Act No. 82 / 1947 Coll.
Law on the transitional adjustment of paid leave to recovery
Valid
Effective from 01.01.1947
82.
Law
of 14 May 1947
on transitional arrangements for paid leave to be recovered.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) This law regulates paid leave for recovered (in the next "vacation") employees in 1947.
(2) Where this law refers to employees, it means apprentices, unless expressly provided otherwise.
Permanent staff leave.
Vacation entitlement.
(1) Employees who are employed continuously in the same undertaking or with the same employer for at least 6 months shall be paid annual leave for the recovery, if not occasional, in the calendar year.
(2) Staff under 18 years of age are entitled to leave after three months' employment if they fulfil the other conditions of paragraph 1.
(3) The termination of the service shall stop for less than 6 weeks but shall not interrupt the period referred to in paragraphs 1 and 2 if the staff member has not been employed elsewhere during that period.
Duration of vacation.
(1) The basic area of leave is 2 calendar weeks per year.
(2) The leave referred to in paragraph 1 is extended by a further calendar week to staff members:
(a) under 18 years of age,
(b) more than 50 years old,
(c) whose employment is longer than 5 years in the same undertaking or with the same employer, after the same profession or group of professions.
(3) The leave referred to in paragraph 1 shall be extended by 2 calendar weeks to staff members whose employment is longer than 15 years in the same undertaking or employer after 18 years, in the case of the same branch or group of professions.
(4) The Minister for Social Welfare shall, in agreement with the ministers involved, provide for a decree in the Official Journal on the conditions under which the leave of miners working underground and workers working in the labour sector is extended to be particularly harmful for an additional calendar week, while at the same time setting out which types of work are particularly harmful for health.
Where the length of leave depends on the employee's age or the duration of his employment in the same undertaking or with the same employer, after the same branch or group of professions, the situation shall be decided on 1 May of the calendar year.
The period applicable to the length of leave referred to in Article 3 shall also be counted as the period during which the staff member could not be employed because he served in the Czechoslovak or Allied Army and the period during which he could not be employed in the absence of liberty because of national, racial or political oppression.
Vacation restrictions.
(1) If the staff member has not been able to work continuously in the calendar year for 3 months for an important cause relating to his or her person, which he did not intentionally or by gross negligence, in particular for sickness, accident or military service, his or her leave under Section 3 shall be reduced by one twelfth for each other month missed.
(2) Employees are not entitled to leave if they have been provided to them by another employer throughout the calendar year. Where another employer has provided the staff member with part or part of the allowance or cash compensation for that part in the calendar year, the staff member shall be responsible for the remainder of the leave corresponding to the new post, subject to the conditions set out in Section 2, for the new employer in the same year. The staff member shall be obliged to prove to the new employer that he has not yet been granted leave or part of it, or compensation for it. The former employer or employers shall be required to confirm this in writing if they so request.
(1) The working hours which have been neglected by the employee without an important cause after the exhaustion of the previous leave (Paragraph 6 (1)) shall be deducted without compensation from the next leave.
(2) This deduction shall be made by the employer after hearing the staff member and after consultation with the race board.
(3) The provisions of the preceding paragraphs shall apply mutatis mutandis to the rights of apprentices to leave if they do not attend a primary vocational school properly without a reasonable excuse.
The effect of medical care on vacation.
The time missed by the staff member as a result of medical care provided to him by the provider of public social insurance shall not be included in the period of leave.
A holiday experience.
(1) During the period of leave, the staff members are entitled to all cash benefits and allowances, except compensation for the costs as if they had worked. If the amount of the staff member's service benefits has changed on leave, the change shall also apply to the cash benefits due to the staff member during the period of leave, from the date on which the change took place.
(2) For the calculation of cash benefits during the period of leave for a staff member working in the task or under the premium system as well as for any other variable allowances to which the staff member would be entitled if he worked during the period of leave, the average weekly earnings shall be taken in the last 3 months before the start of the leave. In the case of a staff member who receives part or all of his benefits as a commission, the average weekly earnings during the period of leave shall be taken as the basis for their calculation during the last 6 months before the beginning of the leave.
(3) For the duration of the leave, the staff member shall enjoy all the benefits in kind if he can enjoy them. For food and other natural enjoyment, except for flat, light and heating, if he cannot enjoy such enjoyment, he shall have compensation in cash. The amount of this refund shall be governed by the relevant provisions issued for the purposes of public social insurance, provided that the specific provisions for each field of work are not more favourable.
(4) The cash benefits and the compensation of the benefits in kind for the period of leave are payable when the staff member commences on leave, if the staff member so requests, otherwise on normal pay days. However, this is without prejudice to the provisions on withholding tax on pensions under payment periods.
(5) During the period of leave, the contributions of public social insurance are paid in full.
Vacation.
(1) Employees for whom the conditions of Paragraph 2 are met are obliged to grant leave in the calendar year, except in the cases referred to in paragraph 4. Vacation is supposed to be fundamentally continuous.
(2) The employer shall determine as the co-operation of the employees' race council when individual workers take a leave. It shall take into account both the needs of the undertaking and the legitimate interests of the employees. If possible, secondary leave shall be provided at the same time as the main job. The employer shall notify the staff member of the day on which the leave is due, at least 14 days before its appointment.
(3) Staff obliged to visit primary vocational schools must be granted leave at a time when they are not taught at those schools.
(4) Exceptionally, staff members may also be granted leave or part thereof for a calendar year after its expiry, if they so request, or if they cannot be exhausted by the end of the calendar year due to the urgent need of the undertaking. In such cases, the staff member shall take leave in such a way as to expire by 31 March of the next calendar year at the latest. If this is not the case, the staff member shall no longer be entitled to leave.
Mass racing vacation.
(1) If a mass race holiday is granted in a plant, workers who are not entitled to leave at all at the time of this holiday or who are entitled only to leave shorter than a mass race holiday are entitled to all the benefits provided for in § 9, even if they cannot be adequately employed for the duration of the mass racing holiday. If these staff members become entitled to leave or to a higher leave in a calendar year, they shall be credited with the period of mass racing leave during which they were paid and did not work. Otherwise, employees are required to perform the employer's request free of charge replacement work for a period equal to the working time for which they received benefits under the provisions of the first sentence at the time of mass racing leave.
(2) The Government may, by regulation, limit the possibility of providing mass racing holidays.
Cash compensation for unspent vacation.
(1) The provision of cash compensation for unused leave is, except in the cases referred to in this Act, not admissible.
(2) If the staff member has not been able to use up the leave or part of it for the reasons referred to in § 6, paragraph 1, or by 31 March of the next calendar year, he shall be entitled to cash compensation for the leave which he would have been entitled to pursuant to § 3, after the case referred to in § 6, or for the unspent part thereof. The same shall apply if the staff member is unable to use up his leave or part of it due to the urgent need of the undertaking, with the derogation that the staff member to whom the extended leave is due pursuant to Paragraph 3 (4) must, in addition to an additional calendar week of leave, have exhausted at least half of the leave due to him pursuant to § 3 (1) to (3).
(3) The Government may, by regulation, restrict, in general or for certain fields, the exhaustion of the entire length of leave provided for by this law and adjust the legal situation relating thereto.
(4) The cash compensation for leave shall be equal to the cash benefits for the period of leave, including in kind the benefits provided for in Article 9.
(5) A cash refund for a holiday is not considered to be a wage (salary) under the rules on public social insurance and is not subject to pension tax.
The effect of termination of employment on vacation.
(1) If the staff member himself gives a statement before taking the leave, he shall be entitled to a proportion of the leave.
(2) If the staff member is given notice before taking up his leave or if the employment is untied by mutual agreement between the parties, he shall be entitled to the full leave if he has been in employment for at least six months in a calendar year. If the employment in a calendar year is less than 6 months, it shall be entitled to a proportion of the leave.
(3) If the employment relationship has been cancelled before taking a leave without notice by the employer without an important reason or by an employee for an important reason caused by the employer, the staff member shall be entitled to compensation in cash for the period of leave which would be due to the duration of the employment referred to in the preceding paragraph.
(4) Staff members shall not be entitled to leave or compensation in cash if their employment has been cancelled for an important reason attributable to them or if their employment has been cancelled without an important reason.
(5) If a staff member or employer cancels his employment without notice for an important reason by the other party not guilty, the staff member shall be entitled to compensation for a proportion of the leave.
(6) If a staff member cancels his employment after exhaustion of his leave before the end of the calendar year for which he was granted leave, without notice, does not have an important reason for doing so, or is dismissed for an important reason caused by him, the employer may claim compensation in cash for the proportion of the leave due to the remainder of the year. A staff member shall be obliged to have this amount counted on the last payment of cash benefits.
(7) The proportion of leave shall be determined by granting for each month one twelve-month leave, which would be payable by the staff member pursuant to Article 3, after the conditions set out in Paragraph 2, paragraphs 1 and 2 have been met.
(1) If the employment has ended before the staff member has exhausted his leave, he shall be entitled to a part of the allowance in cash for the unspent period.
(2) Paragraph 12 (4) applies to the determination of the refund in cash.
Domestic workers.
(1) Domestic workers and domestic traders employed by up to two external auxiliary forces are entitled to compensation for leave on 31 December:
for holidays 2 calendar weeks 4%,
for holidays 3 calendar weeks 6%; and
for holidays 4 calendar weeks 8%
amounts equal to the remuneration achieved in the last immediately preceding 12 calendar months. If the employment is terminated before 31 December, provision of Paragraph 13 shall apply mutatis mutandis to the payment of cash compensation for leave.
(2) The remuneration for work shall be understood as gross remuneration without payment for the final issue.
(3) Domestic workers shall be obliged to reimburse domestic workers for the amounts they have paid to domestic workers and to them equal to those established by domestic traders in accordance with paragraph 1.
(4) The cash compensation referred to in paragraph 1 shall not be regarded as wages (wages) under the rules on social insurance under public law.
Employees of agricultural and forestry non-continuous work.
Employees of agricultural and forestry workers who do not work continuously during their employment are entitled to leave under Section 3. If they have not worked with the same employer for at least 150 days in a calendar year, they shall have a proportion of one twelfth of leave for each month worked. The days at work add up. The period applicable to the length of leave referred to in Article 3 shall be determined by the sum of the calendar years in which the staff member worked for at least 150 days.
Temporary leave.
Seasonal and campaign staff.
(1) Staff members admitted to seasonal and campaign work who, by their nature, do not last 6 months shall be paid a cash refund of one twelfth of the benefits which they would benefit from for the leave provided for in Article 3, instead of a monthly leave. The period applicable to the length of leave shall be determined by the sum of the periods during which each working relationship lasted.
(2) The cash compensation referred to in paragraph 1 shall not be considered as a wage (salary) under the rules on social insurance under public law.
Staff in construction and secondary construction trades.
The Government shall provide for the provision of leave and pay for the period of leave of employees in construction and secondary construction trades subject to the Act of 9 October 1924, No 221 Coll., on the insurance of workers in the event of sickness, disability and old age, as amended by the regulations amending it and supplementing it, with the exception of apprentices, and shall lay down the obligations of employers and employees resulting from this adjustment.
Final provisions.
This law shall not apply to the staff of the State and the associations of interest and territorial self-government, their institutes, undertakings and funds, as well as to the institutes, undertakings and funds managed by them, whose pay ratios are governed by special laws or regulations pursuant to § 210, paragraph 1 of the Law of 24 June 1926, No 103 Coll., on the arrangements for the payment and certain service conditions of civil servants (the Law) or by the equivalent of those rules.
The date of entry into force of this Act shall be the date on which the validity, where applicable, of all the provisions and provisions which generally govern the cases of paid leave to be recovered, unless they are more favourable to workers.
Arrangements contrary to this law shall be void.
(1) If the Minister for Social Welfare has made general adjustments under the previous provisions, he shall do so for Slovakia after having expressed his views to the Social Welfare Officer, who shall agree with the delegates involved in the case. The observations must be submitted within a reasonable period of time depending on the nature of the case.
(2) In principle, the Minister (Ministry) of Social Welfare exercises its competence under this Law in Slovakia through the delegate (delegate) of social care, which is governed by directives issued by the Minister (Ministry) of Social Welfare.
(3) The Ordinance of the Minister for Social Welfare shall be published in the Official Journal (Úradnom vestník) in cases governed by this Act.
This Law shall take effect on 1 January 1947; It shall be carried out by the Minister for Social Welfare in agreement with participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Dr. Unedible v. r.
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Regulation Information
| Citation | Act No. 82 / 1947 Coll., on the transitional adjustment of paid leave to recovery |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.06.1947 |
|---|---|
| Effective from | 01.01.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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