Act No. 3 / 1954 Coll.
Law on paid leave for recovery in 1954
Valid
Effective from 01.01.1954
3.
Law
of 20 January 1954
on paid leave for recovery in 1954.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Permanent staff leave.
Vacation entitlement.
(1) Staff members whose employment with the same employer or in the same undertaking has lasted continuously for at least 11 months (waiting period) shall be entitled for the year 1954 (for the next "calendar year") to paid leave for the recovery if they have worked there for at least 75 days.
(2) For a staff member who has successfully completed a visit to the school and entered into employment, the waiting period is 5 months. The waiting period of 5 months also applies to women who, although exempted from the obligation of employment under Decree No. 88 / 1945 Coll., on general employment obligations, entered into employment.
(3) Graduates of State Employment Advances who work in enterprises designated by the Ministry of Labour (Section 4 (3) of Act No. 110 / 1951 Coll., on State Advances) are counted until the waiting period referred to in paragraph 1.
(4) The termination of employment for less than 6 weeks, with the consent of the employer, builds but does not interrupt the waiting period, but only if the employee was not employed by another employer at that time.
Duration of vacation.
(1) The basic area of leave is 2 calendar weeks in a calendar year.
(2) The basic period of leave is extended by one calendar week to staff members
(a) under 18 years of age,
(b) more than 50 years of age, unless the leave is extended in accordance with (c) or (3);
(c) who, having reached the age of 18, have been in employment with the same employer or in the same undertaking, for more than 5 years after the same branch or group of professions.
(3) The leave referred to in paragraph 1 shall be extended by 2 calendar weeks to staff members who, after reaching 18 years of age, have been in employment with the same employer or undertaking, after the same branch or group of professions, for more than 15 years.
(4) Where the length of leave depends on the employee's age or the length of employment, the status shall be determined on 1 August of the calendar year.
(1) Mineral workers who have worked immediately before or part of a holiday takes place for at least 6 months under the ground, the leave is extended by a further calendar week (hereinafter referred to as "additional leave"), provided that they have worked the whole calendar year under the ground. otherwise, only a proportion of this additional leave is due to them after 6 months of underground work (Section 9 (6)).
(2) The additional leave shall also be extended to workers in mining obtained by the organised recruitment of labour and the participants in mining work who have committed to at least one year's work in mining and have completed 12 months of underground work during the calendar year, unless they have already chosen another calendar week of leave in 1953. A proportion of the additional leave shall be payable to such staff members if they have completed 6 months of underground work during the calendar year.
(3) A miner (paragraph 1) may choose additional leave if he has worked at least 6 months under the ground immediately prior to or part of the leave; However, if he does not work underground by the end of the calendar year, he shall be obliged to repay the benefits paid to him for a proportion of the additional leave for which he has not been entitled.
(1) Until the period applicable to the extension of the leave referred to in paragraphs 2 (2) and 2 (3) is taken into account, the period during which the staff member could not be employed because he served in the Czechoslovak army or in the Allied Army and the period during which he could not be employed for national, racial or political oppression during the period of imprisonment. The Central Council of Trade Unions, in agreement with the ministries of National Defence and Interior, may, in particularly justified cases, determine whether and to what extent it can be counted against the period applicable to the extension of the holiday service in other military or military departments.
(2) The period of apprenticeship in the schools of the state employment advances (Act No. 110 / 1951 Coll.) and in similar educational establishments shall be counted against the period applicable to the extension of leave pursuant to § 2 (2) and (3) and § 3.
Vacation restrictions.
(1) If the staff member was unable to carry out work in a calendar year for more than 75 working days for an important cause relating to his or her person who was not intentionally or negligently caused, in particular for sickness, accident or military service, his or her leave shall be reduced by one twelfth for each additional 25 working days missed.
(2) For each working day (shift) missed by the staff member without an important cause (paragraph 1), the employer is obliged to reduce his leave by 2 days. If the employee misses the working days following the exhaustion of leave, the employer is obliged to reduce his leave in the same way next year. The missing working hours, which are shorter than the whole working day, are added together.
(3) In the case of staff obliged to visit a racing apprenticeship school, the missed teaching at that school has the same consequences as the missed working hours.
(4) The employer shall deduct from the leave a proportion of the leave (Paragraph 9 (5)) already granted by another employer to the employee during the calendar year or for which he has been compensated in cash.
(5) The reduction provided for in paragraphs 2 and 3 shall be carried out by the employer (Paragraph 16 (2)) after the employee's hearing and after consultation with the competent authority of the trade union.
A holiday experience.
(1) Staff members shall, during the period of leave, bear all the cash benefits as if they had worked, except for compensation for the expenses. In doing so, the average weekly earnings in the six months preceding the start of the holiday shall be taken as a basis for the calculation of cash benefits for a variable-benefit employee, and in the last 12 months, in the case of workers in agriculture, forestry, construction and construction sectors. The Central Board of Trade Unions may, in agreement with the participating central authorities, provide for a different method of calculating variable cash benefits due during the period of leave in an official document.
(2) During the period of leave, staff members shall also benefit in kind if they can enjoy them. For food and other natural enjoyment except for flat, light and heating, if he cannot enjoy such enjoyment, he is entitled to compensation in cash. The amount of this refund shall be determined in accordance with the rules issued for national insurance purposes.
(3) Cash benefits and compensation in kind for the period of leave are due on normal paydays. However, if the staff member so requests, these benefits must be paid when the leave is taken. In doing so, however, the payroll tax is deducted according to normal pay periods.
Vacation.
(1) The employer shall determine the entry of the holiday, taking into account the national economic development plan, after consulting the competent authority of the trade union. In doing so, it shall take into account, within the limits of the operational needs of the plant, the legitimate requirements of the staff. If possible, next-door leave shall be provided at the same time as the main job. The employer shall, as a general rule, notify the staff member of the date of entry of leave at least 14 days in advance.
(2) A staff member may take leave once he has fulfilled the waiting period condition (§ 1 (1) and (2)); However, if he does not complete at least 75 days by the end of the calendar year, he shall be obliged to repay the benefits paid to him during the period of leave.
(3) Staff members may also be granted leave or part thereof for a calendar year after its expiry if they are unable to use it due to the urgent need for the operation of the plant or for any of the reasons referred to in Section 5 (1). However, in such cases, the staff member must take leave in such a way that it ends no later than 31 March next year; otherwise the right to leave is forfeited without prejudice to any claim for a cash refund for the unpaid leave (§ 11).
(4) If, after taking up leave, a staff member has been accepted as unable to receive treatment in a hospital or in another medical institution, has been ordered to be isolated or has been recognised as unfit for injury in a voluntary brigade, in the performance of civil duties or in assistance provided at the request of public authorities, he shall be suspended leave. A vacation worker also interrupts labor.
Mass racing vacation.
(1) Special consent in agreement with the relevant Union of Unified Trade Union Organisation shall be required for collective racing leave by the competent central authority, where authorised by it. Consent may be given only if a mass race holiday is necessary for operational reasons and is compatible with the general interest, in particular if it does not jeopardise or make it difficult to achieve the national economic development plan in an equal manner. A mass race holiday shall not last more than 14 days.
(2) If a mass race holiday is granted in a race, workers who, at the time of such a holiday, are not entitled to leave at all or who are entitled to leave shorter than a mass race holiday are entitled to all the benefits provided for in § 6, even if they cannot be adequately employed for the duration of a mass race holiday. If these staff members become entitled to leave or to longer leave in the calendar year, they shall be credited with the period of mass racing leave during which they were paid and did not work. Otherwise, these employees are required to perform free replacement work on the employer's orders for a period equal to the working time for which they received benefits under the provisions of the first sentence at the time of mass racing leave.
The effect of termination of employment on vacation.
(1) If the employment relationship was terminated prematurely by an employee without an important reason or by an employer for an important reason caused by an employee before the start of the holiday and before the end of the calendar year, the employee loses his entitlement to leave.
(2) If the employment relationship after the exhaustion of the leave but before the end of the calendar year has been terminated prematurely by an employee without an important reason or by an employer for an important reason caused by an employee, the employer shall require the staff member to repay the benefits paid for the leave, in the case of part of it that the staff member has exhausted before the termination of the employment. The employer is entitled to deduct the corresponding amount on the last payment of the employee benefits.
(3) In other cases of termination of employment before the entry into force of leave, the staff member shall be entitled to a proportion thereof, provided that the conditions for entitlement to it are fulfilled; the provisions on restrictions of leave apply.
(4) For days missed by a staff member without an important cause (Sections 5 (2) and (3)) after exhaustion of leave in a calendar year but before termination of employment, the employer is obliged to require the staff member to pay twice the cash benefits for one day of leave. The provisions of paragraph 2 of the last sentence shall apply mutatis mutandis.
(5) In other cases of termination of employment after exhaustion of leave but before the end of the calendar year, the employer shall be entitled to require the staff member to repay the benefits paid for the proportional part of the leave for the remainder of the year, except in cases referred to in Article 12 (1). The provisions of paragraph 2 of the last sentence shall apply mutatis mutandis.
(6) The proportion of leave shall be determined by granting one twelve-month leave for each month of the period of employment in the calendar year.
(7) The employer shall issue a certificate to the staff member at the end of the period of employment stating how many working days the staff member has chosen from his leave, for how many days he has received a cash refund for the unpaid leave.
Farm and forest workers who do not work continuously.
Workers of agricultural and forestry workers who do not work on a continuous basis shall be entitled to leave in accordance with the provisions of Section 2 if they have worked with the same employer or in the same undertaking for more than 150 days in a calendar year; otherwise they shall have a proportion of the period of leave of one twelfth per 25 days of work. The period applicable to the extension of leave pursuant to Article 2 shall be determined by the sum of the calendar years in which the staff member worked for at least 150 days.
Cash compensation for unspent vacation.
(1) The granting of cash compensation for unused leave shall be inadmissible except in the cases referred to in paragraphs 2 and 3.
(2) If the staff member has not been able to use up the leave or part thereof by 31 March of the next year on the grounds referred to in Article 5 (1) or on the employer's order justified by the urgent need for operation, he shall be entitled to cash compensation for the leave or the unspent part thereof.
(3) It is also for the staff member, if he could not use it to terminate his employment, to make a cash refund for the outstanding leave or part of it.
(4) The cash compensation for unspent leave is equal to the cash benefits corresponding to the time of leave, except for the reimbursement of the expenses and remuneration of overtime work and the cash compensation for in-kind benefits (§ 6 (1) and (2)).
Vacation in certain cases of change in employment, on secondment to urgent work and on participation in temporary work.
(1) When a change of employment starts in a new job until the period applicable to the entitlement to leave (§ 1) the duration of all previous employment relationships and until the period applicable to the extension of leave (§ 2) the duration of all previous employment relationships after the completion of the 18th year of age
(a) staff members who have changed employment for reasons of general interest or as a result of the reorganisation of an undertaking or on the recommendation of an official doctor;
(b) staff members with whom employment was untied after 1 January 1947, without fault, because they have become indispensable or have returned to the profession in which they have been trained, if they are to return to areas more important to meet the national economic development plan;
(c) staff members who, after 1 January 1947, have voluntarily transferred from non-productive employment to manufacturing or other production employment, more important for the fulfilment of a national development plan for the national economy, if they are declared to be such by the State office planning in agreement with the Central Council of Trade Unions by an official decree;
(d) to the employed spouses of the staff referred to in points (a) to (c), as well as the staff transferred, if, following his new employment, he enters the place of employment after the termination of his current employment.
(2) The staff referred to in paragraph 1 shall be entitled to a proportion of the leave in respect of their employer-in-waiting, provided that they are not on full leave in that year. The staff members are entitled to a proportional share of the leave, even if they have not been entitled to leave under § 1.
(3) Where a staff member to whom paragraph 1 applies does not have full or shorter leave in a calendar year in the current employment relationship than the new employment relationship, he shall be entitled to a proportional share of the leave vis-à-vis the new employer.
(4) If the employment relationship was untied during a calendar month, the employer who lasted more than half a month during that month shall grant a proportional share of the leave for the whole of that month, in accordance with the previous provisions, and if the employer has changed mid-month.
(5) The provisions of paragraphs 1 to 4 shall apply mutatis mutandis to the leave of staff assigned under the relevant rules for the performance of urgent work and to participants in temporary work, provided that they last for more than 2 months.
Vacation for seasonal and campaign staff.
Employees admitted to seasonal or Campaign work at the end of the period of employment are entitled to cash compensation for every 25 days' work, amounting to one twelfth of the benefits which would have been due to them during the period of leave provided for in Article 2, if they had fulfilled the conditions for entitlement to leave (§ 1).
Homework leave.
(1
for holidays 2 calendar weeks 4%,
for 3 calendar weeks leave, 6%,
for holidays 4 calendar weeks 8%
the remuneration achieved in the calendar year. Paragraph 2 and 4 shall apply mutatis mutandis to determine the length of leave. Reimbursement is not to be made if the work of a domestic worker or a domestic trader has ceased. The cash refund shall be due on 31 December or on termination of employment; However, at the request of a domestic worker or a domestic trader, an advance corresponding to the remuneration achieved shall be granted.
(2) The remuneration for work referred to in paragraph 1 shall mean gross remuneration without any remuneration for the final issue.
(3) Domestic workers shall be obliged to compensate domestic workers for the amounts they pay to domestic workers or domestic traders in accordance with paragraph 1.
Provisions common and final.
(1) The provisions of this Staff and Employment Act apply mutatis mutandis to the learning and teaching relationship.
(2) The length of leave of miners shall be four calendar weeks per year; the provisions of Sections 2 and 3 do not apply to such apprentices.
(3) Workers in construction and construction sectors linked to construction are counted against the period applicable to the extension of the permissible duration of the employment relationships which they were credited with on 31 December 1953 under the previously applicable rules.
(1) Arrangements contrary to this law or to the provisions issued pursuant to it shall be void, even if they have been concluded before it is effective.
(2) Paid leave for recovery may be granted only if the conditions laid down by this Law are fulfilled and must not exceed the area resulting from its provisions. Employers are personally responsible for compliance with this provision.
(1) This law does not apply to the adjustment of paid leave to recovered professional soldiers.
(2) In agreement with the Central Council of Trade Unions, the Ministry of the Interior shall determine the leave of members of the National Security Corps.
(3) The Ministry of Education shall adjust the leave of teachers and educators in agreement with the participating ministries and the Central Board of Unions.
This Law shall take effect on 1 January 1954; it shall be carried out by all members of the Government.
Zaporocký v. r.
Fierlinger v. r.
Broad v. r.
Dr Dolansky v. r.
Maj-Gen Dr. Cap v. r.
Kopecký v. r.
Uher v. r.
Bark v. r.
Lamb
David v. r.
Dvořák v. r.
Děuriš v. r.
Ing. Jankovcová v. r.
Jonah v. r.
Krajčir v. r.
Kromir
Dr Kylý v. r.
Malek v. r.
Maurer v. r.
Dr. Unedible v. r.
Dr Neuman v. r.
Nosek v. r.
Plojhar v. r.
Polack v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Reitmajer v. r.
Smida v. r.
Ing. Shimonek v. r.
Dr Skoda v. r.
Dr. Nove v. r.
Stoll v. r.
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Regulation Information
| Citation | Act No. 3 / 1954 Coll., on paid leave for recovery in 1954 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.02.1954 |
|---|---|
| Effective from | 01.01.1954 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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