Act No. 37 / 1959 Coll.
Act on the position of the race committees of the basic organizations of the Revolutionary Trade Union Movement
Valid
Effective from 21.07.1959
37
Law
of 8 July 1959
on the status of the racing committees of the basic organisations of the Revolutionary Trade Union Movement
Under the leadership of the Communist Party of Czechoslovakia, the construction of socialism in our country is progressing successfully, strengthening socialist production relations in the national economy, strengthening the position of the working class and increasing the importance of the social function of its most massive organization, the revolutionary trade union movement. In the period of the completion of the construction of socialism, the importance and role of the Revolutionary Trade Union Movement in acquiring workers to become increasingly involved in the development and management of the national economy and in the administration of the state, in their upbringing in the spirit of Marxlenin ideas and care for the continuous improvement of their working and other living conditions. The universal development of the creative initiative and activity of workers in the performance of economic tasks in the races requires the rapid organisational and educational activities of all the bodies of the Revolutionary Trade Union Movement, in particular the bodies of its fundamental organisations. In the interest of this, the Fourth General Assembly adopted a resolution on the racing committees of the basic organisations of the Revolutionary Trade Union Movement. All the people of Czechoslovakia are interested in implementing this resolution. Therefore
The National Assembly of the Czechoslovak Republic decided on the following Act:
The relations of the cooperative cooperation of the authorities of the Revolutionary Trade Union Movement, in particular the racing committees of its essential organisations, and the management of the races and other economic and state bodies, shall be governed by the resolution of the IV. universal trade union convention on the racing committees of the basic organisations of the Revolutionary Trade Union Movement, which is annexed to this Act.
(1) They are repealed.
(a) Decree No. 104 / 1945 Coll., on Racing and Business Councils, as amended by its amendments,
(b) Act No. 144 / 1946 Coll., on a Single Trade Union Organisation,
(c) Government Regulation No. 216 / 1946 Coll., implementing certain provisions of Decree No. 104 / 1945 Coll., on Competition and Business Councils,
(d) Government Decree No. 17 / 1953 Coll., on the selection of the race board and on the reimbursement of the costs of its activities, with the exception of Article 3, which expires on 31 December 1959.
(2) Without prejudice to the rules on occupational safety and sickness and occupational pensions. Where other provisions provide for the relations between the management of the plants, and, where appropriate, other economic and state authorities, and the authorities of the Revolutionary Trade Union Movement in the measures provided for in Resolution IV of the General Trade Union Convention on the Racial Committees of the Revolutionary Trade Union Movement Basic Organisations, they must be followed by this resolution.
This Law shall take effect from the date of its publication; it shall be carried out by all members of the Government.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Bark v. r.
Shimonek v. r.
Jankovcová v. r.
Dr Acid v. r.
Plojhar v. r.
Dr Nobility v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Colonel General Lomský v. r.
Machachová v. r.
Dr Non-edible v. r.
Polack v. r.
Strougal v. r.
Uher v. r.
Lamb
Jonah v. r.
Dr Kahuda v. r.
Reitmajer v. r.
Dr Skoda v. r.
Dr Hlasák v. r.
Potato
ge. Black v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
ge. Púčik v. r.
Annex to Act No. 37 / 1959 Coll.
Resolution IV of the All-Trade Convention on Racing Committees of the Revolutionary Trade Union Movement Basic Organisations
The construction of socialism and communism in our country is a fundamental concern for all our workers. The successful completion of construction tasks is decided by the workers at their workplaces. That is why trade unions are increasingly developing their role as a school of communism, especially in racing, in their basic organisations.
In order for the basic organisations of ROH to develop even more effectively the creative and aware initiative of the collective competitors while respecting the principle of responsibility of a single manager, it is necessary to:
to continuously strengthen the educational and organizational work of the trade union between the workers, so that workers' collective continues to participate in the development, management and control of the plant's activities;
deepen the role of the trade union in improving working and living conditions for workers;
to strengthen the relationship of cooperative cooperation between the management of the plant and the bodies of the basic organisation ROH in the plant.
To this end, the 4th All-Trade Union Congress states:
ROH Basic Organisation Racing Committee
(1) The basic organisation ROH carries out the tasks assigned to it by the Statutes of the Revolutionary Trade Union Movement and the resolutions of the higher trade union bodies, discussing and addressing, on behalf of the collective of the workers of the plant, in line with the interests of the whole company, all matters relating to their vital interests, in particular the labour, social, health and cultural interests, and thus having immediate participation in the establishment of workers in the development, management and control of the activity of the plant.
(2) The basic organisation of the ROH and thus the collective of the workers' race are discussed and expressed by the race committee, which chooses basic organisations according to the statutes of the Revolutionary Trade Union Movement to perform and manage daily work. The Racing Committee shall act as a collective body in accordance with the principles of trade union democracy and shall be responsible for its activities for the member meeting of the basic organisation ROH. In the performance of its tasks, the racing committee relies on the whole trade union assets and the rest of the workers in the plant, and the trade unions discuss important matters concerning the collective workers.
(3) Local organisations and their local committees and other trade union bodies also have the competence of the basic organisations of the ROH and the racing committees, as long as they are assimilated to the statutes of the Revolutionary Trade Union Movement or resolutions of the Central Council of Trade Unions.
Cooperation of the race committee with the management of the race
(4) The cooperation of the race committee with the management of the race shall be carried out by:
(a) participate in the preparation and compilation of all the plans of the plant, their operational breakdown and their performance checks and comprehensive analyses of the undertaking's activities;
(b) conclude a collective agreement with the management of the plant and systematically ensure the monitoring of the implementation of the commitments under this agreement, draw up, in cooperation with the management of the plant, a draft budget for the farm fund of workers and use the resources of that fund in accordance with the relevant directives;
(c) leads workers to a socialist relationship to work, organises and assesses the results of socialist competitions, organises mass development of the movement of enhancers and inventors, and helps in the introduction of new working methods and improvement proposals, participates in the application of the socialist principles of remuneration for work, negotiates measures to strengthen labour discipline and increase the protection of socialist property;
(d) discuss important issues relating to the operation, management, investment construction and technical development of the plant, in particular measures to improve productivity and quality of work, to improve the protection of life and health at work, the employment of women, young people and persons with altered working capacity and pensioners;
(e) ensure the establishment of health and social facilities, checks their activities and gives consent to their cadre casting and, where appropriate, to beading changes and co-operates in the other care of workers;
(f) organise, together with the management of the plant, the business housing construction, the provision of technical and other assistance to the plant for cooperative and individual housing construction, controls the implementation of corporate housing construction and the condition, maintenance and use of corporate housing;
(g) ensure the improvement of the socialist awareness and professional qualifications of workers, ensure the establishment of cultural facilities (clubs, libraries, red corners, production and technical cabinet, etc.) and manage their activities, co-operate in the organisation and activity of racing schools of work and in the selection of workers for professional and other schools and courses;
(h) monitor compliance with labour law, express its views on the measures which are being taken by the management of the establishment and which concern all or more of the staff members' or important interests, including termination and dissolution agreements,
(i) send its representatives to the approval procedures and investigations carried out at the establishment by the supervisory or control authorities and, if they were unable to participate, require reports of their results from the management of the establishment, or, where appropriate, the submission of a record of the inspection or revision carried out;
(j) the management of the plant shall submit initiatives to improve the operation of the plant and to take care of the workers or to remedy the deficiencies identified, organise production meetings, request the participation of the responsible representatives of the management of the plant in the meetings of the trade union and its authorities in the establishment and in production meetings, check what measures the management of the plant has taken on the basis of the proposals made, the resolutions adopted at those meetings and the conclusions of the production meetings.
(5) The management of the plant continuously creates the conditions necessary for the versatile operation of the basic organisation ROH and its bodies. Therefore, the management of the plant shall, in particular, discuss with the racing committee or the body empowered by it for all those issues, provide the necessary explanations, the necessary data, reports and documents, take account of its opinions and proposals, and inform him of the measures it has taken on the basis of proposals submitted by the trade unions or the workers or on the basis of proposals resulting from the resolutions of the trade unions' meetings and their bodies and the conclusions of production deliberations.
Codecision of the race committee with the management of the race
(6) The race committee shall co-decide on the following measures which the management of the race may take with legal effect only after the prior agreement of the race committee or the authority empowered by it:
(a) issue or amend the conditions of employment;
(b) make adjustments to working time and order the necessary work over time;
(c) establish, implement or modify performance standards, establish wage and pay systems and premium schemes, amend the wage forms used, implement a breakdown of wage funds and measures to eliminate the causes of overcompensation, grant or withdraw premiums and remuneration from the funds of premium funds or similar resources;
(d) to receive and release staff, except staff recruited by the executive bodies of the national committees or accepted for a transitional period not exceeding 6 working days;
(e) to assign staff members to a post or post, to grant staff members a qualification grade or to set a salary in accordance with the applicable wage rules, or to transfer staff members to another post or post for a period of one month;
(f) to assign temporary staff to a place of work in another municipality, unless this results from the nature of their work, to transfer or transfer civil servants to another branch of government;
(g) to allocate an employee's apartment or an apartment from a company building, to place employees on the waiting list of candidates for a company's building apartment and to agree to the exchange of a company's apartment.
The race committee shall ensure that the measures prepared by the management of the plant are consistent with the interests of the company and the justified interests of individuals and comply with the applicable legislation.
(7) In cases where the relevant labour law expressly provides that the rights of the staff member may be met within the scope and after the agreement of the racing committee, the management of the establishment shall satisfy such claims at an amount which the racing committee has recognised as appropriate.
Decision-making of labour disputes
(8) Disputes between the staff member and the management of the establishment and termination of the contract, and for the duration of the contract, as well as any other dispute concerning claims arising from the employment relationship and disputes concerning claims for remuneration for the invention or improvement of the proposal, are discussed and decided in arbitration proceedings by the Steering Committee or the body which entrusted the Steering Committee with the decision-making of those disputes.
(9) When deciding on labour disputes, the Steering Committee shall be governed by the applicable rules and shall follow the guidelines of the Central Council of Trade Unions. Those provisions shall also specify in which cases those claims may be invoked in court, in particular where the arbitration procedure has been unsuccessful.
Scope of the race committee in state bodies and certain organisations
(10) By way of derogation, the competence of the racing committees in state offices and in other government bodies, courts and bodies of social organisations, where the specific conditions and nature of the activities of those authorities and bodies so require, may be adapted by the Central Council of Trade Unions.
Funders of the basic organisation ROH in the race
(11) If proposed by the race committee, the management of the race shall make the necessary number of members of the race committee available for a period of their term of office or shorter, if any, for part or all of the working time. The members of the race committee shall remain on the job for the duration of the release. The Racing Committee shall provide them with a remuneration for the performance of their duties, which shall be deemed to be the salary of the contract. At the end of their term of office, the members of the race committee shall be assigned to an earlier post or post they held before the vacancy. If such inclusion is not possible, since the post or functions have been cancelled in the meantime, they may, with the agreement of the racing committee, be assigned to another post or function corresponding to their knowledge and competence. The release of the members of the race committee, the amount of their remuneration and the manner in which they are paid shall be governed by the Directives of the Central Council of Trade Unions.
(12) Non-released members of the race committee and other officials of the basic organisation ROH shall perform their duties in principle outside the working hours. However, if they miss, as far as is strictly necessary, the working hours of the office in an urgent matter, they shall be entitled to compensation for the loss of wages for the work so missed. The race committee shall pay the factory management compensation paid for the loss of wages in cases to be determined by the Central Board of Trade Unions.
(13) The members of the race committee and other officials of the basic organisation ROH are required to remain silent on matters which they will learn in the performance of their duties if they are to remain secret, in particular national, economic and professional secrecy. This obligation to remain silent shall continue after the termination of office.
Resources provided by the management of the plant to facilitate the operation of the basic organisation ROH
(14) In order to cover the costs of the activity of the basic organisation ROH, the management of the plant provides a contribution to the race committee. The contribution shall be payable quarterly in advance and shall be:
(a) in establishments with less than 250 employees, 1 / 2% of the total gross wages and salaries paid to the staff of the establishment in the preceding calendar quarter;
(b) in establishments with a larger number of employees but not exceeding 500 employees, 1 / 3% of the total gross wages and salaries paid to the staff of the establishment in the preceding calendar quarter, but at least equivalent to 1 / 2% of the total of the average gross wages and salaries that would have been paid to 250 employees in the previous calendar quarter;
(c) in establishments with more than 500 employees, 1 / 4% of the total gross wages and salaries paid to the staff of the establishment in the preceding calendar quarter, but not less than 1 / 3% of the total of the average gross wages and salaries that would have been paid to 500 employees in the previous calendar quarter.
(15) For the organisational, cultural education and other activities of the basic organisation ROH and its bodies, the management of the plant shall provide free of charge to the racing committee within a reasonable range of rooms with the necessary equipment and shall cover the costs associated with their construction, maintenance and technical operation. This also applies to the rooms hired by the plant management for these purposes.
(16) In the case of establishments serving for the purposes referred to in the previous Article, the basic organisations of the ROH of several plants shall be involved in the management of the plants in the provision of rooms and in the reimbursement of the costs associated with the relationship between them.
(17) The provision of means to facilitate the operation of the trade union in the establishment shall be governed in detail by the Directives of the Central Council of Trade Unions.
Trade union relations with state and economic authorities
(18) The statutes of the trade union organisation and the measures taken by them are not subject to approval or registration by the State authorities.
(19) Trade union bodies shall cooperate with state and economic authorities of all grades. Cooperation with the national committees shall take place not only through trade union officials who are members of them, but also through a consistent close cooperation between the national committees and the relevant trade union bodies in addressing issues relating to the employees of the establishments in their area of competence.
(20) The trade union authorities shall participate in and submit proposals and initiatives on matters relating to the development of the national economy and the living conditions of workers. The State and economic authorities shall discuss their proposals and initiatives, notify them of their views within a reasonable period of time to the trade union body which submitted the proposal or complaint and shall communicate to the trade unions, free of charge, at their request, the information necessary for their activities. Where the appointment of managers and their withdrawal are for senior state or economic authorities, those authorities shall, after consultation with the competent higher trade union body, take such measures; This discussion shall replace the co-decision of the racing committee.
(21) Where, pursuant to the previous articles, other trade unions exercise the competence of the race committee, the management of the race shall, to the appropriate extent, carry out the obligations it has towards the race committee.
(22) Workers who fail to fulfil their obligations under this resolution, the Conditions of Employment or the collective agreement, violate labour law or cause delays in the performance of tasks, shall be led by the Steering Committee to remedy these deficiencies by drawing attention to or criticising them at trade union meetings. If this does not lead to an objective, the Steering Committee may propose to the competent authorities, within the framework of the applicable rules, to apply appropriate measures to such workers, such as the withdrawal of premiums, the imposition of disciplinary measures or the withdrawal of office.
(23) The disputes arising between the race committee and the management of the race are resolved by the higher trade union body in agreement with the authority of the head of the race, unless otherwise provided by specific regulations.
(24) The race committee is a legal person. The Central Council of Trade Unions may also declare other trade unions or special purpose establishments of the Revolutionary Trade Union Movement as legal persons.
(25) In order to ensure uniform interpretation and implementation of this resolution, the necessary directives shall be issued by the Central Council of Trade Unions.
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Regulation Information
| Citation | Act No. 37 / 1959 Coll., on the position of racing committees of the basic organizations of the Revolutionary Trade Union Movement |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.07.1959 |
|---|---|
| Effective from | 21.07.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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