Act No. 32 / 1950 Coll.
Law on paid leave for recovery in 1950
Valid
Effective from 01.01.1950
32.
Law
of 22 February 1950
on paid leave for recovery in 1950.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Permanent staff leave.
Vacation entitlement.
(1) Employees 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 1950 (in 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 under 26 years of age who successfully completed a school visit in a calendar year and first entered the service, the waiting period is 5 months.
(3) The termination of employment for less than 6 weeks, which took place with the employer's consent, does not stop or 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 two calendar weeks to staff members who, having reached the age of 18, have been in employment with the same employer or undertaking for more than 15 years, after the same branch or group of professions.
(4) Miners who have worked for at least three quarters of their working time during the last 9 months immediately prior to the entry into, or part of, the country shall be extended by another calendar week.
(5) Where the length of leave depends on the employee's age or the length of employment, the status shall be determined on 1 May of the calendar year.
Until the time applicable to the extension of leave pursuant to § 2 (2) and (3) shall be counted 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 during the period of infreedom for national, racial or political oppression. After hearing the Single Trade Union Organisation, the Government may provide for additional periods to be included in the period applicable to the extension of leave, although the employee was not in employment.
Vacation restrictions.
(1) If the staff member has not been able to perform work for more than 75 working days in the calendar year for an important cause relating to his or her person who has not been intentionally or grossly negligent, in particular for sickness, accident or military service, his or her leave shall be reduced by one twelfth for every 25 missed working days.
(2) For each working day (shift) missed by an employee without an important cause (paragraph 1), the employer is obliged to reduce his leave by two 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) 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.
(4) In the case of staff obliged to visit a primary vocational school, the absence of teaching at that school has the same consequences as the absence of working time.
(5) The shortening provided for in paragraphs 2 and 4 shall be carried out by the employer (Paragraph 18 (2)) after the staff member's hearing and after consultation with the race council.
(1) Participation in special medical care under the provisions of § 29 (1) and (2) of the National Insurance Act or in preventive care measures under the provisions of § 95 (1) (b) and (e) of the same Act shall be included in the leave, except in cases where the worker is unable to work and cases assimilated to him. The Central National Insurance Corporation, authorising special medical care, shall decide whether the staff member, during the period of such medical care, is considered to be incapacitated or whether the case is equivalent.
(2) The Ministry of Labour and Social Welfare may, after hearing the Single Trade Union Organisation by means of a decree in the Official Gazette, provide details for the implementation of paragraph 1.
A holiday experience.
(1) Staff members shall, during the period of leave, bear all the cash benefits as if they had worked, except for the reimbursement of expenses. In doing so, the average weekly earnings in the six months preceding the start of the holiday and in the 12 months for agricultural and forestry workers shall be taken as the basis for calculating the cash benefits for variable benefit workers. The Ministry of Labour and Social Welfare may, by means of a decree in the Official Journal, determine how benefits are to be determined during the period of leave for employees who receive benefits in periods other than normal pay periods or for whom benefits are not merely a reward for work done.
(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 single economic plan after consulting the race council. 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) If this is in order to implement the Single Economic Plan, the Ministry of Labour and Social Welfare may, in agreement with the participating ministries and after hearing the Single Trade Union Organisation, provide by decree in the Official Gazette that some employees are obliged to spend part of their leave in the winter.
(3) Staff members may also be entitled to leave or part thereof for a calendar year after its expiry if they so request or are unable to use it up because of the urgent need for the operation of the establishment or for any of the reasons referred to in Article 4 (1). However, in such cases, the staff member must take leave in such a way as to end 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).
Mass racing vacation.
(1) Mass racing leave is only allowed if, for operational reasons, it is necessary and compatible with the public interest, in particular if it does not jeopardise or make it difficult to implement the single economic plan. Mass racing holidays shall not last more than 14 days.
(2) If a mass race holiday is granted in a race, workers who, at the time of this 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 the replacement work free of charge 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, the employee loses his entitlement to leave.
(2) If the employment relationship has been terminated before the end of the calendar year 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 pay in cash for the leave, in the case of part of it which he has exhausted before the termination. The employer is entitled to deduct the corresponding amount on the last payment of 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 an employee without an important cause (Sections 4 (2) and (4)) after exhaustion of leave in a calendar year but before termination of employment, the employer is obliged to require the employee 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 claim from the staff member compensation in cash for the proportion of leave attributable to the remainder of the year, except in the cases referred to in Paragraph 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.
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 paragraph 2 or 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 Paragraph 4 (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 a holiday is equal to the cash benefits corresponding to the time of the leave, except for the reimbursement of the cash costs and the remuneration for overtime work and the cash compensation for in kind benefits (Section 6 (1) and (2)).
(5) The cash compensation for leave shall not be included in the assessment basis under the national insurance rules and shall be exempt from payroll tax.
Vacation in certain cases of change in employment, on secondment to urgent work and on participation in temporary work.
(1) Employees with whom employment was untied after 1 January 1947 without their fault under the Regulations on the Economic Employment of Workers, on the Release of Expendable Employees or on the Return of Specially Trained Employees to their Occupation, shall be credited to the period applicable to the entitlement to leave (§ 1) and to the extension of leave (§ 2) in the new employment of all previous employment conditions after the completion of the 18 year of age. The same applies to workers who, after 1 January 1947, have voluntarily transferred from administrative employment to production or other production employment, more important for the fulfilment of a single economic plan, if declared to be such by the Ministry of Labour and Social Welfare by a decree in the Official Journal. The provisions of the first sentence shall also apply to staff who have changed their employment as a result of the reorganisation of an undertaking or after the occupation for reasons of public interest or on the recommendation of an official doctor.
(2) The staff referred to in paragraph 1 shall be entitled to a proportional share of the leave in respect of their employer, provided that they have been employed in the calendar year with the same employer or in the same undertaking for at least 2 months and that they have not had 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) If the staff member to whom paragraph 1 applies does not have full leave in the calendar year in the current employment relationship or has less leave than his / her new employment relationship, he / she shall be entitled to a proportional share of the leave with the new employer.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the leave of staff assigned under the relevant rules for the execution of urgent work and to participants in temporary work, provided that they last for more than 2 months.
Other staff leave.
Staff in seasonal or campaign work.
(1) Employees admitted to seasonal or Campaign work are entitled, at the end of the period of employment, to cash compensation of 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).
(2) The cash compensation referred to in paragraph 1 shall not be included in the assessment basis under the national insurance rules.
Construction workers.
The provisions of Part I of this Act shall apply to workers' holidays in construction and construction related fields. However, the Government may, by regulation, provide for a derogation from the provision of leave for certain groups of workers. The Ministry of Labour and Social Welfare shall adjust the details in agreement with the central authorities involved and, after hearing the Single Trade Union Organisation, by means of a decree in the Official Journal.
Homework leave.
(1) Domestic workers and domestic traders who do not employ foreign labour are entitled to compensation instead of leave,
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 3 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 reimburse domestic workers for the amounts they pay to domestic workers or to domestic traders in accordance with paragraph 1.
(4) The cash compensation referred to in paragraph 1 shall not be included in the assessment basis under the national insurance rules.
Provisions common, transitional 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 Section 2 do not apply to such apprentices.
In the case of staff whose employment is maintained after 18 years of age with the same employer or in the same undertaking in the territory occupied in 1938 by foreign law at least from 1 May 1946, the duration of the service applicable to the entitlement to leave of 3 calendar weeks [Paragraph 2 (2) (c)] shall be reduced to 4 years.
(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 may be granted only if the conditions laid down by this law are fulfilled and may not exceed the area resulting from its provisions. Employers are personally responsible for fulfilling the provisions of the first sentence. The acts and omissions of the transitory provisions of the first sentence are punishable in accordance with the provisions of § 17 of Act No. 244 / 1948 Coll., on State wage policy.
(1) This Act does not apply to the adjustment of paid leave to recovered military workers.
(2) The Ministry of the Interior, the members of the Prison Guard Corps, shall provide for leave by the Ministry of Justice in agreement with the Ministry of Labour and Social Welfare.
This Act shall take effect on 1 January 1950; It shall be implemented by the Ministers for Labour and Social Welfare, Home Affairs and Justice in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Erban v. r.
Nosek v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Act No. 32 / 1950 Coll., on paid leave for recovery in 1950 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.03.1950 |
|---|---|
| Effective from | 01.01.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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