Decree No. 4 / 1979 Coll.
Decree of the Federal Ministry of Labour and Social Affairs amending and supplementing Decree No. 74 / 1970 Coll., governing the release, placement and physical security of workers in connection with the implementation of rationalisation and organisational measures
Valid
Effective from 23.01.1979
4
DECLARATION
Federal Ministry of Labour and Social Affairs
of 19 December 1978
amending and supplementing Decree No 74 / 1970 Coll., regulating the release, placement and physical security of workers in connection with the implementation of rationalisation and organisational measures
The Federal Ministry of Labour and Social Affairs, in agreement with the Central Council of Trade Unions, provides, pursuant to § 43 (1) (b) of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries, and § 275 (3) of the Labour Code:
Decree No. 74 / 1970 Coll., governing the release, placement and physical security of workers in connection with the implementation of rationalisation and organisational measures, is amended as follows:
1. paragraphs 1 to 3, including the headings, read:
Scope
(1) This decree regulates the procedure for the release, transition and placement of workers in connection with the implementation of structural changes in the national economy, the liquidation of inefficient operations, the reduction of the administrative and management apparatus and other rationalisation or organisational measures, and the application of prohibitions on certain work and workplaces for women, the material security of such workers when moving to and before their recruitment and their sickness insurance claims.
(2) The Decree applies to:
(a) workers released from employment for organisational reasons (§ 46 (1) (a) to (c) of the Labour Code - full text No 55 / 1975 Coll.) and workers released from employment as a result of the application of prohibitions on certain work and workplaces for women (§ 150 of the Labour Code), whether the release for such reasons is made by a given socialist organisation or agreement, as well as workers not made redundant from the employment relationship, but according to other provisions of this decree, they either switch to another establishment or have a substantial change in their employment,
(b) members of production cooperatives released from a member's relationship on the basis of a statement given by the production cooperative or an agreement under the statutes of the cooperative on grounds corresponding to the reasons for the termination of the employment relationship referred to in (a), as well as members who are not released from the member's relationship, but under other provisions of this decree within the same organisation, either go to another establishment or have a substantial change in their employment;
(hereinafter referred to as "the workers').
(3) The decree does not apply to workers with whom the employment relationship was untied for other reasons. It shall not apply to workers who, without discontinuing their employment relationship, have transferred rights and obligations from their employment relationships to another organisation under Section 249 and Section 250 of the Labour Code, unless they are workers who, at the same time, have had a substantial change in their employment activity or, where appropriate, the transfer of workers under Part Four.
Discharge procedure
(1) When releasing workers, the organisation follows the Labour Code.
(2) The organisation releases in particular workers who are preconditions for easier placement and integration at other workplaces. It shall take into account, in particular, the possibility of making use of the qualifications of workers and, where appropriate, their retraining for new production or other professions. In addition to the cases referred to in Section 47 (2) of the Labour Code, special consideration shall be given to older workers before they become entitled to an old-age pension and to serious family reasons (e.g. employment of a second spouse, schooling and, where appropriate, the educational relationship of children). In the case of workers to be released, the organisation shall make use, in particular, of all possibilities of their effective placement at other workplaces (Section 46 (2) of the Labour Code) or at workplaces of the same production unit.
(3) If it is not possible to place a worker to be released within the organisation, the organisation shall, in cooperation with the national committee of the worker, be obliged to assist effectively in obtaining a new suitable job or to provide him with a new job (§ 47 of the Labour Code) and to proceed with his release and further placement so that the transition to the new workplace is smooth and that only exceptionally measures for the physical security of the worker under Section 3 (§ 4 to 7) must be applied. The vacancy organisation shall also be obliged to assist effectively in obtaining a new suitable job for those workers whose employment has been cancelled in the new organisation on probation. When placing workers, the organisations and national committees shall take account of their legitimate interests and needs.
(4) The organisation shall be required, as a rule at least 4 weeks before the workers should be given notice of the political and economic reasons for the release and the assistance they will receive in obtaining a new job. Where a worker shows an interest in moving to a new employment before the date on which the employment is due to end on the basis of a statement or an agreement already concluded, the releasing organisation shall comply with his request, unless important operational reasons prevent it. The termination agreement shall state the reason for the termination of the contract.
(5) The provisions of paragraphs 2 and 3 do not apply to cases where workers are made redundant at their own request and to the transition of workers due to the most socially important structural changes and other rationalisation measures (Part Four).
Mass security in transition to new employment and substantial change in work
(1) In this part, the physical security of workers when they are transferred to a new organisation or, where applicable, a substantial change in their working activities for the previous organisation is provided for in Article 1 (2), unless the transition is in accordance with the provisions of Part Four (Sections 8 to 16).
(2) A staff member who, after his employment has ceased without undue delay, joins another organisation shall be entitled to pay compensation equal to the difference between the average gross earnings at the original place of employment (Section 275 of the Labour Code) and the gross earnings achieved at the new place of employment, starting from the start of the new job for a period of 3 months; where the worker is subject to a substantial change in his work, requiring a substantial change or a substantial extension of the qualifications which he could not have achieved at that time without his guilt, the wage compensation shall be for a further period of time necessary to achieve or extend the qualification, but not more than a total period of 6 months, or where necessary to prepare for the final apprenticeship examination for a maximum period of 12 months after the starting of the new employment.
(3) For this purpose, the acquisition of new knowledge and skills by training of at least 150 teaching hours shall be regarded as a material change or substantial extension of the worker's qualifications; in the case of workers' professions, it must be a preparation for the final apprenticeship examination - where appropriate, training or retraining - at least level 3. Other cases of qualification changes may be recognised as a material change or a substantial extension of the qualification by the competent central authority in agreement with the relevant trade union body and after agreement of the relevant Ministry of Labour and Social Affairs.
(4) Salary compensation shall also be granted for the days for which the worker receives compensation in the new organisation or cash benefits from sickness insurance replacing the salary; the wage compensation for the period of the provision of cash benefits to sickness insurance replacing the salary shall be set at the difference between those benefits which a worker would receive in an earlier organisation and those awarded in a new organisation. The wage compensation shall not be granted to a worker who, after a period of time set for incorporation, does not achieve his own fault in the work, in particular as a result of an unexcused absence or poor work ethic of the average performance achieved by workers performing the same work.
(5) The wage compensation shall be provided to the worker at the time specified for the payment of the salary by the organisation which accepted him / her employment from other personnel costs. (1) The amount of compensation granted shall be paid to that organisation by releasing organisations from other personnel costs after the end of the period for which the compensation is due.
(6) A staff member who, following his transfer to another organisation, will carry out work for which training or retraining is required shall be required by the receiving organisation to ensure without undue delay and for his or her cargo such training or retraining and reward him for that period in accordance with the wage rules applicable to the receiving organisation.
(7) If, according to the wage rules in force in the new organisation, the rights of the worker or other benefits are linked to the continuous duration of the employment relationship (member relationship of the member of the production cooperative), this condition shall be deemed to be fulfilled when the worker is transferred under this decree without undue delay to the new employment relationship (member relationship of the member of the production cooperative). The record shall be entered in the worker's personal file and entered in the employment certificate. This is without prejudice to the legislation on determining average earnings.
(8) A staff member who enters into a contract of employment in a recruitment procedure carried out by the national committees shall also be required to be provided for that recruitment in accordance with specific regulation.2)
(9) If, for a worker who is not dismissed from employment by an organisation, for the reasons set out in § 46 (1) (a) to (c) of the Labour Code (§ 1 (2)), there is a substantial change in work, requiring a substantial change in or a substantial extension of the qualification (paragraph 3), it shall be entitled to pay compensation of the amount and for the period laid down in paragraphs 2 and 4. The wage compensation shall be provided to the staff member of the organisation from other personnel costs. (1) The provisions of paragraph 6 shall apply mutatis mutandis to the organisation's obligation to train or retrain the worker and to pay him at that time. "
2. the following heading is inserted after Section 3:
3. Sections 8 to 17, including the headings, read:
SURVEILLANCE AND MAINTENANCE OF WORKERS IN THE COMPANY OF THE NEGATIVE STRUCTURAL CHANGES AND OTHER RATIONALISING MEASURES
MOST SIGNIFICANT STRUCTURAL AMENDMENTS
(1) The transition due to the most socially important structural changes is, for the purposes of this decree, the transfer of a worker (to an employment relationship with another organisation, or within the same organisation without untying the employment relationship) from an abandoned establishment, the abolition of which is specifically provided for by the National Economy Development Plan of the CSSR as a source of labour for a designated production establishment, to that establishment where:
(a) included in the State Plan for the Development of the National Economy of the CSSR in the list of nominal actions to make more efficient use of basic assets with higher exchange rates; or
(b) put into service on the basis of an investment construction action, a binding state development plan for the CSSR national economy or centrally assessed.
(2) In the course of the transition due to the most socially important structural changes (paragraph 1), workers shall be entitled to pay compensation, the formalities referred to in Decree No 33 / 1974 Coll., on contributions and refunds to be granted to staff recruited by the National Committees, or may be granted an increased recruitment allowance under the conditions laid down below.
(1) The wage compensation is payable to a worker of the amount laid down in Paragraph 3 (2) from the start of work at the new place of work for a period of 3 months. where there is a need for training or retraining which the worker could not have completed without his guilt at that time, he shall be entitled to pay compensation for a further period of time necessary to complete it, but not more than a total of 6 months, or, where necessary, to prepare for the final apprenticeship (for a profession of at least 3 qualification degrees) for a maximum period of 12 months from the start of work at the new place of work.
(2) Wage compensation shall also be granted for the days on which workers receive compensation in the new place of work for wages or sickness insurance benefits in replacement of wages, at the rate and under the conditions laid down in Article 3 (4), when moving workers within the same organisation, shall be considered as an earlier and new organisation of the initial and new place of work.
(1) The staff referred to in § 8 (1) are entitled to the recruitment allowance and other formalities provided for in Decree No 33 / 1974 Coll. in the amount and under the conditions set out therein, even if the staff member has not concluded a contract of employment for recruitment by the national committees. The recruitment allowance and other formalities shall be for a maximum period of three years; if the worker has entered into a contract of employment for recruitment by the national committees, the provisions of Section 10 of that Decree shall apply.
(2) The recruitment allowance referred to in paragraph 1 is not for the worker if the organisation grants him an increased recruitment allowance (§ 11); the other requirements referred to in paragraph 1 shall in this case be valid for a maximum period of three years.
(1) Instead of a recruitment allowance which would be payable to workers under Paragraph 10 (1), the organisation may, with the agreement of the superior central authority, grant them an increased recruitment allowance, in agreement with the relevant trade union authority, up to six times the average gross monthly earnings of the worker before the transfer to a new place of work (Section 10 (2)).
(2) The grant of the increased recruitment allowance shall be subject to the conclusion of a written agreement on the retention of a worker in employment to the organisation for at least 5 years; until that time, the period of basic (replacement) military service, the period of additional maternity leave and the period when a worker or worker does not work because of permanent care of a child under 3 years of age shall not be counted.
(3) An increased recruitment allowance shall be granted by organisations at a differentiated rate according to the duration of the obligation to remain in employment, training at a new place of work as necessary, the distance of the workplace to which the worker passes, the residence and the difficulties incurred by the worker and his family, the areas selected and the size of the work collective. The Federal Ministry of Labour and Social Affairs may, in agreement with the Federal Ministry of Finance, the State Planning Commission and the Central Council of Trade Unions, and after consulting the Ministry of Labour and Social Affairs of the Czech Socialist Republic and the Ministry of Labour and Social Affairs of the Slovak Socialist Republic, lay down principles for the differentiation of increased recruitment contributions and their maximum amount, or limit the provision of recruitment and recruitment contributions (Sections 10 and 11).
(4) The amount of the increased recruitment allowance shall be fixed in the written agreement at the total amount. Parts equal to 1 / 5 of this total amount shall be due on the day of taking up work after the transfer of the worker and after six months and after the end of the first, second and third years of working relationship to the organisation after the transfer of the worker.
(5) If, before the expiry of a five-year or longer period agreed in a written agreement (paragraph 2), the worker is obliged to return a proportion of the total amount of the increase in the recruitment allowance corresponding to the time by which the contract duration of the contract has been reduced, except where the undertaking has not been fulfilled because the organisation has infringed the essential obligations it has had towards the worker under the contract of employment or legislation, or has not been fulfilled because of an accident at work, an occupational disease or a threat to the occupational disease. The organisation may, with the agreement of the superior authority and the ROH Racing Committee, waive the reimbursement of the increased recruitment allowance paid for other serious reasons.
A further instalment of the recruitment allowance (§ 10) and the increased recruitment allowance (§ 11) shall be reduced for each unexcused shift in the period before the next instalment; when the shorter parts of shifts are missed, the different parts are added up.
In addition to the recruitment allowance (§ 10), or in addition to the increased recruitment allowance (§ 11), workers shall not be granted other contributions of a similar recruitment character under special rules. The same shall apply when the other formalities provided to the workers in their transition are combined in accordance with the provisions of this Part. 4) In particular, the co-operation of these recruitment contributions with recruitment contributions is excluded according to the regulations on the provision of formalities for recruitment to selected organisations in the territory of Prague and the settlement of border borders. The staff member shall be granted a recruitment allowance which is more favourable to him. From the date on which a more favourable contribution is due, no contribution still paid shall be granted; if it has already been paid to the worker, the proportion shall be settled. In the run-up of other transactions resulting from special rules, the worker shall be granted more favourable performance. The provisions of this paragraph shall not apply to the possible confluence of the recruitment allowance or the increased recruitment allowance with the stabilisation allowances and remuneration.
OTHER SIGNIFICANT RATIONALISATION MEASURES
The transfer due to other socially important rationalisation measures is, for the purposes of this decree, the transfer of a worker to another organisation or, where applicable, the transfer within the same organisation without the dissolution of an employment relationship, from an establishment in which, as a result of the rationalisation measures [§ 46 (1) (a) to (c) of the Labour Code], the number of workers is reduced, to another production establishment designated by the central authority, if, by reason of such a transfer, the worker has to change his place of residence or to create or continue substantially adverse conditions, in particular in connection with transport to that establishment.
(1) The staff member shall be entitled to pay compensation in accordance with Paragraph 14.
(2) The organisation may grant to staff, with the agreement of a superior central authority, an increased recruitment allowance in agreement with the relevant trade union, up to a maximum of three times the average gross monthly earnings that the worker made before the transfer to a new establishment, under the conditions set out in Section 11 (2). For the differentiation of this contribution, its maximum amount, or, where appropriate, for the limitation of its provision, for its payment, for the obligation of the worker to return its proportional part and for the reduction of its instalments, the provisions of Sections 11 (2) to (5) and 12 shall apply.
(3) In the transition provided for in § 14, neither the recruitment allowance nor the other requirements laid down by Decree No. 33 / 1974 Coll., are to be granted to the worker unless the worker has concluded a contract of employment in the recruitment process carried out by the National Committees (§ 10). Although the contract of employment was concluded in the recruitment of the national committees, the staff member is not entitled to a recruitment allowance under that decree if the organisation has granted him an increased recruitment allowance (paragraph 2). The provisions of Paragraph 13 shall apply in the event of a collision between an increased recruitment allowance and other contributions of a similar recruitment character.
(1) The transfer of staff under this section (Sections 8 to 15) shall be subject to the obligation of the organisation to train or re-train a worker admitted to employment under Section 3 (6); if the transition is within the same organisation, that provision shall apply mutatis mutandis. Paragraph 3 (7) applies to the assessment of the employment relationship of a worker who moves to another organisation without undue delay.
(2) The wage compensation for transitions under this Part shall be provided to the worker by the organisation which accepted him or the organisation in which he or she switched without discontinuing the employment to another place of work (§ 8 (1), § 14). The same applies to the recruitment allowance (§ 10) and other requirements under Decree No. 33 / 1974 Coll., if they are not paid by the Regional National Committee pursuant to § 11 (2) of the Decree and the increased recruitment allowance (§ 11). Salary compensation is provided by the organisation at the time of payment of the salary from other personnel costs, 1) recruitment allowance, other formalities under Decree No. 33 / 1974 Coll. and the increased recruitment allowance is not included in the salary funds, but is paid as financial costs to the population.
(3) The increased recruitment allowance shall not be included in the basis for determining the average earnings. 5)
COMMON AND FINAL PROVISIONS
Entitlements in sickness insurance
(1) Entitlements relating to sickness insurance to workers covered by this Decree shall be assessed in accordance with the general rules and other provisions of this Order. 6)
(2) The deductible earnings of which the recurring cash benefits of sickness insurance in replacement for wages are determined shall not include wage compensation, the contributions provided for in the recruitment by the national committees and the contributions granted under the provisions of Section 10 and Section 11, except for the allowance for incorporation. 7)
(3) For the purposes of occupational sickness insurance, the transition of workers covered by this decree shall also be considered as the start of a new job at the new workplace of the same organisation.
(4) When the releasing organisations cease to exist, their rights and obligations in the field of sickness insurance shall be transferred to the receiving organisation or, where appropriate, to the winding-up authority. At the end of the liquidation, cash benefits for sickness insurance shall be provided by the district health insurance administration responsible for the permanent residence of the worker. The expiring organisation shall confirm to the worker, before the end of its activity, all the necessary supporting documents for entitlement to sickness insurance benefits. '.
4. Section 18 to 21, including the headings, are added for Paragraph 17:
Average earnings and obligations of releasing organisations
(1) For the purposes of determining the average earnings, the transition of workers covered by this decree shall also be regarded as the onset of a new job at the new workplace of the same organisation and as an earlier and new organisation of the original and new workplace of the same organisation.
(2) The mobilising organisation shall issue a certificate to the worker who has entered into a new employment relationship, the amount of his current average gross monthly earnings and, after consulting the receiving organisation, the period for which the worker must be necessarily trained or retrained, indicating the period for which he will be paid compensation (§ 3 (2), § 9 (1), § 15 (1)).
(3) A worker who, after his employment, will apply for a pre-employment allowance (§ 4), is required to issue, at his request, a certificate of his average net monthly earnings and other facts relating to his / her employment relationship with the organisation responsible for assessing the entitlement to the allowance before the new employment.
Release and transition of members of production cooperatives
(1) Where reference is made in this decree to the provisions of the Labour Code in connection with the unbundling of employment, this shall mean, for members of production cooperatives, the corresponding provisions of the statutes of the production cooperative on the abolition of the membership. The working ratio shall be that of members of production cooperatives.
(2) The provisions of this Order on cooperation with trade unions do not apply to the membership of members of production cooperatives.
(3) Entitlements in the field of sickness insurance of members of production cooperatives are governed by the provisions of Section 17 of this Decree with derogations resulting from Decree No. 88 / 1967 Coll., on sickness insurance of members of production cooperatives.
Removal of hardness
If hardness were to arise in the implementation of this decree, the Federal Ministry of Labour and Social Affairs may, in agreement with the Central Council of Trade Unions at the request of the competent Federal Central Authority, and if it is for a request from the Central Authority of the Republic, also in agreement with the competent Ministry of Labour and Social Affairs of the Republic, allow, on a case-by-case basis, an exemption from the provisions of the Order in so far as the amount of contributions and refunds is not concerned.
Cooperation with trade unions
Appropriate political and organisational measures are needed to prepare and ensure all structural changes and other rationalisation and organisational measures under this decree. In drawing up and implementing them, the organisations and bodies responsible for their work shall be closely associated with the relevant trade unions. ';
5. Paragraphs 15, 16 and 17 are renumbered Articles 22, 23 and 24.8)
The amendments resulting from this Decree shall apply to the organisation's procedure for the release of workers from the date of its effectiveness. The material security provided for in this Decree shall be for workers whose employment is terminated after 15 March 1979 and for workers who, within the same organisation, either go to another establishment or have a substantial change in their employment after that date.
This decree shall take effect on the day of its publication.
Minister:
Štancež v. r.
1) Decree No. 157 / 1975 Coll., on the regulation of wage development and remuneration of work.
2) In particular Decree No. 33 / 1974 Coll., on allowances and refunds to be granted to staff recruited by the National Committees.
3) In the third part of the Decree, the conditions for entitlement to physical security before the start of the new employment (in particular the contribution before the start of the new employment provided by the District National Committee) remain unchanged in paragraphs 4 to 7.
4) For example, Decree No. 33 / 1974 Coll., on Contributions and Refunds made available to staff recruited by the National Committees, Decree of the Federal Ministry of Labour and Social Affairs of 3.11.1976 No F V / 1-1046 / 76-1112 on the provision of formalities for workers and apprentices, obtained by recruitment and intra-ministerial transfers from other areas of the CSSR to selected organisations in the territory of Prague (registered at the amount of 29 / 1976 Coll.), Decree No. 62 / 1970 Coll., on the provision of recruitment allowances and other benefits to residents in the defined territory of the border, Decree No. 96 / 1967 Coll., on Replacement, Directive of the Federal Ministry of Labour and Social Affairs of 14 January 1972 No II / 1126 / 72-7501 on the implementation of certain provisions of Decree No. 96 / 1967 Coll.
5) See also § 1 (1) (e) and (f) of Decree No 112 / 1975 Coll.
6) The rights arising from the social security of workers covered by this decree are governed by Decree No. 128 / 1975 Coll., implementing the Social Security Act, in particular in the provisions of Sections 2, 11, 14, 15 and 136.
7) See also § 2 (1) (a) of Decree No. 143 / 1965 Coll. as amended by Decree No. 113 / 1975 Coll.
8) They contain provisions on the repeal of Decree No. 86 / 1967 Coll., as amended by Decree No. 132 / 1968 Coll., a transitional provision and provisions on the effective date of Decree No. 74 / 1970 Coll. (17.7.1970); the provisions remain unchanged.
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Regulation Information
| Citation | Decree No. 4 / 1979 Coll., amending and supplementing Decree No. 74 / 1970 Coll., governing the release, placement and physical security of workers in connection with the implementation of rationalisation and organisational measures |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.01.1979 |
|---|---|
| Effective from | 23.01.1979 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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