Government Decree No. 52 / 1953 Coll.
Regulation on anti-fluctuation and absence measures
Valid
Effective from 01.07.1953
52.
Government Regulation
of 3 June 1953
on measures against fluctuations and absences.
The Government of the Czechoslovak Republic, with the agreement of the President of the Republic pursuant to § 42 (1) of Act No. 241 / 1948 Coll., on the first five-year Economic Plan for the Development of the Czechoslovak Republic (Act on the Five-Year Plan):
(1) The vast majority of workers perform their duties honestly and conscientiously. However, their efforts are damaged by the unscrupulity of some individuals and the appearance of work insubordination, which is causing great damage to the national economy and the state. It is therefore necessary to increase the responsibility of managers for maintaining firm labour discipline and to introduce more stringent measures against individuals who, by their unscrupulous nature, are damaging the results of the building effort of our working people.
(2) Undertakings referred to in the provisions of this Regulation shall mean, in particular, national, municipal, cooperative undertakings, undertakings for the operation of foreign trade, undertakings for state, authorities and public administrations, national committees, other socialist and legal persons, as well as associations and establishments.
Anti-fluctuation measures.
(1) An employee of an undertaking may release an employment contract for an indefinite period, whether with or without the agreement of the manager, with or without the agreement of the manager. The same applies to the termination of a contract for a certain period of time before the end of that period.
(2) The head of the undertaking shall give the staff member his consent to the termination of the contract in the following cases:
(a) if the staff member is unable to continue to do the work for which he has undertaken without a serious threat to his life or health, or if the staff member is permanently unfit for his or her medical condition and cannot be employed in the undertaking by another appropriate work even after prior training;
(b) if the staff member is in a state which, in accordance with the national pension rules, gives him entitlement to an old-age pension in the event of termination of employment;
(c) if the staff member is admitted as a student to a selection school or as a university listener;
(d) if the employee of the main member of the family who has moved;
(e) if there is a pregnant worker or a mother who looks after at least one child under the age of 15 and has important reasons for unbundling;
(f) where the undertaking infringes a material obligation arising from its employment relationship;
(g) if the staff member is entrusted with a public function preventing him from exercising his duties.
(1) The manager of an undertaking may only release employment with an employee in the following cases:
(a) where the production or the undertaking or the organisation of new work on the holding is cancelled or where the undertaking is to release staff under the national development plan or the decision of the superior body;
(b) if it appears that the staff member is unable to carry out the work to which he has undertaken and cannot be employed in the undertaking by any other appropriate work even after prior training;
(c) where the staff member consistently and in his guilt infringes the essential obligations arising from his employment relationship;
(d) where the staff member has been definitively sentenced to the loss of civil rights or has been subjected to a final penalty for the prohibition of the activity to which he has committed himself;
(e) if the staff member is punishable by force for an offence or offence committed directly in connection with his employment or if he has been in custody or is sentenced for more than two months.
(2) In the cases referred to in points (c) to (e) of paragraph 1, the manager of the undertaking may untie the employment without complying with the notice period; in other cases, with due notice.
(3) Paragraph 114 of the National Insurance Act remains unaffected.
An employment relationship for a certain period may only be negotiated with staff recruited by an organisation or for seasonal work.
(1) The termination of employment by an employee without the agreement of the head of the undertaking pursuant to § 2 shall be deemed to be a discretionary departure.
(2) The manager of the undertaking shall immediately notify any arbitrary departure of the staff member to the prosecutor.
Measures against absences.
(1) The company's staff member may be excused only by the head of the undertaking or by the authorised person.
(2) The Government shall declare, on a proposal from the Unified Trade Union Organisation, in which cases the head of the undertaking or the person authorised by it may excuse the staff member's missed working hours.
(1) A staff member of an undertaking who has unconditionally missed working hours shall take disciplinary action if the staff member is not punished in accordance with the provisions of Section 10 of this Regulation.
(2) The disciplinary measures are:
(a) reprimand,
(b) public reprimand;
(c) temporary transfer to other less paid work for up to three months.
(3) The head of the undertaking shall apply the disciplinary measures; an employee must be heard before.
(1) A punitive measure shall not apply for a minor offence. Such a sin shall be borne by the head of the guilty undertaking and shall be informed.
(2) A statement of objection shall be made at the time of an unagreed delay of one working day in the calendar year or in the cases referred to in paragraph 1 where no correction has been made.
(3) A public reprimand shall be made when the second working day, or two days in a row, has been unwritten in a calendar year or in cases where the reprimand has not been rectified.
(4) Temporary reassignment to other less paid work shall be expressed when the third working day or three days in a row has been unconditionally missed in a calendar year or in cases where a public reprimand has not been corrected.
(5) The management of the undertaking will discuss the disciplinary measures in advance with the relevant competition authority of the Single Trade Union Organisation.
(6) The staff member may appeal against the disciplinary action within 8 days of its notification to the competent authority of the Unified Trade Union.
Serious cases of an unagreed delay in working time, in particular if there is an unexcused delay of at least four working days in a row or in a calendar year, the manager of the undertaking shall immediately notify the prosecutor.
Criminal provisions.
(1) The dismissal of an employee by a head of an undertaking for reasons other than those referred to in Article 3 and the failure to fulfil the reporting obligation of the head of the undertaking pursuant to Articles 5 (2) and 9 shall be punishable by a court in accordance with the provisions of the criminal law as a threat to a single economic plan pursuant to Article 135 of the criminal law, if not more strictly criminal.
(2) The leaving of the staff member and the serious cases of an unagreed delay in working time are punishable by the same provision, taking into account the life of the accused and under the conditions set out in Section 37 of the Criminal Code by corrective measures. Corrective measures shall be carried out on a free basis. What matters is that the offender is obliged to perform the work for him during the sentence for reduced pay for the work and without certain benefits resulting from the employment.
Final provisions.
(1) The provisions on the termination of employment by termination or early termination, other than the provisions on periods of notice, shall not apply to the termination of employment of employees covered by this Regulation.
(2) The provisions on the employment relationship of directors (managers) of national, municipal, public and foreign trade undertakings and undertakings are without prejudice to the provisions of this Regulation.
(3) The rules on the synergies between the competitive authorities of the single trade union when unbundling employment conditions are without prejudice to the provisions of this Regulation.
(4) The provisions of Decree No. 88 / 1945 Coll., on the general duty of employment, as far as they concern the granting of the consent of the District National Committee to be dismissed, are hereby repealed.
This Regulation shall enter into force on 1 July 1953; All members of the government will do it.
Zaporocký v. r.
Broad v. r.
Dr Dolansky v. r.
Maj-Gen Bacílek v. r.
Maj-Gen Dr. Čepice v. r.
Kopecký v. r.
Novotný v. r.
Fierlinger v. r.
Dr. Unedible v. r.
Uher v. r.
Lamb
Bark v. r.
David v. r.
Dvořák v. r.
Děuriš v. r.
Harus v. r.
Dr. Havelka v. r.
Ing. Jankovcová v. r.
Jonah v. r.
Cable v. r.
Krajčir v. r.
Kromir
Dr Kylý v. r.
Malek v. r.
Maurer v. r.
Nepomuk v. r.
Dr Neuman v. r.
Nosek v. r.
Plojhar v. r.
Pokorný v. r.
Polack v. r.
A. Pospíšil v. r.
J. Pospíšil v. r.
Ing. Púčik v. r.
Dr Rais v. r.
Reitmajer v. r.
Smida v. r.
Chekora v. r.
Ing. Shimonek v. r.
Dr. Nove v. r.
Stamp v. r.
Stoll v. r.
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Regulation Information
| Citation | Government Decree No. 52 / 1953 Coll., on measures against fluctuation and absence |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1953 |
|---|---|
| Effective from | 01.07.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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