Government Decree No. 45 / 1957 Coll.
Regulation on improvement proposals
Valid
Effective from 15.08.1957
45
Government Regulation
of 2 August 1957
on improvement proposals.
The Government of the Czechoslovak Republic orders pursuant to § 31 paragraph 5 and § 32 paragraph 1 of Act No. 34 / 1957 Coll., on inventions, discoveries and improvements:
Improving proposal
(1) The aim of the improvement proposals is to achieve higher and more cost-effective production, to improve the quality of products, work or services, to increase social and cultural care of workers by improving means of production and working methods or by making better use of them.
(2) Proposals of a production, technical, organisational and economic nature shall be considered to be improvement proposals which allow improvements in known technology, technology, design, test and research methods, as well as products, or to make more efficient use of equipment, raw materials, materials, fuels, manpower, energy, production area and other resources, or to make investment construction more efficient, or to improve safety and protection of work, safety of operation, system of management, supply, registration, technical standards and so on.
Improving proposals shall not be regarded in particular as:
(a) discoveries or warnings of bearings or deposits of natural wealth;
(b) measures resulting from the operational management of undertakings and of lower economic components;
(c) an indication that the legislation is not maintained (e.g. the law, technical standard);
(d) setting out the task, unless the method of solution is proposed;
(e) recommendations for the purchase of new equipment or material available;
(f) the removal of deficiencies and errors caused by negligence;
(g) recommendations on how to treat diseases and protection against diseases.
(1) Where an improvement proposal has been submitted in the same undertaking in accordance with the previously rejected proposal of another enhancer, such a proposal shall be deemed to be merely an indication of the possibility of using the previously rejected proposal. If the proposal is introduced, even on another initiative, the original enhancer shall be entitled to remuneration. The person who pointed out the possibility of using the proposal shall pay the remuneration provided for in Article 23 (3).
(2) The provisions of the preceding paragraph shall not apply to improvement proposals submitted three years after the date on which the original improvement proposal was rejected. At the end of this period, the original improvement proposal shall not be taken into account.
(3) The Regulation uses, unless otherwise specified by the nature of the case, the term "undertaking" also for other economic organisations and for the organisation of the budget and the term "improvement" also for those who are working on their improvement or who have just applied for the improvement proposal.
Scope of state bodies and organisations
The State Office of Inventions and Standardisation (hereinafter referred to as "the Office ') shall, in addition to its competence, carry out the following tasks, in particular:
(a) prepare, in agreement with the participating central authorities and authorities, draft legislation governing fundamental issues of improvement proposals; in the context of the authorisations concerned, issue more detailed legislation on them; participate in the issuance of legal standards by central authorities and bodies containing guidelines on organisation, discussion, testing, implementation, dissemination of improvement proposals and the conclusion of recovery and remuneration agreements;
(b) monitor the problems of the improving movement abroad and ensure the exchange of experience;
(c) unifies the activities of central authorities and bodies in the field of improvement proposals;
(d) require, within the framework of the approved reports, reviews and analyses of the improvement movement in their field of competence and reports to the Government on the state of the improvement movement and proposals for measures to develop it;
(e) in cooperation with the authorities of the Revolutionary Trade Union Movement, ensure the development of an improvement movement.
In addition to the powers specifically set out in the Act and in the provisions of this Regulation, central authorities and authorities shall perform the following tasks in particular:
(a) issue, in agreement with the Office and with the relevant Central Trade Union Committees, detailed guidelines for the organisation of the improvement movement, for the negotiation, testing, implementation, use and dissemination of improvement proposals and for the conclusion of agreements on the use of and remuneration for improvement proposals (hereinafter referred to as the "Utilisation and Reward Agreement"); in the field of government, the standard directive shall be issued by the Minister of Finance in agreement with the Minister of Interior and the President of the Office;
(b) organise the identification of the possibilities for the use of improvement proposals in the national economy, ensure that proposals of pre-corporate importance are extended and ensure that such proposals are implemented in technical standards;
(c) ensure that subordinate undertakings ensure adequate spare capacity and experts for the development, testing and implementation of improvement proposals;
(d) exchange experience with other central authorities and authorities on the organisation of work with improvements and on the introduction of improvement proposals;
(e) organise the provision of advice and assistance to improvements in their field of competence;
(f) ensure that effective documentation of improvement proposals in their field of competence is built and maintained in the central office or body and ensure that similar documentation is built in subordinate bodies and undertakings;
(g) draw up and declare a plan for sectoral thematic tasks and list contests to address them; publish publications, leaflets, posters and the like;
(h) control the activities and tasks of their subordinate undertakings and inform the Office of the state of the improvement movement, indicating the shortcomings and merits of the improvement;
(i) develop an improvement movement in cooperation with the relevant Central Committee of the Trade Union.
The tasks of the enterprise in the field of improvement proposals include in particular:
(a) carry out investigations on the possibility of making use of improvement proposals, develop and test beneficial proposals, ensure their speedy implementation, conclude recovery and remuneration agreements and pay remuneration to the improvement and persons involved in the development, testing, implementation or extension of improvement proposals;
(b) to give due care and support to the development and use of the creative capabilities of improvement makers aimed at addressing issues beneficial to the national economy;
(c) provide free advice and assistance to improvement workers, as well as enabling them to use the equipment, tools and material of the enterprise necessary for the production and testing of test samples, unless it suffers from production, operation or safety of work;
(d) to transmit supporting documents to the authorities and other undertakings in order to extend the proposals as quickly as possible;
(e) proclaim thematic tasks and organise competitions to deal with them;
(f) to ensure the production capacity, financial and other means and experts for the development, testing and implementation of improvement proposals within the relevant plans;
(g) organise the development of an improvement movement in cooperation with the basic organisations of trade unions.
Undertakings designated in the Directives by the heads of central authorities and bodies shall be required to set up inventions and improvement services to an extent appropriate to their tasks.
Management of improvement proposals
(1) Improvements shall be made in principle in writing. If an improvement is not able to submit a proposal in writing, the firm shall assist it by writing an improvement proposal.
(2) The proposal shall contain a description to which it shall be attached, if necessary, the drawing concerned. The description shall explain what method of work so far or what means of work have been used so far, their disadvantages and the proposed ways of improvement.
(3) Where an improvement proposal for a valid technical standard is concerned or where it creates conditions for the development and publication of a new technical standard, the improviser shall also indicate this circumstance, if known.
(4) All the improvements received shall be recorded in a diary, which shall be kept in accordance with the model issued by the Office. A written confirmation shall be issued to the improvement of the application in the journal. The diary must be bound and properly paved.
If several improvements are submitted and do not indicate the proportion of each of them, they shall be entitled to equal remuneration against the undertaking.
(1) The improvement proposal shall be submitted to the undertaking or its constituents whose field of work or operation is concerned; If there is an improvement in the administrative sector, a proposal shall be made to the undertaking which is entitled to introduce improvements under the legislation in force.
(2) Those in employment are obliged to submit an improvement proposal in the undertaking in which they are employed in relation to the design of the work or operation of that undertaking.
(3) If the undertaking to which the improvement proposal has been obtained is not competent, it shall forward the proposal to the undertaking concerned without delay.
(1) If the improvement proposal is not technically clear or complete, the undertaking shall invite the enhancer to technically clarify or supplement the proposal within the prescribed period.
(2) Where an improvement complies with the call referred to in paragraph 1 after the deadline laid down, the application shall be deemed to have been made on the date on which the clarification or addition took place.
An improvement proposal shall be submitted to the undertaking to investigate whether it is beneficial, whether it meets the requirements of safety at work, or whether it is intended to amend, supplement, revise or repeal or to develop a new standard. Within 30 days of milking, after completion of the improvement proposal, the undertaking must inform the improvement worker whether it will implement the proposal or reject its introduction, or whether a more comprehensive investigation will be necessary on the improvement proposal or that it will test the proposal. A decision by an undertaking refusing to introduce an improvement proposal shall be communicated to the improvement authority in writing with detailed factual reasons.
If the proposal needs to be tested, the undertaking shall take immediate action to carry out the relevant tests and inform the enhancer to whom it proposes a cooperation agreement for testing. Testing of the proposal without the cooperation of the enhancer is only possible in specially justified cases.
(1) If an undertaking finds that the improvement proposal is beneficial, it will ensure that it is implemented and, except in cases where a work task has been performed by drawing up the proposal (Paragraph 21 (3)), it will take all measures to conclude an agreement on the use and remuneration of an improvement.
(2) Negotiations on the essential points of the Agreement, in particular on the cooperation of the appellant for the examination or implementation of the proposal, the method of determining the remuneration and the duration of its maturity must be concluded no later than 15 days after the date of notification that the undertaking will implement the proposal.
(3) The agreement with the parties to the undertaking is valid and binding if it has been made by a worker authorised to do so (the manager or his representative).
(4) Where the improvement with which the agreement is concluded is the head of the undertaking, the undertaking shall be represented by a superior body when negotiating to conclude the agreement.
(5) The Agreement contains, in particular, provisions on the cooperation of the Improved in drawing up drawings and the prototype, on testing and introducing the design and participation of the Improved in it, on the amount of remuneration, on the duration and manner of its maturity.
If a patent has been granted to the subject matter of the improvement proposal, the firm shall conclude a contract with the originator in accordance with Article 3 of the Act replacing the agreement on use and remuneration. The amounts paid shall be included in the remuneration for the use of the invention.
If the undertaking has refused to introduce an improvement proposal because it does not consider the introduction of the proposal to be beneficial and effective, the appellant may ask the superior authority to examine the opinion of the undertaking. The application shall be submitted within 30 days of the date on which the refusal to introduce the application was received through the undertaking which decided on the application. The undertaking shall, if it does not comply with the request itself, submit the application to the competent authority within 30 days of its submission for review; the decision of that authority is final.
Implementation of the improvement proposal
(1) The introduction of an improvement proposal shall be ensured:
(a) an order as to whether the proposal can be implemented without inclusion in the plan;
(b) through a technical organisation plan or technical development plan;
(c) approval of the technical documentation if the proposal was discussed during research, development, design or preparation of production
(2) National undertakings or other economic organisations shall designate or establish, in accordance with the guidelines of the central offices or bodies of the Centre or other departments, in particular the task of drawing up test models, identifying and demonstrating the use of firms with proven improvements.
(1) During the implementation of the improvement proposal or within the time limit specified by the Central Authority Directives, the undertaking shall make changes to technical and economic standards, technical documentation (technological procedures, drawings, etc.) and calculate or initiate such changes.
(2) If the introduction of a proposal is not in accordance with a technical standard or other legislation, the proposal may only be introduced if the amendments to those provisions are made, which permit the introduction of the proposal.
Expansion of improvement proposals
(1) The tested improvement proposals which are relevant to other undertakings are required to be submitted by undertakings within 30 days after the examination to the authorities and otherwise to take care of their use in other undertakings.
(2) For the purpose of ensuring the extension of the improvement proposal, the authorities of the superior undertaking, who first entered into an agreement with the appellant on the use and remuneration or introduced the proposal, are responsible.
(3) Undertakings that have reached an improvement proposal for enlargement are obliged to discuss the proposal as if it had been directly registered in the company.
(4) Proposals of national importance are urgently published by the Institute for Technical and Economic Information in the Collection of Improving Proposals.
(5) The arrangements for the transmission, dissemination, consultation and registration of proposals will be determined by the central authorities and bodies in the Directives for their field of competence.
An undertaking which has put in place a proposal submitted to it for extension or published in publications intended for the dissemination of improvement proposals shall be obliged to report it within 30 days to the superior authority responsible for the extension of the improvement proposal and to the enhancer. The undertaking shall also inform the superior authority of the amount of remuneration paid.
Rewards and benefits
(1) The right to remuneration arises after the introduction of the improvement proposal.
(2) The remuneration is also due when the subject matter of the improvement proposal has already been introduced at the initiative of the enhancer and with the company's knowledge before the improvement proposal is submitted, if the proposal was submitted within 3 months after the introduction.
(3) The entitlement to remuneration is not, if the improvement is carried out by an improvement proposal, the task assigned to it by a work plan or a work order and the task is fulfilled in a manner not exceeding the limits of the technical guidelines, directives or conditions.
(4) The provisions of paragraph 3 shall not apply to improvement proposals which have solved the declared thematic task.
(5) The remuneration for the use of the improvement proposal is negotiated in accordance with the directives on remuneration for improvement proposals (Section 32 (2) of the Act).
(6) If an improvement proposal is made not only in an undertaking that has entered into an agreement with an improvement partner but also in other undertakings, the improvement is entitled to a remuneration agreed with the undertakings that have implemented the proposal, following the case with their superior body.
(7) The claim for remuneration for the use of the proposal in other undertakings is not due if the proposal was introduced to them three years after the date on which the proposal was introduced in the first undertaking.
(1) If the improvement proposal results in a change in the applicable performance standard, the improvement provider shall, when working on the tasks of the proposal concerned, be entitled to a supplement equal to the difference in rates between the new and the old power standard for six months running from the date of introduction of the new power standard. If the proposal is the work of several improvement workers, each of them shall be entitled to the supplement only in the proportion in which they participated in the drafting of the proposal by those working on the tasks of the proposal concerned.
(2) A worker entitled to the supplement referred to in paragraph 1 may be transferred to another work for special reasons only if the competent trade union body so agrees. In the event of a transfer, he shall be entitled to a reasonable compensation. The same principles apply to the compensation agreement as to the remuneration agreement (Section 31 of the Law).
(3) A worker who has introduced foreign improvements at his own place of work on his own initiative shall be entitled to a supplement for a period of one month longer than that required for incorporation.
(4) The supplement referred to in paragraphs 1 and 3 shall be paid up to the level of the salary of the enhancer or of the person who introduced the foreign improvement at his place of work for the period for which the supplement is paid.
(1) For direct participation in the introduction and extension of the improvement proposal, the participant shall be remunerated in proportion to the importance of the proposal, the degree of assistance and the work effort.
(2) It is also for business, guild and workshop managers who have agreed to put in place improvement proposals in a speedy manner that is appropriate to the importance of the proposals, the degree of assistance and the work effort.
(3) A worker who draws attention to the possibility of making use of the improvement proposal introduced in another undertaking shall be remunerated if he makes use of the proposal for its notification; The remuneration shall not be the responsibility of the worker to monitor and propose the introduction of new techniques or new working methods.
(4) The remuneration shall be determined by the head of the undertaking; if the head of the undertaking is concerned, the amount of the remuneration shall be decided by the superior authority.
An undertaking shall, within 15 days of the date of the introduction of the proposal, issue an improvement certificate to the promoter with whom the recovery and remuneration agreement has been concluded, indicating the expected economic results; the model of this certificate shall be issued by the Office. The improvement certificate shall not be issued using the proposal in another undertaking.
(1) If the agreement on the use and remuneration of the disagreement on remuneration is not concluded, the undertaking shall submit its proposal for remuneration to the relevant trade union organisation for the implementation of the conciliation procedure. If the dispute between the undertaking and the appellant is not removed from the conciliation procedure, the court shall decide on the remuneration for the action of the appellant. An improvement may also be requested to implement the conciliation procedure.
(2) The provisions of paragraph 1 shall also apply to the remuneration payable to the appellant for the use of the proposal in other undertakings.
(3) The central board of trade unions shall determine the institutions and the way in which the conciliation procedure is carried out.
(4) The costs of conciliation are borne by the company (Paragraph 14 (1)).
The President of the Office is hereby authorised to establish and pay remuneration for the use of improvement proposals outside the territory of the Czechoslovak Republic, which took place by the date of application of this Regulation.
In its field of competence, the Minister for Agriculture and Forestry shall, in agreement with the Minister for Finance and the President of the Office and in cooperation with the relevant trade unions, provide for the necessary derogations from the provisions of this Regulation in respect of the registration, negotiation, implementation and extension of the proposals and the negotiation of remuneration for them.
Efficiency and execution
This Regulation shall enter into force on 15 August 1957; All members of the government will do it.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Polack v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
Bakuľa v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Machachová v. r.
Dr. Unedible v. r.
Tesla v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Dr Skoda v. r.
Ing. Black v. r.
Dvořák v. r.
Dr Kahuda v. r.
General Colonel Lomská v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Dr. Vlasák v. r.
He beat the shit out of me.
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Regulation Information
| Citation | Government Decree No. 45 / 1957 Coll., on Improving Proposals |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.08.1957 |
|---|---|
| Effective from | 15.08.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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