Principles No 31 / 1988 Coll.
Principles and procedure for the conversion of the organisational structures of the production technical, scientific and research base of the national economy to state enterprises approved by the Government of the Czechoslovak Socialist Republic of 11 February 1988 No 40
Valid
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PRINCIPLES AND PROCEDURE
Conversion of the organisational structures of the production technical, scientific research and circulation base of the national economy to state enterprises approved by the Government of the Czechoslovak Socialist Republic Resolution of 11 February 1988 No 40
The objective of the reconstruction in the field of the organisation of the production technical, scientific and circulatory bases (hereinafter referred to as the "production base ') is to create, in accordance with the gradual application of the elements and tools of the new economic mechanism, the organisational conditions for their implementation and functioning and the mutual influence of the economic mechanism and organisational structures. At the same time, this means abolishing the existing sectoral and territorial interlinks that weaken and dilute the efficiency of central management and burden-bearing management of disproportionate costs. By changing structures, remove the negative consequences of the existing unilateral application of the sectoral, sectoral or territorial principle of the organisation. In addition, to prevent closely departmental approaches preventing the dynamic development of organisational structures. This will create conditions for the creation of a flexible base of size and technologically differentiated economic organisations located in accordance with the needs of the economic and social development of society, as well as conditions for the development of the workers' initiative.
New state-owned enterprises and other economic organisations equipped with tangible and labour resources must be able to compete on foreign markets under legally defined rules and conditions, and to create and implement development concepts separately in the most efficient way possible to meet the needs of the company, to ensure its long-term development in the entrusted business, to bear full partisan responsibility for its activities, in accordance with social plans and requirements.
The basic measure to ensure that the objectives of the conversion of the production base are met is the abolition of production units and of the VHJ (OHIM) directorates-general as central management bodies. Similarly, other sectoral, sectoral or territorial management interlinks in all sectors of the national economy (including agriculture, trade, services, health, etc.) should be abolished, thereby creating conditions for the consistent application of the principle of two-stage management of the national economy.
The reconstruction of the production base also concerns economic organisations involved in the Complex Experiment to increase the autonomy and responsibility of economic organisations. Involvement in the Complex Experiment did not pre-determine the organizational structure in the conditions of the reconstruction. If economic organisations (or VHJ) are converted into an organisational legal form of a state enterprise in the same structure as they joined the Comprehensive Experiment, this does not affect the resolution of the Government of the CSSR on their inclusion in the Comprehensive Experiment, nor the rules laid down for it and continue the experiment. However, if there are changes in the structure of individual experimental organisations in connection with the conversion of the organisational structures of the production base (abolition of the VHJ, reunification with another economic organisation, disorganisation of the organisation, connection with another state enterprise, etc.), the competent minister must submit to the Government of the CSSR as experimenting economic organisations, affected by organisational changes, a proposal for conditions for their continuation in the experiment, or a proposal for its abolition.
The rebuilding of the structures of the production base of the national economy will consist of merging, merging, dividing and abolishing existing state economic organisations and establishing new state enterprises. In the context of this process, it will be necessary to ensure the delimitation of the tasks of 8. 5LP, assets and liabilities from existing to new economic organisations. In addition, it will be necessary to close down the management of the affected organisations, to ensure continuity of the survey on the socio-economic development of the national economy and to place and materialise workers released in connection with the organisational changes implemented.
The conversion of the organisational structures of the national economy's production base is part of a comprehensive programme of transition from the existing management system to the new economic mechanism and covers all sectors of the national economy at federal and national level, including the production base managed by national committees.
1. PRINCIPLES FOR THE CONSTRUCTION OF ORGANISATION STRUCTURES
1.1 Organisational structures
(1) State-owned enterprises will be based mainly on existing national enterprises, industry companies and other state-owned economic organisations, which have so far separately carried out the results of their economic activity, operate according to the principles of corporate maturity, act on their behalf in economic relations, bear the ownership responsibility of these relationships and are thus registered in the company register.
(2) In the case of existing groups, state enterprises may be based on their organisational units (group companies and group special purpose organisations) or group as a whole.
(3) In cases required by a social interest, state undertakings may be set up from split-off or locally separated plants of existing enterprises.
(4) In cases required by the social interest, state enterprises may be formed by combining (that is, merging and blending) today's plants, enterprises, or other organisations or parts thereof (organisations or parts of internal and external trade organisations in accordance with generally binding regulations and other organisations of the circulatory base, organisations of research, design, engineering, etc.). The structural units of the State-owned enterprises thus formed lose their legal personality. The scope of their responsibilities (e.g. to enter into economic obligations on behalf of an undertaking, to have a divided part of the assets, to conclude credit relations with a bank, to form funds, etc.) shall be determined by the managing authorities of a newly created state enterprise.
(5) New state-owned enterprises should be set up in view of the objectives of the prospective development of production, which carry the intensification and modernisation of the Czech economy. This, on the other hand, is also an organisational solution to the downturn in inprospective and inefficient production. The prospects of a new state-owned enterprise from a nationwide economic point of view will be the main criterion in deciding to compensate for differences between enterprises in the depreciation of their basic funds and in the equipment of a turnover fund.
State-owned enterprises will be set up in such a way that, when meeting social needs on a given activity section, they achieve the highest efficiency and are able to implement their long-term development concepts under conditions of complete self-financing and, in the event of involvement in the international division of labour, compete on foreign markets. These requirements for the application of the principle of efficiency and volatility must be subordinate to organisational structures and forms. The scope of the emerging state-owned enterprises and the deployment of their structural units cannot be limited only to the territory of one of the Republics or certain counties or counties.
(6) The combination of existing plants, enterprises and organisations will create:
(a) from the current VHJ (typically groups), where their enterprises have a high share of mutual technological links; those undertakings, organisations or establishments which are not significantly involved in the internal technological links in the current VHJ and which satisfy their production a wider range of customers outside the existing VHJ;
(b) existing VHU or similarly built organisations providing for the operation and development of large-scale, uniformly managed technical systems (e.g. energy or transport networks), whose chozrasčet can only be closed at the level of the whole system, or where such existing VHU requires a higher degree of social control (e.g. defence); no undertakings, special-purpose organisations, or plants which provide for the operation and development of technically or economically separable parts or specialised activities of such systems, or whose activities are not directly dependent on the operation or development of such systems, shall be linked;
(c) by combining existing enterprises and organisations or their components into a new, fully equipped state enterprise, including foreign trade services, research, design, engineering activities, etc., generally created on the basis of the associated principle of organisation of production with a view to achieving a high degree of concentration and specialisation of production in relation to the internal needs of the national economy or involving in the international division of labour.
(7) Through the merger, state enterprises will only be created on the basis of organically linked production and scientific research programmes and not on the basis of the mechanical application of the organisation's sectoral principle.
Therefore, public undertakings cannot be mechanically transferred as a whole in particular:
- sectoral and sectoral groups, business trusts and companies, the breakdown of which is necessary for the development of enterprise initiatives and the elimination of an unjustified monopoly, in particular in the production of consumer goods,
- VHU of a type of branch undertaking with territorial dispersed, organically unconnected large or product-specific organisational units,
- all types of VHJ produced non-organically from enterprises with a different production programme,
- service undertakings and other undertakings managed by national committees, which are administratively concentrated in a given district (district, location) of diverse services or activities which take into account the autonomy of, in particular, major plants such as car repair, industrial plants, dry cleaning, etc., and the security of certain services, in particular loss-making services, in the form of economic leasing or individual involvement,
- economic units administratively centralising the management of large organisations at federation, republican or regional level, in particular in the food industry, trade and services.
(8) The current Directorate-General for Trust as State Economic Organisations will be abolished at the same time as the disappearance of the Trusts as the VHJ.
(9) Organizational types of state enterprise will not be defined in a binding manner. The State-owned enterprise may be manufacturing enterprises, internal and external trade organisations (excluding foreign trade and public company-type organisations), scientific research institutes and other organisations or units of scientific research base, engineering and project organisations, production and scientific production associations, groups, etc. Structural units of state enterprises of the type of association, group, company, etc., may have the name of a joint venture, group undertaking etc., but will not have the status of state enterprise with its own legal personality. The State-owned enterprise has a second degree of management regardless of its size and internal organisational structure. There can be no other management intermediate between him and a single national economic centre, which is the first stage of the procedure.
(10) New emerging state enterprises may, on a voluntary basis, pool their funds or activities with other organisations. This does not alter their legal personality or their direct relationship with the State Plan, the State budgets and the budgets of the National Committees.
(11) The organisation of a scientific research base and other purpose organisations (for projection, computing, investment, business and consultancy, technical development, etc.) serving a larger number of enterprises may either be transferred to state enterprises or be units resulting from different forms of voluntary association, including the creation of equity companies.
(12) The repeal of existing state economic organisations and the establishment of new state enterprises shall be carried out by the competent State authority in accordance with the existing legislation and provisions of the State Enterprise Act, which shall take effect on 1 July 1988.
1.2 Delimitation of plans
(1) The delimitation of the plans must be carried out in such a way that the binding tasks of the economic plan are maintained at least at the same level and extent as those of the merging organisations and the binding limits set by the merging organisations are not exceeded. This has to be demonstrated by comparing the total of binding tasks of 8.5LP before and after reorganisation and justifying any differences. The correctness and completeness of the plan's delimitation shall be the responsibility of the competent central authority, which shall submit to the SPK and, according to the competence of the planning committees of the Republic at the date of the reorganisation, a summary report for the branch on the transfer of tasks for 8.5LP and implementation plans for 1988 and 1989 to the new organisation.
(2) The delimitation of the plan of the year in which the organisational changes take place and the plans of the subsequent years of 8.5LP from the existing existing state economic organisations to the newly established state enterprises will be carried out, including the delimitation of the reserves of the existing VHU.
(3) The delimitation of the plan of the year in which the organisational change takes place shall be carried out as a year-round retroactive on 1 January of the year in question. Part of the delimitation is the delimitation of the binding indicators of the plan, indicators for evaluation of managers of organisations, delimitation of indicators of wage regulation, material balances, commitments in relation to abroad and other binding indicators in the scope of the economic plans of organisations. The quarterly breakdown of economic plans serves as a basis for delimitation. In doing so, the uniform distribution of tasks to the quarter of the year in question must be assessed, given that the delimitation takes place in the midterm.
(4) The allocation of resources and resources between undertakings within production units and between production units, as set out in the plan for the 8th Five-Year Plan (1989-1990), shall be reflected in the plan for newly created state enterprises as a reallocation between state enterprises at the level of the relevant sectoral central authority.
(5) The price gestors during the current VHJ will complete the tasks of the comprehensive reconstruction of wholesale prices as of 1 January 1989 according to Government Resolution 138 / 87 at the specified dates. To do this, it is necessary to create conditions in the new organisation.
1.3 Delimitation of assets and liabilities and closure
(1) The transfer of assets and liabilities in connection with the creation of new state-owned enterprises from existing state economic organisations shall be carried out in accordance with the legislation in force on the date of the organisational change. All assets and liabilities of organisations must be included in the delimitation of assets and liabilities.
This delimitation shall also include resources and resources centralized in the production units and the profit and excess of the distribution of the economic result (even from previous years).
(2) In the event of the termination of the existing production units and in the event of the division or cancellation of existing undertakings, the centralised resources and the resources remaining after settlement of all operations (planned and unplanned) shall be allocated on the date of the organisational change between the individual state-owned enterprises incurred, unless otherwise agreed between them, as follows:
(a) the balance of the reserve fund in proportion to the adjusted own performance (for organisations for which the adjusted own performance is not justified, according to an indicator of a similar type) per State-owned undertaking in the plan for the year in which the organisational change takes place;
(b) the balance of the remuneration fund, in proportion to the amount of the salary allocated to each State enterprise in the plan for the year in which the organisational change takes place;
(c) the balance of the fund of cultural and social needs, in proportion to the volume of wage resources per State enterprise in the plan for the year in which the organisational change takes place, and the basic funds and other items acquired by the FKSP, in proportion to the number of employees of the new state-owned enterprises or, where appropriate, under mutual agreement, with the agreement of the relevant trade unions (the competent trade union authorities decide on the delimitation of trade unions' assets);
(d) the balance of the IF in proportion to the planned amount of its drawdown to the investment funds of each undertaking in the second half of the year in which the organisational change takes place; the balance of the development fund according to the delimitation of technical development tasks and the balance in proportion to the planned amount of its drawdown to individual enterprises' development funds in the second half of the year in which the organisational change takes place;
(e) the balance of the technical development fund according to the delimitation of the tasks of the technical development plan and the remainder in proportion to the planned amount of its drawing into the technical development funds of each undertaking in the second half of the year in which the organisational change takes place;
(f) the balances of other funds on a pro rata basis, according to the basis for the creation of the relevant fund for each State enterprise, in the plan for the year in which the organisational change takes place;
(g) for undistributed profits or over-distribution of profit or loss, it shall be treated as in point 1.3.2 (a).
When distributing the balances of the reserve fund, the technical development fund and the investment fund, or the fund of development, the founder will monitor the need to eliminate significant differences between enterprises in the degree of depreciation and the credit burden of the basic funds, or their moral wear and equipment by the turnover fund.
(3) Disposal of the dismantled state economic organisations shall be carried out in accordance with the legislation in force at the date of commencement of the liquidation.
(4) In the context of the conversion of the organisational arrangement of the production base, extraordinary inventories of economic resources pursuant to Decree No. 155 / 1971 Coll., on inventories of economic resources shall be carried out so that the inventory differences from the extraordinary inventories carried out are settled (accounted for) by the first half of the year in which the organisational changes take place.
(5) The associated, divided and cancelled state economic organisations shall, as of 30 June of the year concerned, draw up the accounts (to the extent of the annual accounts) in the current organisation, in accordance with the guidelines for annual accounts in economic organisations from 1986 (published in No 15 / 1986 by the Financial Rapporteur as amended and additions).
(6) For the first half of the year in which there is an organisational change, settlement of contributions and taxes to the State budget and subsidies from the State budget, the combined, divided and disturbed state economic organisations will implement the arrangements laid down in the relevant law on levies and taxes for the end of the year.
(7) Newly established state-owned enterprises shall draw up an opening balance sheet according to Decree No. 154 / 1971 Coll., on accounting, within 3 months of the date of the creation of the new state-owned enterprise.
(8) The combined, divided and cancelled state economic organisations shall carry out an evaluation and closure of the results of economic activity for the first half of the year concerned under the Principles for the Evaluation and Conclusion of the Results of Economic Activity of State Economic Organisations and Foreign Trade Organisations in the 8th Five-Year Plan, approved by Government Resolution 64 / 1986 (published in No. 9 / 1986 Financial Rapporteur).
However, the final procedure must be completed by 30 September of the year concerned at the latest.
(9) New state-owned enterprises will be able to settle their economic results in a year. Workers transferred from and placed in them after release from other organisations shall be regarded as employed year-round for the purpose of granting shares (the amount of the shares shall be determined on the basis of the annual earnings, i.e. the earnings in the cancelled and new organisations, or the basis for the calculation of shares shall be determined in another way that makes them equal to workers employed throughout the year).
(10) The annual remuneration of managers shall be settled in accordance with the provisions of the Decree of the Federal Ministry of Labour and Social Affairs of 4 November 1985 No 513-21258-5131, in proportion to the duration of the term of office, according to the assessment and closure of the results of the economic activity for the first half of the year (cancelled organisations) and for the whole year (newly established state enterprises).
(11) All activities related to the delimitation of assets and liabilities and the closure of the management of the deceased VHJ and the state economic organisations will be provided by the entrusted new state enterprises or liquidator.
(12) If there is no change in the organisational structure for an organisation transferred to a state enterprise, the Director of a newly created state enterprise may simplify the procedure set out in points 4, 5 and 8.
1.4 Socio-economic information
(1) It is necessary to ensure full and timely statistical registration of all organisational changes and the recalculations of data on socio-economic facts and plans in the state statistical reporting.
(2) The founder is obliged to secure the organisation's identification number (or its structural units) as part of the instrument of incorporation when preparing the instrument of incorporation. The assignment, renewal, confirmation or cancellation of the organisation identification number shall be discussed by the founder with the competent authority of the state statistics. After approval of the organisational change, the organisation will be included in the register of organisations maintained by the statistical authorities and the assigned organisation identification number will be a necessary condition for registration in the company register and a condition for opening the account of the state firm with the bank.
The rules for the allocation of the organisation's identification number shall be laid down by the FSU by 30 April 1988.
(3) The protocols on the delimitation of plans for the creation, cancellation, merger or division of organisations will include an overview of the planned tasks of economic organisations for the period of the 8th five years before and after the organisational change and the facts of the corresponding plan in 1986, 1987 or 1988 and the first half of 1988 or 1989. A binding overview template and a methodological instruction for its completion shall be issued by the FSÚ in cooperation with the SPK, FMF and SBČS by 30 March 1988.
(4) The combined, divided and disturbed state economic organisations will submit all national statistical and accounting statements, for which the reporting obligation applies during the period until the effective date of the organisational change, i.e. until 30 June of the year in the current organisational arrangements, to the extent, in a manner and to the addressees, in accordance with the applicable guidelines and guidelines of the State Statistics, respectively, of the Ministry of Finance for the submission of accounting and summary accounts of economic organisations centrally managed by the "M 25b" (published in No 5 / 1986 of the Financial Rapporteur) and of the annual financial statements of economic organisations managed by the national committees since 1986 "M 25b" (published in No 6 / 1986 of the Financial Reporting).
The time limits for the submission of the accounts as at 30 June shall be extended by 14 calendar days.
(5) The newly created state-owned enterprises will submit all State statistical statements to the extent, in a manner and to the addressees in accordance with the applicable guidelines and guidelines of the State-owned statistical authorities starting with the figures for July of the year, including through cumulation since the beginning of the year, in a new organisational structure. According to the new organisational structure, the data reported on the national statistical reports for the same period of last year will also be recalculated. Together with the submission of the annual reports for the first time in the new organisational structure, following point 3 of the newly created state-owned enterprises shall also submit annual data recalculations for previous years from the beginning of the 8th Five-Year period, to the extent and in a manner specified by the FSU by 31 October 1988.
(6) The delimitation of the organisation's economic activity in accounting and accounting statements will be carried out in accordance with Annex 1 to the Guidelines on State Accounting Reports of the A series of Economic Organisations 30 Ec Hospop, issued by the Federal Ministry of Finance under Article VII / 1-463 / 1986 as amended.
(7) Newly established state-owned enterprises shall submit the financial statements for the month of July at the specified dates, with data from 1 July of the year concerned.
(8) State statistics authorities shall project on an ongoing basis organisational changes to the survey starting from July and the third quarter of the year in order to ensure information on the development of the national economy and the implementation of the state plan.
1.5 Placing and material security of workers released
(1) The placement of workers made redundant is based on the principle of the efficient use of the workforce, taking into account competences, health status and, where possible, the qualifications of such workers.
It is dealt with in accordance with the Labour Code and Decree No. 74 / 1970 Coll., which regulates the release, placement and physical security of workers in connection with the implementation of rationalisation and organisational measures, as amended by Decree No. 4 / 1979 Coll.
(2) The workers' release organisation shall effectively assist their location:
(a) in cooperation with the relevant trade union body, develop the work plan for the workers made redundant as part of the preparation of organisational changes and inform the relevant national committee of such plans;
(b) in cooperation with the relevant trade union body, ensure their effective location mainly within its organisational units;
(c) cooperate with national committees, other organisations and institutions to fill vacancies and to create suitable new jobs;
(d) inform the competent national committee or the superior central authority of non-posts.
(3) National committees shall monitor, coordinate and ensure the placement of workers made redundant into new employment who have not secured them themselves or who have not been assured by the releasing organisation or its superior body. National committees shall process job vacancies and provide them to workers and organisations made available.
(4) The competent central authority or national committee, which abolishes or implements the organisation's reorganisation of the organisational structure, shall ensure the placement of workers made redundant in particular in its subordinate organisations. In cooperation with the relevant national committees and, where appropriate, with other central authorities, it shall assist effectively their location in other organisations.
The placement of workers who have failed to find a new job, even with the assistance of central authorities or national committees, are regulated by the Ministry of Labour and Social Affairs of the Czech Republic and the SSR in close cooperation with national committees, relevant departments and trade unions. The Ministry of Labour and Social Affairs may, if necessary, issue more detailed guidelines to implement these principles. A special working commission may be set up in the labour and social ministries to address the issue of the placement of workers made redundant.
The Ministry of Labour and Social Affairs shall inform the competent government of the situation in the placement of workers made redundant; they may request the necessary information from statistical or other authorities.
In order to ensure vacancies for workers made redundant, the central authorities shall ensure that, in cooperation with the national committees, organisations place priority jobs where workers would otherwise be recruited, released workers of working age.
(5) When releasing workers, organisations shall be obliged to cooperate with the authorities of ROH for at least three months before the workers should be fired, to inform the workers made redundant of the reasons for the organisational changes and the means of securing the new employment.
(6) The wage compensation from the start of a new employment for a period of three months, equal to the difference between the average gross earnings at the present and the new place of employment, should be payable to the worker who enters the new employment without undue delay after leaving the employment. a wage compensation of 80% of that difference shall be payable for a maximum of three months.
However, where the worker is made redundant in the event of a change in his work, requiring a substantial change or a substantial extension of his qualification, he shall be entitled to pay the full amount of the difference in earnings throughout the period necessary for the extension or to obtain a new qualification.
(7) The transfers of workers to coal, radioactive raw materials, ores and reserved minerals organisations and to selected structures specifically provided for by the State Plan, to essential operational activities in rail transport and in metro and to organisations in the selected territory at the western border of the CSSR, sub-circling mountain pelagic districts, or other selected priorities, where provided by the CSSR Government, shall be considered as transitions, subject to the conditions laid down, for reasons of the most socially important structural changes.
Transfers of workers to production organisations designated by the central authority, subject to the conditions laid down, shall be considered as a transition on the grounds of the most important rationalisation measures.
(8) A worker who, within two years of the date of release, fulfils the age condition for an old-age pension and whose national committee cannot provide adequate employment, will be granted an exceptional old-age pension at his request (in specific cases the government will assess a different solution). It shall be determined in accordance with the provisions on old-age pension, plus the calendar period to the relevant age limit. The total of this pension and other income shall not exceed the average monthly earnings on which the pension was awarded during the period of the exceptional retirement pension. Beneficiaries of this pension shall cease to be entitled to it by reaching the age limit of the right to an old-age pension. The government of the CSSR will decide on the application of an extraordinary retirement pension.
(9) A worker who has fulfilled the conditions of entitlement to an old-age pension before 1 October 1988 and will be released before that date will be reassessed at his request in accordance with the provisions in force from 1 October 1988.
(10) If the organisation does not consider the continuing duration of the existing employment relationship of a worker who has been entitled to an old-age pension to be effective, it shall agree with the worker to be untied by agreement, or proceed in accordance with the relevant provisions of the Labour Code on Discharge.
(11) To allow organisations to provide compensation for travel expenses made available to free workers under the conditions laid down in the legislation on married workers, provided that they are accepted by organisations for an indefinite period of time with the place of employment in a municipality outside the municipality of residence and the municipality of the previous regular place of work, for a maximum period of two years.
(12) If, despite the assistance of the releasing organisation and the national committee, a worker cannot enter an appropriate job appropriate to his abilities, medical condition and, if possible, qualifications, he shall be entitled immediately after the termination of his current employment, subject to the conditions of the allowance before he enters a new job. This allowance shall be granted to the worker at the rate of his average net monthly earnings until the date of taking up his new employment, for a maximum period of three months. After this period, a worker who has not been provided with a suitable job shall be granted 60% of the current average monthly net earnings, no more than 2400 CZK per month but no more than three months.
Pre-employment allowance shall not be granted where the worker is entitled to an old-age pension or an exceptional old-age pension. This contribution shall be provided to the worker by the competent national committee.
The programme and the draft rules for the placement of workers released in connection with changes in the organisation of the production base will be ready, in cooperation with the Central Council of Trade Unions, at 31 May 1988.
2. CONSTRUCTION PROCEDURE
(1) The process of rebuilding the organisational structure of the production base of the national economy to state enterprises is coordinated and controlled by the Government Committees of the CSSR, the CSSR and the SSR on matters of planned management of the national economy (hereinafter referred to as the "Government Committees"), using specialised groups of experts from the sphere of practice and theory.
(2) The responsibility for managing the preparation and implementation of the reorganisation of the production base within their departments lies with the ministers, the heads of the other central bodies, the KNV Council, the National Committee of Prague (hereinafter referred to as "NVP") and the National Committee of the National SSR Bratislava (hereinafter referred to as "NVB").
The responsibility to manage the preparation and implementation of the reorganisation of the production base is the responsibility of national governments.
(3) Individual proposals for the establishment of a state enterprise may be made separately by central government bodies, national committees, Directorates-General of the VHJ, undertakings and their structural units (establishments) and other organisations (including budget and contribution).
(4) Collective proposals for the current VHJ will be submitted by a commission composed of directors of enterprises and special purpose organisations (for branch companies and other similarly organised business managers) and the Director-General of the VHJ and led by a representative of the Ministry or other central authority. For the VHJ in subordination to national ministries or other national central authority, but with competence throughout the CSSR, the commission will be led by the representative of the authority in whose subordination the VHJ is. These commissions shall process the proposal for the reorganisation and status of all organisational units of the current VHJ.
The collective proposal of the Board of Directors of the VHJ does not restrict the right of the VHJ to submit its own individual proposals.
(5) Proposals for the establishment of a public undertaking must demonstrate the ability of the newly proposed public undertaking to manage itself on the basis of full profitability and self-financing, the way in which the tasks of the eight five-year plan and the ability to ensure obligations towards the State budget and the credit system and the fulfilment of contracts previously concluded. The proposal shall include:
(a) the characteristics of changes in the organisational structure related to the creation of a new state firm (including requirements for organisational transfers between organisations);
(b) the definition of the subject of business and the structure of production (services, works) with its quantification, including comparison with the current structure of production broken down by product group;
(c) the definition of assets and labour in a new arrangement;
(d) an inventory of the tasks imposed on the eight five-year plan and the way in which they are secured;
(e) a brief analysis of the generation of resources and their use, including the provision of tasks of the 8th 5LP under conditions of complete maturity and self-financing for a period of at least 3-5 years;
(f) guidelines for the long-term comprehensive development of the newly proposed state enterprise (technical development, product development, investment development, labour development, involvement in foreign relations, etc.).
In so doing, the insufficient capacity of enterprises (or even plants) with production funds must not be a reason to reject their autonomy and transfer them to a state firm, as measures are envisaged to compensate for some differences in starting conditions for organisations in the depreciation of basic funds (possibly partial addition of turnover funds). In addition, undertakings will be provided with uniform levies, taxes and standards and credit for effective actions; all of this will aim to offset the initial conditions for the management of emerging state enterprises.
The proposal to establish a state enterprise will be discussed with the party and trade union organisations of the appellant and the appellant will inform the relevant territorial party authorities of the proposals.
(6) Proposals shall be submitted by the appellants, together with the opinions of their party and trade union organisations, directly to the relevant Minister, Head of Central Authority, or to the KNV Board (NVP, NVB) and at the same time to the Office of the Bureau of the Government of the CSSR or the Office of the Government of the Czech Republic and the SSR.
(7) The relevant ministries, central authorities and KNV (NVP, NVB) will, on the basis of all the proposals submitted and their own concepts for the development of the sector, process projects to restructure the organisational structure of the previously managed organisation of the production base. The projects processed by KNV (NVP, NVB) will include discussed proposals by ONV (REV, Monetary, etc.) for the organisation of the production base in their management. ONV (REV, MONETARY, etc.) will discuss their proposals with KNV (NVP, NVB) so that they can become part of KNV (NVP, NVB) projects. Possibility to submit proposals individually to all stages of the national committees, to their subordinate enterprises (and their units) and events. e other organisations are not restricted by this procedure. The project shall include:
(a) a comparison of the existing and new organisational structure of the production base of the resort or KNV (NVP, NVB), broken down at the level of existing economic organisations (enterprise, VHJ) and newly established state enterprises;
(b) a list of unacceptable proposals for organisational changes (including justification for not being accepted);
(c) the method of securing the tasks of the 8th 5LP in the department, both in volume and in product range (quantification must also include the deduction of the part of the 5LP tasks implemented);
(d) unresolved requirements for the conversion of organisational structures to other departments or national committees;
(e) the timetable for rebuilding the organisational structures of the production base in the resort according to the following stages of implementation.
(8) The project must affect the entire production base of the department, including the contribution and budget organisations (for national committees only, economic organisations). The relevant ministers and managers of the central authorities and the KNV Board (NVP, NVB) shall submit the projects for the organisational reconstruction of their departments by 30 April 1988 to the relevant governments, the relevant planning committees and statistical offices and the SBCS. The Defence Industry Government Committee shall, as appropriate, comment on the projects. In order to coordinate the conversion of the structures of the production base in sectors within the competence of federal and national authorities, the Vice-Presidents of the Government of the CSSR and the Heads of National Governments shall submit projects prepared by the national authorities to the Government of the CSSR by 31 May 1988. The government will discuss projects gradually until 15 June 1988 and decide on their implementation.
(9) Implementation of the rebuilding of organisational structures will take place in two stages according to the readiness of individual cases:
| I. etapa | – k 1. 7. 1988 |
| II. etapa | – k 1. 7. 1989. |
In addition to these basic terms, the Government of the CSSR or the Government of the Czech Republic and of the SSR may decide to transfer existing economic organisations to state enterprises on 1 January 1989 and on 1 April 1989, in cases where this does not interfere with the preparation of the 1989 plan, the preparation of the 9th Five-Year Plan and the balance-out of the consequences of the complex rebuilding of wholesale and purchasing prices.
New state-owned enterprises are set up by ministers, heads of other central bodies and KNV, NVP and NVB.
New state enterprises must be registered.
(10) The transfer of assets and liabilities of the merging organisations to emerging state-owned enterprises or other entities on the date of the creation, evaluation and closure of the economic activity of the merging organisations (final proceedings for the first half of the relevant year) and the compilation and recalculation of selected data from statistical and accounting statements for the past period of 8.5LP in both the current and new structure must be completed within 3 months of the date of the creation of the new state-owned enterprise.
Disposal of defunct organisations (in particular DGs) must take place within 6 months of the date of their abolition.
(11) The newly created state-owned enterprises under their jurisdiction shall develop internal management and chozrasčot in accordance with the State Enterprise Act.
Role of the Government Committees on Planning Management of the National Economy of CSSR, CSSR and SSR in coordinating the redevelopment of organisational structures
The coordination of the conversion of organisational structures of production technical, scientific research and circulation bases of the national economy shall be entrusted to the Government Committees.
Government committees as coordinating bodies of governments in rebuilding organisational structures:
(a) coordinate the preparation and implementation of the reconstruction of organisational structures;
(b) check the factual and time course of the work;
(c) assess projects drawn up by ministers and central authority leaders and individual proposals in terms of collective interests and the implementation of the principles of rebuilding the economic mechanism;
(d) submit comprehensive opinions to governments on rebuilding organisational structures, including proposals for solutions to inter-departmental transfers.
In assessing projects and proposals for rebuilding organizational structures, the Government Committee of the CSSR uses the already established water group. The Government Committees of the Czech Republic and the SSR will set up alternative groups from representatives of cross-cutting, sectoral and other central authorities, from representatives of the theoretical front and economic practice. The Executive Groups of the Government Committees form expert groups for each sector complex.
At Federation level
- for engineering (including metallurgy and electrical engineering),
- for fuels and energy (including ore mining and engineering),
- for transportation and connections.
At Republic level
- for chemistry,
- light industry,
- for construction and production of building materials,
- agriculture and the food industry,
- for trade,
- for the economy of national committees
and possibly more.
In order to coordinate the rebuilding of the structures of the production base in sectors within the competence of federal and national authorities, the Government Committee of the CSSR shall, in cooperation with the Government Committees of the Republics, establish coordination groups for sectoral complexes.
- for chemistry,
- the consumer industry,
- for construction and production of building materials,
- agriculture, food, forestry and water management,
- trade and services,
- for transport,
- health, education, culture and other social issues.
The members of the expert and coordination groups will be members of cross-cutting and sectoral central and national authorities, and of the theoretical front and economic sphere. The Government Committees of the Czech Republic and the SSR send their delegates to the coordination groups for sectoral complexes created by the Government Committee of the Czech Republic.
Government committees shall have the right to require the heads of central authorities and their subordinate organisations for an essential period of time of experts in expert and coordination groups.
They shall be entitled to request from project promoters additions and other supporting documents and observations.
Technical, organisational, material, information and other conditions for coordinating the rebuilding of organisational structures are provided by the Secretariat of the Government Committees. The Secretaries of the Government Committees shall, in cooperation with the competent authorities, address the issues of the working status of experts.
Timetable for the conversion of organisational structures
| Činnost | Termín | Zodpovídá | |
|---|---|---|---|
| 1 | Předkládání individuálních návrhů orgánů a organizací zpracovatelům projektu, Úřadu předsednictva vlády ČSSR a úřadům vlád ČSR a SSR | do 31. 3. 1988 | příslušné orgány a organizace |
| 2 | Předkládání kolektivních návrhů komisí ředitelů VHJ zpracovatelům projektu, Úřadu předsednictva vlády ČSSR a úřadům vlád ČSR a SSR | do 31. 3. 1988 | pověření pracovníci ústředních orgánů |
| 3 | Předání projektů příslušným vládám, plánovacím komisím, statistickým úřadům a Státní bance československé | do 30. 4. 1988 | příslušní ministři a vedoucí federálních ústředních a národních orgánů a rady KNV (NVP, NVB) |
| 4 | Předání projektů zpracovaných národními orgány vládě ČSSR | do 31. 5. 1988 | místopředsedové vlády ČSSR, předsedové národních vlád |
| 5 | Projednání projektů ve vládě ČSSR | do 15. 6. 1988 | Vládní výbor pro otázky plánovitého řízení národního hospodářství |
| 6 | Realizace I. etapy přestavby organizačních struktur, včetně zápisů nově založených státních podniků k 1. 7. 1988 do podnikového rejstříku v souladu s rozhodnutím vlády ČSSR | k 1. 7. 1988 | příslušní ministři a vedoucí federálních ústředních a národních orgánů a rady KNV (NVP, NVB) |
| 7 | Projednání postupu realizace II. etapy přestavby organizačních struktur ve vládě ČSSR | do 31. 3. 1989 | Vládní výbor pro otázky plánovitého řízení národního hospodářství |
| 8 | Realizace II. etapy přestavby organizačních struktur, včetně zápisu nově založených státních podniků k 1. 7. 1989 do podnikového rejstříku v souladu s rozhodnutím vlády ČSSR | k 1. 7. 1989 | příslušní ministři a vedoucí federálních ústředních a národních orgánů a rady KNV (NVP a NVB) |
| 9 | Souhrnná zpráva o realizaci přestavby organizačních struktur | 31. 3. 1990 | Vládní výbor pro otázky plánovitého řízení národního hospodářství |
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Regulation Information
| Citation | Principles No. 31 / 1988 Coll., and the procedure for rebuilding the organisational structures of the production technical, scientific research and circulation base of the national economy to state enterprises approved by the Government of the Czechoslovak Socialist Republic of 11 February 1988 No 40 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.03.1988 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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