Act No. 81 / 1959 Coll.
Law on paid leave for recovery
Valid
Effective from 01.01.1960
81
Law
of 18 December 1959
on paid leave for recovery
The National Assembly of the Czechoslovak Republic decided on the following Act:
Entitlement to leave
(1) A staff member whose employment for the same employer is continuously for at least 11 months (waiting period) shall be entitled to paid leave for a normal calendar year if he has worked there for at least 75 days.
(2) In the case of a staff member who has completed compulsory education or who has successfully completed his or her studies at a selection or university and entered the service without undue delay, the waiting period is 5 months. The waiting period of 5 months shall also apply to a woman who looks after at least one household member and enters into a household employment relationship. In the absence of first entry into employment, this benefit is for a woman only if the termination of employment lasts for at least two years, unless she proves that she has untied the previous employment for important family or health reasons.
(3) Employees who fulfil the condition of a five-month waiting period (paragraph 2) in the calendar year in which they entered into employment are entitled for that calendar year, provided that they have worked for at least 75 days, to a proportion of the leave. However, if the conditions referred to in paragraph 1 are fulfilled in that year, they shall be entitled to full leave.
Duration of leave
(1) The basic area of leave is two calendar weeks in a calendar year.
(2) Entitlement for three calendar weeks of leave shall be granted to a staff member who, by the end of the current calendar year:
(a) completed at least 5 years of continuous employment with the same employer after 18 years of age;
(b) it does not reach 18 years of age;
(c) reach 50 years of age.
(3) The four-calendar-week leave is for a staff member who has completed at least 15 years of continuous employment with the same employer after 18 years of age by the end of the current calendar year.
(4) Entitlement for a period longer than the basic amount of leave must be demonstrated by the staff member before the start of the leave, not later than the end of the current calendar year in which he first applies for a longer leave with the same employer; otherwise entitlement to longer leave for that calendar year shall cease.
(5) Teachers' leave is eight calendar weeks, pupils' leave is six calendar weeks, educators' leave is four calendar weeks in a calendar year.
The duration of continuous employment with the same employer shall also include the period of military active service and the period of successfully completed study, the period of scientific (artistic) aspiration and the period of membership of the production cooperative, if they are within the age of 18 of the staff member.
If, at the time of the staff member's leave, a paid holiday or a replacement leave for overtime worked on a day which is otherwise the normal working day of the staff member, such days shall not count for leave.
Additional leave
(1) Staff working under the ground for the entire calendar year shall be extended by one calendar week in accordance with Article 2 (1) to (3). If a part of a calendar year is working under the ground, it shall be entitled to one twelfth of that calendar week for every 25 working days under the ground, even if it has not been entitled to a proper holiday (§ 2 (1) to (3)).
(2) Mining apprentices, irrespective of their age, are entitled to leave of four calendar weeks.
The Government shall, on a proposal from the Central Council of Trade Unions, lay down rules on the health of workers who are working ill or particularly difficult, under which conditions and by what time the leave to which they are entitled under Articles 2 (1) to (3) and 5 (1) is extended.
Favourable job change
(1) If a staff member changes employment for reasons of general interest or for other serious reasons, he shall be credited with the new employer as a continuous period of employment with the same employer for the period which he or she was or should have been credited with to extend his leave with the previous employer.
(2) In the event of a change of employment as referred to in the preceding paragraph, the staff member shall be entitled, for the calendar year in which the change of employment took place, to a proportion of the leave between the former and the new employer, even if he does not meet the conditions for entitlement to leave (§ 1). If the staff member has taken a longer leave than he was entitled to with his employer, he shall be charged for the rest of the calendar year for the leave he is entitled to with the new employer. Paragraph 8 on the reduction of leave remains unaffected.
Reduction of leave
(1) If the staff member did not undertake work for more than 75 working days before taking the leave in the calendar year for which the leave is granted for important personal obstacles to work or for the exercise of military active service, he shall be reduced by one twelfth for each additional 25 working days so missed.
(2) For every working day a staff member missed without important personal obstacles at work, his leave is reduced by one or two working days. Whether it is a missing person without an important personal obstacle to work, the race committee of the basic organization of the Revolutionary Trade Union Movement, which also makes binding decisions on whether workers should be cut off one or two days' leave for each such missed day. The delays in working hours that are shorter than the whole working day are added up. If the employee has already exhausted or is not entitled to leave, the employer shall be obliged to reduce his leave in the same way in the next year.
(3) Under paragraphs 1 and 2, additional leave may not be reduced (Sections 5 (1) and 6).
Admission of leave
(1) The onset of leave is determined by the employer who is obliged to decompose the leave according to a plan so that the staff member can use up the leave substantially in its entirety and by the end of the current calendar year. When establishing a holiday plan, account shall be taken of the tasks arising for the undertaking from the national development plan for the national economy, taking into account the legitimate interests of the employee within the limits of the operational needs. Where a staff member is exceptionally granted leave in several parts, at least one part shall be the whole calendar week and two calendar weeks for young persons under 16 years. The employer shall notify the staff member at least 14 days in advance of the date of taking of leave; This deadline may exceptionally be shortened if the race committee of the Revolutionary Trade Union Movement has agreed to do so.
(2) If the staff member has not been able to use up his leave during the current calendar year for urgent operational reasons or because his employer has not determined his arrival or for obstacles to work, the employer shall be obliged to provide it to the staff member at the end of the calendar year so that it ends no later than 31 March next year; otherwise the employee can no longer use it. In which cases the staff member is entitled to compensation in cash for the unpaid leave, Article 13 (2) and (3) shall apply.
(3) The employer may determine the entry of the staff member once the staff member has fulfilled the condition of waiting time; However, if the staff member does not work for at least 75 days in the calendar year, he shall be obliged to pay back to the employer, in the absence of a favourable change of employment (Paragraph 7) or in the cases referred to in the second sentence of Paragraph 12 (2), the remuneration paid to him for the period of leave to which he was not entitled.
(4) The employer shall not determine the onset of leave for the period when the worker is recognised as unfit for sickness or accident or for the period of maternity leave.
(5) The plan of holidays and any changes and additions thereto and the transfer of leave to the next calendar year for urgent operational reasons or because the employer has not identified the employee of the holiday, the employer is obliged to agree with the race committee of the basic organization of the Revolutionary Trade Union Movement.
Break of leave
If a staff member has been recognised as unfit for sickness or accident after taking up his leave, he shall be suspended. An employee's leave shall also be interrupted by taking maternity leave.
Reimbursement of wages during leave
(1) The staff member is entitled, during the period of leave, to pay the salary (s) which he would have achieved if he had worked, except for compensation for the final expenses. He also has all the natural pleasures he needs.
(2) Reimbursement of wages and compensation of benefits in kind for the period of leave are due on normal pay days. However, if the staff member so requests, such compensation must be paid to him when he enters the service. In doing so, however, the payroll tax is reduced according to normal pay periods.
Impact of termination of employment on vacation
(1) If an employee cancels an early employment relationship without an important reason or an employer for an important reason caused by an employee, the staff member shall lose his right to leave for a normal calendar year with an employer who has been terminated early.
(2) In other cases of termination of employment, the staff member shall be entitled to a proportion of the leave; However, if there is no favourable change in employment (Section 7), it must fulfil the conditions for entitlement to leave. A staff member who opens an employment relationship on the grounds that he has been granted an invalidity or old-age pension shall be entitled to a proportion of the leave, even if he has not worked for 75 days in the calendar year; The same applies to a woman who opens up her employment due to pregnancy or necessary childcare. Paragraph 8 on the reduction of leave remains unaffected.
(3) If the employment is terminated after the exhaustion of the leave or part of it, the employer must ask the staff member to pay compensation for the salary he has paid for the leave or part of it to which the staff member has lost his entitlement or who has not been entitled in the absence of a favourable change of employment (§ 7). The employer is entitled to deduct the corresponding amount when paying the employee's salary.
(4) For each working day missed by the staff member without significant personal obstacles to work after the exhaustion of leave in a calendar year, the employer shall be obliged to require him to pay compensation for one or two days of leave granted (Section 8 (2)), unless he is unable to transfer the reduction of leave to the next calendar year for termination of employment. The employer is entitled to deduct the corresponding amount when paying the employee's salary.
(5) The employer shall issue a certificate to the staff member, at the end of the period of employment, stating how long he has been counted against the period applicable to the determination of the length of leave, how many working days the staff member has exhausted from his leave, or how many working days he has received compensation for the unpaid leave and how many working days his leave has been reduced.
Compensation for unpaid leave
(1) The compensation for unpaid leave shall be inadmissible except in the cases referred to in paragraphs 2 and 3.
(2) Reimbursement of wages for unused leave or part thereof shall be paid only if the staff member has not been able to use up his or her leave or part of it until 31 March of the next calendar year for urgent operational reasons, for obstacles to work, and because his or her employer has not determined his or her arrival or because his or her employer has incorrectly determined the length of his or her leave, even though the staff member has duly demonstrated his / her entitlement to a longer notice.
(3) Compensation for unpaid leave or part thereof shall also be paid if the staff member has not been able to use up his leave or part thereof for termination of employment.
(4) Teachers and school teachers are entitled to compensation for wages for a maximum of four calendar weeks of unpaid leave.
(5) The compensation for additional leave (Sections 5 (1) and 5 (6)) cannot be granted. this leave must always be exhausted, preferably.
Transitional and final provisions
(1) In the case of a staff member who was engaged on 31 December 1959, the period of continuous employment with the same employer shall be deemed to have been counted, or should have been, on that date in accordance with the applicable rules for the extension of leave, as well as the period of successful completion of his studies, the period of scientific (artistic) aspiration and the period of membership of the production cooperative, if they fall within the period after the 18 year of age of the staff member.
(2) Staff members who were not in employment on 31 December 1959 for serious reasons shall be counted against the period of continuous employment with the employer, on which they first entered the employment without undue delay after the loss of serious reasons after 1 January 1960, the period which they were or should have been counted against under the applicable rules for the extension of leave with the last employer, the period of successful completion of their studies, the period of scientific (artistic) aspiration and the period of membership of the production cooperative, if they fall within the period after 18 years of age of the employee.
The provisions of this law also apply to apprentices and domestic workers.
Arrangements contrary to this law or regulations issued under it shall be null and void even if they have been concluded before it is effective.
This law shall not apply to members of the armed forces in active service or to members of the Security Corps of the Ministry of Interior.
(1) The Central Board of Trade Unions is hereby authorised to issue in agreement with the central authorities concerned more detailed provisions to lay down in particular:
(a) which changes in employment are regarded as changes for reasons of general interest or for other serious reasons;
(b) which periods are considered for the purposes of this Act as work, even if the employee does not work;
(c) leave for seasonal and campaign staff,
(d) the method of calculating the compensation for the salary during the period of leave and the compensation for the salary for the unpaid leave;
(e) as determined by the proportional part of the leave;
(f) under which conditions the period of study is to be counted for the extension of leave;
(g) the reduction of leave for the execution of a prison sentence.
(2) The central board of trade unions, or, where appropriate, the authorities empowered by it, are entitled to take measures to eliminate the hardships that would arise in the implementation of this law.
This Law shall take effect from 1 January 1960; it shall be carried out by all members of the Government.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Bark v. r.
Shimonek v. r.
Jankovcová v. r.
Dr Acid v. r.
Plojhar v. r.
Dr Nobility v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
General of the Army of Lomská v. r.
Machachová v. r.
Dr Non-edible v. r.
Polack v. r.
Strougal v. r.
Uher v. r.
Lamb
Jonah v. r.
Dr Kahuda v. r.
Reitmajer v. r.
Dr Skoda v. r.
Dr Hlasák v. r.
Potato
ge. Black v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
ge. Púčik v. r.
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Regulation Information
| Citation | Act No. 81 / 1959 Coll., on paid leave for recovery |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1959 |
|---|---|
| Effective from | 01.01.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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