Decree No. 82 / 1988 Coll.
Decree of the Federal Ministry of Labour and Social Affairs governing the release, placement and physical security of workers in connection with the conversion of the national economy and central authorities
Valid
Effective from 01.06.1988
82
DECLARATION
Federal Ministry of Labour and Social Affairs
of 27 May 1988
regulating the release, placement and physical security of workers in connection with the conversion of the national economy and central authorities
The Federal Ministry of Labour and Social Affairs provides, pursuant to § 43 (1) of Act No. 133 / 1970 Coll., on the competence of federal ministries, in agreement with the Central Council of Trade Unions:
Scope
The release, placement and physical security of workers in connection with the conversion of the organisational structures of the production, scientific research and circulation base of the national economy to state enterprises (1) and changes in the organisation of the central authorities are covered by Decree No. 74 / 1970 Coll., governing the release, placement and physical security of workers in connection with the implementation of the rationalisation and organisational measures, as amended by Decree No. 4 / 1979 Coll., unless otherwise specified.
The organisation shall be obliged at least three months before the worker should be fired, to inform him of the reasons for the release and of the assistance he will receive in obtaining a new job. Where a worker shows an interest in moving to a new employment before the date on which the employment is to end on the basis of a statement or agreement already concluded, the releasing organisation shall comply with his request, unless serious operational reasons prevent it. The termination agreement shall state the reason for the termination of the contract.
(1) A staff member who, after his employment has ceased without undue delay, joins another organisation shall be entitled, for a period of three months after the new employment, to pay compensation equal to the difference between the average gross earnings in the initial working2) and the gross earnings achieved at the new workplace, and for a further three months, to 80% of that difference. However, if the worker is subject to a substantial change in his or her work, requiring a substantial change or substantial extension of the qualifications which he or she could not have achieved without his or her fault, within three months of taking up his or her new employment, he or she shall be entitled to pay compensation in full throughout the period necessary to achieve such change or extension of the qualification.
(2) The wage compensation for the period and at the level laid down in the preceding paragraph is also for a worker who is not released by the organisation from the employment relationship but for the reasons set out in points (a) to (c) of Paragraph 46 (1) of the Labour Code, any change in the employment activity takes place; in those circumstances, it is also for workers who, without the termination of employment, have transferred rights and obligations from their employment relationships to another organisation under § 249 to 251 of the Labour Code. The remuneration shall be due from the date on which the work has changed. If the worker is released from the organisation, for the reasons set out in the first sentence, at the time of taking up his employment in another organisation, he shall be entitled to pay for the remaining period of that organisation. When determining the amount of the wage compensation, the average gross earnings referred to in paragraph 1 shall be based on a change in work.
(1) For transitions due to the most socially important structural changes and other socially important rationalisation measures, it shall be for the worker released for the reasons set out in points (a) to (c) of Paragraph 46 (1) of the Labour Code to pay compensation from taking up the new place of work for the period and at the rate laid down in paragraph 3 (1), provided that, under the same conditions as in the case of a substantial change in work, it is for any change in work requiring training or retraining of the worker.
(2) The transition due to the most socially important structural changes is, for the purposes of this decree, the transition of a worker to an employment relationship to an organisation
(a) to work in the mining of reserved minerals, (3) to select buildings specifically provided for in the national economic development plan, to essential operational activities in rail transport and in the metro; such operational activities shall be determined by the competent central authority;
(b) on the demarcated territory at the western border of the Czechoslovak Socialist Republic, with the exception of stabilised settlement centres as annexed to this decree;
(c) designated by the Regional National Committee in the counties of Ústí nad Labem, Teplice, Most, Chomutov, Česká Lípa and Sokolov,
(d) other priorities established by the Government of the Czechoslovak Socialist Republic.
(3) The transition due to other socially important rationalisation measures is, for the purposes of this decree, the transfer of a worker from an organisation in which the number of workers is reduced as a result of the rationalisation measures, to an employment relationship with another production organisation designated by the competent central authority, provided that the worker has to change his place of residence or if he or she is or continues to have substantially adverse conditions, in particular in relation to transport to employment; the transition within the organisation is assessed under the same conditions without unbundling the employment relationship to other of its workplaces.
(1) Pre-employment allowance (hereinafter referred to as "allowance") is granted to a worker equal to his average monthly net earnings achieved in the organisation which released him. its amount shall be ascertained from the average gross monthly earnings (4) by deducting the wage tax at the rate applicable to the worker during the period of employment. The allowance shall be granted only if the period from the termination of the worker's employment to the start of the new employment is more than one calendar week. If the allowance is due only for part of a month, the allowance shall be granted for the calendar day 1 / 30 of the fixed allowance.
(2) The allowance shall be granted by the date on which the new employment takes place, for a maximum period of three months. After that period, a worker who has not been provided with a suitable employment5) also corresponding to his or her serious family circumstances shall be granted a contribution of 60% of the average monthly net earnings established under the preceding paragraph but not exceeding 2400 CZK per month for a maximum period of three months.
(3) The allowance shall not be granted if the worker released fulfils the conditions for entitlement to an old-age pension. A staff member who receives an invalidity or widow's pension shall be granted an allowance less the amount of the pension provided.
Efficacy
This Decree shall take effect on 1 June 1988.
Minister:
M. Boda v. r.
Annex to Decree No. 82 / 1988 Coll.
Designated territories at the western border of the Czechoslovak Socialist Republic
(by administrative breakdown as at 1 January 1986)
West Bohemian Region
County: Cheb
municipalities: Cheb, Aš, Dolní Žandov, Drmoul, Františkova Lazne, Hazlov, Hranice, Crožovátka, Spa Kynžvart, Libá, Lipová, Luby, Mariánské Spa, Milhostov, Munich, Nebanice, New Church, Plzeň, Skalná, Trstěnice, Three Axes.
District: Tachov
municipalities: Tachov, Bezdružice, Bor, Cebiv, Chernošín, Erpužice, Hale, Hostika, Chodová Planá, Chodské Úzce, Kladruby, Constantine Spa, Lesna, Lestkov, Plana, Primda, Rozvadov, Old Sedliste, Old Sedlo, Guard, Silver, Svojšín, Třeměný.
District: Domazlice
municipalities: Domažlice, Bělá nad Radbuzou, Bížejov, Černíkov, Česká Kubice, Draženov, Horšovský Týn (excluding parts of the village of Křenové, Semošice), Hoděň, Chodov, Chodská Lhota, Hrastavice, Dyna, Klenčí pod Čerchov, Klíčov, Kot na Šumava, Luženice, Meclov, Mezholezy u Domažlice, Mezholezy u Horšovský Týn, Milavče, Mrákov, Nemanice, Nevolice, Pec, Púkovy, Postěkov, Rybnik, Semivice, Strádmačov, Trhanov, Escape, Usilov, przeeruby, Zageruany.
parts of the village: Bukovec, Čečovice, Černovice and Neměnice in the municipality of Holýšov.
District: Klatovy
municipalities: Cachrov, Desenice, Dlouhá Ves, Dobrá Voda, Hartmanice, Hlavňovice, Hrádek, Chudenín, Kašerské Hory, Zedice, Nýrsko, Petrovice, Reyštejn, Srné, Strášín, Strášov, Dusice, Velhartice, Železná Ruda, Žihvili.
South Bohemia
District: Prachatice
municipalities: Borová Lada, Horní Vltavice, Ktiš, Kvilda, Lenora, Nová Pec, Stážec, Strážný, Volary, Zbytiny.
District: Český Krumlov
municipalities: Benešov nad Černou, Boletice, Bujanov, Černá v Pošumaví, Dolní Dvořiště, Frymburk, Horní Dvořiště, Horní Planá, Hořice na Šumava, Privily, Kajov, Lipno nad Vltavou, Loučovice, Malonty, Omlenice, Front Glow, Vodnost, Rožmberk nad Vltavou, Rožmitál na Šumava, Svlělík, Větětěštní, Větní Brod.
Stable settlement centres
| Okres a obce: | Stabilizované části obcí: | |
|---|---|---|
| okres Cheb | ||
| Cheb | Cheb, Dolní Dvory, Háje, Horní Dvory, Hradiště, Podhrad, Střížov | |
| Františkovy Lázně | Františkovy Lázně, Dolní Lomany, Horní Lomany, Slatina | |
| Mariánské Lázně | Mariánské Lázně, Hamrníky, Klimentov, Ušovice, Velká Hleďsebe | |
| okres Tachov | ||
| Tachov | Tachov | |
| Planá | Planá | |
| Stříbro | Stříbro | |
| okres Domažlice | ||
| Domažlice | Bezděkovské Předměstí, Dolejší Předměstí, Hořejší Předměstí, Město, Týnské Předměstí | |
| Kdyně | Brnířov, Kdyně, Prapořiště | |
| Horšovský Týn | Malé Předměstí, Město, Nová Ves, Plzeňské Předměstí, Svatá Anna, Velké Předměstí | |
| okres Klatovy | ||
| Nýrsko | Bystřice nad Úhlavou, Nýrsko | |
| Sušice | Sušice I., Sušice II., Sušice III. | |
| okres Prachatice | ||
| Volary | Volary | |
| okres Český Krumlov | ||
| Větřní | Větřní | |
1) Principles and procedure for the conversion of the organisational structures of production technical, scientific research and circulation base of the national economy to state enterprises (No 31 / 1988 Coll.).
2) Section 275 of the Labour Code.
3) Paragraph 3 (1) of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act).
4) Paragraph 8 (1) of Decree No. 112 / 1975 Coll. of the Federal Ministry of Labour and Social Affairs, which regulates certain details of the survey of average earnings.
5) Paragraph 37 (4) of the Labour Code.
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Regulation Information
| Citation | Decree No. 82 / 1988 of the Federal Ministry of Labour and Social Affairs, Coll., governing the release, placement and physical security of workers in connection with the conversion of the national economy and central authorities |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.05.1988 |
|---|---|
| Effective from | 01.06.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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