Decree of the Government of the Czechoslovak Socialist Republic No. 54 / 1975 Coll.

Q: Is Decree of the Government of the Czechoslovak Socialist Republic No. 54 / 1975 Coll. still valid?

Yes, Decree of the Government of the Czechoslovak Socialist Republic No. 54 / 1975 Coll. is still valid and effective.

54

GOVERNMENT REGULATION

Czechoslovak Socialist Republic

of 23 April 1975

implementing the Labour Code

The Government of the Czechoslovak Socialist Republic, after consulting the Central Council of Trade Unions, hereby orders the implementation of the Labour Code (hereinafter referred to as the "Code"):

Establishment, modification and termination of employment

Records of employment relations in civil certificates

§ 1

(1) The creation and termination of the employment (teaching) ratio are recorded on the ID card.

(2) No record shall be made where there is an establishment or termination of an employment relationship

(a) secondary (Section 70 of the Code),

(b) agreed for a transitional period not exceeding six working days;

(c) agreed to assist the national committee or social organisation for agricultural excellence or similar short-term work;

(d) an employee who has been temporarily released by the organisation for the performance of his work in another organisation;

(e) agreed for a certain period by a worker who is an old-age pensioner;

(f) agreed by a student in a daily study,

(g) negotiated among citizens.

(3) Concomitant employment relationships, with the exception of secondary employment, are to be recorded on the identity card provided that the worker has concluded them with different organisations.

§ 2

The identity card shall also record the establishment and termination of a membership relationship with the production cooperative or the single agricultural cooperative.

§ 3

Records of the creation and termination of the work (school) or, where appropriate, the membership relationship with the production cooperative or the single agricultural cooperative shall be made by the organisation. The worker (member) is obliged to submit his identity card to the organisation to carry out these records.

§ 4

When entering the employment (teaching) relationship or, where appropriate, the member of the production cooperative or the single agricultural cooperative, the worker (member) shall, if he has previously been active in one of these employment relationships, show the termination of the contract (section 25 of the Code) by an entry in the identity card; Exceptionally, they may also be demonstrated by other means.

§ 5

Translation

The prosecutors, prosecutors, teachers, educators, transport and communications personnel and health professionals, unless otherwise agreed by the organisation, may be transferred to a place other than the one agreed in the contract of employment, within the same organisation and for a period exceeding 90 days in a calendar year, but not exceeding one year, provided that the interests of the population so require. They may be reassigned, unless otherwise agreed by the organisation, not earlier than one year after the date of their earlier transfer.

§ 6

Employment attestation

In the employment certificate issued by the organisation to the worker at the end of the employment relationship (member of the cooperative at the end of the member's relationship), in addition to the data on employment, type of work and formal qualifications, it is also necessary to specify:

(a) how long the worker has been counted against for the purposes of recuperation leave, how many working days the worker has exhausted from his leave for the current calendar year, or how many days he has received compensation for the unpaid leave or how many working days his leave has been reduced and why,

(b) the reason for the termination of the employment relationship (member of the production cooperative), where it has an impact on the vacation of the recovery and on the compensation of the wage on job obstacles (Sections 100 (2) and 125 (3) of the Code);

(c) the facts relevant for the assessment of entitlement to sickness insurance benefits;

(d) whether reductions are made from the worker's salary, in respect of which the benefit is due, the amount of the claim for which the deduction is to be carried out, the amount of the deductions made so far and the order of the claim;

(e) where an agreement has been concluded with the worker to remain in an organisation in employment for a certain period of time after the final apprenticeship examination has been carried out or, where appropriate, after the end of the teaching period, and this period has not yet expired, the details of the agreement and of when that period will end (§ 227a of the Code).

Work discipline

§ 7

Procedure for the imposition of disciplinary action

(1) The head of the organisation or its authorised head of staff shall proceed with the imposition of disciplinary measures in such a way that the educational purpose pursued by the action is achieved as effectively and quickly as possible.

(2) Before imposing a disciplinary measure, the worker must be heard and the whole case clarified in detail by questioning other persons, written documents, etc.

(3) The decision on a disciplinary measure shall state what breach of labour discipline is, when it took place and what disciplinary action is imposed on it. The decision on a disciplinary measure must also include a reference to the possibility of requesting a review under Section 81 of the Code; the decision imposing a public reprimand must also indicate how it will be published.

§ 8

The period during which the workers were not working for any reason shall not be counted until the measures were implemented.

§ 9

Records of disciplinary action

(1) Decisions on disciplinary action which have acquired legal authority are entered in the personnel file.

(2) The decision on a disciplinary measure is excluded from the worker's personal file as soon as the worker is assessed as if the disciplinary measure had not been imposed on him (§ 79 (2) and (3) of the Code). From that date, no documents or opinions concerning the worker shall indicate that he has been ordered to take disciplinary action.

Working hours and rest periods

§ 10

Work breaks and continuous rest between two shifts

(1) Working breaks for food and rest are counted into working hours of 15 minutes per shift.

(2) A worker who has returned from work after 24 hours and who has not used a sleeper (couchette) car shall be granted the necessary rest from the end of the work trip until the beginning of work for 8 hours, and, where that period falls within the working hours of the worker, compensation for the wage of the average earnings.

§ 11

Days of work rest

(1) If, for operational reasons, it is not possible to provide a worker of an organisation subordinate to a federal central authority with continuous rest in a week of at least 32 hours (Section 92 of the Code), the management organisation may schedule working hours in such a way that the rest period is at least 24 hours

(a) seasonal and campaign work;

(b) in transport, in connections, in cultural facilities and in continuous establishments, provided that a continuous rest of at least 32 hours is granted to individual workers at least every three weeks.

(2) In connections, continuous rest during the week can be shortened at post offices without tour traffic, when delivering printed items and drivers of course trips up to 18 hours.

(3) In the case of work where the working time is unevenly distributed over the entire calendar year, and in the case of agriculture, the management organisation may, on the basis of the guidelines of the superior federal central body (§ 85 (2) of the Code), schedule the working time so that continuous rest of at least 32 hours falls on individual workers once every two weeks.

(4) When working on designated construction works, in designated assembly and repair works where the working hours are allocated by way of derogation (Section 85 (1) of the Code), the management organisation may, on the basis of the guidelines of the superior federal central authority, schedule the working hours so that a continuous rest of at least 64 hours every two weeks for each worker. The work referred to in the previous sentence shall be determined by that central authority after consultation with the relevant trade union body.

(5) The management organisation may, exceptionally, schedule working hours under the conditions referred to in the preceding paragraph in such a way that the continuous rest period shall be at least 48 hours in the course of work

(a) to avert the consequences of natural events;

(b) as a result of accidents in construction buildings;

(c) in technological processes which cannot be interrupted;

provided that the individual staff members receive a continuous rest of at least 64 hours at least once every four weeks.

§ 12

Overtime work

The number of hours of maximum permissible overtime work in the year shall not include overtime work for which the worker has been paid a replacement leave or which he has performed

(a) urgent repairs;

(b) in the case of work auxiliary which necessarily predates or follows production;

(c) in the case of work required in connection with the transfer of work on a continuous basis up to eight hours a week;

(d) in connection with the surveillance of the plant up to eight hours a week;

(e) threat to life or health.

Recovery leave

§ 13

Workers who perform particularly difficult or harmful work shall be regarded as workers who:

(a) work permanently at health care institutions or at their workplaces where patients with contagious tuberculosis are treated, and in Banga isolates;

(b) are exposed to a direct risk of infection in the workplace;

(c) are exposed to significant adverse effects of ionising radiation at work;

(d) work in direct treatment or use of the mentally ill;

(e) as educators, educate young people under difficult conditions or as health professionals work in the health service of corps;

(f) work continuously for at least one year in tropical or other difficult areas;

(g) carry out extremely strenuous work where they are exposed to harmful physical or chemical effects to such an extent that they may significantly affect the health of the worker.

§ 14

(1) A worker who, under the conditions set out in Section 13, operates a full calendar year shall be entitled to additional leave of one calendar week. If a worker is working only part of a calendar year under these conditions, he shall be entitled to one twelfth of additional leave for every 25 days so worked, even if he has not fulfilled the conditions for entitlement to leave (Section 100 of the Code).

(2) This additional leave is for the worker, even if he is entitled to additional leave under § 105 (1) of the Code.

(3) A worker who has completed one year of continuous work in tropical or other difficult areas is entitled to additional leave already this year.

§ 15

(1) A proportion of the recovery leave is determined by granting one twelve-month leave for each calendar month. This applies even if the worker has changed employment during the calendar month; in that case, it shall have a proportion of the annual leave from an organisation for which it has been in employment for more than half a month. If the worker changed his employment in the middle of the month, a new organisation will provide him with a proportion of this month's leave. It shall also be considered as a mid-month change if the end of employment before half of the month is immediately followed by working days and the onset of new employment after half of the month.

(2) If the worker has been fully released in the long term for the performance of public office, he shall be granted leave (its proportional part) by the organisation for which the vacant post is active; the organisation also provides him with the part of the leave he did not take before the public office. If the worker has not used up his leave (proportion) before the end of his term of office, he shall be provided with an organisation in which he is employed.

(3) Where a worker has been temporarily released to carry out work for another organisation, he shall, for the duration of such release, grant him leave (proportion) which he has not exhausted before release, an organisation for which he has been released, even if he does not fulfil the conditions for entitlement to leave; for the duration of his release, he is not entitled to leave in the organisation that released him.

§ 16

(1) If a worker has not worked before the exhaustion of leave in the calendar year for which the leave is granted, for the exercise of essential (replacement) military service, for incapacity for work, for important personal obstacles other than those listed in the Annex to this Regulation, or for another maternity leave (Section 157 (2) of the Code), he shall be reduced by one twelfth for the first 100 working days so missed and one twelfth for every 25 working days so missed. However, leave may not be reduced for days of incapacity arising from an accident at work or occupational disease for which the organisation is responsible.

(2) For each late shift (working day) or the bulk of it, the organisation, in agreement with the race committee of the Revolutionary Trade Union Movement (hereinafter referred to as the "race committee"), shall not excuse the absence of a worker at work, shall reduce his leave by one to three days. Unexcused delays in the shorter parts of individual shifts can be added up and the worker's leave can be reduced in the same way if these delays in working hours exceed half the average length of the shift.

(3) When reducing leave under the preceding paragraphs, a worker, if his employment in the same organisation has lasted for a full calendar year, shall always be granted a leave of at least one week, and if he is a young worker, of two weeks. If the worker achieves exceptional work results, the organisation may, with the agreement of the racing committee, waive his leave for a previous absence from work.

(4) A worker who has missed work for the execution of a prison sentence shall be reduced by one twelfth in every 25 working days so missed. In the same way, leave for detention is reduced if a worker has been convicted.

(5) Where a worker has already exhausted or is not entitled to leave, the organisation shall, for the reasons set out in paragraphs 2 and 4, be obliged to reduce his leave in the manner set out in those paragraphs in the next calendar year. If the reduction cannot be transferred to the next year for termination of employment, the worker shall be obliged to refund the paid compensation for the part of the leave by which the leave was to be reduced. The organisation shall be entitled to deduct the relevant amount when paying the worker's salary.

§ 17

(1) The organisation may, in agreement with the racing committee, determine that its staff will take a mass race holiday if such leave is necessary for operational reasons and is compatible with the interest of the company, in particular if it does not jeopardise or complicate the performance of the planned tasks. The collective racing holiday shall not be more than two calendar weeks; for professional art files, may last for four calendar weeks.

(2) The organisation is required to provide a worker who, at the time of a mass race holiday, is not entitled to leave or who is entitled to a shorter leave than a mass race holiday, with a replacement job appropriate to his qualifications. He shall be responsible for this work for the salary according to the work done, but not less than his average earnings; If he has not been assigned replacement work, he shall be entitled to a salary equal to the average earnings. If a worker is entitled to leave in a calendar year, he shall be credited with the period of mass racing leave during which he was paid compensation even though he was not working.

§ 18

(1) Workers whose working time is unevenly spread over the entire calendar year or, where applicable, other workers, where their work depends substantially on weather effects, shall be entitled, for each week of leave taken in a period of lower work required by the competent central authority in agreement with the relevant trade union, to a further leave of two days but not more than one week.

(2) A worker admitted to seasonal or Campaign work shall be entitled, after termination of his employment, instead of being entitled to leave for every 25 days worked, to pay for one twelfth of the leave which he would be entitled to if he fulfilled the conditions for entitlement to leave.

Start of the working day

§ 19

In night-shift organisations, the day of work starts with an hour corresponding to the shift taking place on the first working week following the shift schedule.

Salary, compensation for wages and expenses

§ 20

Salary haircut order

(1) First, the payroll tax comes down. If corrective action has been imposed on the worker, the amount of the failing State shall be brought down before any other precipitation.

(2) Other wage reductions permitted by the Code may be made only to the extent laid down in the Civil Code in the provisions on the enforcement of decisions by salary reductions. According to those provisions, the claims for which enforcement has been ordered by a court or administrative authority shall be governed by the manner in which the deduction is carried out and the order of the individual claims.

(3) In the case of criminal penalties and compensation imposed by enforceable decisions of the competent authorities and in the case of overpayments for sickness insurance benefits, social security and maternity allowance, the order of the date on which the organisation received the enforceable decision of the competent authority shall be governed by the order of precedence.

(4) In the case of deductions made pursuant to a salary withholding agreement concluded with the organisation, the order of the date on which the agreement was concluded shall be followed; in the case of deductions made pursuant to a salary withholding agreement concluded with another organisation or with a citizen, the order of the date on which the worker's employment is served shall be taken into account.

(5) In the case of outstanding advances for reimbursement of travel, removal and other expenses, in the case of the recruitment allowance and other allowances paid to the worker in the recruitment, in the case of compensation for the leave salary and in the case of advance payments for the salary (its component), which the worker is obliged to repay because the conditions for granting them have not been met, the order of the date on which the deduction started.

(6) Where a worker is engaged in an employment relationship with another organisation, the order in which the claims under paragraphs 2 and 3 have been received shall remain with the new payer's salary. The obligation to make deductions has already arisen for the new payer on the day on which he or she learns from the worker or from the current payer that wage reductions and claims have been made. The same shall apply to the implementation of the wage reductions referred to in paragraph 4, provided that this effect has not been explicitly excluded in the wage withholding agreement.

Obstacles at work for reasons of general interest

§ 21

(1) In particular, workers use their leisure time to perform public functions, civil duties and other acts of general interest. Where, in exceptional cases, these functions, duties or actions are to be carried out in working time, the organisation shall provide the worker with the necessary leave of absence.

(2) Public function shall mean, for example, the performance of duties arising from the duties of a Member of the Federal Assembly, the Czech National Council and the Slovak National Council or the National Committee, a member of the Committee of the National Committee, a member or associate of a People's Control Body, a judge, a member of a body of social and cooperative organisations or a delegate for their meetings and conferences.

(3) The exercise of civil duties and other acts of general interest shall be, in particular, for witnesses, interpreters and other persons called upon to act with the National Committee or its establishment, a court or other public authority, blood donors, first aid, compulsory medical examinations, measures against communicable diseases, other urgent measures for preventive treatment, isolation for reasons of veterinary protection, and personal assistance for fire protection, natural disasters or other similar exceptional cases.

(4) If there is a doubt as to whether a public office is concerned, a civil duty or another act of general interest, the District National Committee shall decide in agreement with the Regional Trade Council.

§ 22

The witness and the interpreter shall be reimbursed directly by the national committee, the court or any other state body which has called him to the hearing.

§ 23

(1) If the nature of the case or of the documents submitted by the worker to the organisation does not imply that the performance of a public office, civil duty or other act of general interest has to take place in the working time, the organisation shall request a certificate from the authority on whose initiative or in the interests of the worker has been granted leave of absence of work.

(2) In the period of absence of participation in the proceedings of the national committee, court or other state body, the worker shall not be entitled to compensation from either the organisation or the state body, if he or she has been involved in the proceedings solely in his or her personal interest or if the worker himself has given the initiative by his or her fault.

Armed forces service

§ 24

If a worker is obliged to appear in person in connection with the performance of a military obligation to the military authority or to be examined, the organisation shall be obliged to provide him with leave of absence, to the extent necessary, with a salary compensation equal to the average earnings.

§ 25

(1) In the last week before the date laid down for the taking-up of the service, the organisation shall provide the staff of the armed forces with the necessary leave of absence to deal with their personal and family affairs and to appear in due time at a specified place, but not more than one day.

(2) Where a worker is to enter a service in the armed forces at a place so far from his place of residence that the journey by means of means of transport which he is entitled to use takes more than six hours, he shall be entitled to one travel day and, if such travel takes more than 18 hours, to two travel days. If a worker is working in a place so far from his family's place of residence that the journey from his place of work to his place of residence takes more than six hours, he shall be entitled to another travel day.

(3) Travel days shall be the responsibility of the worker, under the conditions and to the extent specified in the preceding paragraph, to travel from his place of employment in the armed forces to his place of residence or place of work.

(4) For the period of leave and the days of travel provided under the preceding paragraphs, it shall be for the staff member to whom the allowance is payable to pay an average wage if he is entitled to compensation in the performance of his service in the armed forces.

(5) At the end of the military service, the worker shall be obliged to take up work in his employment no later than three days. That period shall be extended by any travel days referred to in paragraph 3.

§ 26

(1) Reimbursement of wages in military training and other types of military service, with the exception of military basic (replacement) service, is for the worker, under the conditions laid down in Section 125 of the Code,

(a) 50% of its average earnings, if it is a worker who does not care for any person;

(b) 65% of its average earnings, if it is a worker who looks after one person;

(c) 90% of its average earnings, if it is a worker who looks after two persons;

(d) 95% of its average earnings are for a worker who cares for three or more persons.

(2) Only persons who are recognised for the purposes of the payroll tax for dependants shall be taken into account in the award of the salary compensation, irrespective of whether they are granted a reduction in the wage tax; However, children who are entitled to childcare or education allowances shall also be taken into account, even if they are not considered as dependants for the purposes of the reduction of payroll tax. 1)

Important personal obstacles at work

§ 27

Working leave

(1) Where a worker is unable to perform the work for the reasons set out in the Annex to this Regulation, the organisation shall be obliged to provide him with leave to the extent set out in the same Annex.

(2) The organisation may, for these reasons, provide the worker with additional leave of absence of work, where appropriate, for other serious reasons, in particular for facilities of important personal, family or property matters which cannot be dealt with outside work hours. In such cases no compensation shall be paid. A worker may agree with the organisation to work on such a missed period.

§ 28

Compensation of wages

(1) The organisation shall provide compensation to the worker for a salary equal to the average earnings for the period missed for an important personal obstacle to the work referred to in the Annex to this Regulation, to the extent and under the conditions laid down in the same Annex; it shall only be provided to domestic workers in the cases referred to in Nos 4, 5 and 6 of this Annex.

(2) Compensation shall be paid to the worker if, prior to the period of employment, there has been at least three immediately preceding months. A staff member who first entered into employment after graduating from a school or leaving the school shall be entitled to compensation even if he does not fulfil this condition; It is also not necessary to comply with this requirement in cases where waiting time is not required for the purpose of recovery leave (Section 100 (2) of the Code).

(3) Reimbursement of the worker's salary is not to be made if he has unconditionally missed his shift or the bulk of his shift in the calendar month when he was granted leave or if he does not return to work in due time after leaving without serious cause.

Common provisions on labour barriers on the part of workers

§ 29

(1) If an obstacle to the work of the worker is known in advance, he / she is obliged to ask the organisation in due time for a period of work. Otherwise, the worker is obliged to inform the organisation of the obstacle and the expected duration without undue delay.

(2) The worker must demonstrate to the organisation the obstacle to work and its duration. The organisation may grant leave and compensation only to the extent necessary.

(3) Reimbursement of wages for periods missed for obstacles to work is paid at pay dates for payment of wages. Reimbursement of wages for the first two weeks of military basic or replacement services shall be paid no later than three days before the date fixed for the taking-up of that service.

(4) The organisation shall decide whether it is an unexcused shift delay or part thereof in agreement with the racing committee.

Average earnings

§ 30

Determination of average earnings

(1) The average earnings are collected from gross earnings (Paragraph 31) settled for payment during the relevant period (Paragraph 32) and from periods worked during that period.

(2) The average earnings first established in the current calendar year are used until the end of that year, unless otherwise specified.

§ 31

Gross income

(1) Gross earnings include wages, (2) which have been settled in the organisation for payment during the relevant period and are subject to payroll tax with the exceptions set out in paragraphs 3 and 4. Gross earnings are also included in wages if they do not result in a wage tax deduction simply because the earnings are below the taxable amount. The remuneration for secondary activities (Section 71 of the Code) is assessed separately.

(2) Gross earnings shall not include types of wages which are exempt in whole or in part from payroll tax, 3) and the following types of wages:

(a) stabilisation fees for years worked and stabilisation recruitment fees, 4)

(b) shares in economic results, 5)

(c) annual remuneration for managers, 6)

(d) in-kind benefits and other similar benefits for the worker, even in his absence at work.

(3) However, gross earnings are included, even if exempt from payroll tax,

(a) wages and remuneration for blind workers;

(b) the remuneration of members of the emergency services established under the special rules on risk workplaces; and

(c) wages on which the payroll tax is not deducted under international double taxation arrangements.

(4) For Members of the national committees who are long-term dismissed from their current employment, the full remuneration due to them for their duties shall be included in the gross earnings. 7)

(5) The gross earnings shall not include the additional remuneration of members of production cooperatives.

(6) In determining the average wage for the provision of wage compensation for job barriers of less than one shift, gross earnings shall not include overtime for workers remunerated by hourly pay, including allowances for such work; in the case of workers remunerated by monthly wages, such obstacles to work shall be compensated for in proportion to the proportion of the basic monthly salary.

§ 32

Applicable period

(1) Save as otherwise provided in further provisions, the period shall be the previous calendar year. The average earnings shall be collected on 1 January of the current calendar year.

(2) Where an employment relationship is established during the previous calendar year, the period shall be the period from the employment to the end of the previous calendar year.

(3) If, on 1 January of the current calendar year, a worker with a weekly working time spread out to at least 5 working days or a worker with a weekly working time spread out to more than 5 working days of 80 days has not worked in the relevant period referred to in the preceding paragraphs, the period shall be extended until the end of the accounting period preceding the date on which the average earnings are to be established.

(4) When an employment relationship is established in the current calendar year, the period shall be the period from the employment to the end of the accounting period preceding the date on which the average earnings are to be established.

(5) The same period of validity as in the case of employment

(a) taking up work after the continuous preparation for the future occupation;

(b) a change in the method of remuneration, consisting of the fact that a worker who has so far been remunerated by an hourly salary is remunerated by monthly or vice versa;

(c) re-entry into work after completion of a public office which lasted for at least one year, after completion of the basic (replacement) military service, further maternity leave and imprisonment.

(6) The calendar months for which the worker received a compensatory allowance in pregnancy and maternity 8) and for which the worker received a wage compensation are not included in the relevant period. 9)

(7) With a permanent change in basic wage, the average earnings are collected

(a) workers with a monthly salary from a new basic salary and separately from other components of the salary;

(b) workers with hourly wages on average of the new monthly earnings normally cleared and separately from other components of the salary.

In order to establish the average of a new monthly earnings normally accounted for by hourly workers, the period shall begin from a permanent change in the basic salary and shall end as well as the period referred to in the preceding paragraphs. In order to establish the average of the other components of the salary referred to in points (a) and (b), the period laid down in the preceding paragraphs shall be the relevant period, regardless of the permanent change in the basic salary.

§ 33

Likely earnings

(1) The likely earnings are used instead of the average earnings collected pursuant to § 30 to 32 if, during the relevant period, a worker with a weekly working period, divided into 5 working days, has not worked for at least 70 days or a worker with a weekly working period spread out for more than 5 working days, 80 days.

Citation	Decree of the Government of the Czechoslovak Socialist Republic No. 54 / 1975 Coll., implementing the Labour Code
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	09.06.1975
Effective from	01.07.1975
Effective until	-
Status	Valid

Decree of the Government of the Czechoslovak Socialist Republic implementing the Labour Code

Contents

§ 1

§ 2

§ 3

§ 4

§ 5

§ 6

§ 7

§ 8

§ 9