Government Decree No. 33 / 1950 Coll.
Regulation on paid leave for the recovery of certain workers in construction and construction related industries in 1950
Valid
Effective from 01.01.1950
33.
Government Regulation
of 24 March 1950
on paid leave for the recovery of certain workers in construction and construction related fields in 1950.
The Government of the Czechoslovak Republic orders pursuant to Article 14 of Act No. 32 / 1950 Coll., on paid leave for recovery in 1950 (hereinafter referred to as "the Act"):
(1) The provisions of this Regulation shall apply to workers in construction and related engineering sectors, with the exception of those covered by the Law on Private Employees, Trainees and Employees referred to in paragraph 4.
(2) According to this Regulation, construction staff shall mean the staff of construction, civil engineering, construction, masonry, carpentry, construction, construction, railway, road, bridge, tunnel, ground, water and water works, sewage, cable and the like. This Regulation shall apply to workers working in quarries, gravel, sandstone or bricks and in the trade in painting, painting, painting, varnish, plastering, plastering, covering, asphaltic, asphaltic, plate and tiles and to workers working in terracultural, insulating (including thermal insulation) or sealing operations.
(3) The racing departments, workshops, warehouses and bearings shall also be considered as establishments referred to in paragraph 2.
(4) The provisions of this Regulation shall not apply to staff employed in building and building industries in which all employees are employed year round.
(5) If there is doubt as to whether this Regulation applies to the staff of an establishment, the relevant district national committee shall decide after the expression of the unified trade union organisation.
(1) Employees covered by this Regulation (hereinafter referred to as "employees") are entitled to the flat-rate leave provided for in Article 2 of the Act after 48 weeks of employment in construction or in one of the fields related to construction.
(2) After 32 weeks of employment, the employer may, at the request of the employer, grant two thirds of the leave referred to in paragraph 1.
(1) The period which is legally applicable for the extension of the period of leave is calculated by considering each calendar year in which the staff member was employed for at least 26 weeks. If the employment in some calendar years has lasted shorter, the full weeks in which the employee was employed in construction or in one of the fields related to construction shall be added up for those years and the sum shall be 26. The result indicates the number of years relevant for the area of leave. The number of weeks by which the sum of all weeks exceeds the number divisible by 26 shall not be taken into account.
(2) Where the length of leave depends on the employee's age or the duration of his employment, the status shall be determined on 1 January of the year in which the leave begins.
(1) The employer is obliged to establish a holiday ticket for any staff member who does not yet have a ticket immediately upon taking up work (hereinafter referred to as "ticket") and to indicate the individual weeks of the duration of the contract.
(2) The employer indicates the individual weeks of employment by indicating in the ticket the amounts laid down by the Ministry of Labour and Social Welfare in the Official Journal, taking into account, on the one hand, the length of the employee's leave and, on the other, the salary paid. The marking shall be carried out either by typing or gluing special marks issued for that purpose by the postal service. Weeks for which employees are not entitled to pay or part thereof and weeks of leave shall be marked by the employer by noting or attaching a special mark without value; the marks shall not, however, be applied if the staff member is in charge of the basic service.
(3) The model of the ticket and the detailed provisions on the establishment of the ticket, the labelling of the week and the handling of the ticket will be published by the Ministry of Labour and Social Welfare in an agreement with the Ministry of Posts in the Official Gazette.
(4) A ticket based on existing rules can continue to be used. the details shall be adapted by the Ministry of Labour and Social Welfare in agreement with the Ministry of Posts by the Order in the Official Journal.
(1) The employer is required to keep the ticket properly for the duration of the contract and to present it on request to the authorities of the District National Committee, to the employees' and employees' representatives.
(2) On termination of employment, the employer is obliged to issue a ticket to the employee. The staff member shall be obliged to surrender it to the new employer for safekeeping. If the new employer finds the ticket to be deficient, he shall immediately ask the former employer to remedy it.
(1) Once a staff member is entitled to leave under Paragraph 2 (1), he shall be entitled to the benefit of the amount corresponding to the sum of the amounts indicated in the ticket (Paragraph 4 (2)).
(2) If the staff member is granted a proportion of the leave provided for in Paragraph 2 (2), he shall be entitled only to benefits corresponding to the sum of the amounts indicated over a period of 32 weeks.
(3) The employer may exceptionally pay the staff member the amounts indicated in the ticket before he becomes entitled to leave or part of it under the previous provisions, if the district national committee confirms on the staff member's application that he agrees to the reimbursement. The District National Committee shall give its consent if there are cases of particular concern.
(4) The details of the reimbursement of the amounts referred to in the preceding paragraphs shall be adapted by the Ministry of Labour and Social Welfare in agreement with the Ministry of Postal Affairs by the Order in the Official Journal.
(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. In such a case, the employer shall not issue the ticket to the staff member, but shall send it after 3 months to a unified trade union organisation which shall be entitled to reimbursement. The details of the reimbursement of the ticket are laid down by the Ministry of Labour and Social Welfare in an agreement with the Ministry of Posts by a decree in the Official Journal.
(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 shall be entitled to deduct the relevant amount at the last payment of the employee benefits and to carry out the same union organisation.
(3) For days missed by the employee during the calendar year without any significant cause (§ 4 (2) and (4) of the Act), the employer is obliged to require the employee to pay twice the amount of benefits during the period of leave for each such missed day and to carry it out to a unified union organisation. The provisions of the last sentence of paragraph 2 shall apply mutatis mutandis. The detail shall be adjusted by the Ministry of Labour and Social Welfare by a decree in the Official Journal.
This Regulation shall enter into force on 1 January 1950; They shall be carried out by labour and social services ministers and post offices in agreement with participating members of the Government.
Zaporocký v. r.
Erban v. r.
Dr Neuman v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 33 / 1950 Coll., on paid leave for the recovery of certain employees in construction and construction related industries 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.
Comments 0