Act No. 62 / 1983 Coll.
Act on the Loyalty Admission of Miners
Valid
Effective from 01.07.1983
62
THE LAW
of 13 June 1983
on the loyalty of miners
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Purpose of the law
This law provides for the granting of a loyalty allowance for miners (hereinafter referred to as the "loyalty allowance ') as the recognition and appreciation of loyalty to the mining profession.
Scope
(1) Loyalty allowance is granted to workers engaged in mining activities in mining operations.
(2) Mining activities for the purposes of this Act are:
(a) mining and quarrying of coal, radioactive minerals, ores and other minerals in mining mines and sublevel quarries;
(b) the extraction of oil, natural gas, stone salts and brine, other minerals conquered in sub-tier quarries and medicinal radioactive water;
(c) the setting-up and disposal of mining works, quarries, including hiding and mining operations;
(d) geological exploration for mineral mining;
(e) the setting up and destruction of underground structures by mining for the purposes of transport, water, energy, telecommunications and scientific research;
(f) the technological transport of the minerals referred to in (a) and the operation of the underground mine waste and sub-level quarries;
(g) ensuring the automation, mechanisation and safety of work in the activities referred to in (a) to (f) and de-gasification of mining mountains;
(h) the management and supervision of the activities referred to in points (a) to (g).
(3) Mining operations for the purposes of this Act are:
(a) group undertakings, national undertakings and special-purpose organisations in which the mining activity is the predominant activity;
(b) the lower organisational services of the production unit performing the mining activity;
(c) district mining authorities.
(4) Loyalty allowance is also granted to apprentices and pupils who prepare for the mining profession in mining teaching and study fields in secondary vocational schools ("pupils').
(1) Loyalty allowance shall also be granted to workers engaged in mining activities and then released for political or trade union functions in mining operations. The performance of these functions is considered to be a mining activity for the purposes of the loyalty allowance.
(2) Loyalty allowance is also granted to workers who have carried out mining activities in mining operations for at least 10 years and then:
(a) they work at the Directorate-General of the Mining Mining Production Unit (hereinafter referred to as the Mining Production Unit);
(b) work on a central body of the state administration in whose field the mining activity is carried out;
(c) work at the central authority of the State Mining Administration;
(d) work in the mining scientific research institute or in the mining project organisation;
(e) they are released for the performance of their duties in higher trade unions in which they provide trade union activity in mining operations.
Establishment of entitlement
(1) The entitlement to the loyalty allowance is due to the fulfilment of the waiting period requirement.
(2) The waiting period for workers referred to in Articles 2 (1) and 3 (1) shall be the minimum period of employment on 30 June of the current year.
(a) to an organisation carrying out mining activities
1. Three years, or
2. one and a half years in mining and exploration of radioactive minerals in deep mines;
(b) to another organisation within a mining production unit for three years, provided that they have carried out a mining activity of at least 120 shifts (working days) each year.
(3) Mining year means the period from 1 July to 30 June of the following calendar year.
(4) The periods of duration of the employment relationships referred to in paragraph 2 are added together.
(5) Loyalty allowance after the first year of preparation is for pupils.
(6) The waiting period shall include the period of successfully completed studies in secondary vocational schools with a mining focus and in technical schools with a focus on mining, as well as the period of preparation for the mining profession in the teaching and study fields, provided that the worker immediately enters into employment with the mining organisation after completion of the study or preparation.
(7) The duration of detention and the execution of the sentence of imprisonment shall not be taken into account if the worker has been convicted of a criminal offence or offence.
Workers who are in employment with an organisation referred to in Paragraph 4 (2) (b) shall be entitled to a loyalty allowance only for the mining year in which they engage in mining activities for at least 120 shifts (working days).
Limitation and loss of entitlement
(1) Loyalty allowance does not apply
(a) for the duration of the service, if the worker has given a valid statement before the due date (Paragraph 10 (4));
(b) for the period during which the worker is entitled to a recruitment or other similar allowance under special rules; 1)
(c) for the period during which the worker receives the old-age pension or part thereof;
(d) for the period referred to in Article 4 (7).
(2) Loyalty allowances are also not due for the remainder of the calendar months in which the beginning or end of the periods referred to in the preceding paragraph falls.
(3) A worker with whom the organisation has untied his employment in the mining year because of a breach of labour discipline (Sections 46 (1) (f) and 53 (1) (b) of the Labour Code) loses entitlement to the loyalty allowance for that mining year.
Amount of the loyalty allowance
(1) Loyalty allowance is granted in annual amounts graduated according to the number of completed years of mining activity in mining operations, including waiting periods ("mining period"). This period shall be determined on 30 June of the current year.
(2) In order to determine the amount of the loyalty allowance, mining activities shall be classified into groups according to the difficulty and risk of the work carried out.
(3) Pupils shall be granted a loyalty allowance of an amount graduated according to the number of completed years of preparation.
(1) The workers referred to in Article 5 are granted a loyalty allowance for the entire mining year equal to the group of mining activities carried out and the number of completed mining years in which they have fulfilled the conditions for entitlement to the loyalty allowance.
(2) The workers referred to in Article 3 (2) shall be granted a loyalty allowance equal to the amount due to them for the mining year in which the mining activity in mining operations ceased; for the duration of the further employment, the loyalty allowance shall not be increased for these workers.
(3) Workers who have become permanently unfit for work because of their state of health for the reasons mentioned in the Special Regulation (2) and who are:
(a) transferred to another work or released to another organisation within a mining production unit or to a mining scientific research institute, a loyalty allowance shall continue to be granted at the rate corresponding to the group of work they carried out before the transfer or release;
(b) released to another organisation, the releasing organisation may provide a one-off refund of the loyalty allowance according to the period of mining activity up to six times the loyalty allowance due to them for the mining year in which the release took place.
(4) A collective agreement will provide for a more detailed definition of the conditions for granting a one-off refund of the loyalty allowance.
(1) Loyalty allowance shall not be reduced for the duration of the obstacles to work if the worker is entitled to compensation for the wage or cash benefits of sickness insurance replacing the salary.
(2) Loyalty allowance is reduced by one twelfth of the annual amount for each unconditionally missed shift (working day) in the relevant mining year; The unexcused parts of the shifts are added up.
(3) In the case of obstacles to work without compensation, with the exception of basic (replacement) military service and care for a sick child under 10 years of age after the end of the period of nursing care, the loyalty allowance shall be reduced by one twelfth of the annual amount for each 22 so-missed shifts (working days) in the relevant mining year.
(4) In the event of the creation or termination of a contract during the mining year, the worker shall be entitled to one twelve per year of the loyalty allowance for each calendar month.
Payment and maturity of the loyalty allowance
(1) Loyalty allowance is paid once a year to Mining and Energy Day for the past mining year. On the same day, a loyalty allowance shall be paid to pupils for the completed year of preparation.
(2) Loyalty allowance is provided by the organisation to which the worker is employed. It provides students with a loyalty allowance from the organisation for which they are preparing for the mining profession.
(3) The staff referred to in Articles 3 (1) and 3 (2) (e) are granted a loyalty allowance from an organisation to which they were in employment before being released.
(4) For the duration of the basic (replacement) military service, the loyalty allowance shall be payable within one month of the end of the service.
Common, transitional and final provisions
(1) The period of basic (spare) military service shall be included in the period of mining activity if it is immediately followed up.
(2) The period worked in the organisations and bodies referred to in Article 3 (2) shall be included in the period of mining activity where the worker has immediately switched to the reactivity of mining operations.
The staff referred to in Articles 3 and 8 (3) (a) who have changed their employment before the date of application of this Act shall be granted the loyalty allowance at the level in which they would be entitled if the change in employment had taken place under the effectiveness of this Act.
The Government of the Czechoslovak Socialist Republic, after consulting the Central Council of Trade Unions, provides for a regulation
(a) a list of minerals conquered in deep-sea mines and sublevel quarries (§ 2 (2) (a) and (b));
(b) which other works are considered to be underground buildings set up and disposed of in a mining manner [Paragraph 2 (2) (e)];
(c) inclusion of mining activities in groups (§ 7 (2));
(d) the annual amounts of the loyalty allowance (Section 7 (1)) and the detailed conditions for granting it.
Loyalty allowance under this law will be paid for the first time to Miners and Energy Day 1984.
They shall be deleted:
1. Act No. 177 / 1968 Coll., on the loyalty of miners;
2. Paragraph 13 of Decree No. 129 / 1979 of the Federal Ministry of Labour and Social Affairs Coll., on the employment and physical security of miners permanently unfit for work, as amended by Decree No. 145 / 1982 Coll.
This Act shall take effect on 1 July 1983.
Husák v. r.
Indra v. r.
in z. Rhubarb v. r.
1) For example, Decree No. 33 / 1974 of the Federal Ministry of Labour and Social Affairs Coll., on Contributions and Refunds to be provided to staff recruited by National Committees.
2) Paragraph 1 (1) and (2) of Decree No. 129 / 1979 of the Federal Ministry of Labour and Social Affairs Coll., on the employment and physical security of miners permanently unfit for work, as amended by Decree No. 145 / 1982 Coll.
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Regulation Information
| Citation | Act No. 62 / 1983 Coll., on the Loyalty Admission of Miners |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1983 |
|---|---|
| Effective from | 01.07.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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