Act No. 67 / 1958 Coll.
Act amending and supplementing the Act on National Enterprises and certain other Economic Organisations
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Effective from 07.11.1958
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67
Law
of 17 October 1958
amending and supplementing the Act on national undertakings and certain other economic organisations
The National Assembly of the Czechoslovak Republic decided on the following Act:
In order for our national economy to successfully cope with the further tasks of socialist construction, it is necessary to increase the economic efficiency of its management by bringing production management closer and deepening its relations, increasing the responsibility of businesses for their products and the responsibility of the managing authorities for the results of their management activities, and fully implementing the participation of workers in the development of production and management of the national economy. This is why industry and construction are being reorganised and production units are being created, which are responsible for supplying the national economy with products of its sector or part of it and for developing the sector, and the competence of national committees in managing economic sectors of national importance is being extended. This organisation and management arrangements are adapted to Act No. 51 / 1955 Coll., on National Enterprises and certain other Economic Organisations.
Act No. 51 / 1955 Coll., on National Enterprises and Certain Other Economic Organisations, is amended as follows:
1. The following provisions shall be inserted in place of § 1, including the title:
"Basic provisions
(1) In order to successfully fulfil its basic task of supplying the national economy with high-tech products in the necessary quantities, types and qualities, while constantly increasing labour productivity and the most efficient use of the company's material and financial resources, the industry is generally organised and governed by its sectors and main sectors.
(2) If the nature of production or other important needs so require, production in the sector or sector may be organised and managed according to territorial considerations.
(3) The provisions of this Act shall also apply to sectors of the national economy other than the industrial sector, provided that they are organised by economic organisations in the form of national undertakings by the competent minister or, where appropriate, by the head of the central administration (hereinafter referred to as the "competent minister '); the basic provisions [§ § 1 to 1d)] are applied accordingly.
(1) The production of the same industrial sector or part thereof (hereinafter referred to as "the sector") is, if possible, included in one production unit.
(2) In an area particularly large or in an area which is organised and managed according to territorial considerations, production may be included in several production units.
(1) The production unit is responsible for supplying the national economy with the products provided for it and for developing the sector in line with the development of the needs identified by the forward-looking plans. It is therefore required to continuously increase the technical, technological and economic level of the sector and to ensure continuous growth in labour productivity, increasing product quality and reducing its own costs.
(2) All types of activity necessary to complete and deliver the product to the customer shall be concentrated in the production plant in order to ensure that the full working process is carried out in such units and that they can otherwise successfully perform the tasks referred to in paragraph 1 (e.g. research, development, project, assembly, sales).
(3) The production unit also takes care of production from another sector located in the production unit, depending on the needs of the national economy, for use by the plant or for other economic reasons.
(4) If the production of the same sector is included in several production units, the single management of the branch and its development shall be provided by the superior body, unless an organisation has been entrusted to it within its scope (§ 48).
The production units shall be:
(a) a national undertaking designated as a production unit;
(b) a leading national undertaking with one or more subordinate national undertakings or special-purpose organisations (§ 47);
(c) associations with subordinate national undertakings and, where appropriate, with subordinate special-purpose organisations.
The basic article of the organisation of production units shall be the national undertaking. ';
2.
"National undertakings shall be established by the competent minister in accordance with the needs of the development of the national economy. Before the establishment of a national undertaking, it shall request the opinion of the Minister of Finance, the Board of the Regional National Committee in whose territory the seat of the national undertaking is to be established, as well as the opinion of the Central Committee of the relevant trade union. ';
3. in Article 3 (1) the provisions under (c) are deleted;
4.
"(e) the basic production programme of the national undertaking and, where appropriate, its basic tasks."
5. In Section 14, paragraph 3 is deleted.
6. The following Section 14a is inserted after Section 14:
Every economic issue must be addressed in concert with its political side and with the economic policy directive. In deciding, the interests of the whole national economy must be subordinate to the needs of the whole. '
7. Article 16 (1) and (2) reads as follows:
"(1) Leaders are obliged to create conditions for the widest and immediate participation of workers in the management of a national enterprise organised by the Revolutionary Trade Union Movement. In ensuring such participation, carried out in particular in the form of production meetings and socialist competition, as well as by developing the movement of inventors and improvements leading to close cooperation with the competent authorities of the trade union organisation.
(2) Leaders shall ensure that the authorities of the trade union in the undertaking and establishment are able to participate in the preparation and establishment of the plan and its control, and require their opinion and proposals, as well as on the security of technical development, on the work plan, on remuneration issues and on all other important measures. ';
8.
"(1) The national enterprise manages its own costs in accordance with the principles of collusion, stressing, in particular, the firm's consistently paying for its operating expenses and its own revenue development, constantly reducing its own costs and continuously improving the results of its management through the effects of incentives linking the material interests of the whole and individual workers.
(2) Intra-national undertakings are in place in order to achieve the highest economy in the results of the work of the lower departments.
(3) The task of all staff of the national enterprise is to reduce the need for working time, the consumption of materials, raw materials, fuel and energy, to make full use of basic funds, to help effectively implement new techniques and advanced technologies and to improve the organisation of work, thereby ensuring continuous growth in labour productivity and high economy. '
9.
"Continuous improvement of the level of management and management of the national enterprise requires the management of the enterprise to continuously create conditions for increasing the material interest of all the organisational units and personnel of the enterprise in the results of their work and work of the national enterprise. The correct use of material interests combines the interests of individuals with those of the whole and helps to improve the satisfaction of individuals' needs while meeting the needs of the whole."
10. Paragraph 20 (2) reads as follows:
"(2) In accordance with the basic provisions of Sections 1c and 1d, the rights and obligations of the Director of a National Enterprise shall be laid down by the Statute (Section 59). The Director shall in particular:
(a) manage the establishment of an undertaking's plan and approve it in accordance with the essential tasks assigned to it by the superior body, ensure that the plan is implemented uniformly and that it is exceeded in particular by developing creative initiatives for workers and increasing their participation in management;
(b) by implementing the highest technology, advanced technology and by improving the organisation of work, ensure continuous growth in labour productivity and economy in the business;
(c) ensure the rapid use of inventions, improvements and other findings drawn from technical information of all kinds;
(d) ensure continuous improvement of the organisation of the undertaking and increase its level of management, in particular with the assistance of the collective advisory bodies of the undertaking. In doing so, it ensures the greatest possible alert for national economic records and the consistency of technical and economic analyses,
(e) manage the selection, deployment and education of cadres and ensure the continuous improvement of the working conditions of workers;
(f) ensure that state discipline is maintained, in particular that national, economic and professional secrecy is maintained, contractual, financial, technological and labour discipline and wage regulations;
(g) ensure the consistent application of the principle of remuneration by quantity and quality of work;
(h) ensure the efficient use and protection of all assets of the national undertaking;
(ch) care for health and safety at work. "
11. Article 21 (1) to (3) and (5) read as follows:
"(1) The director of a national undertaking designated as a production unit and the director of the head of the national undertaking shall be appointed and removed from office by the competent minister following the opinion of the Central Committee of the relevant trade union; for directors of national undertakings subordinate to the head of the national enterprise or association, this right shall be exercised by the director of the head of the national enterprise (association), unless it has been reserved by the competent minister. Appointments and appeals shall be made in writing.
(2) The Director shall promise the authority which appointed him to carry out his duties conscientiously in accordance with the interests of the State; the promise shall also be confirmed in writing. The Director shall take up his duties and shall become an employee of the national undertaking on the day of his pledge, if not before.
(3) The office of Director shall cease to be revoked or renounced. Termination shall take effect on the date on which it was adopted by the authority which appointed the Director.
(5) The Director shall not cease to have an employment relationship by revocation or resignation; the general rules on its demise apply. ';
12.
"Save as otherwise provided for in this Act or in the regulations which it provides for, the acceptance and dismissal of staff shall be subject to prior examination and approval by the Trade Union Racing Committee; other important issues relating to individual employees, in particular their inclusion on jobs, as well as issues relating to all or their groups, must be discussed in advance with the Trade Union Racing Committee. The prior discussion and approval of the Trade Union Racing Committee shall not be required for the recruitment of staff recruited by the executive bodies of the national committees or accepted only for a transitional period not exceeding six working days. Unless otherwise provided, the acceptance and dismissal of staff shall also require the prior approval of the relevant section of the Council of the District National Committee. ';
13. the following Section 27a is inserted after Section 27:
(1) The common interest of the national undertaking and its staff in the successful performance of the tasks of the undertaking and in the standard performance of their duties is expressed by the conditions of employment which the Director of the undertaking will issue in agreement with the competent authority of the trade union in accordance with the standard conditions of employment. The Government, acting on a proposal from the Central Council of Trade Unions, shall issue the Model Conditions of Employment and publish them in the Official Journal.
(2) Discretionary measures may be imposed on employees for reprimand, public reprimand or temporary transfer to another work for up to 3 months. The imposition of reprimand and public reprimand on the head of the company will further adapt the status (§ 59), the imposition of disciplinary measures on other employees will further adapt the working arrangements in accordance with the principles defined by the model working order.
(3) The Conditions of Employment shall be binding as soon as it has been duly declared on the holding. '
14.
"(1) The head of the national enterprise or, where applicable, the head of the establishment shall conclude a collective agreement on behalf of the national undertaking with the staff represented by the relevant trade union body, which shall specify in particular how the main planned tasks of the undertaking will be ensured and how the progressive technology, technology, organisation of work, principles of wage policy and material interests of individuals and collective organisations will be applied, the budget of the labour fund, as well as the mutual commitments of management and employees to improve the productivity of the enterprise, to improve safety at work and to improve the care of workers on the social, health and cultural side.
(2) In workshops and establishments, a convention is concluded between the heads of these departments and the competent authority of the basic organisation of the trade union which addresses the issues of the performance of the essential tasks and of the care of employees under the conditions of individual workshops and operations.
(3) The Director of a National Enterprise, Heads of Staff and Trade Union Authorities shall check and discuss the fulfilment of the obligations laid down by the collective agreement and the Convention and shall be responsible for their fulfilment. The authority of the undertaking's supervisor and the higher authority of the relevant trade union shall be responsible for implementing collective agreements and conventions. They shall also jointly decide the disputes arising from the implementation of the collective agreement and the convention.
(4) The details of collective agreements and conventions are laid down by the Central Council of Trade Unions. "
15.
"In order to develop the creative initiative of workers and to encourage their material interest in the implementation of the plan, workers' business funds established in national undertakings shall contribute to the implementation of the plan under specific rules. ';
16. Paragraph 32 (1) reads as follows:
"(1) The Director shall, within three months of the entry of the national undertaking in the company register or within a time limit set by the superior authority, issue an organisational order (for undertakings newly established provisional organisational rules) drawn up in accordance with the principles laid down in the Statute (§ 59). The rules of organisation of the national undertaking subordinate to the head of the national enterprise (association) must also follow the organisational rules of the head of the national enterprise (association). The Director shall take the measures necessary to ensure the proper functioning of the undertaking until the organisational arrangements are issued. ';
17.
"(1) Where economic needs so require, in particular contact with customers, the competent minister may determine that a local branch of a national undertaking shall register as a split plant; the split race is not a legal person.
(2) The head of the fissile plant shall be entitled to act on behalf of the national undertaking in respect of the fissile plant. ';
18.
"The competent minister may transfer the national undertaking or part of it to another minister in agreement with it. '
19. the following sentence shall be added to Paragraph 37 (2):
"Paragraph 36 (3) shall apply mutatis mutandis. ';
20. Paragraph 38 (2), first sentence:
"The transfer, merger, merger, division and cancellation of national undertakings shall be carried out by the competent minister, after the Minister of Finance has expressed his views and after consultation with the central committee of the relevant trade union, by transferring national undertakings into the field of competence of another minister in agreement with the Minister of State Planning. '
In the second sentence of that paragraph, the words "or central committees of the relevant trade unions' shall be deleted.
21. Paragraph 40 (2) reads as follows:
"(2) The transfer of the production programme of particular economic importance as well as the retransfer of the production programme within five years between production units shall be approved by the Government. Other transfers shall be approved by the relevant ministers, except between national undertakings of the same production unit, approved by the Director of the Head of the National Enterprise (association). The transfer of the production programme shall be discussed in advance with the central committee of the relevant trade union. '
22. Paragraph 42-60 reads:
Main national enterprises and associations
(1) In the absence of national undertakings designated as production units, the competent minister shall subject the national undertakings and special-purpose organisations to be the production unit to one of those national undertakings as the head of the undertaking; in the case of a larger number of national undertakings or for any other serious reason, the competent minister may establish associations and subject them to national undertakings and special-purpose organisations to form a production unit together with the association.
(2) Only a special purpose organisation may exceptionally be subordinate to a national undertaking as manager.
The association is a legal person, follows the principles of chozrasčota and enters into the company register; unless otherwise provided, the provisions of this law and other provisions on national undertakings shall apply mutatis mutandis to the association.
(1) The head of the national undertaking and the association shall manage the subordinate organisations to the extent necessary for the performance of the tasks of the production unit and coordinate and control the activities of the subordinate organisations. The head of the national undertaking and the association shall provide common matters for the production of the economic unit and shall carry out economic activities if their uniform exercise is more economical or more efficient.
(2) As a general rule, the head of the national enterprise and association
(a) coordinate the preparation of the plans of the organisations forming the production unit, draw up the draft plans of the unit and define the planned tasks for the organisation of that unit;
(b) ensure the technical and economic development of the production unit;
(c) concentrate the financial resources for centralised use and take care of their most effective use in the organisations forming the production unit;
(d) they plan, manage and, where appropriate, dispose of the products of the production unit and its supply;
(e) provide for national economic records in subordinate organisations;
(f) guide wage and cadre policies;
(g) carry out comprehensive analyses of the organisation's activities in the production unit.
(3) In their activities, the leading national enterprise and association ensure the development and use of a wide participation of workers in the management of the Revolutionary Trade Union Movement and create the conditions for a permanent increase in the material interest of the organisations forming the production unit and of all workers working on the results of the unit's management.
The head of the national undertaking and the association shall not be liable for the assets of the subordinate organisations, unless they have been guaranteed or provided otherwise by specific rules, and the subordinate organisations shall not be liable for the undertakings of the head of the undertaking (association) or for the obligations of other organisations of the production unit.
The director of the head of the national enterprise (association) shall be responsible to the competent minister for the activities and tasks of the entire production unit; decide separately in the matters of that unit where a decision on a case is not reserved for a superior body. The principal issues relating to the production unit shall be discussed with the directors of all subordinate organisations.
Purpose organisations and mandates
(1) In order to make development, project, sales or other non-production activities more efficient and economical, as a rule common to several national undertakings, the Minister responsible may set up a dedicated organisation.
(2) The special-purpose organisations set up as economic organisations are legal persons, are governed by the principles of societyand are registered in the company register. the provisions of this Law and other provisions on national undertakings apply to them mutatis mutandis.
(3) Research institutes are also the target organisations when they are established as economic organisations; specific rules apply to the establishment and legal situation of such organisations.
Where several production units are involved in the production of the same sector, the competent minister may designate an organisation to manage sales, production, development and, where appropriate, other activity of the sector concerned (gesture) within the scope of his or her mandate; the organisation is responsible for the management of the activity entrusted to it in accordance with the forward plans. If a production unit within the field of competence of several ministers is involved, the competent minister shall decide on the delegation in agreement with all the ministers involved. The government decides for the most important fields.
Management of production units and special purpose organisations by ministers
Production units shall be managed by the Minister responsible for production; it is also managed by the special-purpose organisations directly subordinate to it.
(1) In particular, when managing production units and directly subordinate special purpose vehicles, the competent minister shall identify and ensure the proportional development of the basic development concepts entrusted to the industry and sectors.
(2) Within this procedure, the Minister responsible
(a) organise a survey of the needs of the national economy and their development;
(b) ensure the development of forward-looking (long-term and five-year) plans, organise the preparation of annual plans, analyse the tasks and indicators of the plans and check their implementation;
(c) develop and ensure guidelines for the technical development of the sector, take care of research, development, invention, improvement, technical standardisation and introduction of new products and new production methods;
(d) it shall concentrate the financial resources intended for centralised use and take care of their most efficient use by production units and subordinate special purpose organisations;
(e) manage the cadre policy and take care of increasing the qualifications of workers;
(f) apply major wage policies;
(g) manage national economic records;
(h) ensure the organisation of safety and hygiene at work;
(ch) ensure that comprehensive analyses are carried out;
(i) carry out other tasks falling within its management and control responsibilities.
(3) The Minister responsible may entrust the Director of the Head of a National Enterprise, an association or a National Undertaking designated as a production unit with the performance of each authorisation under the previous provisions.
Production units and special-purpose organisations subordinate to national committees
(1) In order to enable the regional national committees to contribute as widely as possible to the development of their region in accordance with the requirements of the development of the whole national economy, they shall be entrusted with the management of national enterprises in sections where they can provide this task better and more effectively; These sections are determined by the government.
(2) For national undertakings, as well as associations and special-purpose organisations set up in these sections, the previous provisions shall apply with the derogations provided for in this Section.
National undertakings, associations and special-purpose organisations (hereinafter referred to as "undertakings') shall set up a regional national committee within the area of which the undertaking is to be set up; before the establishment of the undertaking, it shall also request the opinion of the competent minister.
It shall issue the instrument of incorporation and the assets entrusted to the undertaking for administration shall be determined by the Board of the Regional National Committee which set up the undertaking.
The Director of a National Enterprise designated as a production unit, the Director of the Head of the National Enterprise and the Director of the FMC shall be appointed and removed by the Board of the relevant Regional National Committee; The Director of the Association shall appoint and dismiss the Regional National Committee, which shall also request the opinion of the relevant Minister. In the case of directors of organisations subordinate to the head of the national enterprise or association, this right shall be exercised by the director of the head of the undertaking (association), unless it has been reserved by the Board of the Regional National Committee. The Director appointed by the Regional National Committee or its Board shall make a promise to the President of the Regional National Committee; The resignation of the Director appointed by the Regional National Committee or its Board shall take effect on the date on which it was adopted by the Council of the Regional National Committee.
(1) Production units shall be subject to the advice of the relevant Regional National Committee; This also applies to special-purpose organisations which are not subordinate to the head of the national enterprise or association. The Council of the Regional National Committee shall in particular:
(a) take measures on the assets and liabilities of undertakings (Sections 11 and 12);
(b) approve changes to production programmes (§ 39);
(c) approve transfers of production programmes where their approval is not for the government or the director of the head of the national undertaking or association (§ 40 (2)),
(d) take action in the transfer of planned tasks (§ 41).
(2) The Minister responsible shall exercise the management powers necessary to safeguard the interests of the entire national economy, in particular in addressing fundamental issues of sector development and in applying the latest knowledge of science and the introduction of the most advanced technology.
(1) The merger, merger, division and cancellation of undertakings and the transfer of parts thereof shall be decided upon by the relevant regional national committee, which shall, if the undertakings are planned by the ministries, request the opinion of the relevant minister. Where such measures concern undertakings in different regions or where the undertaking concerned by those measures is to be transferred to another regional national committee, they shall be implemented by the respective regional national committees by mutual agreement.
(2) Paragraph 53 applies mutatis mutandis.
(1) The government may entrust, in whole or in part, to the regional national committees and their executive bodies, the powers which, under the previous provisions.
(2) The scope, according to the previous provisions, of the central committees of the relevant trade unions is exercised by the competent regional trade union for undertakings subordinate to the national committees.
Specific organisational arrangements
The Government or the authority empowered by it may establish special organisations (authorities), including as legal entities, for the more economical provision of production activities and, where appropriate, non-production activities or to facilitate management. Their legal status and scope shall be governed by the Statute issued by the competent minister. Unless otherwise provided for in the Statute, the provisions of this law and other provisions on national undertakings shall apply mutatis mutandis to these organisations, if they are legal persons.
Provisions common, transitional and final
The relevant ministers shall, in agreement with the Central Committee of the relevant trade union, issue, in accordance with the principles agreed by the Government, statutes which shall lay down in more detail, for each economic sector or sector, the legal conditions and the organisation of national undertakings, associations and special purpose organisations, the mutual relationship of organisations in the production unit, the management of production units and organisations superior to the authorities, as well as other issues relating to sectors or disciplines. Statutes applicable to production units and organisations governed by national committees shall be issued by the relevant ministers, after consultation of the advice of the Regional National Committees, in accordance with principles agreed by the Government; In agreement with the relevant Minister, the Councils of the Regional National Committees may issue the necessary supplements to these Statutes according to local circumstances.
(1) Specific provisions apply to the obligations of the organisations covered by this Act, financing, lending, payment and control of the financial management.
(2) Money institutions and businesses, even if organised as national enterprises, continue to be governed by the provisions still in force for them. "
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Regulation Information
| Citation | Act No. 67 / 1958 Coll., amending and supplementing the Act on National Enterprises and Certain Other Economic Organisations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.11.1958 |
|---|---|
| Effective from | 07.11.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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