Government Decree No 353 / 2008 Coll.
Government Regulation amending Government Regulation No. 589 / 2006 Coll., providing for a derogation from the working and rest periods of workers in transport
Valid
Regulation
Effective from 01.01.2009
Text versions:
01.01.2009
26.09.2008
353
GOVERNMENT REGULATION
of 20 August 2008
amending Government Regulation No 589 / 2006 Coll., providing for a derogation from the working and rest periods of workers in transport
The Government orders pursuant to Article 100 (1) of Act No. 262 / 2006 Coll., Act No. 23 / 2000 Coll., Act No. 71 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 77 / 2002 Coll., Act No. 175 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 1 / 2005 Coll., Act No. 181 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 191 / 2006 Coll., Act No. 296 / 2007 Coll.
Government Regulation No. 589 / 2006 Coll., providing for a derogation from the working and rest periods of workers in transport, is amended as follows:
1. Paragraph 1, including the title and footnotes 1 to 3, reads:
Preliminary provisions
This Regulation implements the relevant provisions of the European Communities (1) and, following the directly applicable provisions of the European Communities (2), it provides for by way of derogation the working and rest periods of workers in transport referred to in Sections 100 (1) (a) to (f) of the Labour Code whose employer is the carrier or infrastructure manager or transport infrastructure manager under other legislation3). It also defines the management time in international rail transport.
1) Council Directive 2000 / 79 / EC of 27 November 2000 on the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers Federation (ETF), the European Technical Flight Crew Association (ECA), the European Airlines Association (ERA) and the International Air Carrier Association (IACA). Directive 2002 / 15 / EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities. Directive 2003 / 88 / EC of the European Parliament and of the Council of 4 November 2003 on certain aspects of the organisation of working time. Council Directive 2005 / 47 / EC of 18 July 2005 concerning the Agreement between the Community of European Railways (CER) and the European Transport Workers' Federation (ETF) on certain aspects of the working conditions of mobile workers providing interoperable cross-border rail services.
2) Council Regulation (EEC) No 3820 / 85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport. Regulation (EC) No 561 / 2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport, amending Council Regulations (EEC) No 3821 / 85 and (EC) No 2135 / 98 and repealing Council Regulation (EEC) No 3820 / 85. Regulation (EC) No 1899 / 2006 of the European Parliament and of the Council of 12 December 2006 amending Council Regulation (EEC) No 3922 / 91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation.
3) For example, Act No. 455 / 1991 Coll., on Business Business (Trade Business Act), as amended, Act No. 111 / 1994 Coll., on Road Transport, as amended, Act No. 266 / 1994 Coll., on Railways, as amended, Act No. 114 / 1995 Coll., on Inland Navigation, as amended, Act No. 49 / 1997 Coll., on Civil Aviation and on Amendment and Supplement to Act No. 455 / 1991 Coll., on Trade Business Act (Trade Code), as amended, Act No. 13 / 1997 Coll., on Civil Communications, as amended. "
2. in Article 2 (a), including footnote 4a, the following shall be added:
"(a) members of a crew of a truck or a bus in road transport pursuant to the directly applicable regulation of the European Community4) or under an international treaty published in the Collection of Laws 4a), namely drivers, drivers' helpers and guides;
(4a) Article 2 of the Europe Agreement on the work of vehicle crews in international road transport (AETR) (Decree No. 108 / 1976 Coll., as amended by Decree No. 82 / 1984 Coll., and Decree No. 80 / 1994 Coll.). '
3. in Article 2 (c), including footnotes 6, 6a, 6b and 6c:
"(c) rail workers
1. on the national, regional and travers6) which provide and service the runway, organise railway transport or participate in the provision or operation of railway transport, or manage or accompany the railway vehicle or ensure its operation;
2. in accordance with point 1, in international railway transport on the national and regional6a track, they drive or accompany a railway vehicle on the territory of the Czech Republic and at the same time on the territory of another Member State of the European Union for at least one hour from their shift (hereinafter referred to as "employee of international railway transport"); for the purposes of this Regulation, an employee in railway transport whose operation requires the carrier to hold a safety certificate under another legislation (6b) and, at the same time, another certificate issued by another Member State of the European Union in accordance with European Community rules (6c) in the field of railway safety. An employee in international rail transport, providing transport services for the region, within 15 km of the national border, at the railway crossing point Petrovice u Karviné - Zebrzydowice and in railway transport both started and stopped in the Czech Republic, is not considered to be an employee of international rail transport services within 15 km of the national border, and at the railway crossing point Petrovice u Karviné - Zebrzydowice and in railway transport, both started and finished in the Czech Republic, through the territory of another Member State of the European Union where it does not provide transport service.
6) § 3 (1) (a), (b) and (c) of Act No. 266 / 1994 Coll. § 1 (p) of Decree No. 173 / 1995 Coll., which gives rise to the rules of the railway transport.
6a) § 3 (1) (a) and (b) of Act No. 266 / 1994 Coll.
6b) § 34h of Act No. 266 / 1994 Coll., as amended by Act No. 181 / 2006 Coll.
6c) Article 10 of Directive 2004 / 49 / EC of the European Parliament and of the Council of 29 April 2004 on the safety of the Community's railways and amending Council Directive 95 / 18 / EC on the licensing of railway undertakings and Directive 2001 / 14 / EC on the allocation of railway infrastructure capacity, the charging of railway infrastructure and the issuing of safety certificates (Railway Safety Directive). ';
4. in Article 2 (g):
"(g) flight crew members (9) who are executive and / or operating personnel with an employer who operates commercial air transport by aeroplane or helicopter or is an air worker or an air rescue service operator.";
5. In Section 3, at the end of the text in point (a), the words "except for the time of waiting between connections in public regular passenger services within a time and locally determined timetable line, 'are added.
6. in Article 3, point (c) is deleted;
Points (d) to (h) shall be renumbered (c) to (g).
7. in Article 3, the following point (e) is inserted after point (d):
'(e) the driving time in international railway transport, the period during which an employee of an international railway transport is driving or is present in the vehicle and is responsible for it, except for the period planned for the preparation or unwinding of the railway vehicle,';
Points (e) to (g) shall be renumbered as points (f) to (h).
8. In Article 3 (f), the words "employee of international rail transport 'shall be inserted after the word" bus'.
9. In Paragraph 4 (1), "all 'is replaced by" more'.
10. In Article 4, at the end of paragraph 2, the sentence "A member of the crews of a truck or a bus in road transport shall be provided without delay."
11. in Article 9, the words "in road transport" shall be inserted after the word "bus."
12. In Article 9, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The period of work on food and rest referred to in paragraph 1 may be divided into several parts of at least 15 minutes. This also applies in the case of a break in work on food and rest provided under Section 88 (1) of the Labour Code. '
13. the following Section 9a is inserted after Section 9:
During the waiting period between the bus connections in the public regular passenger services within the time and local timetable, a staff member who is a bus driver in the regular passenger transport is entitled to a remuneration of at least CZK 25 per hour, unless otherwise agreed in the collective agreement. The periods of waiting between connections in public regular passenger services within a time and locally determined timetable shall be aggregated for remuneration purposes in the calendar month. ';
14. in Part Two, the following Title IV is inserted after Title III:
STAFF OF INTERNATIONAL TRANSPORT
Working time
(1) For employees of international rail transport, the length of the shift and the overdrive shall apply.
(2) The record of working time of an international rail transport worker shall be kept by the employer for at least 1 year after the end of each calendar year.
Rest period
Continuous rest between shifts
(1) The employer shall lay down the working hours of the staff of international rail transport in such a way that the staff of the international rail transport service shall have continuous rest between the end of one shift and the beginning of the subsequent shift within 24 hours of consecutive at least for the duration of:
(a) 12 hours at the place of residence;
(b) 8 hours in another place provided that the subsequent rest is provided in accordance with (a).
(2) The rest referred to in paragraph 1 (a) may be reduced to a maximum of 9 hours per week by international rail transport staff within 24 hours consecutive provided that the subsequent rest referred to in paragraph 1 (a) is extended for a shorter period. The first sentence shall not be followed by the rest provided by the staff of international rail transport as referred to in paragraph 1 (b).
Continuous rest of the week
The employer shall lay down the working hours of the staff of international rail transport in such a way as to have continuous rest during each period of seven consecutive calendar days for a period of 52 weeks consecutive
(a) at least 12 continuous rest periods, each lasting at least 60 hours,
(b) at least 12 continuous rest periods, each for a period of at least 60 hours so that Saturday and Sunday fall into it;
(c) for at least 36 hours, with a total of at least 120 hours in the other weeks of the specified period over a period of 2 weeks.
Work break
(1) The employer shall provide an employee of international rail transport, who shall drive a separately railway vehicle, no more than six hours of continuous work for a period of at least 45 minutes at work, provided that the working hours of an international rail transport worker are longer than 8 hours.
(2) The food and rest break referred to in paragraph 1 may be divided into several parts of at least 15 minutes.
Driving time
The employer shall lay down the working hours of the staff of international rail transport in such a way that the daily driving time is not more than 9 hours and, for a staff member working at night, not more than 8 hours. The total duration of the proceedings may not exceed 80 hours in a period of two consecutive weeks. ';
Titles IV to VII shall be renumbered as heads V through VIII.
15. in Article 17 (2) (b), the word "exceptionally" shall be deleted;
16. in Article 22, paragraphs 1 and 2, including footnote 22a, read:
"(1) An employer operating commercial air transport by aeroplane shall plan the working time of an aircraft crew member in accordance with the directly applicable European Community22a) in such a way that the length of the shift under the conditions laid down by other legislation23)
(a) the flight crew member was 22a) not more than 14 hours;
(b) the member of the reinforced crew of the aircraft (23) has a maximum of 16 hours;
(c) the member of the double crew of the air23) was up to 18 hours.
(2) The length of the shift provided for in paragraph 1 may be extended in accordance with the directly applicable European Communities Regulation (22a) under the conditions laid down by other legislation23), if this is necessary for the safe completion of the flight as a result of circumstances occurring after the shift begins.
22a) Title Q of Annex III to Regulation (EC) No 1899 / 2006 of the European Parliament and of the Council of 12 December 2006 amending Council Regulation (EEC) No 3922 / 91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation. ';
17. in Paragraph 22 (4), the word "fixed" shall be deleted; the word "staff member" shall be replaced by the words "crew member" and the words "staff member" shall be replaced by "crew member";
18. Paragraph 23, including the title and footnote 23a, reads:
Continuous rest between two shifts
(1) An employer operating commercial air transport by helicopter, air duty and air rescue service shall lay out the working hours of the crew member in such a way that he shall have continuous rest between the end of one shift and the beginning of the following shift for at least 11 hours within 24 hours consecutive.
(2) The rest referred to in paragraph 1 may be reduced to up to 10 hours for a crew member under the conditions laid down by other legislation23).
(3) The employer operating commercial air transport of aeroplanes shall provide the crew member with continuous rest between shifts in accordance with the directly applicable Regulation of the European Communities (23a) under conditions laid down by other legislation23).
(4) The rest referred to in paragraph 3 may be reduced to a member of an aircraft crew in accordance with the directly applicable Regulation of the European Communities (23a) under the conditions laid down by other legislation23) to the extent specified in paragraph 2.
23a) Article OPS 1.1110 of Title Q of Annex III to Regulation (EC) No 1899 / 2006 of the European Parliament and of the Council of 12 December 2006 amending Council Regulation (EEC) No 3922 / 91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation. '
19. The following Section 23a is inserted after Section 23:
Continuous rest of the week
(1) An employee operating commercial air transport of aeroplanes shall plan the working time of a member of an aircraft crew in a week in accordance with the directly applicable European Commonwealth Regulation (22a) under the conditions laid down by other legislation23) at least 36 hours or within 10 calendar days consecutive to at least 60 hours, with a continuous rest period of at least 7 calendar days, 13 weeks at least 24 calendar days and 52 weeks consecutive to at least 96 calendar days within a period of 4 weeks. The continuous rest of the week shall be determined so that Saturday and Sunday fall into it once in a period of 4 weeks.
(2) An employer operating commercial air transport by helicopter, air work and air rescue service shall provide a continuous rest per week to the crew member under the conditions laid down in other legislation23) to the extent specified in paragraph 1. ';
20. In Section 24, the words "12 hours consecutive within 24 hours' are replaced by the words" 12 hours within 24 hours consecutive 'and the words "consecutive' are added at the end of Section 24.
21. in Paragraph 28, the following paragraph 3 is added:
"(3) From 1 January 2010, the remuneration for the waiting period between the links shall be at least CZK 50 for each full hour, unless otherwise agreed in the collective agreement."
Efficacy
This Regulation shall enter into force on 1 January 2009.
Prime Minister:
v. Chunek v. r.
1. Prime Minister and Minister for Regional Development
Deputy Prime Minister and Minister for Labour and Social Affairs:
RNDr. Netime v. r.
Minister for Transport:
Ing. Říček v. r.
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Regulation Information
| Citation | Government Regulation No 353 / 2008 Coll., amending Government Regulation No 589 / 2006 Coll., providing for a derogation from the working and rest periods of workers in transport |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.09.2008 |
|---|---|
| Effective from | 01.01.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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