least 6 hours consecutive.
(2) The continuous rest of the worker in water transport may be reduced to 6 hours in 24 hours consecutive if:
(a) the safety of the vessel, other vessels, cargo on board, the life or health of workers in water transport or other seafarers is compromised; and
(b) subsequent rest for water transport workers extended by the time of shortening of this rest.
(3) Instead of continuous rest in the week, the water transport operator shall provide a water transport worker with 1 or more days of rest depending on the number of consecutive working days immediately prior to their delivery. The water transport operator shall provide at least:
(a) 0,2 days of rest for each first to 10th consecutive working day;
(b) 0,3 days of rest for each eleven to twenty consecutive working days; and
(c) 0,4 days of rest for each twenty-first to thirty-first consecutive working day.
(4) The water transport operator shall provide the water transport staff with the corresponding number of days of rest no later than 31 consecutive working days.
(5) If the water workers are left with a proportion of the rest of the rest of the rest after the rest of the days are exhausted, the proportion of the rest shall be added up and the water workers shall be provided no later than 6 months from the date on which the right to provide the whole day of rest arose.
Records of working hours and rest periods
(1) The working time record also includes a schedule of working days and days of rest for water workers, indicating the beginning and end of each day of rest. The record of working time shall also indicate the name of the master of the vessel, the names of the vessel on which the seaman is engaged and, if applicable, its name.
(2) By the end of the month following the month in which the water transport worker worked for him, the record of working time signed by the water transport operator or the person authorised by him shall be submitted by the water transport operator. The statement of working time shall state the date of its submission to the water transport staff. A water transport worker shall confirm by signature the accuracy of the data contained in the statement of working time. If a water transport employee refuses to sign the statement, the water transport operator shall note that fact. The water transport operator shall forward to the water transport worker a copy of the extract.
(3) The water transport operator shall keep on board a record of working time for 1 year from the date of its submission by the staff member. The staff member shall keep a copy of this extract for 1 year from the date of receipt of the statement.
Relationship to the Labour Code
Unless otherwise provided for in this law, labour relations between a water transport operator and a water transport worker shall be governed by the Labour Code. ';
12. in Paragraph 48a, at the end of paragraph 2, the dot is replaced by a comma and the following point (f) is added:
"(f) the date of death; where a court decision on a declaration of death is given, the date indicated in the decision as the date of death or the date on which the data subject declared to be dead did not survive and the date on which the decision was acquired. ';
13. in Paragraph 48a, at the end of paragraph 4, the dot is replaced by a comma and the following point (f) is added:
"(f) the date of death or, where applicable, the date on which the decision of the court on the declaration of death referred to as the day of death or the day on which the alien declared dead did not survive."
14. in Annex 2 (1) (b) (2):
"2. from river km 241.4 (České Budějovice) to river km 91,5 (Třebenice), including the oral part of the water flow Malš to river km 1,6, only for vessels of up to 300 tonnes capacity."
Amendment of the Labour Code
Act No. 585 / 2006 Coll., Act No. 5 / 2011 Coll., Act No. 100 / 2011 Coll., Act No. 100 / 2011 Coll., Act No. 100 / 2011 Coll., Act No. 100 / 2011 Coll., Act No. 100 / 2011 Coll., Act No. 100 / 2011 Coll., Act No. 100 / 2011 Coll., Act No. 100 / 2011 Coll., Act No. 100 / 2011 Coll., Act No. 100 / 2011 Coll.
1. in Article 100 (1), points (f) and (g) are deleted;
2. In Paragraph 100 (1) of the final part of the provision, "(a) to (g) 'is replaced by" (a) to (e)'.
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 292 / 2017 Coll., amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended, and Act No. 262 / 2006 Coll., Labour Code, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.09.2017 |
|---|---|
| Effective from | 30.09.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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