Decree No. 312 / 1990 Coll.
Decree of the Federal Ministry of Labour and Social Affairs amending and supplementing Decree No. 195 / 1989 Coll., on the security of workers in organisational changes and citizens before entering employment, as amended by Act No. 162 / 1990 Coll.
Valid
Effective from 01.08.1990
312
DECLARATION
Federal Ministry of Labour and Social Affairs
of 26 July 1990
amending and supplementing Decree No. 195 / 1989 Coll., on the security of workers in the event of organisational changes and citizens before entering employment, as amended by Act No. 162 / 1990 Coll.
The Federal Ministry of Labour and Social Affairs provides, pursuant to § 26 (3), § 123 (1) (g) and § 142 (3) of the Labour Code No. 65 / 1965 Coll., as amended by Act No. 188 / 1988 Coll. (full version No. 52 / 1989 Coll.), after consultation with the relevant trade union authorities:
The Decree of the Federal Ministry of Labour and Social Affairs No. 195 / 1989 Coll., on the security of workers in the event of organisational changes and citizens before entering employment, as amended by Act No. 162 / 1990 Coll., on Agricultural Cooperatives, is amended as follows:
1. in Article 6 (c), at the end, the words "the provision of services by authorisation of the competent authority under the special legislation.8)" shall be replaced by the words "the activity of self-employed persons when they constitute a social security participation. 26)."
2. After Paragraph 17, the following Section 17a is inserted:
Departure
(1) A staff member who is made redundant in the context of organisational changes under an employment agreement shall be granted a severance grant by the releasing organisation if it has agreed with the staff member; the grant of the severance grant and the amount thereof shall be indicated by the organisation in the contract of employment.
(2) A worker whose employment is to end on the basis of an employment agreement within one month of being informed of the reasons for the release following the decision on the organisational change (Paragraph 11) is entitled to a severance allowance equal to five times the average monthly gross earnings recorded last in the vacancy organisation under the labour law on the detection and use of the average earnings. 13)
(3) In the absence of termination of employment under the termination agreement within one month referred to in paragraph 2, the basic amount of the severance allowance shall be reduced by one fifth for each month and the month in which the termination takes place after that period. The severance payments under the first sentence shall not be reduced where the vacancy organisation has not been able to release the worker within a period of one month due to the fact that the worker, at the time of cancellation of the organisation, was in a position to carry out the liquidation and, therefore, ended the employment contract on the basis of a termination agreement at a later date but at the latest at the end of the liquidation.
(4) The severance grants provided for in paragraphs 1 to 3 shall not apply if a worker released from a central administration body headed by a government member (27) or from an office of the competent government restarts his employment in one of those central government bodies or in one of the authorities of the competent government before the expiry of a period corresponding to the amount of severance granted; in such a case, the dismissed worker shall be obliged to repay the severance or part of the severance payment in which it was not due as an unjustified asset benefit. 28) The period of reentry in accordance with the first sentence shall be determined according to an appropriate multiple of the average monthly gross earnings for which the worker has been set at the level of severance payments in accordance with paragraphs 2 and 3.
(5) A staff member made redundant under paragraphs 1 to 4 shall not be entitled to compensation under Paragraph 12 to 16; however, the right to compensation shall not be affected if the staff member made redundant under paragraph 4 has been obliged to repay the compensation in full.
(6) The severance payments are paid by the releasing organisations from their wage resources. "
3. the following paragraph 4 is added to Article 26:
"(4) A citizen who has been paid severance pay in his last employment (Paragraph 17a) shall not be granted the allowance until the end of the period corresponding to the amount of severance payment granted; that period shall be determined on the basis of an appropriate multiple of the average monthly gross earnings by which the amount of severance pay has been determined by the citizen. Similarly, the allowance shall also be granted to a citizen who, after the grant of the severance allowance, has taken up the first short-term employment which has ended during that period during the period specified in the sentence. The provisions of the first and second sentences shall not affect the provision of the contribution for the total period referred to in Paragraph 28. ';
4. In Article 27 (d), at the end, the comma is replaced by a dot; the provisions of point (e) are deleted.
5. in Article 28 (2) (d), the words "or civil service" shall be added after the words "basic service (s)."
6. In Article 29 (3) and (4), the words "1000 Cds per month 'are replaced by the words" 1200 Cds per month'.
1. Paragraph 17a (4) shall apply only to entry into employment which takes place until 31 December 1990.
2. A citizen who, at the date of application of this decree, is granted a contribution of 1000 CZK per month under § 29 (3) or 4 of Decree No. 195 / 1989 Coll., from that date, the allowance shall be increased to 1200 CZK per month.
This decree shall take effect on 1 August 1990.
Minister:
Miller v. r.
26) § 61 et seq. of Decree No. 149 / 1988 Coll., implementing the Social Security Act, as amended by Decree No. 123 / 1990 Coll.
27) Constitutional Act No. 296 / 1990 Coll., on Changes in the System of Federal Central Authorities of the Government of the Czech and Slovak Federal Republic. Act ČNR No. 2 / 1969 Coll., on the establishment of ministries and other central government bodies of the Czech Socialist Republic, as amended. Act SNR No. 207 / 1968 Coll., on the establishment of ministries and other central government bodies of the Slovak Socialist Republic, as amended.
28) § 243 of the Labour Code.
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Regulation Information
| Citation | Decree No. 312 / 1990 Coll., amending and supplementing Decree No. 195 / 1989 Coll., on the security of workers in organisational changes and citizens before taking up employment, as amended by Act No. 162 / 1990 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.1990 |
|---|---|
| Effective from | 01.08.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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