Decree No. 82 / 1959 Coll.
Decree implementing certain provisions of the Law on paid leave for recovery
Valid
Effective from 01.01.1960
82
Decree of the Central Council of Trade Unions
of 28 December 1959
implementing certain provisions of the Law on paid leave for recovery
In agreement with the participating central authorities pursuant to § 18 (1) of Act No. 81 / 1959 Coll., on paid leave for recovery (hereinafter referred to as "the Act"):
Performance
(1) As a performance, the time is also considered
(a) where the staff member does not work for obstacles to work for reasons of general interest, with the exception of military active service;
(b) paid leave for recovery;
(c) where the staff member does not work for obstacles to work on the part of the employer;
(d) when the staff member takes an extra leave for overtime,
(e) where the staff member does not work because it is a holiday for which he is entitled to compensation for lost earnings;
(f) participation in boarding school training for professional or organised components of the National Front;
(g) leave granted under special rules to staff studying at work.
(2) A staff member whose regular working hours are arranged differently from all working days in a calendar week shall be assessed as having worked six working days in a calendar week if he has worked in it for the period covered by his schedule of working hours.
(3) If he is a fully-released national committee official or a social organisation, he shall be granted paid leave for a recuperated (proportional part) national committee or social organisation for which the vacancy is active. If the leave (proportion) has not been exhausted before the end of the term of office, the employer shall provide it.
Admission of studies
If the staff member has successfully completed his studies, he shall be included in the continuous employment of the same employer for the period of study after 18 years of his age, but no more than the period prescribed for the proper completion of the type of study concerned. If a staff member has studied during his employment, he shall be counted for the extension of the period of time during which he was employed, provided that that period has not already been properly counted as the period of employment and that he has not been employed because he has been preparing for the prescribed examinations.
Beneficial changes in employment
(1) A change of employment for reasons of general interest or other serious reasons shall be deemed to have occurred if, after 1 January 1960, the staff member:
(a) has been released and transferred to a job which is more important for the fulfilment of the tasks of the national development plan for the national economy;
(b) has been transferred or transferred to another employment as decided by the authorities responsible or under the prior agreement of the participating undertakings;
(c) have transferred to a job obtained following a public bankruptcy;
(d) enter into employment after having duly fulfilled the contract of employment concluded for a certain period of time or for a certain period of work or when the contract was untied during the probationary period or its expiry;
(e) he has entered a job in which his professional qualifications are significantly better applied than they have been,
(f) change employment on the grounds that the undertaking (s) in which it was employed was abolished, reorganised or transferred, or that the employee's employment was untied without fault, because it became indispensable or because the employer could not permanently provide him with a job corresponding to his qualification class;
(g) has changed employment on the grounds that the undertaking in which he was still employed has infringed the essential obligations arising from his employment towards the employee;
(h) change employment for serious health reasons on the recommendation of the Medical Advisory Board or the Social Security Assessment Board or change the pregnant worker's employment in the interests of her health or the employed mother in the care of her child under the age of 8;
(i) change employment for serious family reasons (e.g. followed the second husband to the place of employment or residence).
(2) In the cases referred to in paragraph 1, the period of previous employment shall be set off if the staff member has entered a new employment without undue delay after the end of the previous employment.
(3) Whether a favourable change of employment is determined by the employer receiving the employee in agreement with the race committee of the Revolutionary Trade Union Movement on the basis of documents submitted by the employee; If these documents are insufficient, the employer shall request additional documents from the previous employer.
(4) In the event of a change of employment, there is a doubt as to whether employment is more important for the fulfilment of the tasks of the national economic development plan, the management authority of the district national committee responsible shall decide according to the place of new employment in agreement with the relevant district trade union board.
(1) The beneficiary of a partial invalidity pension or partial invalidity pension in an accident at work which, after the pension has been granted, enters without undue delay, shall be credited to that employment until the same employer has been employed permanently with the same employer for the period which he was or should have been credited to the last employer before the pension was granted. This provision shall apply mutatis mutandis to the beneficiary of an invalidity pension or invalidity pension in the event of an accident at work to which that pension has been withdrawn or, where appropriate, converted into a partial invalidity pension. In the calendar year in which the beneficiary of one of those pensions first enters employment, he shall have a proportion of the leave.
(2) An old-age, invalidity or invalidity pension beneficiary in an accident at work which, after the pension has been awarded, first enters employment shall be entitled to leave after the conditions laid down in Paragraph 1 (1) of the Act have been fulfilled. Until a continuous employment with the same employer takes place, it shall be credited for the extension of the leave for the period which was or should have been credited to it under the applicable rules with the last employer before the pension was granted, irrespective of when he first entered employment after the pension was granted.
(3) The second sentence of paragraph 2 shall apply mutatis mutandis to a worker whose employment ended at the time of pregnancy or because she had taken care of her child if she entered into employment without undue delay after the need for childcare had lapsed, at the latest after eight years of age of the child, as well as to a woman who is the first to enter the household employment after 1 January 1960.
(4) Staff members who, after successful completion of their studies at a selection or university, entered into employment without undue delay, shall be credited to the same employer's continuous employment for the extension of leave for the period which was or should have been credited to the last employer before the beginning of his studies under the applicable rules.
If the staff member changes employment after 1 January 1960 and does not have a favourable change in employment (Section 3), the continuous employment period with the same employer shall be calculated only from the date of entry into the new employment.
Elimination of hardness
The District Committee of the Trade Union and, if not established in the District, the Regional Trade Council may, where justified, remove the hardness that would arise from the calculation of continuous employment with the same employer (§ 2 (2) and (3) of the Act), after a statement by the Race Committee of the Revolutionary Trade Union Movement.
Determination of the proportion of leave
(1) The proportion of leave shall be determined by granting one twelve-month leave for each calendar month.
(2) When a change of employment pursuant to Paragraph 3 (1) takes place during a calendar month, the employer who has lasted more than half a month during that month and the employer who is present in the middle of the month shall provide the staff member with a proportional share of the leave.
Reduction of leave
(1) Staff who have missed work for the execution of a custodial sentence shall be reduced by one twelfth for every 25 working days so missed. If the staff member 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 calendar year. If the employer cannot transfer the reduction of leave to the next calendar year due to termination of employment, he shall be obliged to require the staff member, for every 25 working days that the staff member has missed for the execution of the prison sentence, to pay a salary equal to one twelfth of the staff member's leave. The employer is entitled to deduct the corresponding amount from the employee's salary.
(2) The implementation of the corrective measure is not a reason to reduce leave.
Additional leave
Vacation in secondary employment is always assessed separately and should be provided at the same time as possible in the main employment.
Mass racing holiday
(1) The employer may, with the agreement of the race committee of the basic organization of the Revolutionary Trade Union Movement, order a mass race holiday if it is necessary for operational reasons and compatible with the general interest, in particular if it does not jeopardise or make it difficult to implement the national economic development plan in an equal manner. A mass race holiday shall not last more than two calendar weeks. For professional art files, mass racing holidays may take four calendar weeks.
(2) If the employer orders a mass race holiday, he shall be obliged to provide a staff member who at this time is not entitled to leave or who is entitled to leave shorter than a mass race holiday, with a replacement job appropriate to his qualifications. In that case, the staff member shall be entitled to compensation under Section 11 of the Act for all the duration of the mass racing leave if he has not achieved a higher wage for the replacement work. If the staff member becomes entitled to leave or to longer leave in a calendar year, he shall be credited with the period of mass racing leave during which he was paid compensation even though he did not work.
Calculation of compensation for the period of leave
(1) In the case of a staff member working at work, in simple time wages, in time wages with a premium or with a performance or, where applicable, a personal allowance, taking into account the variable nature of his salary, the average weekly earnings recorded on the earnings paid for the last 12 completed calendar months before the start of the leave (hereinafter referred to as "the relevant period") shall be taken as the basis for calculating the remuneration during the period of leave. If the staff member's employment is permanent on the day of taking up his leave with the same employer, the remuneration shall be calculated for the period of leave from the earnings paid in the period from the date of employment until the end of the calendar month preceding the month in which the staff member took up the leave.
(2) The technical and administrative staff, as well as the scientific or research staff, to whom premiums are granted for the performance of premium indicators under the premium scheme, are only entitled during the period of leave to the basic salary and any remuneration for overtime established on the average of such remuneration paid at the relevant time. If, for the period during which the staff member is on leave, the premium is not to be reduced by a proportion corresponding to the period of leave. The same shall apply to other staff members whose remuneration and bonus are adjusted mutatis mutandis.
(3) If there has been a permanent change in the staff member's basic salary at the relevant time, it shall be calculated, during the period of leave, only from the earnings paid in the period from the date of such change to the end of the calendar month preceding that in which the staff member took up the leave. If the leave takes place in the month in which the basic wage has been permanently changed, the compensation for the salary shall be calculated only from the earnings obtained from the date of the change of basic salary until the date of the entry of the leave. Where a staff member starts his leave on the first day of the month in which the basic salary has been permanently altered, the average earnings for the period of leave shall be taken as the basis for calculating the compensation for the salary, which shall be paid by the same staff members who are equally qualified to perform the same work or work of the same type in the same or similar place.
(4) In calculating the compensation for the salary during the holiday period, one-off remuneration shall not be taken into account nor shall the remuneration for carrying out particularly important tasks and excellent work results.
(5) For a staff member who has not worked for a part of the relevant period because he has been on leave or for important obstacles to work, the calculation of the remuneration during the period of leave shall not take into account the period in which he has not worked for those reasons or the compensation paid for that period.
The amount of cash compensation for benefits in kind shall be determined in the same way as for the purposes of payroll tax.
For a staff member referred to in § 11 (1) and (2) who selects leave in exceptional parts, the remuneration shall only be recalculated when the basic salary has changed since the previous part of the leave was taken. Otherwise, it shall be entitled to compensation for the salary determined in accordance with the calculation made for the preceding part of the leave.
Compensation for unpaid leave
(1) Reimbursement of leave or part thereof which a staff member could not have exhausted for urgent operational reasons is equal to the remuneration corresponding to the length of the leave not taken or the part not taken.
(2) Compensation for unspent leave or part thereof in the other cases referred to in § 13 (2) and (3) of the Act is equal to compensation for salary corresponding to the length of leave not taken or part of leave not collected, except overtime.
The concept of teachers and educators
(1) Teachers within the meaning of the law are teachers, directors and their representatives at all kinds of schools and teachers at vocational schools, as well as permanent leaders of groups of the Pioneer Association of the Czechoslovak Youth Association in schools.
(2) Farmers within the meaning of the Act are educators of all kinds of extracurricular educational establishments.
Seasonal and Campaign Staff
(1) Staff members admitted to seasonal and Campaign work are entitled, at the end of the period of employment, to pay a salary equal to one twelfth of the benefits which they would receive during the period of leave provided for in Section 2 of the Act if the conditions for entitlement to leave were fulfilled (Section 1 of the Act).
(2) In the case of seasonal and campaign workers, until a continuous employment period with the same employer (Section 2 of the Act), the duration of the last employment on seasonal (campaign) work or, where applicable, the period counted, if the seasonal worker entered again within 12 months at the latest into similar employment on seasonal (campaign) work. However, the period of previous employment on seasonal (campaign) work shall not begin if, from the end of the period until such employment has been restarted for more than 12 months, or if the previous employment has been cancelled by the employer for important reasons attributable to the seasonal worker or has left the staff member before the end of the contractual period without agreement with the employer.
Domestic workers
Domestic workers are entitled to paid leave for the same extent and under the same conditions as other employees. In calculating the compensation for the salary during the period of leave, no account shall be taken of the fees for the final issue (so-called overheads).
Final provisions
If the Regional Committee of the Trade Union or the Regional Trade Council is not established, it shall exercise the powers conferred upon those authorities pursuant to Article 6, the Regional Committee of the Trade Union or the Regional Trade Council, as the case may be.
This Decree shall take effect from 1 January 1960.
Chairman:
Zupka v. r.
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Regulation Information
| Citation | Decree No. 82 / 1959 Coll., implementing certain provisions of the Law 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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