Government Decree No. 42 / 1945 Coll.

Regulation on the provision of leave to employed university listeners

Valid Effective from 27.08.1945
42.
Government Regulation
of 24 July 1945
on the provision of leave to employed university listeners.
The Government of the Czechoslovak Republic orders, with the consent of the President of the Republic pursuant to § 138, paragraph 1 of the Act of 13 May 1936, No 131 Coll., on the defence of the State:
§ 1.
(1) Employees who, for the closure of universities on 17 November 1939, have had to discontinue their studies at a national university and wish to finish them now, shall be granted unpaid leave at their request by the employer. Until the completion of the studies, if they do so within one year of taking up their leave, these staff members shall maintain their employment relationship if they lasted on 1 May 1945.
(2) The completion of the studies referred to in paragraph 1 shall mean the performance of the examinations required for admission to a place for which a pre-university education is required.
(3) The staff member shall apply for leave no later than 30 September 1945. The application shall be accompanied by the confirmation by the university that the conditions referred to in paragraph 1 are met and that the applicant is registered as a proper listener at that school or is in the state of final examinations.
(4) The rights and obligations arising from the employment relationship of the staff members referred to in the preceding paragraphs shall rest for the period of leave. However, during this leave (Section 3), the insurance obligation of public sickness and pension insurance remains unaffected. The insurance is paid by the whole employer. The amount of the premium shall be determined by the Minister for Labour and Social Welfare by a decree in the Official Journal. In a public pension scheme, the period of unpaid leave (paragraph 1) shall be eligible for the right to rest pay (provision) and their area.
§ 2.
If there is a risk that serious disturbances in the proper running of the plant (office, institute) would occur by the immediate departure of the worker and thereby the important public interest is threatened, the county labour protection office may defer, at the employer's request, the entry of leave for a maximum period of one month from the date on which the employee applied for it.
§ 3.
(1) A staff member who has been granted leave under Paragraph 1 (1) and who claims to maintain his employment relationship shall be obliged to return within 14 days of the end of the studies.
(2) If the staff member does not return within the time limit laid down in paragraph 1, his current employment relationship shall be deemed to have ceased on the day of completion of the studies, unless he is prevented from entering the service on an important basis without fault. In this case, the employer must be informed in due time. The importance of the reason will be assessed by the County Labour Protection Office.
(3) Prior to the completion of the studies, the employment (service) relationship, established by a private law agreement, may be cancelled only with the agreement of the District Office of Labour Protection.
§ 4.
(1) An employer who acts against the provisions of this Regulation is committing a criminal offence which is prosecuted by the county labour protection authorities in accordance with the degree of wrongdoing of an order fine of up to 10,000. -K or district national committees on a proposal from the County Labour Protection Office with administrative penalties up to 100,000. -K or prison within a year or both of these punishments.
(2) Paragraph 1 shall not apply to public employers.
§ 5.
The regulations and arrangements for employees are more unaffected.
§ 6.
This regulation applies only in Czech countries, takes effect on the date of its publication and also applies from 1 June 1945; they shall be carried out by the Minister for Labour and Social Welfare in agreement with the ministers involved.
Fierlinger v. r.
Ursines v. r.
David v. r.
Gottwald v. r.
Gen. Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr. Unedible v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Hala v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.
Majer v. r.
Lichner v. r.

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Regulation Information

CitationGovernment Decree No. 42 / 1945 Coll., on the provision of leave to employed university listeners
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation27.08.1945
Effective from27.08.1945
Effective until-
Status Valid
The regulation text is for informational purposes only.
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