Decree No. 42 / 1975 Coll.
Decree of the Central Council of Trade Unions on Dispute Settlement and Dispute Settlement by Arbitration Committees
Valid
Effective from 01.07.1975
42
DECLARATION
Central Trade Union Councils
of 7 April 1975
on discussion and decision-making of labour disputes by arbitration committees
In agreement with the Federal Ministry of Labour and Social Affairs, the Federal Ministry of Finance, the Ministry of Justice of the Czech Socialist Republic and the Ministry of Justice of the Slovak Socialist Republic, pursuant to Section 216 of the Labour Code No. 65 / 1965 Coll. as amended (full version No. 42 / 1970 Coll.) and Act No. 20 / 1975 Coll., amending and supplementing certain other provisions of the Labour Code ("the Code"):
Arbitration Committee
Disputes pending by the Arbitration Committees
(1) The Arbitration Commission (hereinafter referred to as the "Commission") shall discuss and decide in arbitration working disputes between the organisation and the worker on the content of the certificate of employment, on the content of the opinions on work and on the proposal of the worker on the abolition of the disciplinary measure. Other disputes concerning rights arising from the employment or school relationship and from non-employment agreements (hereinafter referred to as employment) shall be discussed:
(a) if the contested claim is lodged with the Commission at a time when the employment is still ongoing;
(b) if, for the same reason, the rights arising from the organisation are against several workers, if at least one of them is in employment with the organisation at the time of entitlement.
(2) The Commission does not discuss labour disputes concerning the formation and termination of employment and claims arising therefrom, as well as labour disputes involving the head of the organisation or organisational unit in which the commission is established and, where appropriate, its representative. In addition, they shall not discuss disputes concerning remuneration provided for inventions, improvements and industrial designs, disputes concerning corporate housing, sickness insurance or social security, and other disputes concerning claims other than employment relations.
(3) The Commission will only discuss a claim for damages brought by a worker to an organisation by a criminal offence, offence or offence if the claim for damages is no longer in the context of proceedings for such an offence or if the competent authority has not already ruled on the claim for damages in the context of such proceedings. If the Commission finds that such a claim is pending before the competent authority, it shall await its outcome; the final decision that this is a crime, offence or offence and who committed it is binding on the Commission.
Establishment of commissions
(1) The Commission is established in the basic organisations of the Revolutionary Trade Union Movement of those organisational units in which there are at least 500 workers in employment and in State and cooperative trade organisations and the local economy in which there are at least 100 workers in employment. Apprenticeship and non-employment employment agreements shall not be taken into account. In the case of fewer workers, the Commission shall, with the agreement of the Regional Trade Union Council, be established if the Revolutionary Trade Union Movement (hereinafter referred to as "the Racing Committee ') is of use.
(2) The Commission may also be set up in those corporate committees of the Revolutionary Trade Union Movement which have been entrusted with the powers of the Racing Committee.
(3) In the field of education managed by district national committees, commissions are set up in the district committees of the Union of Education and Science Workers' Association, in the field of education managed by regional national committees of the Regional Unions of Education and Science Workers' Association.
(1) The members of the Commission in the basic organization of the Revolutionary Trade Union Movement are elected by the members meeting or conference of this basic organisation by public vote. The members of the board of directors of the Revolutionary Trade Union Movement are elected by the conference of delegates of those fundamental organisations of the Revolutionary Trade Union Movement whose offices the commission is to be responsible for. The members of the committee set up in the field of education are elected by the plenary session of the district or regional committee of the trade union. The Commission shall have at least seven members. The number of members of the committee shall be determined by the race committee, taking into account the size and structure of the organisation, the nature, scale and issues of the organisation's activities. The number of members of the Committee established by the Revolutionary Trade Union Movement or in the field of education shall be determined by the trade union body in which the Committee is established.
(2) Only a member of the Commission may be a member of the basic organization of the Revolutionary Trade Union Movement, for which the Commission is responsible, who has reached the age of 18, unless he has been deprived of legal capacity or whose legal capacity has not been limited. However, it cannot be the head of the organisation or organisational unit in which the commission is established or its representative.
(3) The Commission shall be constituted by the election of at least seven members. The members of the Commission shall elect from among their number the chairman of the Commission and its representative by a majority of all members of the Commission.
(4) The establishment of the Commission shall be notified without delay by the Steering Board (Enterprise Committee of the Revolutionary Trade Union Movement, Regional or Regional Committee of the Union of Education and Science Workers' Association) of the collective staff, the management of the organisation, the District Court and the Regional Trade Council responsible for the seat of the Commission. Where there is a commission set up in the company committee of the Revolutionary Trade Union Movement or in the field of education, responsible for workplaces in several counties, all district courts and district trade unions in those counties shall be notified.
(1) The term of office of the Commission shall be four years. If a new commission is not elected before its expiry, the term of office shall be extended until its election, but not more than six months.
(2) During the term of office, an additional election may be made for a member who has renounced or withdrawn his or her office or who has lost his / her capacity to be a member of the Commission (§ 3 (2)). However, the additional choice must always be made if the racing committee states that the number of members of the Commission shall be increased (Paragraph 3 (1)) or reduced to less than seven.
(3) The member of the panel may withdraw from office the authority which elected him.
Arbitration procedure
Initiation of arbitration
(1) The arbitration procedure shall be initiated on a proposal from a worker (former worker) or an organisation. The proceedings shall be initiated on the date of submission of the proposal to the Commission.
(2) The proposal may be used to decide in particular:
(a) the fulfilment of an obligation arising from legislation, employment relationship or infringement;
(b) abolishing the punitive measure;
(c) determining whether there is or is no employment relationship or law, or whether a legal act has been taken validly if there is an urgent legal interest in this.
(3) The application shall be made in writing or orally. The written proposal shall be submitted to the designated member of the commission, the official of the organisation responsible for the organisation in agreement with the organisation, the post office of the organisation or the official of the organisation responsible for receipt of the documents. The oral proposal shall be made in the minutes drawn up by the committee member or the member of the organisation responsible for that committee in agreement with the organisation. The written application shall be submitted on the date of its service and the oral application shall be submitted on the date of the registration. A written motion to abolish the punitive measure shall also be made by submitting it to the Post Office.
(4) The proposal must state who is making the proposal, what it is applying and against whom the proposal is directed (the defendant), as well as the facts relevant for the assessment of the proposal and how it can be demonstrated. If the proposal is incomplete, the committee shall ensure its completion. The text of the proposal shall be sent by the committee to the opponents.
(5) The application may be withdrawn or amended by the appellant in the manner referred to in paragraph 3, or during the hearing before the panel, until the panel has approved the conciliation agreement or decided on the dispute.
(6) The Commission, by its decision, will suspend the arbitration procedure
(a) If the applicant returns the application,
(b) if the senior officer who has imposed the punitive measure fully accepts the worker's proposal to abolish the punitive measure.
(7) In the decision to terminate the arbitration procedure, the panel shall also decide on the costs of the proceedings on the worker's proposal. The decision to terminate the procedure shall be drawn up in writing and served on all the parties. The parties may object to this decision (Paragraph 13).
(1) The application shall be lodged with the committee responsible for its deliberations.
(2) In order to discuss the proposal, the committee responsible is set up in the basic organisation of the Revolutionary Trade Union Movement of the organizational unit in which it has a permanent worker who is a party to the proceedings (§ 1 (1)). The proposal may also be discussed by the committee responsible for the workplace on which the claim was established; the panel to which the application has been lodged shall discuss the dispute. In the field of education, only the committee set up pursuant to Paragraph 2 (3) is responsible for discussing the proposal.
(3) If the committee is not competent to discuss the proposal, it shall immediately deliver it to the committee in the organisation which is competent and inform the appellant thereof.
(4) If the Commission is not competent in the organisation of the proposal, or if an application for a dispute has been submitted to the Commission, which is not discussed by the arbitration panel (§ 1), the panel shall immediately return it to the appellant, informing the appellant that the hearing of the application is within the jurisdiction of the court or, where appropriate, of another body.
Meetings of the Commission
(1) The President of the Commission, or, where appropriate, his representative or any other authorised member of the Commission, hereinafter referred to as "the President of the Commission," shall determine the place and time of the hearing in such a way that, if possible, it does not interfere in working time and normally ends no later than 30 days after the initiation of the procedure. In cases where this is necessary, particularly in more difficult disputes, the opposition's position may be established in advance in the preparation of the negotiations, an attempt to resolve the dispute amicably, shortcomings in the participants' proposals may be remedied and evidence may be ensured.
(2) The President of the Commission shall invite the parties to the dispute (their representatives) and other persons whose presence is needed to clarify the facts. If a minor is a participant, he shall also invite his legal representative, and if he is a worker to whom a guardian has been appointed by the court, his guardian. 2)
(3) In the interests of efficiency and effectiveness, the President of the Commission may, for joint discussion, combine proposals submitted to the Commission and relating to the content or to the same participants.
(4) Where there are issues in the proposal which are not suitable for joint discussion or where the reasons for joint discussion are lost, the President of the Commission may exclude a case for separate discussion.
(1) The Commission may act if an absolute majority of its members are present. An absolute majority of the members present shall be required to take a valid decision by the Commission and to approve the conciliation. The committee shall be chaired by its chairman.
(2) A member of the Commission shall be excluded from participation in the proceedings where, in view of his or her relationship with the case at hand, the participants or their representatives may have doubts as to his or her unbiased nature. The panel shall decide whether a member of the commission is excluded; the member whose exclusion is concerned shall not take part in the vote.
(3) The Commission may also discuss and decide disputes in the narrower committees of at least three members. The Commission, its members and the Chairperson shall designate the panel for the entire term of office; The Commission may set up or cancel a restricted committee or amend its composition during its term of office only in urgent cases. A closer commission may act if an absolute majority of its members are present, but at least three. An absolute majority of the members of the narrower committee present shall be required for a valid decision of the Narrower Commission and the approval of the Conciliation. In the rest, the provisions on the proceedings of the Commission shall apply to the proceedings of the Narrow Commission. The Racing Committee may lay down details of the setting-up of closer commissions.
(1) The parties to the dispute are to be present. If a party fails to appear at the hearing, the hearing may be held in his absence only if he has given his consent in advance or if his representative has reached the hearing, otherwise the panel shall postpone the hearing for a reasonable period of time. If a participant or his representative does not appear without a reasoned apology or delay, although he has been duly invited to it, the hearing may also be held in his absence.
(2) The proceedings of the panel shall be open to all staff of the organisation, staff or representatives of the bodies of the superior organisation, higher trade unions, state bodies and social organisations. The Commission may exclude their presence where public proceedings would jeopardise State, economic or professional secrecy or the important interest of the participants. The presence of a legal representative of a youth worker, a guardian, and, where they have been appointed to attend the hearing, representatives of the authorities of the superior organisations, senior trade unions and state bodies shall not be excluded. However, the Commission will draw their attention to the criminal consequences of violating such a secret. Approval of the conciliation and decision on the dispute must always be published in public.
Clarification of the contested claim
(1) The Commission must ensure that the actual situation of the case is established as fully, efficiently and quickly as possible during the negotiations.
(2) The Commission will open negotiations on the basis of a report by its President. The Commission shall hear the views of the parties, examine their accuracy on the basis of the supporting documents submitted and, if necessary, obtain additional documents and hear other persons who may contribute to the clarification of the case. The committee will advise these persons that they are obliged to tell the truth and not to keep anything quiet.
(3) If the decision to examine the facts on which expertise is required depends, the panel shall, after hearing the parties, appoint an expert. The Commission shall hear the expert; may also require that the opinion be drawn up in writing. Instead of questioning the expert, the commission may, where appropriate, be satisfied with its written opinion.
(4) Participants and their representatives have the right to comment on the supporting documents, documents, expert opinions, statements of other participants and persons invited to clarify the case; they may ask questions to such persons, with the agreement of the President of the Commission.
(5) If this is necessary to clarify the matter, in particular in order to establish other relevant facts, the panel may postpone the hearing for as short a time as possible so that, even in this case, the arbitration procedure may normally end within 30 days of the submission of the proposal.
Peace
In particular, the Commission seeks to settle the dispute by conciliation. If reconciliation is reached, the Commission shall approve it if it does not oppose legislation. Approval of the Conciliation shall be declared by the President of the Commission, who shall advise that no objection to the Conciliation Approval is admissible. Within 15 days of the approval of the conciliation, the panel shall deliver to the participants, in person or by post, as a registered consignment, a copy of the minutes of the hearing, or, where appropriate, of the part thereof, in which the approved settlement is contained. The Commission shall be bound by the agreed settlement.
Decision
(1) If conciliation is not achieved, or if the conciliation has not been approved by the Commission, the Commission shall evaluate the outcome of the deliberations in a non-public consultation and in accordance with the law on the dispute. 4)
(2) In its decision, the Commission can only admit more than what the appellant seeks if the legislation provides for a method of settling the relationship between the parties. The decision to impose a disciplinary measure (Section 81 (1) of the Code) can only be confirmed or annulled by the Commission, but it cannot change it.
(3) The decision of the Commission shall be given by its chairman with a brief statement of the reasons and instructions for the possibility of objecting to the decision. The Commission shall be bound by the declared decision. The written copies of the decision shall be forwarded by the panel to the participants within 15 days of the date of publication of the decision.
(4) The written copy of the Commission's decision shall contain the designation of the arbitration panel, the precise names of the participants, the names of their representatives, the description of the case in question, the wording of the operative part, the statement of objections, the date and place of publication of the decision and the signature of the President of the Commission.
Opposition against the Commission's decision
(1) A party may object to the panel's decision within 15 days of the receipt of its written copy. Opposition shall also be made in good time if it is lodged after the expiry of the 15-day period because the party to the dispute has followed the incorrect advice of the Panel on Opposition. If the decision does not contain a proper statement of objections, objections may be lodged within three months of notification.
(2) The objections shall be made in writing or orally as referred to in Article 5 (3). The time limit for submitting objections shall also be maintained where written objections to the last day of the period (paragraph 1) are submitted for dispatch to the post office.
(3) The objections shall state in what and for what reason the decision is considered to be incorrect or, where appropriate, what other evidence the claim claimed can be established or refuted and what decision is proposed.
(4) Where objections have been lodged after the time limit referred to in paragraph 1, the panel shall inform the tenderer who made them. At the request of the tenderer, the panel shall waive the delay in submitting objections if the party or his representative has missed it for an justifiable reason and the objections have been lodged within 15 days of the end of the obstacle; in which case the opposition shall be deemed to have been lodged within the time limit set. In other cases, the Commission shall reject the request for immunity. Any decision of the Commission which has been rejected by a request for remission of the time limit may be objected to by the party making the request within 15 days of receipt of the written copy of the decision (paragraph 2). The objections raised against the Commission's decision to which the request for remission of the time limit has been rejected shall have the effects set out in Paragraph 212 (2) of the Code on that decision.
(5) The written copy of the decision to waive or refuse the time limit shall be served on both parties. The Commission's decision shall give a brief statement of reasons. The decision rejecting the request for remission of the time limit shall contain an indication of the possibility of objecting to it.
Legal power and enforceability
(1) The Conciliation approved by the Commission and the decisions of the Commission against which no objections have been raised within the time limit laid down shall become final.
(2) Where the Commission has decided on several rights with a separate factual basis or on the rights of several participants, the legal power of that part of the operative part of the statement against which no objections have been raised within the prescribed time limit shall not be affected. This does not apply if the decision of several participants and the law shows a certain way of settling the relationship between them.
(3) The decision of the Commission against which objections are not admissible shall become final on the date of service of the written copy of the decision to the tenderers. The decision of the Commission, which shall not be delivered to the participants, shall become final on the date of its publication.
(4) Where a time limit has elapsed under an approved settlement or under a final decision, the panel shall, at the request of the tenderer, confirm its enforceability.
(5) Once the matter has been approved or decided definitively, it cannot be renegotiated.
No outcome of the proceedings
(1) The arbitration procedure shall be final if objections have been brought to the decision of the panel within the prescribed time limit or if the party has proposed that the dispute be referred to the court for further consideration, since within 30 days of the application for the initiation of the arbitration procedure, neither the conciliation nor the decision have been approved.
(2) An application to refer a dispute to a court pursuant to paragraph 1 may be made by a party to the panel in writing or orally.
The Commission shall immediately send objections or applications for referral and file evidence of the dispute to the district court in whose district the commission is situated and inform the parties thereof. It shall simultaneously send the same statement of objections to the other party.
Repeal of approval of the conciliation or final decision
(1) The Commission, acting on a proposal from a party to the conciliation or its final decision, shall withdraw the approval of the conciliation or its final decision if serious circumstances have subsequently been established which it could not use without its own fault in the dispute and which justify a significantly more favourable decision in its favour and decide again if the latter fails to reach a settlement (§ 11). However, if it finds that the application is unfounded, it shall reject it.
(2) An application for revocation may be filed by the participant only within three months of the date on which he became aware of the circumstances justifying the proposed amendment, but not later than three years after the legal authority of the agreed settlement or decision.
(3) The provisions concerning the submission and discussion of an application for the opening of arbitration procedures shall apply mutatis mutandis to the submission of a proposal and its discussion by the commissions.
(4) The Commission shall decide on the proposal by a decision to be given by its chairman with a brief statement of reasons and with a statement of objections. A written copy of the decision rejecting the application shall be forwarded by the panel to the participants within 15 days of the date of publication. Paragraph 12 (4) shall apply mutatis mutandis to its contents.
(5) If the Commission rejects the proposal as unfounded, the participant may object to the decision pursuant to Article 211 (1) of the Code; Paragraph 212 (2) of the Code applies to the opposition proceedings.
General provisions
Minutes and other file material
(1) The minutes of the hearing shall be drawn up by the panel, indicating in particular:
(a) the designation of the commission, the names and surnames of the chairman, the registrar and the members present at the hearing;
(b) the place, time and subject matter of the hearing;
(c) the names and surnames of the participants and their representatives (in addition to the organisation's name, the name and surname of the official assigned to the organisation),
(d) a brief description of the conduct of the hearing and the content of the statements of the participants and other persons heard,
(e) a record of any public exclusion;
(f) the full text of the settled settlement and its approval or the decision of the Commission with a brief statement of reasons;
(g) a record of the lessons learned by the participants, in particular the possibility of objecting to the Commission's decision.
(2) On postponement of the hearing, the panel shall draw up a separate minutes of each hearing, indicating that it is a continuation of the hearing.
(3) The minutes shall be signed by the President of the Commission and the Registrar; If a settlement has been concluded, it shall also be signed by the participants.
(4) The Commission shall keep a list of proposals submitted, to which they shall be entered:
(a) the application for the opening of an arbitration procedure, indicating the date on which it was lodged, the name and surname (s) of the applicant and the opposing party and the brief indication of the subject-matter of the dispute;
(b) the date of publication of the decision of the Commission on the dispute (approval of the conciliation) and the date of service of its written copy (copy of the minutes of the hearing or part thereof) to the parties;
(c) objections to the decision of the panel, indicating the date on which they were lodged and the name (s) of the party (s) making those objections;
(d) an application to refer the dispute to the court if, within 30 days of the initiation of the arbitration procedure, no settlement has been approved or a decision has been given, indicating the date on which the application was lodged and the name (s) of the party making the application;
(e) the dispatch of the file to the court in the event of a failure to complete the proceedings, indicating the date of dispatch;
(f) an application for annulment of the final decision of the Commission (approval of the conciliation) submitted by a participant pursuant to Article 17, indicating the date on which the application was lodged and the name (s) of the party making the application.
(5) The organisation shall provide the necessary equipment room free of charge to the commission and ensure that the management files, in particular the list of proposals submitted and the minutes of the proceedings, are kept properly, for at least 10 years from the end of the proceedings. 5)
Service
Paragraph 266a of the Code shall apply mutatis mutandis to the service of documents of the Commission. 6)
Responsibility and methodological management of commissions
(1) The Committee shall be responsible for the proper implementation of the arbitration procedure for the membership meeting (conference) of the basic organization of the Revolutionary Trade Union Movement. When deciding, the Commission shall be bound only by legislation.
(2) The activities of the commissions are methodically managed by the district trade union councils, which maintain the lists established by the commissions. In cooperation with the racing committees, they shall monitor the implementation of arbitration in terms of respect for socialist legality.
Dissolution of the Commission
(1) The Commission will cease to exist if the basic organisation of the Revolutionary Trade Union Movement in which it was established or the institution in which it was established ceases to exist or if its term of office expires and the new commission is not elected within six months of the expiry of its term of office.
(2) The trade union body referred to in Article 3 (4) shall immediately inform the Commission of the demise of the collective staff, the management of the organisation, the district court (district courts) and the district trade union board (district trade unions) which have been notified of the setting-up of the commission.
The Commission shall draw the attention of the parties to the legal consequences of such termination at the time of its termination and shall forward the files on the end and end disputes to the Regional Trade Union Council within its jurisdiction. After the expiry of the commission, the Regional Trade Union Council shall, at the request of the party, confirm the enforceability of the agreed settlement or final decision.
This decree shall take effect on 1 July 1975.
Chairman:
Hoffmann v. r.
1) Paragraph 6 of Decree No. 172 / 1973 Coll., on the Releasing of Workers from Employment to a job in the Revolutionary Trade Union Movement applies to the release of members of the Commission.
(2) For any costs, see Section 215 (3) of the Code: "An organisation which is a party to the dispute shall be obliged to pay the persons who have been invited to the hearing and who have not been parties to the dispute the expenses incurred by their participation in the proceedings and to pay them compensation for the salary or, where appropriate, the fees."
(3) Paragraph 215 (1) of the Code states that if the arbitration procedure is terminated by an agreement, none of the parties to the dispute shall be entitled to pay the costs unless otherwise agreed in the conciliation. "
(4) Paragraph 215 (2) of the Code states in respect of the right of a worker to reimbursement: "If the arbitration procedure does not end with the approval of the conciliation, the successful worker shall be entitled to the organisation to pay the costs effectively incurred to exercise his right, including any costs of representation and compensation. If the success is only partial, it shall be entitled to compensation for a proportion of those costs; However, the panel may grant him full reimbursement of the costs if the failure was only in a relatively small part or if the decision on the level of performance depended on the expert opinion. The Commission shall determine the obligation to refund and the amount of the refund in the decision on the dispute. '
5) In order to ensure the functioning of the Arbitration Committees, paragraph 15 of Resolution IV of the General Assembly on the Competition Committees of the Basic Organisations of ROH states: "For the organisational, cultural, educational and other activities of the Basic Organisation of ROH and its management bodies, it shall provide a free of charge to the Competition 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 rooms hired by the management of the organisation for these purposes. '
(6) Paragraph 266a of the Code provides for service: "(1) The documents of the organisation concerning the creation and termination of employment or the creation, modification and termination of the obligations of the worker arising from the employment contract, as well as the decision to impose disciplinary measures, must be delivered to the worker in his own hands. This shall apply mutatis mutandis to documents relating to the creation, amendment and termination of rights and obligations arising from work agreements outside the employment relationship. Documents shall be delivered to the worker at the workplace, his apartment or wherever he is found; If this is not possible, the documents may be delivered by post. (2) Documents delivered by post shall be sent by the organisation to the last address of the worker known to it as a registered consignment bearing the note" to his own hands. "(3) The obligation of the organisation to service the document is fulfilled as soon as the worker has taken over the document or when it has been returned by post to the sending organisation as unserviceable and the worker has thwarted the service of the document by acting. The effects of service shall also occur if the worker refuses to accept the document. '
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Regulation Information
| Citation | Decree of the Central Council of Trade Unions No. 42 / 1975 Coll., on Dispute Settlement and Dispute Settlement by Arbitration Committees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.1975 |
|---|---|
| Effective from | 01.07.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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