Act No. 74 / 1994 Coll.
Act amending and supplementing Labour Code No. 65 / 1965 Coll., as amended, and some other laws
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Law
Effective from 01.06.1994
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74
THE LAW
of 23 March 1994
amending and supplementing Labour Code No. 65 / 1965 Coll., as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Act No. 65 / 1965 Coll., as amended by Act No. 88 / 1968 Coll., Act No. 153 / 1969 Coll., Act No. 100 / 1970 Coll., Act No. 20 / 1975 Coll., Act No. 72 / 1982 Coll., Act No. 111 / 1984 Coll., Act No. 22 / 1985 Coll., Act No. 52 / 1987 Coll., Act No. 98 / 1987 Coll., Act No. 188 / 1988 Coll., Act No. 3 / 1991 Coll., Act No. 297 / 1991 Coll., Act No. 231 / 1992 Coll., Act No. 264 / 1992 Coll., Act No. 590 / 1992 Coll., and Act No. 37 / 1993 Coll., amended as follows:
1. the heading "Basic principles" shall be deleted from Article III;
2. Articles III to X shall be deleted.
3. In all the provisions of the Labour Code, the word "worker 'is replaced by" employee', the word "worker 'is replaced by the word" employee' and the word "citizen 'is replaced by" natural person', the word "prosecutor 'and" prosecutor' is replaced by "prosecutor ', the words" prosecutor' is replaced by the words "prosecutor '.
4. In all the provisions of the Labour Code, where the word "organisation 'is used in the sense of a legal person who employs citizens in employment or similar relationships, this word is replaced by" employer'.
5. in § 84 (1) and (3), § 85 (1) and (2), § 87 (1), (2) and (3), § 89 (3), § 92 (1), § 93 and 98, the words "management organisation" are replaced by the words "employer."
6. If the Labour Code uses the title "Government of the Czech and Slovak Federal Republic ', this title is replaced by" Government'; the title "Federal Ministry of Labour and Social Affairs' is replaced by" Ministry of Labour and Social Affairs'; the title "Government of the Czech Republic 'is replaced by the title" Government'; the name "Government of the Slovak Republic 'is deleted; the names" Federal Ministry', "Competent Ministry '," Ministry of the Republic' are replaced by "Ministry ', the name" Federal Central Authority' is replaced by "Central Authority ';" the territory of the Czechoslovak Socialist Republic' is replaced by "the territory of the Czech Republic 'and" the territory of the Czech and Slovak Federal Republic' is replaced by "the territory of the Czech Republic '.
7. If the Labour Code also provides for the competences of federal and Republic authorities or Republic bodies, these competences are replaced by those of the Czech authorities.
8. In all the provisions of the Labour Code, the words "social organisation 'are replaced by the words" trade union organisation' and the words "unjustified property gain 'by the words" unjustified enrichment'.
9.
"(1) Labour relations are established between workers and employers."
10.
The working relationship between the cooperative and its members shall be governed by the Labour Code, unless a special law provides otherwise. 1)
1) § 226 of the Commercial Code. '.
11. In Part One, Title II, the following Section 7 is inserted after the heading "Participants in employment relations':
(1) Labour relations under this Code can only be established with the consent of a natural person and employer.
(2) No one may abuse the exercise of the rights and obligations arising from employment relationships to the detriment of another participant in a labour relationship. "
12. Article 8 (1) reads as follows:
"(1) Employers are, for the purposes of this Code, legal or natural persons who employ natural persons in employment relationships and, where provided by law, in similar employment relationships. '
13. in the second sentence of Article 8 (2), the words "social organisations" shall be replaced by the words "citizens' associations under the special legislation29)."
Note 29) reads:
"(29) Act No. 83 / 1990 Coll., on the association of citizens, as amended."
14. The following Section 8a is inserted after Section 8:
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. '
15. In Paragraph 9 (1), the first sentence is: "Legal acts in employment relations are made by the employer, who is a legal person, in particular its statutory body, and by the employer, who is a natural person, by the employer; in their place they may also be made by persons appointed by them. ';
16. Paragraph 9 (4) shall be deleted.
17. in Article 11 (1), the words "(employment capacity)" shall be deleted.
Article 18 (11) (2) reads as follows:
"(2) The eligibility of a natural person who terminates compulsory schooling in an auxiliary school before the age of 15 shall have in employment relationships the rights and obligations and the capacity of his own legal acts to acquire those rights and to assume those obligations shall arise on the date of termination of compulsory schooling, but first on the date of the age of 14. '
19. in Article 12 (2), the words "narcotic drugs" shall be replaced by "addictive substances."
20. Paragraph 15 (1) reads as follows:
"(1) Both the employee and the employer may be represented by another natural or legal person."
21. in Paragraph 18, the following paragraph 1 is inserted:
"(1) The trade unions have the right to participate in employment relationships, including collective bargaining, under the conditions laid down by law."
Paragraphs 1 to 5 shall be renumbered paragraphs 2 to 6.
22. In the first sentence of Section 18 (6), the word "commercial 'is inserted after the word" economic,' and the words "or staff 'are added at the end.
23. In Paragraph 19 (2), the word "free of charge" shall be deleted and the words "and shall bear the costs associated with their maintenance and technical operation."
24. Note 15) reads as follows:
"15) E.g. § 2 of the Commercial Code, § 2 of the Trade Code."
25. The following Section 21 is inserted after Section 20:
(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 an employer with a trade union. ';
26. Paragraph 22 (2) is deleted. Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
27. Paragraph 22 (2) of the first sentence reads: "The competent trade unions have the right to exercise the right of employers to exercise control over compliance with labour law, internal rules and obligations arising from collective agreements."
The following sentence is added at the end, including footnote 30: "Where the personal data check of the staff member subject to personality protection is concerned, 30) data may be provided only with the prior consent of the staff member.
30) Article 11 of the Civil Code. Act No. 256 / 1992 Coll., on the protection of personal data in information systems. '
28. In Section 22 (3), the word "exercise 'is replaced by" may exercise'.
29. The second sentence of Paragraph 23 (1) reads: "The central authorities may issue sectoral labour law only in agreement with the Ministry of Labour and Social Affairs and legislation to ensure safety and health at work also in agreement with the competent authority of the state of professional supervision."
30. In Paragraph 23 (1), the third sentence is deleted.
(31) Paragraph 23 (3) and (4) shall be deleted.
32. The heading "Securing the right to work" above § 24 to 26 is deleted.
33. Sections 24 and 25 are deleted.
34. in Article 27 (3), the words "social organisations" shall be replaced by the words "citizens' associations according to the special legislation29)."
35. Article 27 (4) and (5) read as follows:
"(4) An appointment shall be made for senior staff appointed under special regulations and for senior staff appointed by a statutory body for an employer who is a legal person and for an employer who is a natural person.
(5) Leadership functions in which the employer, who is a legal person, is appointed by the statutory body and the employer who is a natural person, the employer, are those of the management staff
(a) under direct management
1. the statutory body, if the employer is a legal person,
2. employer, if the employer is a natural person,
(b) in the direct management of the manager of the staff member directly subordinate
1. the statutory body, if the employer is a legal person,
2. to the employer, if the employer is a natural person,
provided that the manager of the staff member is under the authority of another staff member,
(c) the central authorities.
The appointment and revocation may be carried out exclusively by a statutory body for an employer who is a legal person and exclusively by an employer who is a natural person. Appointment and revocation may not be delegated to another person. ';
36. Paragraph 30 (2) and (3), including footnote 31, read:
"(2) A fixed-term employment relationship cannot be negotiated with:
(a) graduates of secondary and higher education, vocational education and vocational training in employment appropriate to their qualifications; a graduate is a staff member whose total period of employment in a work or similar relationship has not reached two years after the successful completion of his studies (preparation), with the exception of the period of military basic service (replacement) and civil service replacing that service, the period of maternity leave and other maternity leave and the period during which the employer, pursuant to Article 127 (2), has waived the absence of a man at work because he was responsible for the parental contribution;
(b) adolescents,
(c) staff covered by a collective agreement;
(d) natural persons with ZPS and ZPS with TZP.31)
(3) The prohibition referred to in paragraph 2 shall not apply where a natural person requests in writing the employer to negotiate a fixedterm employment relationship.
31) Article 21 of Act No. 1 / 1991 Coll., on Employment. '
37. in Paragraph 35 (2), the following sentence is added at the end: "The staff member must also be duly informed of the collective agreement and the internal rules."
38. In Paragraph 37 (1), point (d) is replaced by the following:
"(e) if an employee working at night is recognised as unfit for night work on the basis of a medical opinion,
(f) if the pregnant woman or mother of a child under nine months of age who works at night so requests. "
Paragraph 38 (4) reads as follows:
"(4) The employer with whom the staff member is employed may negotiate with him in a written agreement that he shall temporarily assign him to another legal or natural person for work. The agreement shall state the name of the legal person or the name and surname of the natural person to whom the staff member is assigned, the date on which the secondment is made, the type and place of work and the period for which the secondment is to be made. The Government shall determine by regulation the conditions for the temporary secondment of a staff member. ';
40. Paragraph 42 (5) is deleted.
41. in Article 48 (1), the following point (e) is inserted after point (d):
"(e) at a time when a worker working at night is recognised on the basis of a medical opinion temporarily unfit for night work."
Article 42 (54) reads:
(1) A staff member may terminate his employment immediately if:
(a) according to the medical opinion, it cannot continue to work without a serious risk to its health and it has not been transferred by the employer within 15 days of the date of submission of the medical opinion to another suitable job for him;
(b) the employer has not paid his salary or compensation within 15 days of the expiry of the contract.
(2) A staff member may terminate his employment immediately only within one month of the date on which he became aware of the cause for immediate cancellation, not later than one year from the date on which that reason arose.
(3) A staff member who has immediately terminated his employment shall be entitled to compensation for a salary equal to the average wage for the period of notice. "
43. Paragraph 60 (1) reads as follows:
"(1) If the employer's employee asks for an opinion on work (work report), the employer is obliged to give the opinion within 15 days; However, the employer shall not be obliged to give it to him before two months before the end of his employment. The work report shall include all documents relating to the evaluation of the staff member's work, qualifications, competences and other facts relating to the performance of the work. ';
44. in Paragraph 60 (3), the first sentence shall be deleted.
45. The heading "severance grants' is inserted after Paragraph 60.
46. The following Sections 60a, 60b and 60c are inserted after the heading "severance grants," including footnote 32:
(1) Staff members who are dismissed by the employer for the reasons set out in Article 46 (1) (a) to (c) or by agreement for the same reasons shall be paid a severance payment of twice the average earnings on termination of employment.
(2) For severance purposes, average earnings shall mean average monthly earnings. 32)
(3) The severance pay shall be paid by the employer after the termination of the employment contract within the next pay date set by the employer for the payment of the salary, unless the staff member agrees to pay the severance payment on the day of termination of the employment or the later payment date.
32) Article 17 of Act No. 1 / 1992 Coll., on wages, remuneration for on-call and on average earnings, as amended by Act No. 74 / 1994 Coll.
(1) If, after the termination of employment, the staff member resigns to the employer before the expiry of a period of two months, he shall be obliged to repay the severance payment or a proportion thereof to that employer.
(2) The proportion of severance payments shall be determined according to the number of calendar days following the new recruitment until the expiry of the period referred to in paragraph 1.
The severance grants are not for employees,
(a) where, in the event of organisational changes, the rights and obligations of employment relationships are transferred to another employer;
(b) who is working in a secondary employment relationship with the employer. ';
47. in Paragraph 65, the following paragraph 2 is inserted after paragraph 1:
"(2) A staff member who has been elected or appointed may be removed from this post. The staff member may also waive this post. The revocation and surrender of the post shall be in writing and delivered to the other participant, otherwise it shall not be valid. The term of office shall end on the day following the date of service of the appeal or of the resignation of the post, unless the revocation or resignation of the post was indicated on the later date. ';
Paragraph 2 shall become paragraph 3.
48. In Section 70 (2), the words "under the conditions laid down in Section 25 (2) (e) 'are deleted.
49. in § 73 (2), part of the sentence before the colon reads:
"(2) Staff of public authorities, courts and prosecutors, Police of the Czech Republic, Security Information Services, Prison Services, Office of the President of the Republic, Office of Parliament, Office of the Government, Supreme Audit Office, Office of Legislative and Public Administration, Czech National Bank and State Funds, employees of protected landscape areas and national parks are also required."
In point (b) of the part of the sentence behind the semicolon, the words "the head of the organisation 'are replaced by the words" the statutory body'.
50. Paragraph 83 (3) reads as follows:
"(3) The Ministry of Labour and Social Affairs shall by decree determine the extent of the reduction of working time without any reduction in wages and the conditions for its introduction and layout."
51. In Section 83 (5), the words "or to be laid down in an internal regulation 'are added at the end.
52. In Paragraph 85, the following paragraph 3 is added:
"(3) Under the conditions laid down in the preceding paragraphs, an uneven schedule of working time may also be agreed with the staff member. ';
53. § 85b is released.
54. Paragraph 87 (1) is deleted. Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
55. Paragraph 88 (2) reads as follows:
"(2) In a collective agreement, it may be possible to establish, or in an internal regulation, the period of time needed for the personal cleansing after the end of work can be counted into working time. This also applies to employers who do not engage in business activities. '
56. In Section 89 (5), in the sentence of the second sentence, the words "or in the internal regulation shall be inserted after the words" may be agreed ';
57. In § 92 (3), the words "The Government of the Czech and Slovak Federal Republic for Organisations managed by the Federal Central Authorities, the Government of the Czech Republic and the Government of the Slovak Republic for Other Organisations may" be replaced by "The Government may."
58. In Paragraph 92, the following paragraph 4 is added:
"(4) Under the conditions laid down in the preceding paragraphs, continuous rest during the week may also be agreed upon. '.
59. § 94 is being released.
60. In Section 95 (3), the words "or internal rules' shall be inserted after the words" in a collective agreement 'and the sentence "However, the scope of on-call time referred to in paragraph 1 cannot be determined in the internal regulation' shall be added.
61. Paragraph 97 (4), including footnote 33, reads as follows:
"(4) After consulting the Advisory Councils (33), the labour authorities may, on the basis of the opinion of the competent employer trade union in their territory, determine in which activities and to what extent, for a transitional period for serious reasons, the performance of the agreed overtime over the limits laid down in the preceding paragraphs is authorised. The collective agreement may be negotiated or the internal regulation shall specify the conditions for the performance of the work.
33) § 7 of the ČNR Act No. 9 / 1991 Coll., on the employment and competence of the authorities of the Czech Republic on the employment section, as amended by the ČNR Act No. 272 / 1992 Coll. '.
62. In Paragraph 99, the present text becomes paragraph 1 and the following paragraphs 2 to 5 are added:
"(2) A night worker shall, for the purposes of this Code, be understood as an employee who carries out work requiring it to be performed on a regular basis at night within a range of at least four hours consecutive; This is without prejudice to specific laws. 34)
(3) Employers are required to ensure that a worker working at night who so requests is examined by a doctor
(a) before inclusion for night work;
(b) regularly, as appropriate, but at least once a year;
(c) at any time during inclusion in night work for medical disorders caused by night work performance.
Reimbursement of health care provided may not be requested from the staff member.
(4) The employer is required to discuss regularly with the relevant trade union the issues of safety and health at work and the organisation of work at night and to provide adequate social services for workers working at night, in particular the possibility of refreshments.
(5) The workplace at night is obliged to equip the employer with the means to provide first aid, including to provide the means to call for urgent medical assistance.
34) Act No. 1 / 1992 Coll., on wages, remuneration for on-call and average earnings, as amended. Act No. 143 / 1992 Coll., on the salary and remuneration of on-call duty in the Budget and in some other organisations and bodies, as amended. '
(63) Paragraph 102 (3) of the first sentence reads: "In a collective agreement or internal law, employers' employees engaged in business activities may be allowed to extend their leave for a further week above the notice referred to in the preceding paragraphs."
64. In Paragraph 102, after paragraph 3, the following paragraph 4 is inserted:
"(4) The Government may provide for an extension of the leave referred to in the preceding paragraph by regulation for employers who do not engage in business activities. '.
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
65.In Paragraph 103 (1) (b), the words "Correctional Education Corps" are replaced by the words "Prison Service."
66. in Article 110b (4), the words "in Article 102 (4)" shall be replaced by the words "in Article 102 (5)";
67. In the third sentence of Section 116 (4), the words "head of organisation 'are replaced by the words" head of staff who is a statutory body'.
68. In Paragraph 121 (1), points (l) and (m) shall be renumbered as (a) and (b), point (a) shall be deleted. Points (b) to (k) shall be renumbered (c) to (l).
69.
The Ministry of Justice, in agreement with the Ministry of Labour and Social Affairs, shall determine by decree the remuneration for the emergency of judges and judicial candidates and the procedure for ordering on-call. '
70. Paragraph 124 (4) reads as follows:
"(4) The Ministry of Labour and Social Affairs provides by decree for other acts of general interest, the scope and conditions of the short-term release and compensation of wages."
71. In Section 124 (5), the words "or internal rules' shall be inserted in the first sentence after the words" contracts'.
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Regulation Information
| Citation | Act No. 74 / 1994 Coll., amending and supplementing Labour Code No. 65 / 1965 Coll., as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.1994 |
|---|---|
| Effective from | 01.06.1994 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Finance
Collective negotiations
Wages, salaries, wages, compensation
Compensation for damages under labour law
Commercial law
Businessman, Company
Labour relations
Employment. Service relationship
Labour law
Education, Education, Education
Administrative law
Accounting
Special working conditions
The regulation text is for informational purposes only.
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