Act No. 475 / 2001 Coll.
Law on working hours and rest periods of workers with unevenly distributed working hours in transport
Valid
Law
Effective from 01.01.2002
Text versions:
01.01.2002
31.12.2001
475
THE LAW
of 29 November 2001
on working hours and rest periods for workers with unevenly distributed working hours in transport
Parliament of the Czech Republic has decided on this law:
SUBJECT MATTER OF LEGAL ADJUSTMENT AND DEFINITION OF NAMES
Subject matter
(1) By way of derogation from the provisions of § 83 (4), § 85 (2) and (3), § 89, 90, 92, 95, 99 and § 102 (5) of the Labour Code, the working and rest periods of workers in transport whose working hours are unevenly distributed and whose employer is a carrier or infrastructure manager or an infrastructure manager under specific legislation. 1)
(2) Unless otherwise provided for in this law, workers' labour relations in transport shall be governed by the Labour Code.
(3) This law applies to:
(a) members of a truck or bus crew, 2)
(b) road maintenance staff, 3)
(c) rail transport staff on the national, regional and railway track, 4)
(d) fire-fighting personnel on the national, regional, tug and special track, 5)
(e) employees of railway company security on the national, regional and railway track, 4)
(f) public transport workers, 6)
(g) crew members, 7)
(h) staff providing airport operations, 8)
(i) airport rescue and firefighting personnel, 8)
(j) crew members, 9)
(k) staff serving the vessel in port. 9)
Basic concepts
For the purposes of this Act:
(a) a member of a crew of a truck or bus driver, driver's assistant and road conductor;
(b) the working hours of a member of a crew of a truck or bus, the driving time, loading and unloading, the inspection and supervision of passengers when boarding a bus or leaving the bus, the cleaning and inspection of the vehicle, the monitoring of loading and unloading, the work to ensure the safety of the vehicle, the cargo or passengers, the technical maintenance of the vehicle and the administrative work associated with the driving of the vehicle;
(c) an employee of infrastructure maintenance, an employee who ensures the mobility of motorways, the mobility of roads and local roads;
(d) an employee of railway transport who provides and serves the railway, organises railway transport, drives or accompanies the railway vehicle;
(e) by way of an overhead journey, the time needed for the transfer of a worker from the agreed place of work to another place of work before the start of work or the time needed for the transfer from the place of work to another place of work during the course of work or the time needed for the transfer from the place of work to the agreed place of work after the end of work;
(f) a public transport worker, a member of a bus crew, an employee who organises road urban transport, and an employee of rail transport on a tram, trolleybus, cableway and special rail (metro) 10, and a member of a bus crew of regular passenger transport, for which the length of any connections does not exceed 50 km;
(g) a member of the flight crew of a person participating in a flight on board an aircraft and carrying out activities to ensure the safe conduct of a flight or activities related to maintaining his / her rating or activity for the purpose of controlling flight or airworthiness;
(h) essential crew of aircraft minimum number of crew of aircraft provided for by special legislation, 11)
(i) a double crew crew in which all basic crew members' duties are doubled in such a way as to allow replacement of all basic crew members within the shift;
(j) a reinforced crew crew whose number of members must allow replacement of each essential crew member in the course of a shift;
(k) an airport operator, an employee who provides for the landing and take-off of aircraft, the protection and treatment of aircraft, provides for the provision and service of the airport, organises air transport at the airport and provides services in the airport's handling process under the conditions for the operation of the airport;
(l) a crew member of a vessel, a person who, when operating a vessel, is competent to carry out activities to ensure the safety of the vessel's operations; The crew member is also the skipper, 9)
(m) an employee serving a vessel in port, an employee providing loading and unloading work, repairs and supplies of vessels;
(n) an employee working on a flight-by-flight transport service which cannot, in view of the conditions of operation, be able to draw up, within the framework of an unevenly structured working time, a written schedule for the shift and to inform the staff member no later than 2 weeks before the shift takes place;
o) week between 0.00 o'clock on Monday and 24.00 o'clock on Sunday,
(p) the winter period from 1 November of the calendar year to 31 March of the following calendar year.
WORKING PERIOD AND PERIOD OF EMPLOYMENT IN TRANSPORT
CUSTOMS AUTOMOBILE OR AUTOBUS DUTIES
Working hours and rest periods
(1) The employer is obliged to schedule the working hours of a member of a crew of a truck or bus in such a way that the daily driving time does not exceed 9 hours. The driving time may be extended twice a week to 10 hours. The total driving time shall not exceed 90 hours in a period of 2 consecutive weeks. The duration of the proceedings shall be deemed to be the time of the proceedings, including the interruption of the proceedings, for a period of less than 15 minutes.
(2) The management period provided for in paragraph 1 may be extended to the extent necessary for the purpose of reaching an appropriate place to ensure the safe disposal of persons or the unloading of cargo. The driver shall state the reasons for the extension of the prescribed driving time in the record of the driving time and safety breaks. 12)
(3) A member of the crews of a truck or bus must have:
(a) continuous rest between two shifts for at least 11 hours; and
(b) continuous rest over a week of at least 45 hours.
(4) Continuous rest between two shifts may be
(a) shortened to a maximum of nine consecutive hours three times per week, provided that the following week will be extended for a period of prior shortening;
(b) split into 2 or 3 parts on days in which it is not reduced in accordance with (a), one part being at least 8 hours and the continuous rest must be extended from 11 hours to at least 12 hours.
(5) The employer is entitled to reduce the continuous rest of the week to
(a) 36 hours when drawn at the usual place of weaning or at the place of residence;
(b) 24 hours when drawn outside these places.
(6) The duration of the reduction of continuous rest in the week must be replaced no later than 3 weeks after the end of the week in which the continuous rest period has been reduced. The continuous rest period provided as a replacement for reduced rest shall be followed by a rest period of at least 8 hours and, if the driver so requests, shall be provided at the usual place of weaning of the vehicle or at the driver's place of residence.
(7) If more than 1 driver is in the vehicle, each shall have a continuous rest
(a) between two shifts of at least 8 hours in succession within 30 hours;
(b) in a week of at least 45 consecutive hours, this period may be reduced to 36 hours if it is taken at the usual place of weaning of the vehicle or at the driver's place of residence and up to 24 hours when it is taken outside those places.
Safety breaks
The driving time shall be interrupted after 4,5 hours by a safety break. 13) for at least 45 minutes, unless there is continuous rest between two shifts or continuous rest during the week. A safety break may be divided into several breaks of at least 15 minutes included in the driving time.
EMPLOYMENT OF THE EMPLOYMENT COMMUNICATION
(1) Paragraph 3 and 4 shall apply mutatis mutandis to road maintenance personnel who are part of a freight car crew in the provision of road clearance and running order, unless otherwise specified.
(2) The employer is obliged to schedule the working hours so that the working hours of the road maintenance staff in the various weeks during the winter period and in the event of the liquidation of the weather situation (14) do not exceed 60 hours.
(3) Road maintenance staff working on a flight may order the employer to board the shift no later than the end of the previous shift.
(4) The employer may shorten the continuous rest between two shifts up to 6 hours or, if the previous shift was less than 6 hours, up to the duration of that shift.
(5) The employer is obliged to schedule working hours in the winter or in the liquidation of the effects of the weather14) so that the road maintenance staff has continuous rest in a week of 32 hours in a period of 2 weeks consecutive.
STAFF OF SAFEGUARD TRANSPORT, STAFF OF HASICAL SAFEGUARD SERVICES AND STAFF OF SAFEGUARD ENTERPRISES
Working time
(1) The employer is obliged to schedule the working hours of the rail transport staff on the national, regional and railway track in such a way that the length of the shift does not exceed 13 hours. In the event that the working time is part of the overhead journey, the length of the shift may not exceed 15 hours.
(2) The length of the shift of a firefighter's rescue service staff on the national, regional and tug track may not exceed 16 hours.
(3) In the working hours of railway workers on the national, regional and railway track, the time of the overhead journey shall be counted.
Continuous rest between two shifts
(1) The employer is obliged to schedule the hours of work so that the rail passenger on the national, regional and railway track shall have continuous rest between two shifts between the end of the shift and the beginning of the next shift for at least 11 hours consecutive within 24 hours, unless otherwise specified.
(2) Rail transport staff on the national, regional and railway track may be shortened continuously between two shifts up to 6 hours in succession within 24 hours. If the previous shift was less than 6 hours, the continuous rest between two shifts may be reduced to up to 3 hours, provided that conditions are laid down in the collective agreement and provided that the employer ensures that the worker can sleep on the bed. Continuous rest between two shifts may be shortened provided that the subsequent rest is extended by the time of shortening of this rest.
(3) Before the shift, the sole load of which is the overdrive or training ordered by the employer, the employer may not give the rest referred to in paragraph 1 or 2.
Emergency work
The employer may agree to an on-call at the workplace in a calendar year
(a) with an employee of fire-fighting rescue service on a national, regional and tug track within a maximum of 850 hours;
(b) an employee of railway company security and an employee of railway traffic on the railway track of a national, regional and railway undertaking which provides and operates the runway and organises railway transport, in the case of the removal of the consequences of natural or exceptional occurrences in railway transport, up to a maximum of 600 hours. 15)
Annual leave for recovery
The employer may provide workers in railway transport with unevenly structured hours of leave in calendar days.
EMPLOYMENT OF CURRENT MEAT TRANSPORT
(1) Paragraph 3 applies mutatis mutandis to public transport workers, unless otherwise specified.
(2) The average working hours of a staff member with a continuous working mode driving or accompanying the vehicle shall not exceed 40 hours within 7 calendar days consecutive.
(3) Urban public transport workers may, after consultation with the relevant trade union body, schedule working hours in such a way that the continuous rest period will be at least 24 hours within 7 calendar days consecutive and for a period of 3 calendar weeks consecutive, at least 105 hours.
(4) The employer shall ensure that the management time of a public transport employee is interrupted after a maximum of 4 hours of driving by a security break (13) for at least 30 minutes, unless there is continuous rest between two shifts or continuous rest in the week. This break can be divided into several breaks of at least 10 minutes.
(1) The shift of urban public transport staff providing maintenance of the special runway (16) at night may not exceed 10 hours within 24 consecutive hours.
(2) The employer may agree with the public transport worker on a special-purpose track (16) on an occupational emergency within a maximum of 600 hours per calendar year.
(3) The employer is obliged to schedule the staff of the fire-fighting rescue service on a special track (16) working hours in such a way that the duration of the shift does not exceed 16 hours.
AIRCRAFT MEMBERS, EMPLOYMENT EMPLOYMENT AND EMPLOYMENT SERVICE FOR AIRPORT
Working time
(1) The employer is obliged to schedule working hours so that the length of the shift
(a) the member of the basic crew of the aircraft shall not exceed 14 hours;
(b) the member of the reinforced crew of the aircraft shall not exceed 16 hours;
(c) the member of the double crew of the aircraft shall not exceed 18 hours;
(d) the staff member operating the airport and the staff of the rescue and fire-fighting service at the airport shall not exceed 16 hours.
(2) The length of the working shift provided for in points (a), (b) and (c) of paragraph 1 may be extended if this is necessary for the safe completion of the flight as a result of circumstances occurring after the shift begins.
(3) The working time of a crew member shall not exceed 60 hours in the course of 7 calendar days consecutive, 28 calendar days consecutive, 200 hours and 12 calendar months consecutive, 2000 hours. For a period of 12 calendar months consecutive hours shall not exceed 900 hours.
(4) The employer shall draw up a written schedule for the weekly working hours laid down for each calendar month of the period agreed in the collective agreement for the unevenly distributed working hours and shall inform the staff member referred to in Paragraph 1 (3) (g) thereof no later than 10 days before the beginning of the following calendar month in which the working time is unevenly distributed unless he agrees otherwise with the staff member.
Rest period
(1) The employer is obliged to schedule the working hours of the member of the crew of the aircraft in such a way that he / she can rest continuously between the end of the one shift and the beginning of the next shift for at least 11 hours consecutive within 24 hours.
(2) A member of the crew of an aircraft may be reduced to nine hours, provided that the employer ensures that that member of the crew can sleep in a bed for at least 8 hours and the subsequent rest between two shifts is extended by the period of prior shortening.
(3) The employer shall be obliged to schedule the working hours of the crew member in such a way that the continuous rest period shall be at least 36 hours during 7 calendar days consecutive or at least 60 hours during 10 calendar days consecutive, the continuous rest period shall be at least 7 calendar days during the calendar quarter, at least 24 calendar days and at least 96 calendar days during the calendar year. The continuous rest must be once during the calendar month for Saturday and Sunday.
Emergency work
(1) The employer may agree with the member of the crew of the aircraft on a duty-free basis outside the territory of the Czech Republic, within a maximum of 12 hours consecutive within 24 hours and not more than 72 hours in a period of 28 days consecutive. The agreed range of on-call time shall not exceed 400 hours per calendar year.
(2) The employer may agree with the emergency and fire-fighting staff at the airport on an occupational emergency within a maximum of 850 hours per calendar year.
MEMBERS OF THE VESSEL AND EMPLOYMENT WORKING VESSELS IN PORT
Working time
The employer shall be obliged to schedule the working hours so that the length of the shift of the crew member of the vessel is not more than 14 hours.
Rest period
(1) The employer is obliged to schedule working hours so that the crew member of the vessel shall have continuous rest between the end of one shift and the beginning of the subsequent shift for at least 6 hours consecutive within 24 hours, provided that the total rest period of the crew member of the vessel is at least 10 hours within 24 hours.
(2) The employer shall be obliged to schedule the working hours so that the crew member of the vessel shall have continuous rest for a maximum period of nine weeks of at least 35 hours for each week worked.
Emergency work
The employer may agree on an on-call call at the workplace with a crew member and a staff member serving a vessel in port within a maximum of 600 hours in a calendar year.
PROVISIONS COMMON AND FINAL
Common provisions
(1) The period of the employer's medical examination shall be the performance of the work for which he is entitled for the transport worker referred to in Article 1 (3).
(2) Where work cannot be interrupted, the transport staff referred to in Paragraph 1 (3) shall be provided with adequate time for rest and food without interruption of operation or work; such time shall be included in the working time.
Efficacy
This Act shall take effect on 1 January 2002.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) For example, Trade Act, Act No. 111 / 1994 Coll., on Road Transport, as amended, Act No. 266 / 1994 Coll., on Railways, as amended, Act No. 114 / 1995 Coll., on Inland Navigation, as amended, Act No. 49 / 1997 Coll., on Civil Aviation, and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, Act No. 13 / 1997 Coll., on Road Communications, as amended.
2) Act No. 56 / 2001 Coll., on the conditions of the operation of vehicles on the road and amending Act No. 168 / 1999 Coll., on the insurance of liability for damage caused by the operation of the vehicle and on the amendment of certain related laws (Act on the insurance of liability from the operation of the vehicle), as amended by Act No. 307 / 1999 Coll.
3) Act No. 13 / 1997 Coll.
4) § 3 (1) (a), (b) and (c) of Act No. 266 / 1994 Coll.
5) § 3 (1) (a), (b), (c) and (d) of Act No. 266 / 1994 Coll., as amended by Act No. 23 / 2000 Coll.
6) § 2 (c) of Decree No. 175 / 2000 Coll., on the Transport Regulations for Public Railway and Road Passenger Transport.
7) Paragraph 18 (1) of Act No. 49 / 1997 Coll.
8) Act No. 49 / 1997 Coll.
9) Act No. 114 / 1995 Coll.
10) § 1 (1) (a) of Act No. 266 / 1994 Coll. § 3 (1) (d) of Act No. 266 / 1994 Coll., as amended by Act No. 23 / 2000 Coll.
11) § 3 of Act No. 49 / 1997 Coll.
12) Paragraph 3 (3) of Act No. 111 / 1994 Coll., as amended by Act No. 304 / 1997 Coll. and Act No. 150 / 2000 Coll.
13) Paragraph 134e (1) (a) of the Labour Code.
14) Paragraph 26 (5) of Act No. 13 / 1997 Coll.
15) Article 49 of Act No. 266 / 1994 Coll., as amended by Act No. 23 / 2000 Coll.
16) Paragraph 3 (1) (d) of Act No. 266 / 1994 Coll., as amended by Act No. 23 / 2000 Coll.
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Regulation Information
| Citation | Act No. 475 / 2001 Coll., on working hours and rest periods of employees with unevenly distributed working hours in transport |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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