Decree No. 45 / 1987 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on principles for reducing working time without reducing wages for health reasons for workers under 21 years of age in underground mines
Valid
Effective from 01.07.1987
45
DECLARATION
Federal Ministry of Labour and Social Affairs
of 20 May 1987
on principles for reducing working time without reducing wages for health reasons for workers under 21 years of age in underground mines
The Federal Ministry of Labour and Social Affairs provides, pursuant to § 83 (4) of the Labour Code No. 65 / 1965 Coll., as amended by Act No. 153 / 1969 Coll., in agreement with the Central Council of Trade Unions:
Preliminary provisions
This decree regulates the principles of the procedure for the introduction of reduced working time without reducing the salary for health reasons to 36 hours a week (hereinafter referred to as "reduced working time") for workers until the end of the calendar month in which they reach 21 years of age, who are employed in the first working category in mining with a permanent place of work under the ground in deep mines. 1)
Authorisation for shortening working time
The Federal Central Authorities and Central Authorities of the Czech Socialist Republic and the Slovak Socialist Republic (hereinafter referred to as the "Central Authorities') submit proposals for the shortening of the weekly working period (2) to the Ministry of Labour and Social Affairs of the Czech Socialist Republic or to the Ministry of Labour and Social Affairs of the Slovak Socialist Republic responsible for the organisation's headquarters (hereinafter referred to as the" competent Ministry of Labour and Social Affairs'). The proposal shall contain:
(a) the designation of organisations, working activities in accordance with the relevant wage regulation (qualification catalogue) and the indicative number of staff to be reduced;
(b) the opinion of the competent authority of the sanitary service;
(c) a set of staff protection measures in the following period, identifying technical measures, (3) organisational and other measures, including phased deadlines for reducing the harmful effects of the work environment for which it is proposed to shorten working time, in order to ensure the performance of production tasks;
(d) the opinion of the relevant trade union body.
(1) The competent Ministry of Labour and Social Affairs, within the limits of its territorial competence, authorises, in agreement with the competent Ministry of Health and the competent trade union, reduced working time under the conditions laid down in this Decree for a certain period of time, but not more than five years.
(2) The authorisation referred to in the preceding paragraph must include in particular:
(a) the designation of organisations, working activities in accordance with the relevant wage regulation (qualification catalogue) and the indicative number of staff for whom reduced working hours are permitted;
(b) the length of the reduced working time of 36 hours, its distribution to a maximum of five days per week and the maximum permissible working time of eight hours per day (Paragraph 9 (1));
(c) determining the date from which shorter working hours are introduced in each organisation;
(d) determining the duration of the reduced working time;
(e) the condition for the gradual implementation of the set of workers' protection measures in the following period [Paragraph 2 (c)], while respecting the highest economy and maximum use of the organisations' own resources.
(3) The same copy of the reduced working time permit will be sent by the competent Ministry of Labour and Social Affairs to the Federal Ministry of Labour and Social Affairs.
(4) The central authorities4) (§ 2) monitor compliance with the conditions under which reduced working time was allowed.
(1) From the date specified in the permit, the organisation shall establish a reduced working time; from that date, workers shall be entitled to a reduced period of work, which shall expire no later than the end of the month in which the worker reaches 21 years of age.
(2) The organisation is obliged to familiarise workers with the introduction of reduced working time and to specify the conditions for the authorisation of reduced working time in the Conditions of Employment of Other Servants; (5) If the organisation has not issued the Conditions of Employment of Other Servants, it is obliged to acquaint workers with the authorisation of reduced working time in other demonstrable ways. The same applies to the expiry of the period for which the reduced working time was allowed [Paragraph 3 (2) (d)].
Wage for work waste
(1) In order to cover the wages of workers who are paid by hourly wage tariffs, the organisation will increase these tariffs according to the scale of the wage rates, which is annexed to this decree.
(2) If the increase in wage rates referred to in the previous paragraph is not appropriate, the organisation shall provide wage compensation to workers for the wages achieved during reduced working hours. The percentage of wage compensation for reducing working time from 40 hours to 36 hours per week shall be 11,1% of the basis for calculating the wage compensation.
(3) The basis for calculating wage compensation does not include:
(a) compensation for work barriers, except compensation for time-out, 6)
(b) compensation for the salary for the holidays for recovery and holidays, 7)
(c) wage supplements, bonuses and bonuses, the amount of which is not calculated on the worker's wage rate (basic wages).
The amount of the allowances which are set by the wage rules according to the period actually worked is unchanged.
The monthly salary of a worker who is working for a specified week's working hours shall not be changed because of its shortening under this decree.
For workers with shorter working time (Section 86 of the Labour Code), the principles for reducing weekly working time and for implementing operational and working arrangements with a five-day working week shall be treated mutatis mutandis, except for its last sentence.
Common and final provisions
(1) The working time allocated by the Head of Organisation8) may not exceed eight hours per day and may not exceed five days per week.
(2) When the working time is allocated in accordance with the preceding paragraph, continuous rest between two shifts and continuous rest during the week shall not be reduced below the limits referred to in Sections 90 (1) and 92 (1) of the Labour Code.
(1) An organisation may not:
a) order overtime, 9)
(b) to include it in the shifts provided for in the mining arrangements for Saturday, 10)
(c) authorise the performance of the work referred to in Paragraph 1 in the secondary employment relationship (Sections 70 and 71 of the Labour Code).
(2) A worker whose working hours have been shortened under this Order must not carry out the work referred to in the preceding paragraph, nor the work referred to in Paragraph 1, in the current working conditions exceeding 36 hours a week.
Efficacy
This Decree shall take effect on 1 July 1987.
Minister:
M. Boda v. r.
Annex to Decree No 45 / 1987 Coll.
Wage tariff scale at 36-hour weekly working hours
| Stupnice mzdových tarifů | Mzdový tarif v Kčs/hod. | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Třída | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | |
| 1 | 6,30 | 7,10 | 8,00 | 9,00 | 10,10 | 11,30 | 12,70 | 14,30 | 16,10 |
| 2 | 6,60 | 7,40 | 8,40 | 9,50 | 10,60 | 11,90 | 13,40 | 15,10 | 17,00 |
| 3 | 7,10 | 8,00 | 9,00 | 10,10 | 11,30 | 12,70 | 14,30 | 16,10 | 18,10 |
| 4 | 7,40 | 8,40 | 9,50 | 10,60 | 11,90 | 13,40 | 15,10 | 17,00 | 19,20 |
| 5 | 8,00 | 9,00 | 10,10 | 11,30 | 12,70 | 14,30 | 16,10 | 18,10 | 20,40 |
| 6 | 8,40 | 9,50 | 10,60 | 11,90 | 13,40 | 15,10 | 17,00 | 19,20 | 21,60 |
| 7 | 9,00 | 10,10 | 11,30 | 12,70 | 14,30 | 16,10 | 18,10 | 20,40 | 22,90 |
| 8 | 9,50 | 10,60 | 11,90 | 13,40 | 15,10 | 17,00 | 19,20 | 21,60 | 24,30 |
| 9 | 10,10 | 11,30 | 12,70 | 14,30 | 16,10 | 18,10 | 20,40 | 22,90 | 25,80 |
| 10 | 10,60 | 11,90 | 13,40 | 15,10 | 17,00 | 19,20 | 21,60 | 24,30 | 27,40 |
| 11 | 11,30 | 12,70 | 14,30 | 16,10 | 18,10 | 20,40 | 22,90 | 25,80 | 29,00 |
1) Article 12 (1) (a) No 1 of Act No. 121 / 1975 Coll., on Social Security, as amended by Act No. 73 / 1982 Coll. Government Decree No. 74 / 1982 Coll., on certain adjustments to sickness insurance and pension insurance for mining workers. Point IV / 3 of the Government Resolution No. 241 / 1986 on the analysis of the health situation of miners exposed to workplaces in underground mines and on the comprehensive solution of their working and hygiene conditions and preventive health care in the following years of the 8th and 9th Five Years, including sources of financial coverage.
2) Paragraph 83 (3) of the Labour Code. Decree of the Ministry of Labour and Social Affairs No. 63 / 1968 Coll., on the principles for shortening weekly working time and for implementing operational and working arrangements with a five-day working week.
3) § 133 (1) of the Labour Code and § 35 (b) and (c) of the Decree of the Government of the CSSR No. 54 / 1975 Coll., implementing the Labour Code.
4) Paragraph 26 (2) of the Labour Code.
5) Section 82 of the Labour Code.
6) § 129 of the Labour Code.
7) Act No. 93 / 1951 Coll., on the National Festival, on working days and on memorable and important days, as amended by Act No. 65 / 1965 Coll. and Act No. 56 / 1975 Coll. § 107, 109 and 118 of the Labour Code.
8) Sections 84 (2), 85 and 87 of the Labour Code.
9) Sections 96 and 97 of the Labour Code.
10) Federal Ministry of Fuel and Energy Directive No 18 / 1982 on work in the shifts provided for by the Mining Scheme for Saturday (reg. amount 26 / 1982 Coll.).
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Regulation Information
| Citation | Decree of the Federal Ministry of Labour and Social Affairs No. 45 / 1987 Coll., on principles for reducing working time without reducing wages for health reasons for workers under 21 years of age in underground mines |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1987 |
|---|---|
| Effective from | 01.07.1987 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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