Act No. 4 / 1949 Coll.
Law on Home Relations
Valid
Effective from 01.01.1949
4.
Law
of 21 December 1948
about the employment of a concierge.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The term.
A domestic employment relationship shall be established by a contract between the owner of the house or his responsible representative and the person who undertakes to perform the home work. The person who has undertaken to do the work under Section 4 will receive a natural flat (Section 7) and a reward (Section 9) for it.
For a few houses, the landlord can only commit to the work of the landlord if he is able to do all his duties.
The provisions of this Act shall not apply to persons carrying out domestic work:
1. in buildings intended solely for industrial or commercial purposes, provided that they are also employed in the undertaking;
2. in buildings intended exclusively for courts, public authorities, institutes, schools, businesses, funds and establishments, where the following persons are employed:
(a) the State, volumes of the People's Administration or other public corporations;
(b) the institutes, undertakings, funds and establishments belonging to, or managed by, the bodies referred to in (a), without account being taken of whether they are in employment under public or private law.
Rights and obligations of the parties.
(1) Home works are the work needed to maintain the house, in particular to maintain order and cleanliness in the house and in the yard, to provide for the lighting of staircases, corridors and other spaces in the house accessible to tenants or even to other persons, to supervise the water pipeline, gas pipeline and lighting equipment, to procure errands related to the administration of the house, as well as any work which is stored in public authorities' homes, such as the posting and delivery of notices and other official notices, orders and such.
(2) The landlord shall ensure that in the house of his administration there are no defects to be removed in the public interest. Defects which could cause damage to the life or health of people or damage to the property of persons living in the house or the owner of the house shall be notified immediately to the owner or his representative. The landlord is also obliged to report to the owner of the house or his representative defects and complaints made to him by tenants.
Works that do not belong to house management, but are usually entrusted to the landlords, such as cleaning the pavement and cleaning the snow with it, sprinkling the pavement at the ice, if the owner of the house is obliged to do so, service the central heating equipment, maintaining the garden at the house and below., the landlords are obliged to do so only when they have made a special commitment. They are remunerated for these works (Section 9 (1)).
(1) Where the landlord also carries out other employment outside the house or is absent for any other reason for a longer period and the owner of the house has not given the initiative, it is for the landlord to take care of his cargo and responsibility for the eligible representative. For a period exceeding three days, the janitor may be outside the house only with the permission of the owner or his representative.
(2) The owner of the house (his representative) will take care of the housekeeping work while the landlord is allowed to recover as a caretaker after the law (§ 19); The cost of this goes to the owner of the house. If the equipment used to manage the house (central water or gas closures, stairway lighting or below) is located in the landlord's apartment, the landlord is obliged to allow access to it during the holiday.
(1) The landlord is entitled to a two-room flat (room with kitchen and accessories according to the nature of the house), suitable for proper use, if possible close to the door.
(2) If the owner of the house cannot provide the landlord with an adequate provision of paragraph 1, the landlord shall be entitled to adequate cash compensation. Where the landlord is using a larger apartment than he would have been entitled to under paragraph 1, he shall be obliged to provide adequate compensation to the owner of the house (§ 9 (2)).
The costs associated with the work of the landlord (§ § 4, 5), in particular the provision of the equipment necessary for the performance of the work, shall be borne by the owner of the house. The Ministry of Social Welfare shall determine which part of these costs may be passed on to tenants.
(1) The Ministry of Social Welfare shall, in agreement with the participating central authorities and the single trade union organisation and after hearing the central organisations (corporations) of the homeowners by decree in the Official Gazette, determine the remuneration to be paid to the landlord in respect of the value of the work carried out and the value of the use of the apartment provided for the work of the landlord, as well as the work outside the field of domestic work, to which the landlord has made a special commitment (Sections 4 and 5).
(2) The amount of the refunds should also be fixed in accordance with the provisions of Paragraph 7 (2).
The landlord is entitled to charge a fee for each opening of the house in the period after which the house is to be locked in accordance with the approved house order. In the same way, he is entitled to the house key fee which has been received by a person in the house; If the owner of the house gave her the key himself, he is also obliged to fix the fee. The amount of the fee shall be determined by the competent national committee in accordance with the guidelines of the Supreme Price Code.
Termination of the domestic employment.
1. end of period:
The employment contract for a certain period of time shall cease to exist.
2. denunciation:
(1) If the employment relationship is negotiated or continued in such a way that its duration is not determined, it may be cancelled by both parties by notice given three months in advance at the end of the calendar quarter; If a notice period between the parties has been agreed more than quarterly, that longer period shall apply to both parties.
(2) The denunciation may be given only in the competent court in whose district the apartment is. The provisions of the Civil Code on tenancy procedures shall apply mutatis mutandis to the requirements of the court, the opposition and the proceedings.
3. early cancellation (§ 13-16).
For important reasons, either party may terminate the domestic employment at any time without notice. Any fact for which it is not fair to ask a party to terminate the contract to remain in the domestic employment relationship is considered an important reason.
An important reason for which the owner of the house can cancel the job at any time without notice is in particular:
(a) if the landlord has committed theft, embezzlement or any other criminal offence which makes him unworthy of the trust of the owner of the house;
(b) if damage has been caused by the landlord to persons in the house or to the owner of the house, if it has not been merely an accident;
(c) if, despite a written warning, the landlord has been offensive to persons in the house or to the owner of the house or to his representative or to members of his household;
(d) if the landlord of the household work or work to which he has made a special undertaking (Section 5) is neglected, he shall be reminded in writing, for a longer period of time or reluctant to submit to the orders given for the administration of the house which are not contrary to public interest.
An important reason for which the landlord can cancel his employment at any time without notice is in particular:
(a) if it is, or is, unable to do the domestic work or work to which he has specifically committed (Article 5), or if he cannot stop it without harm to his health;
(b) if it has been declared as an apartment (§ 7) of a room contrary to building, police or health regulations or if it is restricted by the owner in the use of the apartment;
(c) if the owner of the house, or his representative, has committed acts contrary to morality or insults against him or against members of his household, or has not prevented his people from doing so;
(d) where the owner of the house withdraws or shortens (§ 8) or remuneration (§ 9) without compensation;
(e) where the owner of the house or his representative is in breach of other substantive provisions of the contract or of the law, or where the landlord is looking for unlawful conduct.
(1) The employment agreement of a landlord prior to the date on which this law takes effect may also be cancelled at any time without notice if the landlord does not hesitate to take over for the reward of cleaning the sidewalk (§ 5).
(2) In the same way, it may be possible at any time, even without notice, to terminate the employment agreement between the two spouses and the two spouses, if the parties do not consider that only one of the spouses will be the caretaker in the future.
Borders of contract freedom.
The rights of the landlord under § § 7, 8, 9, 10, 12 and 18 cannot be excluded or reduced by contract.
Final provisions.
Unless otherwise provided for in this Act, the rules applicable to persons in employment (employment), in particular the rules on wages and national insurance, shall apply to the landlords.
(1) The Law of 30 January 1920, No 82 Coll., regulating the legal situation of the landlords, is hereby repealed.
(2) Paragraph 2 of the Government Decree of 31 December 1942, No 1 Coll. of 1943 on the cleaning of public walkways, is hereby repealed.
This Law shall take effect on 1 January 1949; It shall be implemented by the Ministers for Justice and Social Welfare in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Cap v. r.
Erban v. r.
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Regulation Information
| Citation | Act No. 4 / 1949 Coll., on the employment of domestic workers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.01.1949 |
|---|---|
| Effective from | 01.01.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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