Decree of the Ministry of Labour and Social Affairs No. 63 / 1968 Coll.
Decree of the Ministry of Labour and Social Affairs on the principles for reducing weekly working time and for implementing operating and working arrangements with a five-day working week
Valid
Effective from 10.06.1968
63
DECLARATION
Ministry of Labour and Social Affairs
of 15 May 1968
on the principles for reducing weekly working time and for implementing operational and working arrangements with a five-day working week
The Government of the Czechoslovak Socialist Republic, in an agreement with the Central Council of Trade Unions pursuant to § 83 (3), § 84 (2) and § 85 of the Labour Code, established the following principles for reducing working time to 40, 41 1 / 4 and 42 1 / 2 hours per week and for implementing operational and working arrangements with a five-day working week:
Working time
Duration of working time
1. In organisations that create economic assumptions for this, working hours may be reduced as follows:
(a) 40 hours a week for underground workers in coal, ore and non-ore raw materials, mining and mining sites of geological exploration and workers in production sites (i.e. in industry, construction, agriculture, forestry and water and transport) with continuous and three-shift work arrangements;
(b) 41 1 / 4 hours per week for workers at production sites with two-shift work arrangements;
(c) 42 1 / 2 hours per week for workers at other workplaces, race guards, fire departments, guards and doormen.
2. The working hours shall be shortened in accordance with point 1 at the same time for a comprehensive organisational unit. Whether, in individual organisations, a comprehensive organisational unit for the purpose of shortening working time is defined as the whole undertaking or plant or merely operation, or where appropriate, workshop, farm, shop, public catering plant, railway stations, locomotive and wagon depot, etc., shall be decided by the authorising authority authorising the shortening of working time (paragraphs 36 and 38). However, this procedure does not mean that working hours are always shortened for all workers of a comprehensive organisational unit to the same extent.
3. Working hours, reduced to 40 or 41 1 / 4 hours per week (discounted reduced working time), shall be fixed not uniformly throughout the organisational unit for all workers under the work regime of the unit but for individual workers under the work regime. Thus, working hours, reduced to 40 hours per week, can only be set for workers working underground in coal, ore and non-ore mining, mining and mining sites, or for workers who regularly take turns in morning, afternoon and night shifts. Working hours, reduced to 41 1 / 4 hours per week, may only be fixed for workers who regularly take turns in the morning and afternoon shifts.
4. The weekly working hours of the worker, who is only on a non-regular basis in those shifts, shall be determined as the sum of the length of the shift he was due to have worked out in the week in question according to a predetermined distribution of the working time.
If such a worker has worked out the number of shifts relating to him in the relevant week, according to a predetermined distribution of working time, he shall be employed overtime over the working hours resulting from that distribution of working hours for shifts he has actually worked. Overtime work is still a day's work for him to take on a continuous rest of the week.
5. Exceptionally, for serious operational or health reasons, preferential reduced working time may be established for all workers of a comprehensive organisational unit of the lowest degree (in a workshop, guild or operation, not in the whole plant) if at least 80% of the workers are working on shifts.
6. The provisions of the preceding points shall not apply to workers whose weekly working hours have already been shortened below those limits on the basis of any other measure, or whose leave to recover is more than 6 calendar weeks in a calendar year.
According to these principles, working hours are not shortened by workers who have already been cut below those boundaries for health reasons, young workers under 16 years of age, workers at one-shift coal, ore and ceramic sites and at the mining sites of the geological survey (with the exception of underground workers), workers at one-shift workplaces in production integrated organisational units with continuous operation, where 42-hour weekly working hours can be maintained according to Decree State Planning Commission No 62 / 66 Coll., teachers, etc.
Five-day working week
7. When the working hours referred to in points 1 to 5 are reduced, a five-day working week with two days' leave per week may be introduced for workers.
If the nature of the work, the conditions of operation and the general interest so allow, two continuous days of continuous rest shall be provided to workers in the week, preferably to cover Sundays and Saturdays (general holidays) or Sundays and Mondays.
In other cases (in particular in continuous production facilities and in service sectors), workers shall be provided with two continuous or individual days of continuous rest per week on other days.
8. Workers whose working hours are spread out unevenly on individual weeks (Section 85 of the Labour Code) may also be unevenly distributed over the course of the year in the number of days of continuous rest in the week, while complying with Section 92 of the Labour Code.
Workers at workplaces with continuous work, shop workers and staff at public catering establishments with a maximum of two workers and a seven or six-day work regime and staff at shops and public catering establishments with the seasonal nature of the operation may be allocated annual working hours in such a way that free days are continuous, a total of no more than two weeks' leave; stage and artistic workers of artistic establishments with seven or six days' work arrangements may be allocated to annual working hours in such a way as to create a continuous leave for their free days, which shall not exceed eight weeks in total with due leave and spare leave. However, this allocation of annual working time may only be used if those workers cannot be given days by other means and if their daily working hours cannot be reduced.
9. Where serious operational or health reasons so require, the reduction in weekly working time may be done by shortening the length of shifts on leaving a six-day working week.
Economic assumptions
10. A reduced weekly working hours may be introduced by the organisation only if this does not result in:
(a) to slow down the growth in the volume and quality of production and services and their economy;
The organisation must create economic assumptions to ensure full remuneration of the wasted working time from its own resources (without increasing the number of workers, wage and investment resources), with the exception of the partial remuneration provided by the government exceptionally for certain sections in the services sector, without increasing the wage costs per unit of production or output (services), while at the same time ensuring the pace of wage growth and its relation to the economic results achieved under the policy-economic guidelines for wage regulation and without unjustified rise in price levels.
The loss of working time will be covered by the use of internal reserves, in particular by a continuous increase in the technical and organisational level of production and services and by the consistent use of working time.
The transition to reduced working hours must not, in principle, increase overtime but, on the contrary, its substantial limitation should be considered as a permanent task even in reducing working time.
(b) to disrupt relations with organisations in downstream sectors, in particular transport and energy, and the relations of production organisations with trade organisations.
In organisations co-operating with each other, where appropriate, direct supplies to the retail network, the new operating and working arrangements shall not undermine the agreed continuity of cooperation and, where appropriate, the supply of goods, including compliance with its range.
The organisation shall, at the latest within the period set for the conclusion of contracts for the supply of electricity, discuss proposals for its possible amendments with the relevant electricity suppliers.
The transition to reduced working hours shall not result in the use of basic means for transport and the accumulation of rights for passenger and freight services on working days, nor in the need for new labour and resources in transport. Loading and unloading will be ensured in all days of the week by agreement between the carrier and the carrier.
This Agreement
in rail transport
(a) an organisation having a monthly supply of 20 to 100 units on average with the relevant railway station;
(b) an organisation having a monthly supply of between 101 and 1000 units of vehicle, with the relevant operating section;
(c) an organisation having a monthly supply of more than 1000 units of vehicle, with appropriate track management;
in road and urban transport
organisations with the relevant municipal, district, regional national committee, or the National Committee of the Capital of Prague or the National Committee of the Capital of Slovakia Bratislava (hereinafter referred to as the Regional National Committee).
For lines crossing the border, the relevant Regional National Committee shall proceed in agreement with all other participating Regional National Committees; the necessary changes on long-distance lines may be approved by the Ministry of Transport on a proposal from the participating regional national committees.
Operating and working modes
11. When the working time referred to in points 1 to 5 is reduced, operational and working arrangements shall be established taking into account the interests of the workers and in accordance with the needs of the company and the conditions of operation.
12. The morning shift must not begin in principle before 6: 00 a.m.; the exceptions are only possible where the working time will be spread unevenly over each week (Section 85 of the Labour Code).
When working time is evenly distributed on a weekly basis, the working time shall be substantially divided into five working days per week. Even before the day off, it shall not be less than 8 hours in the morning shift and at one-shift workplaces and 7 1 / 2 hours in the afternoon and night shift, unless this is necessary for health reasons.
13. When establishing operational and working arrangements, the organisation must follow the instructions of the relevant Regional National Committee, issued in agreement with the Regional Labour Code (Section 93).
In industry, construction, agriculture, forestry and water management
14. The transition to reduced weekly working hours and a five-day working week is intended to contribute to a sustained effort to make effective use of basic funds. The basic operating and working arrangements shall be two-shift operations; Three-shift or continuous operation shall be maintained or reintroduced where necessary or effective for technological, capacity, energy or transport reasons, or where, for economic reasons, the maximum use of expensive equipment is to be made.
15. It is recommended also to apply the operating and working arrangements with longer morning shift (8 1 / 2 hours) to multi-shift production sites (taking into account, in particular, local economic, operational, health and transport conditions) as a solution that allows the highest degree of harmonisation of the interest of multi-shift and one-shift production sites for the introduction of a five-day working week, and on this basis to combine the beginning and end of working hours with timetables.
In service sectors
16. Reducing weekly working time in the services sector must not make it worse to meet the needs of the population and organisations. Therefore, the shortening of working time in these sectors will be carried out without shortening operating (opening) hours, as a rule, so that workers are cyclically switched.
17. Weekly operating (opening) hours can be limited only exceptionally, based on demand survey, after consultation with citizens (public meeting of citizens or members of the consumer cooperative) and after approval by the relevant national committee.
The weekly operating (opening) time limitation is recommended only in the following cases:
(a) shortening the opening time during the day for shops and public catering establishments with a maximum of three workers, on the local farm for collection and other establishments with a maximum of two direct customer contact workers, on post offices in category III to IV with a maximum of two staff at bulkheads (except the post office manager), on pharmacies with a maximum of two staff and on cultural facilities with one working worker;
(b) half-days for industrial goods stores with a maximum of three workers, for food and vegetable stores and for public catering establishments with a maximum of four workers, on the local farm for collection and other establishments with a maximum of two direct customer contact workers and for cultural facilities with a maximum of two operating staff, provided that days cannot be provided by alternating workers;
(c) closing days for food and vegetable shops with one worker in the cities and with a maximum of two workers in the villages, for industrial goods outlets with a maximum of two workers, for public catering events with a maximum of three workers in the cities and for a maximum of two workers in the villages and in the local economy at the collection centres and other establishments with one worker having direct contact with customers; exceptionally for category IV to VI post offices and in large cities (with multiple post offices) established by the Central Communications Administration as well as for category III post offices; for nursery and nursery schools, if there are no children in those establishments whose two parents work on Saturday (while maintaining the same possibility of bringing their parents' children to those establishments); in the case of pharmacies with one worker, or where the supply of medicines is otherwise ensured in a place with one pharmacy; for cultural establishments with one operating worker.
The closing days in these cases are to be introduced only in places where traffic (sales) in another operating unit is provided in sufficient proximity, otherwise exceptionally only after a thorough demand survey. In the village, however, do not apply this adjustment during the recreational and agricultural season. At post offices ensure delivery of mail and basic postal services even on closing days.
18. The layout of operational time and working arrangements during the week and the resulting working capacity of organisations in the service sector shall be adapted to the intensity of demand and needs of the population and organisations in each day of the week and per day and shall be agreed with the relevant national committee.
On the days of peak traffic intensity (in artistic, cultural and sports facilities, retail, public catering and local economy services), the relevant facilities, stores and establishments must neither weaken their capacity nor reduce their operating (opening) time nor reduce the number of workers.
In other sectors, it is recommended, in accordance with those principles, to proceed as follows:
Public passenger transport will also ensure, on Saturday, the transport of workers working on Saturday, school pupils and recreational transport. At the post office, the working capacity will correspond to the traffic intensity on Saturday; the capacity will not be weaker than on Sunday at category IV post offices; in any case, delivery of consignments and basic postal services shall be ensured. The necessary range of treatment and other services, their fluidity and quality, will be provided in bed health facilities on Saturday morning. In outpatient health care facilities, work capacity will not be weakened more on Saturday than the frequency of patients on free Saturdays, so that outpatient treatment on Saturday morning does not only turn into emergency care. Medicinal products will be preserved in the normal range on Saturday.
In central government, national committees and other state bodies
19. In reducing the weekly working time, the performance of the tasks of the competent authority and its contacts with citizens must be fully ensured, without increasing social resources.
20. The weekly working hours in these institutions shall, in principle, be scheduled for five working days, so that the working days are for Saturday and Sunday, and if local needs and conditions so require, that the working hours on one working day of the week (usually Wednesday) end later than the other days, but not later than 6 p.m. In doing so, on working days, it is necessary to ensure, according to local conditions and needs, the necessary on-call time at those workplaces which ensure contact with citizens or with subordinate organisations. The start of working time in the national authorities shall be determined between 6.30 and 7.30 hours; in Prague, the start of working hours in the state authorities can be determined between 6.30 and 8.00, taking into account the transport conditions.
21. Other public authorities are public authorities subordinate to central government bodies or national committees, courts and prosecutors for the procedure under these principles.
Wage questions
Reimbursement of work expenses
Labour and sickness issues
29. If a worker is on leave on a full-time or calendar-week basis, he shall be on leave for the relevant number of weeks of leave, whether or not that leave is on the day off.
If a worker takes leave exceptionally in parts shorter than a week, he is responsible for as many working days as he would normally have had if he had taken a vacation in one piece.
That means
(a) for one five-day working week within four weeks, the worker entitled to:
| dvoutýdenní dovolenou | 12 pracovních dnů, |
| třítýdenní dovolenou | 17 pracovních dnů, |
| čtyřtýdenní dovolenou | 23 pracovních dnů, |
(b) for two five-day working weeks within four weeks, the staff member entitled to:
| dvoutýdenní dovolenou | 11 pracovních dnů, |
| třítýdenní dovolenou | 17 pracovních dnů, |
| čtyřtýdenní dovolenou | 22 pracovních dnů, |
(c) for three five-day working weeks within four weeks, the worker entitled to:
| dvoutýdenní dovolenou | 11 pracovních dnů, |
| třítýdenní dovolenou | 16 pracovních dnů, |
| čtyřtýdenní dovolenou | 21 pracovních dnů, |
(d) for four five-day working weeks within four weeks, the staff member entitled to:
| dvoutýdenní dovolenou | 10 pracovních dnů, |
| třítýdenní dovolenou | 15 pracovních dnů, |
| čtyřtýdenní dovolenou | 20 pracovních dnů. |
If a worker chooses leave partly after weeks and partly after days, it is also true that he is entitled to up to a maximum of the working days of leave that he would receive according to the previous calculation.
In determining the proportion of the additional leave, it is always based on the principle that one twelfth of the additional leave is half the working day, regardless of the extent to which the weekly working time is reduced.
The arrangements for drawing up vacations in organisations where working time is spread out unevenly throughout the calendar year (Section 85 of the Labour Code) may, mutatis mutandis, be adapted by the central competent authority in agreement with the Central Committee of the Trade Union and with the agreement of the Central Council of Trade Unions; it may also provide for an appropriate procedure for the compensation of the holiday wage.
30. Reimbursement of the vacation salary will be paid to the worker in as many working days as he has been denied, according to the schedule of shifts at the time of his leave, whether he takes a vacation in whole, after weeks or after shorter periods. The compensation for the holiday wage is equal to the average earnings.
31. A free day of the week, obtained by shortening the working time (by adjusting operating and working arrangements), shall be considered as a day of continuous rest for the worker in the week.
32. The reduction of weekly working time is not considered to be a permanent change in the basic wage for the calculation of the average earnings (Section 275 of the Labour Code and Sections 30 to 34 of Decree No. 66 / 1965 Coll.).
33. The reduction of weekly working time is not considered to be a permanent change in basic salary for sickness insurance purposes either. The daily amount of sickness (support for family care) shall be collected in the organisation according to binding tables issued by the Central Board of Trade Unions. *)
The calculation of sick leave (family care aid) shall be carried out as follows:
(a) When shortening working time to 40 hours per week, distributed within five working days to underground workers in coal, ore and non-ore raw materials, mining and mining sites of the geological survey are used for the calculation "Tables III b, c for a set of workers with a 40-hour weekly working time spread within five working days."
At
1. The average gross hourly wage (part A of the table) recorded during the relevant period shall be increased by a coefficient corresponding to the ratio of the weekly working time that was paid in the relevant period to the reduced 40-hour working time;
2. the basis for establishing the levy shall not be changed for workers who receive sickness benefit on average gross monthly wages (part B of the table);
3. The average gross daily wage for workers who receive sickness from the average gross daily wage (part C of the table) should be re-determined, in principle by dividing the deductible earnings in the relevant period by the number of working days that would be working for the worker during the relevant period if it had already paid a reduced 40-hour weekly working time, spread out within five working days.
(b) When working time is reduced to 40 hours per week with a five-day working week to workers at production sites with continuous and three-shift work arrangements, or when working time is reduced to 411 / 4 hours per week with a five-day working week to workers at production sites with two-shift work arrangements or when working time is reduced to 421 / 2 hours per week with a five-day working week to workers at other workplaces, "Table VII / b is used for a set of workers with 421 / 2-hour working hours per working day." The average gross hourly wage recorded in the relevant period shall be increased by a coefficient corresponding to the ratio of the weekly working time that was paid in the relevant period to the reduced 42 1 / 2-hour weekly working hours to workers who are sick under the average gross hourly wage (part A of the table); where the reduced weekly working hours have already been applied in the relevant period, the percentage surcharge on the wage rate for the second and third shifts shall not be included in the deductible earnings. In the case of workers who receive sickness benefit, the average gross monthly wage (part B of the table) or the average gross daily wage (part C of the table) shall be treated in a similar manner to those referred to in (a); However, if, during the relevant period, the reduced weekly working hours have already been in place and the sickness benefit from the average gross daily wage is determined, the percentage premium to the wage rate for the second and third shifts shall be included in the deductible earnings.
34. Workers who have become incapacitated before the date of the introduction of the new schedule of working time and who have continued to continue to have their work there until the end of the period, i.e. that even after the introduction of the reduced weekly working time (adjustments to operating and working arrangements), the benefit is granted at the same rate and for all working days (paid holidays), which would be the working days of the worker in the absence of a new working time adjustment. For workers who have become incapacity for work after working time adjustment, the general rules on sickness insurance and those principles shall be followed.
Organisation of transition to 40, 41 1 / 4 and 42 1 / 2 hour weekly working hours with a five-day working week
35. Organisations may introduce a reduced weekly working time following the creation of economic assumptions, in principle either on 1 January or on the last Sunday in May or on the last Sunday in September (dates related to the adjustment of timetables in each year), starting on 29 September 1968.
36. Organisations may introduce weekly working hours shortened according to these principles only after prior approval by the competent central authority and by organisations managed by national committees only after prior approval by the competent regional national committee. The approval authorities shall proceed in agreement with the relevant trade unions. Prior to approval, they are required to verify whether the conditions laid down for the introduction of reduced working time are met, whether the new operational and work arrangements are agreed with all the authorities involved (point 10) and, in particular, are in line with the guidelines of the relevant Regional National Committee (point 13).
The approval does not relieve the organisation of the responsibility that the necessary economic assumptions have been created to introduce reduced working time and that the reduction in working time will not have adverse economic consequences.
37. In the transitional period following the introduction of reduced weekly working time in organisations, the authorising authority shall, as a general rule, monitor the economic results achieved by the authorising authority until the end of the following calendar year. If it finds deficiencies, it will ensure correction. In justified cases, the organisation shall require a return to the original weekly working hours.
38. The powers to approve the transition of individual organisations to reduced weekly working hours (paragraph 36) and to decide in accordance with paragraph 37 may be delegated by the central authorities to the Directorate-General (branch) or, where appropriate, equivalent bodies and regional national committees to regional national committees for organisations managed by national committees.
39. The Regional National Committees, in cooperation with the competent energy and transport authorities and in agreement with the Regional Trade Council (Section 93 of the Labour Code), shall coordinate the application of operational and working arrangements to all organisations in the territory of the Region in particular from the following aspects:
(a) coordinate the establishment of the start and end of working time in accordance with these principles so as to reduce as far as possible the loss of workers' time while waiting for means of transport. Derogations from the general rules allow only such a way that public transport is not adversely affected as a priority adapted to the rules. In doing so, they shall ensure that the morning shift does not start in principle before 6 a.m. unless strictly necessary for the reasons set out in point 12;
(b) for production organisations which do not yet create the conditions for reducing the weekly working time in full in accordance with points 1 to 5 and which, from 29 September 1968 on a transitional basis, introduce only three free Saturdays during four weeks, coordinate operational and working arrangements so that the remaining working Saturday falls into weeks, the order of which has been divisible by four since the beginning of the year;
(c) set a deadline for the start of shortening of working time in the services sector in accordance with paragraph 35 and coordinate operational and working arrangements in organisations in order to ensure the supply and operation of services even in free Saturdays in accordance with the needs of the population.
Final provisions
40. Pending the introduction of the reduced weekly working time according to these principles, the procedure laid down in Decree No 62 / 1966 Coll.
41. This decree shall take effect on the day of its publication.
Minister:
Štancež v. r.
*) The sickness insurance is provided under Section 2 of Act No. 67 / 1965 Coll., on certain changes in sickness insurance, and Sections 23 to 25 of the Order of the ÚRO No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance, for working days. The binding tables were published by the Central Council of Trade Unions pursuant to Section 12 of the Order; are available to organizations at the district health insurance offices of the county trade unions.
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs No. 63 / 1968 Coll., on the principles for shortening weekly working time and for introducing operational and working arrangements with five-day working week |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.06.1968 |
|---|---|
| Effective from | 10.06.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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