What is Act No. 65 / 1965 Coll.?

Act No. 65 / 1965 Coll., Labour Code — Labour law.

When it became Act No. 65 / 1965 Coll. effectiveness?

Act No. 65 / 1965 Coll. became effective 01.01.1966.

Is Act No. 65 / 1965 Coll. still valid?

Yes, Act No. 65 / 1965 Coll. is still valid and effective.

Act No. 65 / 1965 Coll.

Labour law

Valid Effective from 01.01.1966

ČÁST PRVNÍ HLAVA PRVNÍ § 1 § 2 § 3 § 4 § 5 § 6 HLAVA DRUHÁ § 7 § 8 § 8a § 8b § 9 § 9a § 10 § 11 § 12 § 14 § 15 § 16 § 17 HLAVA TŘETÍ § 18 § 18a § 18b § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 25a § 25b § 25c § 25d § 25e § 25f § 25g § 25h § 25i § 25j § 25k § 25l § 25m § 26 ČÁST DRUHÁ HLAVA PRVNÍ § 27 Oddíl první § 28 § 29 § 29a § 29b § 30 § 31 § 32 § 33 § 35 Oddíl druhý § 36 § 37 § 38 § 38a § 38b § 39 § 40 § 41 Oddíl třetí § 42 § 43 § 44 § 45 § 46 § 47 § 48 § 49 § 51 § 52 § 53 § 54 § 55 § 56 § 57 § 58 § 59 § 60 § 60a § 60b § 60c Oddíl čtvrtý § 61 § 62 § 63 § 64 Oddíl pátý § 65 § 68 Oddíl šestý § 69 § 70 § 70b § 71 HLAVA DRUHÁ § 73 § 74 § 75 § 82 HLAVA TŘETÍ Oddíl první § 83 § 83a § 84 § 85 § 85a § 85b § 85c § 85d § 86 § 87 § 88 § 89 § 90 § 91 § 92 § 93 § 94 § 95 Oddíl druhý § 96 § 98 § 99 § 99a Oddíl třetí § 100 § 101 § 102 § 104 § 105 § 106 § 107 § 108 § 109 § 110 § 110a § 110b § 110c HLAVA ČTVRTÁ Oddíl první § 111 § 119 § 120 § 121 Oddíl druhý § 124 § 125 § 126 § 127 § 128 § 129 § 130 Oddíl třetí § 131 HLAVA PÁTÁ § 132 § 132a § 132b § 133 § 133a § 133b § 133c § 134 § 134a § 134b § 134c § 134d § 134e § 135 § 136 § 136a § 137 HLAVA ŠESTÁ Oddíl první § 139 § 140 § 141a § 142 § 142b § 143 § 144 § 145 Oddíl druhý § 146 § 147 § 148 HLAVA SEDMÁ Oddíl první § 149 § 150 Oddíl druhý § 153 § 154 § 155 § 156 § 157 § 158 § 159 § 160 § 161 Oddíl třetí § 163 § 164 § 165 § 166 § 167 § 168 HLAVA OSMÁ Oddíl první § 170 § 171 Oddíl druhý § 172 § 175 § 176 § 177 § 178 § 178a § 178b § 179 § 180 § 181 § 182 § 183 § 184 § 185 Oddíl třetí § 187 § 190 § 191 § 192 § 193 § 193a § 194 § 195 § 195a § 196 § 197 § 198 § 199 § 200 § 202 § 203 § 204 § 205 § 205a § 205b § 205c § 205d § 206 HLAVA DEVÁTÁ § 207 ČÁST TŘETÍ ČÁST ČTVRTÁ § 232 § 233 § 234 § 235 § 236 § 237 § 238 § 239a § 239b ČÁST PÁTÁ HLAVA PRVNÍ § 240 § 241 § 242 § 243 § 244 § 245 HLAVA DRUHÁ § 246 § 247 § 248 HLAVA TŘETÍ § 249 § 250 § 251 § 251a § 251b § 251c § 251d HLAVA ČTVRTÁ § 252 § 253 § 254 § 255 § 256 § 257 § 258 § 259 § 260 HLAVA PÁTÁ § 261 § 262 § 263 § 264 § 265 § 266 § 266a ČÁST ŠESTÁ § 267 § 269 § 270 § 270a § 271 § 272 § 273 § 274 § 275 § 276 § 277 § 278 § 279 § 280

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of 16 June 1965

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

ČÁST PRVNÍ

GENERAL PROVISIONS

HLAVA PRVNÍ

SCOPE OF THE LAW

§ 1

(1) Labour relations are established between workers and employers.

(2) Unless otherwise provided in the Labour Code or other legislation, employment relationships shall arise at the earliest from the conclusion of a contract of employment, an agreement on the performance of work or an agreement on employment, and where the employment relationship of a staff member is established by choice or appointment, at the earliest from its election or appointment.

(3) Employers shall be obliged to ensure equal treatment of all employees in terms of their working conditions, including remuneration for work and other cash transactions and the performance of cash value, training and the opportunity to achieve a functional or other work process; a distinction shall not be considered as unequal treatment provided for by this Code or special legislation, or where there is a substantive reason for that, consisting of the nature of the work carried out by the staff member and which is necessary for the performance of that work.

(4) In employment relationships, direct and indirect discrimination on grounds of sex, sexual orientation, racial or ethnic origin, nationality, citizenship, social origin, gender, language, health, age, religion or belief, property, marital and family status, political or other thinking, membership and activity in political parties or political movements, trade union organisations or employers' organisations shall be prohibited; discrimination on grounds of pregnancy or maternity shall be considered as discrimination on grounds of sex. Discrimination shall also be regarded as involving the incitement, incitement or incitement to discrimination.

(5) Discrimination shall not be regarded as discrimination on the grounds referred to in paragraph 4 where it is apparent from the nature of the work or context that that reason constitutes a substantive and decisive requirement for the performance of the work to be carried out by the staff member and which is necessary for the performance of that work; the objective pursued by such an exception must be justified and the requirement proportionate. It is also not regarded as discrimination as a temporary measure by an employer aimed at achieving an equal representation of men and women in the recruitment of workers in employment, training and the opportunity to achieve a working or other position in employment, provided that there is a reason for such a measure to be uneven. However, the employer's practice must not be directed at the detriment of an employee of the opposite sex whose quality is higher than that of the employees recruited at the same time.

(6) Direct discrimination means the conduct or omission by which the worker is, or would be, treated more favourably or more favourably than any other worker, on the basis of a distinction based on defined discriminatory grounds (Paragraph 1 (4)).

(7) Indirect discrimination is an act or omission where a seemingly neutral decision, distinction or employer's practice impair or favour an employee against another on the basis of a distinction based on defined discriminatory grounds (§ 1 (4)); indirect discrimination on grounds of health is also a refusal or omission to take adequate measures, which are necessary in a particular case, in order for a natural person with disabilities to have access to the exercise of his or her work and to a functional or other procedure in employment.

(8) Infringement means conduct which is rightly perceived as unwelcome, inappropriate or offensive by the employee concerned and whose intention or effect leads to a reduction in the dignity of the natural person or to the creation of an unfriendly, degrading or disturbing workplace environment.

(9) Sexual harassment means acts of a sexual nature in any form which are rightly perceived as unwelcome, inappropriate or offensive by the employee concerned and whose intention or effect leads to a reduction in the dignity of the natural person or the creation of an unfriendly, degrading or disturbing workplace environment, or which may be legally perceived as a condition for a decision affecting the exercise of rights and obligations arising from employment relationships.

(10) Sexual harassment, sexual orientation, racial or ethnic origin, disability, age, religion or belief and sexual harassment are considered discrimination.

§ 2

(1) The employment code shall apply to the relations arising from the exercise of public office if it is expressly provided for or provided for in specific provisions.

(2) Where a public office is performed in an employment relationship, that employment relationship shall be governed by the Labour Code.

§ 3

The working relationship between the cooperative and its members shall be governed by the Labour Code, unless a special law provides otherwise. 1)

§ 4

The Labour Code shall apply to the employment relationship of judicial candidates, prosecutors, legal candidates and members of the armed forces in active employment only if it is expressly provided for or provided for in specific legislation.

§ 5

The employment relationship of officials of local and local authorities, teachers of universities, directors of public research institutions, transport staff, masters and masters of vessels and crew of vessels engaged in inland and maritime navigation, staff of the Probation and Mediation Service, lawyers, lawyers in employment affairs (1c) and the Ombudsman shall be governed by the Labour Code, unless otherwise provided for in specific legislation.

§ 6

(1) Labour relations between employees and foreign employers in the Czech Republic, as well as between foreigners working in the Czech Republic and domestic employers, are governed by the Labour Code, unless private international law provides otherwise.

(2) Where a staff member is seconded to work in the territory of another Member State of the European Communities or a staff member of an employer from another Member State of the European Communities is seconded to work in the territory of the Czech Republic, he shall be subject to the arrangements of the Member State in which the work is carried out in respect of:

(a) length of working hours and rest periods;

(b) the length of the holiday to be recovered;

(d) safety and health at work;

(e) working conditions for women and adolescents and staff caring for at least one child under three years of age;

(f) equal treatment of men and women and non-discrimination.

The first sentence shall not apply where the claims arising from the legislation of the Member State of the European Communities from which the staff member has been seconded are more favourable to him. The benefit shall be assessed separately for each occupational claim.

(3) Paragraph 2 (c) shall not apply if the period of secondment of a staff member does not exceed a total period of one month during the last 12 months from the beginning of the secondment.

(4) Paragraph 2 (b) and (c) shall not apply where the period of work to be performed by the posted staff member does not exceed a total of 22 days during the last 12 months from the beginning of the secondment.

(5) Paragraphs 2 to 4 shall not apply to staff of public authorities.

HLAVA DRUHÁ

PARTICIPANTS OF WORKING LEGAL RELATIONS

§ 7

(1) Labour relations under this Code can only be established with the consent of a natural person and employer.

(2) The exercise of rights and obligations arising from employment relationships must not, without legal justification, interfere with the rights and legitimate interests of the participants in the labour relationship and must not be contrary to good manners.

(3) The employer must not penalise or disadvantage workers in any way because he legally seeks his rights and rights arising from employment relationships.

(4) If, in employment relations, there is a breach of rights and obligations arising from equal treatment or discrimination, the staff member shall have the right to request that such infringement be waived, that the consequences of such infringement be removed and that adequate satisfaction be given to him.

(5) Where the staff member's dignity or seriousness at the workplace has been greatly reduced and the redress referred to in paragraph 4 has not been sufficient, he shall have the right to compensation for the damage in cash which is not property.

(6) The amount of compensation referred to in paragraph 5 shall be determined by the court taking into account the seriousness of the damage suffered and the circumstances in which the rights and obligations have been infringed.

Employers

§ 8

(1) Employers are, for the purposes of this Code, legal or natural persons who employ natural persons in employment relationships and, where provided for by law, similar employment relationships.

(2) Employers shall act on their behalf in employment relations and shall be responsible for those relationships. The same applies to employers' organisational units, provided that specific rules and, where appropriate, the statutes of a citizen association are provided for in a special law; 29) However, if the employer is involved in the employment relationship, his organisational unit cannot be involved at the same time and vice versa.

(3) Employers are obliged to take care of the creation and development of employment relationships in accordance with this Code, other legislation and good manners.

§ 8a

The eligibility of a natural person to have rights and obligations in employment relationships as an employer arises by birth. Eligibility of a natural person by his or her own legal act to acquire rights and to assume obligations in employment relationships as an employer arises at the age of 18.

§ 8b

(1) Where a Member State is a participant in employment relationships, it is a legal person and an employer; This also applies to similar working relationships.

(2) The relevant organisational body of the State acts as a State in employment relations. 40)

§ 9

(1) Legal acts in employment relationships are done by an employer who is a legal person, in particular its statutory body, and by an employer who is a natural person by an employer; in their place, they may also be made by persons appointed by them. Other employees of the employer, in particular the head of his or her organisational services, shall be entitled as employers' bodies to act on behalf of the employer in the legal acts resulting from their functions laid down by the organisational rules.

(2) Within the limits of its competence, the employer may entrust other staff members in writing to perform certain legal acts in employment relations on his behalf. The written mandate shall specify the scope of the authorised staff member.

(3) Employers' managers, meaning their bodies (paragraph 1), as well as other employees in charge of the various stages of the employer's management, are entitled to lay down and impose on the employer's subordinate staff work, organise, manage and control their work and give them binding instructions for that purpose.

§ 9a

(1) In the cases referred to in § 8b, legal acts in employment relationships are the head of the State's organisational body, 40) to which those legal acts relate. Other staff members, in particular the head of the organisational services of the State's organisational body, shall be entitled to take legal action resulting from their functions laid down by the rules on organisation.

(2) The head of the organisation of the State may delegate certain legal acts in employment relations to other staff working in that organisation of the State.

(3) The management staff referred to in paragraph 1 shall be those referred to in Article 9 (3).

§ 10

(1) The legal acts of the institutions and, where appropriate, the authorised staff (Sections 9 (1) and (2) and 9a (1) and (2)) oblige the employer, who shall also acquire rights from such acts.

(2) Where an institution or an authorised staff member has exceeded its authorisation by a legal act in employment relationships, they shall not commit such acts to the employer if the staff member has to know that that authority or the authorised staff member has exceeded its authorisation. The same shall apply where the legal act has been done by an employer's employee who has neither been authorised nor authorised to do so.

Staff

§ 11

(1) The ability of a natural person to have rights and obligations and the ability to acquire those rights in employment relationships and to take such obligations shall arise, unless otherwise specified, on the date on which the natural person reaches 15 years of age; However, the employer may not negotiate with her as the day on which she enters into work a day preceding the day on which the natural person terminates compulsory schooling.

(2) The work of natural persons under the age of 15 or over 15 until the end of compulsory education is prohibited. Such persons may only engage in artistic, cultural, advertising or sporting activities under the conditions laid down by specific legislation. 40 (a)

(3) A staff member may conclude a liability agreement (Paragraph 176) not earlier than the date on which he reaches the age of 18.

§ 12

(1) Eligibility for legal acts under the previous provision may be waived only by decision of the court. The legal acts for which he is not eligible shall be taken by his representative; it cannot, however, conclude a substantive liability agreement for it.

(2) The Court of First Instance shall restrict the staff member's legal capacity and determine in the decision the scope of that limitation if the staff member is able to do only certain legal acts for a mental disorder which is not only temporary or for excessive consumption of alcoholic beverages or other addictive substances or poisons.

(3) If an employee for a mental illness that is not only temporary is unable to act in any way, the court shall deprive him of his legal capacity.

(4) The Court of First Instance shall amend or revoke the waiver or limitation of eligibility if the grounds giving rise to them change or fall out.

Representation

§ 14

(1) The representation is based on a power of attorney agreement or a court decision. The representative shall act on behalf of the representative and shall give rise to rights and obligations directly from the representative.

(2) It is not possible to represent another person who is not capable of legal action or whose interests are contrary to the interests of the represented person.

(3) The representative must act in person; a further representative may only be appointed if it is provided for by law or agreed by the parties. The legal acts of another representative also give rise to rights and obligations directly represented.

(4) If the representative exceeds the scope of his authorisation, he shall be bound by it only if he approves or acts on the basis of such action.

§ 15

(1) Both the employee and the employer may be represented by another natural person or another legal person.

(2) The representation shall require a written mandate indicating the extent of the representative's authorisation, otherwise it shall not be valid.

(3) Unless otherwise specified in the mandate of several representatives, they must all act together.

§ 16

(1) The power of attorney shall cease if the representative withdraws it or if the representative denies it. The appeal or denunciation of power of attorney must be made in writing, otherwise it shall be void. The power of attorney will also cease to exist by the death of one of them, or the death of an employer.

(2) For other than the representative and the representative, the loss of power is only effective once they have heard of it.

(3) If a representative has died or has given evidence of his / her power of attorney, the representative is obliged to do all that is not acceptable to him / her in order that the representative does not suffer any harm to his / her rights. The actions taken in this way have the same legal consequences as if the representation still took place, unless they contradict what the represented or his heirs have done.

§ 17

(1) A representative of a staff member who has been deprived of legal capacity by decision of the Court or whose legal capacity has been limited by decision of the Court of Justice is a court-appointed guardian.

(2) The Court of First Instance may also appoint a guardian to the person whose residence is not known if this is necessary to protect his or her interests or the interests of the company. Under the same conditions, the court may appoint a guardian even if it is necessary for another serious reason.

(3) Where the interests of the guardian are met with the interests of the represented or the interests of those represented by the same guardian, the court shall appoint a special guardian.

HLAVA TŘETÍ

§ 18

(1) Staff members are entitled to information and consultation. The employer shall inform and deal with staff members directly, unless the competent trade union or staff council or the representatives in the field of safety and health at work (hereinafter referred to as "workers' representatives' representatives). The discussion shall mean negotiations between the employer and the staff member, and, where appropriate, negotiations between the employer and the representatives of the staff member with a view to reaching agreement. Information shall mean the transfer of data by the employer to employees or, where appropriate, to employees' representatives to meet and assess them. The employer shall be obliged to provide the information in an appropriate manner and in good time before the implementation of the measure so that the staff members and, where appropriate, the representatives of the staff can make their views known and express their views and prepare for the discussion, as appropriate. The employer shall ensure that the consultation is carried out in an appropriate manner and in good time before the action is taken. The employer shall comply with the request of the staff member or, where appropriate, of the representatives of the staff member for a personal meeting with the employer at the appropriate level of management, depending on the nature of the case. The consultation shall take place on the basis of information provided by the employer and on the basis of an opinion which the staff member or, where appropriate, the representatives of the staff member is entitled to express. Staff members and, where appropriate, staff representatives shall have the right to receive a reasoned reply to their opinion when discussing them. The employer and the staff members, and, where appropriate, the employees' representatives, shall be obliged to cooperate with each other, taking into account the legitimate interests of both the employer and the staff.

(2) The employer is obliged to inform the staff member of:

(a) the economic and financial situation of the employer, its latest activity and its likely development and the consequences of its environmental activity and its environmental measures;

(b) the transfer pursuant to § 249;

(c) the legal status of the employer and its changes, internal arrangements and persons entitled to act as employers in employment relations and changes in the subject matter of the employer's activities;

(d) the likely development of employment for the employer;

(e) the planned structural changes, rationalisation or organisational measures and measures in connection with collective redundancies of staff pursuant to § 52 (2) to (4);

(f) the status and structure of the staff, the fundamental issues of working conditions and their changes;

(g) safety and health at work to the extent set out in Part Two, Subpart Five;

(h) employer measures aimed at ensuring equal treatment and avoiding discrimination;

(i) the supply of permanent job vacancies, which would be suitable for the further employment of workers working with a fixed-term employer.

(3) The employer is obliged to inform the temporary staff of the Agency (Section 38a) of the vacancy.

(4) The employer shall discuss with the staff the latest status and structure of the staff and the matters referred to in paragraph 2 (b), (d), (e) and (g).

§ 18a

Employers' employees referred to in Article 25d shall be entitled to information and consultation on the interests of employees to the extent provided for by the arrangement establishing the European Works Council or by another agreed procedure for information and consultation at a transnational level or to the extent provided for in Article 25j (8).

§ 18b

(1) The trade unions have the right to participate in labour relations, including collective bargaining, under the conditions laid down by law.

(2) The employer shall inform the competent trade union authority in particular of:

(a) developments in wages, salaries, average wages and its components, including breakdown by professional group, unless otherwise agreed;

(b) matters referred to in Paragraph 18 (2).

(3) The employer will discuss with the relevant trade union body in particular:

(a) the economic situation of the employer;

(b) standardization of work under special law, 4a)

(d) staff evaluation and remuneration systems;

(e) staff training and training systems;

(f) measures to create conditions for the employment of natural persons, in particular minors, childcare persons under 15 years of age and disabled persons (4b), including essential staff care issues, measures to improve work hygiene and the working environment, the organisation of social, cultural and physical services;

(g) other measures involving a larger number of employees;

(h) the measures referred to in Article 18 (3) and (4).

(4) Where the employer reaches agreement with the relevant trade union body on the issues referred to in paragraph 3 (c), (d), (e), (f) or (g), it may be adjusted by agreement.

(5) The competent national authorities shall discuss with the trade union matters concerning the working and living conditions of workers and shall provide the trade unions with the necessary information.

§ 19

The competent trade union shall co-decide with the employer on the determination of the allocation to the fund of cultural and social needs under the Specific Regulations (13) and its drawing-up.

§ 20

(1) The procedure for concluding collective agreements (corporate and higher degrees) is laid down by law. 14)

(2) Collective contracts may provide for wage and other employment entitlements under the labour law. If that law provides for cases in which collective agreements may increase or extend the labour rights of employees, this shall apply to employers engaged in business activities, 15) unless expressly provided otherwise.

(3) Entitlements arising out of a collective agreement between employees are applied and satisfied as other employment rights.

§ 21

(1) Labour rights, other than wage and travel allowances, which can be regulated under labour law in collective agreements, may be established by internal rules by an employer with whom the trade union does not operate.

(2) Where certain labour rights are governed by a collective agreement and by an internal regulation issued prior to the establishment of a trade union organisation, the arrangements contained in the collective agreement shall apply.

(3) The internal regulation shall be invalid if it has not been issued in writing or is contrary to the law or has been issued by the employer with whom the trade union organisation operates.

§ 22

(1) The trade union authorities shall ensure compliance with the provisions of this Code and other labour legislation, including wage and health and safety legislation at work and employment (hereinafter referred to as labour legislation).

(2) The competent trade union authorities have the right to exercise control over respect for labour law, internal rules and obligations under collective agreements with employers. In particular, they shall be entitled to:

(a) enter the workplace of employers;

(b) require the management staff to provide the necessary information and documentation;

(d) require employers and their authorities to instruct them to remedy the deficiencies identified;

(e) to propose to employers, their authorities and other bodies responsible for checking compliance with the legality of employment relations, that they apply appropriate measures, in accordance with the relevant rules, to managers who infringe labour law or the obligations arising from collective agreements;

(f) require employers or, where appropriate, their authorities to report on what measures have been taken to remedy the deficiencies identified in the performance of the check or to implement the proposals submitted by the trade unions carrying out the check.

Where the personal data of a staff member subject to personality protection are checked, 30) the data may be provided only with the prior consent of the staff member.

(3) Only trade unions authorised to enter such establishments under special regulations may exercise such control in defence facilities.

(4) The right of control belonging to other authorities under specific provisions shall be without prejudice to the provisions of paragraph 3.

§ 23

(1) The central authorities which issue labour law under this Code or other laws do so after consultation with the relevant central trade union body and with the relevant employer organisation. Central authorities may issue sectoral labour legislation only in agreement with the Ministry of Labour and Social Affairs.

(2) Proposals for laws and other legislation concerning the important interests of workers, in particular economic, production, labour, wage, cultural and social conditions, are discussed with the relevant central trade unions and the relevant employers' organisations.

§ 24

(1) In order to ensure the right to information and consultation, the employer's staff, with whom the trade union does not operate, may choose the advice of the staff member or, where appropriate, the representative in the field of safety and health at work.

(2) The employer shall inform and discuss matters to the staff council, to the extent provided for in Sections 18 (2) (a) to (f), (h) and (i) and (4), with the exception of the question referred for in Section 18 (2) (g).

(3) The employer shall inform and discuss matters relating to safety and health at work to the extent set out in Title 5 of Part Two.

§ 25

(1) The Staff Council may be chosen with an employer who employs more than 25 employees in employment. The Staff Council shall have at least three members, up to a maximum of 15. The number of members is always odd. A representative for the field of safety and health at work may be chosen with an employer who employs more than 10 employees in employment; their total number depends on the total number of employees employed by the employer and the risk of the work carried out, but a maximum of one representative per 10 employees may be established. The number of members of the staff board and representatives in the field of safety and health at work shall be determined by the employer after consultation with the Election Commission established in accordance with Article 25a (2).

(2) The term of office of the Board of Staff and the representative for safety and health at work shall be three years.

(3) For the purposes of the selection of staff councils or, where appropriate, a representative in the field of safety and health at work, the number of employees of the employer in employment shall be determined on the date on which the written proposal for the publication of the elections is submitted.

(4) The Staff Council shall elect a chairman from among its members at its first meeting and shall inform the employer and the staff member accordingly.

(5) Where the transfer of rights and obligations from employment relationships between the former employer and the acquiring employer is carried out by the Board of Staff and a representative in the field of safety and health at work, the accepting employer shall, in the cases referred to in paragraphs 2, 3 and 4 of Paragraph 18, fulfil the obligations of both staff councils and representatives in the field of safety and health at work, unless otherwise assessed between themselves and the employer. Staff councils and representatives in the field of safety and health at work shall carry out their duties under Section 24 until their term of office expires. If, before the expiry of the term of office, the number of members of one of the staff councils has fallen to less than three, the latter shall take over.

(6) The Council of Staff and the post of representative in the field of safety and health at work shall expire on:

(a) when the trade union organisation proves to the employer that it has been created and is operating with it;

(b) the expiry of the term of office;

(7) Except in the cases referred to in paragraph 6, the Staff Council shall also expire on the date on which the number of members of the Staff Board has fallen to less than three.

(8) In the cases provided for in paragraphs 6 and 7, the Board of Staff or the representative for the field of safety and health at work shall forward all the supporting documents relating to the performance of the duties to the employer which shall keep them for a period of five years from the date on which the Board of Staff or the post of the representative for the field of safety and health at work is terminated.

(9) Membership of the staff council and the post of representative for safety and health at work ends on

(a) surrender;

(b) termination of employment with the employer.

§ 25a

(1) The election shall be announced by the employer on the basis of a written proposal signed by at least one third of the employer's staff in employment no later than three months after the date of service of the proposal.

(2) Elections are organised by an election committee composed of at least three, not more than nine employees of the employer. The number of members of the Election Commission shall be determined by the employer taking into account the number of employees and internal arrangements. The members of the Election Commission shall be the staff members in accordance with the order in which they are signed on a written proposal for the selection of the Board of Staff. The employer shall inform the staff of the composition of the Election Commission. The Election Commission shall be obliged to provide the necessary information and supporting documents for election purposes, in particular a list of all staff in employment.

(3) Election Commission

(a) specify and declare in agreement with the employer the date of the elections at least one month before they take place and the deadline for the submission of proposals by candidates;

(b) draw up and publish the electoral rules;

(c) draw up a candidate list of proposals from employers' employees in employment; publish the instrument in good time before the elections;

(d) organise and manage elections;

(e) decide on complaints for errors and deficiencies on the list;

(f) add the votes and draw up a written report in duplicate on the outcome of the elections; one copy shall be forwarded to the other employer by the elected staff council or, where appropriate, to the selected representatives in the field of occupational safety and health,

(g) inform employers and all employees of the outcome of the elections.

(4) The elections are direct, straight and secret. The choice can only be made in person. At least one half of the employer's employees, who could come to the elections, are required to be able to participate in elections because they were not prevented from doing so by an obstacle to work or work. Any voter can vote in favour of as many candidates as there are seats on the staff council; one candidate can only have one vote. If he fails to comply with these rules, his vote shall be void.

(5) Elections are held in working time and in the workplace. Participation in elections is another act of general interest, and the employer is obliged to provide employees with the necessary leave of absence for this purpose, with compensation for wages of average earnings. The cost of the election shall be borne by the employer.

(6) The right to vote and to be elected is conferred on all employer employees in employment.

(7) Any employer's employee may propose candidates. The proposal shall be submitted to the Election Commission in writing and must be supported by written consent from the candidate, at the latest by the deadline set by the Election Commission.

(8) Election will not take place if the Election Commission does not receive the final deadline for submitting candidates' proposals

(a) at least three proposals to the staff council;

(b) at least one proposal as a representative for safety and health at work.

(9) Members of the Board of Staff and representatives in the field of safety and health at work are elected candidates with the largest number of valid votes. Candidates in other places are alternates for these functions; become members of the staff council or representatives in the field of safety and health at work on the day on which those functions are released, in order of the number of votes in force in the elections. In the event of a tie, the election committee shall draw lots.

(10) The Protocol on the result of the elections shall be kept by the employer for five years from the date of the elections.

§ 25b

Zobrazit všechna ustanovení (1886)

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Regulation Information

Citation	Act No. 65 / 1965 Coll., Labour Code
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	30.06.1965
Effective from	01.01.1966
Effective until	-
Status	Valid

The regulation text is for informational purposes only.