Decree No. 3 / 1967 Coll.
Order to be issued by the Central Council of Trade Unions for the conclusion, registration and control of collective agreements
Valid
Effective from 29.01.1967
3
DECLARATION
to be issued
DIRECTIVE OF THE CENTRAL COUNCIL OF THE UNION
for the conclusion, registration and control of collective agreements
(approved by the Bureau of the Central Council of Trade Unions on 24.10.1966)
In line with the line drawn up by the XIII Congress of the Communist Party of Czechoslovakia, starting in 1967, the improved system of planned management will apply throughout the national economy. The aim of the speedy implementation of the new management system is to establish a basis for greater consistency of social, group and personal interests and to improve the economic performance of businesses while improving the working, cultural, social and health conditions of workers. All of this requires exceptional attention in the preparation and adoption of measures which will ensure these interests of the company both in terms of business and plant activities and in terms of the participation of workers in the management and development of production.
A document specifying the consistency of social and personal interests, the participation of workers in the management of production in plants, enterprises and sectors is a collective agreement. It expresses the bilateral commitments of a collective of workers represented by the relevant trade union and economic leadership to secure production tasks and use the resources created to develop the plant, business and industry, pay and care for workers. It is binding on both Parties - the management of an economic organisation and trade union.
Collective agreements are a direct tool for regulating wages in enterprises and businesses. It lays down the principles of wage developments, determines the share of the fund employed in the company's own resources and specifies the conditions for its application to wages. Collective agreements ensure an increase in all-round care for material and other needs of workers, depending directly on the results of their individual efforts and the results achieved. This requires that material interests are already used in the preparation of collective agreements to achieve the maximum economic effect and to ensure adequate wage growth and means for significant wage differentiation.
According to Section 21 of the Labour Code No. 65 / 1965 Collective Contracts, the Central Council of Trade Unions therefore provides:
Conclusion of collective agreements
Collective agreements are concluded in all economic organisations in industry, construction, agriculture, transport, trade and local economy at the level of trust of businesses, trade companies, subordinate undertakings and establishments, in particular corporate establishments, as well as enterprises managed by national committees. In other establishments collective agreements shall be concluded taking into account the system of internal management, if this proves appropriate.
Collective agreements may also be concluded in budgetary and contribution organisations as appropriate.
Collective agreements, changes and supplements shall be negotiated in writing.
Collective agreements are concluded on behalf of workers by the competent authorities of the Revolutionary Trade Union Movement and on behalf of economic organisations by their manager (Director).
Long-term collective agreements are generally concluded at the level of the disciplines.
A separate collective agreement shall be concluded for the needs of the staff of the Directorate-General.
Annual collective agreements shall be concluded in undertakings and establishments in accordance with the implementation plans. Where appropriate, the relevant parts or provisions of collective agreements may be extended for a further period.
Collective agreements shall be prepared at all stages of the procedure at the same time as preparation, discussion and approval of long-term and implementation plans for the development of the national economy. They shall be drawn up at the same time as consultations and exchange of information. They shall be specified or supplemented in accordance with major changes and modifications to the plans.
Content of collective agreements
A. Sector collective agreements are based on the overall concept of the development of the fields. Within the framework of their competence, the sectoral authorities shall establish collective agreements to address such relationships as they consider decisive in their field.
The sectoral collective agreement shall include in particular:
- the objectives to be set for the period for which the contract is concluded,
- provisions on the method of reallocation of funds within the field, i.e. on the imposition of an additional levy or on the granting of an exceptional subsidy from the centralised resources of the branch and on the programme for the gradual liquidation of exceptional subsidies,
- how to deal with the consequences of implementing the measures chosen to achieve the objectives set (e.g. addressing the impact of automation on the reduction of the number of workers, on the improvement of qualifications, on the working environment, etc.) and the overall concept of safeguarding working and living conditions within the field, including the identification of resources for these purposes,
- setting out the forms and initiatives of the development of the industry's initiative,
- provisions on the additional contributions of undertakings in the form of a premium on gross income or profits, unless a plant is installed or properly operated for the protection of workers or where the plant does not comply with the labour safety or health rules,
- provisions on certain measures relating to personal material interests; Such measures shall be incorporated into the collective agreement as necessary, if the trade union committee's trade union committee so decides,
- measures to improve the working, social and cultural conditions of the workers of the sector, which will be financed to the extent necessary from centralised resources of the branch, in particular:
- measures to increase health and safety care at work in the perspective of the prospective development of the field,
- to create better working conditions for women working in the field, workers with altered skills and pensioners,
- to provide for corporate, cooperative and individual housing construction and to improve mass accommodation for young people and other workers,
- measures to support the building of sectoral and corporate education centres in terms of the prospective needs of qualified forces and cadre education,
- essential measures relating to the use of basic resources, the adjustments to the working time regime and the procedure for shortening working time where planned during the relevant period in the field.
B. Corporate collective agreements are based on the technical and economic concept contained in the long-term business plans, as specified annually by means of economic instruments. The production economic objectives contained in collective business contracts are intended to be an expression of workers' initiative and socialist entrepreneurship, and to ensure that maximum results are achieved at the lowest production consumption, in order to achieve optimal results when mobilising reserves.
The same is true for collective agreements concluded in corporate plants.
Company collective agreements shall provide for: *)
1. To ensure the creation of resources and payment of corporate needs
(a) gross income formation and corporate liability
- the estimated gross income (profit); when granting the subsidy from the reallocation of funds within the field, the subsidies and the conditions under which they were granted, including specific measures and deadlines to achieve a gradual liquidation of the company's financial dependency on exceptional subsidies;
(The collective agreement is intended to show not only the resulting figure as the objective of the overall economy, but also the way to achieve it. It will be useful to specify the measures chosen in the contract, such as increase in production, reduction of material costs, energy costs, implementation of further rationalisation measures, ensuring the development of efficient production, etc. In this context, particular attention should be paid to the development of the state of corporate employment; to monitor the trends in the reduction of the general status of workers and to strengthen investment to modernise production facilities, allowing for further growth and more efficient production while reducing employment);
(b) the distribution of the expected applicable gross income
- resources to cover business needs, in particular for the further development of the enterprise, the reserve fund (at least 2% of the annual resources of the fund employed by the undertaking), the construction fund, the cultural and social needs fund (at least 0,8% of the annual resources of the fund employed since the beginning of the year),
- payroll funds (workers' fund);
(c) distribution of higher than expected applicable gross income (relative)
- to strengthen the company's further development of the allocation to the reserve fund, the building fund and the cultural and social needs fund,
- to wages (the workers' fund); this is a relative expression of the fund's share of the total gross pension applicable. In principle, it must be assumed that the workers' fund will not grow faster than the applicable gross income. In order to ensure the necessary funds to finance investments from own resources, the advance growth of the applicable gross income should be ensured. Proportions in this respect will be directed by the branch directorates according to specific conditions;
2. in the field of wage regulation
(a) breakdown of the workers' fund *)
- the breakdown of the fund of workers in the foreseeable formation of the applicable gross income into wages for individual work results, economic performance shares and other personal expenses;
- estimated average monthly earnings for the period covered by the contract, indicating the actual average monthly earnings achieved in the previous year, of which
- individual work results,
- the average share of economic results,
- or wages according to selected professions (categories);
- the division of the fund of workers in respect of its work in excess of expected creation, after payment of the salaries to which the relevant wage rules apply;
- use for premiums, remuneration and payment of shares in economic results;
(b) the application of wage policy principles
- an overview of the basic rules applicable to remuneration for work on the holding;
- an overview of the collection of standards and standards used, with the conditions for their refinement, approval, period of validity and declaration;
- appeal to the rules on bonus, provision of remuneration, closure of personal accounts, etc.;
- rules on the allocation of funds to share economic results, which shall respect the principle that shares must be used to the maximum extent to increase wage differentiation;
- principles for the creation and use of funds by masters and other leaders;
- the solution to wage issues which are not covered by the wage regulation, provided that in such a case the Labour Code or any other generally applicable regulation refers to their amendment in the collective agreement;
- the procedure for the lack of funds in the workers' fund;
3. to create conditions for the development of the initiative and comprehensive care for workers
- organisational, methodical and cadre measures to ensure the upbringing and education of young people in employment, training of workers to obtain a certificate of training, to obtain a second qualification, to study at work, to further a specialised post-graduate degree of purpose and function as well as to prepare staff for university studies and scientific research;
- measures to ensure vocational education of apprenticeship;
- measures to reduce overtime work and to create assumptions for shortening working time in meeting the planned growth in production and earnings;
- measures to improve the working environment, to improve safety and health care at work, to improve the working, social, cultural and recreational conditions of workers, to improve the care of racing meals (improvement of equipment for racing canteens, etc.), to provide comprehensive assistance in the provision of housing (corporate, cooperative, individual), in the maintenance and repair of business apartments and hostel facilities;
- measures to improve working and social conditions for working women (in particular the setting up and expansion of childcare facilities, facilitating purchase, etc.), workers with altered working capacity and pensioners;
- the use of funds of the construction fund, or resources centralized in the field of improvement of work, health, social, cultural, housing and apprenticeship facilities, including the coverage of a recovery and safety plan;
- the budget of expenditure on cultural, social, health and recreational needs from the cultural and social needs fund, taking account of the specific needs of young workers.
C. Competition collective agreements concluded in other establishments shall, as a general rule, provide:
- the conditions under which the workers of the plant may be granted shares in the economic results of the internal services;
- provisions on the use of management funds, in particular masters' and management funds;
- the dates and manner of carrying out checks on the economic efficiency of the wage forms applied, including the premium rules;
- measures to improve the working, cultural, social, health, physical and recreational conditions of workers, including the budget of the fund of cultural and social needs (broken down from the enterprise);
- measures to improve the catering of workers (the setting up of auxiliary farms, etc.), to promote housing and maintenance (the conclusion of agreements with housing enterprises, etc.), to ensure the maintenance of business apartments, racetrack hostels, etc., to improve and accelerate the transport of workers to work, including the commitments of workers to use self-help without claims for funding;
- measures to improve the working and social conditions of working women, in particular the expansion of employment opportunities for pregnant women and mothers of young children (suitable layout of working time, ensuring the construction of nurseries, nursery schools and childcare centres, the expansion of services, the facilitation of buying, etc.) and to improve working conditions for workers with altered working capacity and pensioners.
Collective agreements include measures to help solve territorial problems, in particular:
- measures for the most effective pooling of financial, material and other means of economic, budgetary and social organisations and national committees in the construction, expansion, maintenance and improvement of cultural, social, health, physical and other facilities to serve workers on the ground and other citizens;
- arrangements for the use of plant, plant and collective facilities to meet the needs of workers and their family members on the ground;
- measures to organise all forms of voluntary participation of workers in the construction and maintenance of buildings to improve the working and environment of citizens, whether through manual work or by professionals in the processing of studies, analyses, plans, etc.;
- measures to use the means of mechanisation of enterprises (plants) in the joint construction of public-service facilities, including urban (municipal) upgrading tasks.
In order to ensure a comprehensive solution to the cultural, health, social, security and recreational needs of workers, services and care for working women, youth, etc., businesses and establishments shall, in particular, transmit parts of the collective agreement negotiating these issues to the Regional Trade Union Council.
The recovery plans are annexed to collective agreements.
The collective agreement shall specify the department for which workers may become familiar with the text of the collective agreement as well as with all the wage and labour legislation in force in the undertaking.
In order to ensure consistency of the content of collective agreements in the field with the social interests and with the rules in force, in particular in the areas of remuneration and labour law, their registration shall be carried out.
Registration is also subject to changes and additions to sectoral collective agreements on labour law and wage issues.
Trade union collective agreements shall be registered with central economic authorities and central trade union committees.
Validity and control of collective agreements
Each collective agreement shall specify the period for which the collective agreement is to be concluded and from when it becomes effective.
Trade union collective agreements shall be approved by an authority designated by the Central Committee of the Trade Union. Collective agreements concluded in enterprises and establishments are approved by a membership meeting or conference of the Revolutionary Trade Union Movement.
Collective agreements become valid by signing both contracting partners or by making a registration. *) The same applies to changes and additions to collective agreements.
Trade union and economic authorities or the authorities of national committees for which contracts are registered shall express their views on the revocation of a collective agreement before the expiry of the period for which it was concluded if both parties are interested.
In order to meet the obligations arising out of a collective agreement for an organisation, managers shall be responsible for the scope of their functions and other staff shall be specifically referred to in the collective agreement. The fault of non-compliance is considered to be a breach of the obligation to work with all consequences under the applicable rules (Labour Code - Title Two). The obligations of the collective workers are the responsibility of the relevant trade union body under the statutes of the Revolutionary Trade Union Movement.
The performance of collective agreements shall be checked in parallel with the assessment of economic results so that all workers are informed of the performance. A report on the performance of commitments shall be drawn up during the half-yearly check on the performance of the collective agreement. The evaluation and revision of the annual results of the management, the assessment of the development of resources, prices and wages, the satisfaction of customers' needs, the implementation of the recovery plan, the development of the quality of products and services shall also carry out a thorough check of the performance of the collective agreement.
The findings of the audit serve as a basis for preparing a new collective agreement. The managers and members of the relevant trade union bodies shall report personally at the membership meetings or conferences of the Revolutionary Trade Union Movement on the fulfilment of commitments in all parts of the collective agreement. The mid-term and year-round evaluation of a collective agreement shall be a public check with the direct participation of workers.
These Directives apply to collective agreements concluded for 1967 and beyond.
Decree No. 120 / 1965 Coll., which is issued by the Directives of the Central Council of Trade Unions for the conclusion, registration, registration and control of collective agreements, is hereby repealed.
This decree shall take effect on the day of its publication.
Chairman:
Pasty
*) Point 1 (a) and (b) contain only the most basic data. In view of the specific conditions, these data may be disseminated in such a way as to sufficiently inform workers about the dependence of economic results and earnings, in particular with regard to the dynamics of development and encourage the improvement of social productivity, the improvement of product quality, etc.
* *) When drawing up a progressive business plan, it is necessary to expect that the funds under consideration provide sufficient space for making profit differentiation in line with the concept of wage development. In doing so, account should also be taken of the resources identified by the analysis of the current situation on the remuneration section, which can be counted against the more efficient use of existing wage resources. This will be the gradual elimination of incorrect earnings resulting from the low-level status of the critical professions, the removal of unjustified overtime, excessive overhead work, unjustified allowances for difficult and harmful environments, reduced compensation for downtime etc. The analysis on the remuneration section shall also include an evaluation of work and remuneration in relation to the qualifications, performance, quality of work and the degree of responsibility and use of knowledge acquired to provide employment opportunities to workers for whom their qualifications have not yet been fully used. When determining the rate of nominal wage growth, care must be taken to justify wage growth as a result of the economic effect (for example, it can be expressed in relation to the growth of the applicable gross income to a more favourable proportion of production value wages, to the increase in labour productivity in technical units, profit, etc.).
*) § 20 (3) of the Labour Code.
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Regulation Information
| Citation | Decree No. 3 / 1967 Coll., published by the Directives of the Central Council of Trade Unions for the Conclusion, Registration and Control of Collective Contracts |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.01.1967 |
|---|---|
| Effective from | 29.01.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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