Decree of the Government of the Czechoslovak Socialist Republic No. 82 / 1989 Coll.
Decree of the Government of the Czechoslovak Socialist Republic on collective agreements
Valid
Effective from 01.09.1989
82
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
of 13 July 1989
on collective agreements
The Government of the Czechoslovak Socialist Republic orders pursuant to § 20 paragraph 7 of the Labour Code, as amended by Act No. 188 / 1988 Coll., in agreement with the Central Council of Trade Unions:
Conclusion of a collective agreement
(1) A collective agreement is concluded in all socialist organisations1) except for single agricultural cooperatives and cooperatives where membership includes employment relationships. 2)
(2) A collective agreement is also concluded in an organisational unit of the organisation if requested by the relevant trade union body.
(3) In social organisations, a collective agreement may be concluded by agreement of the relevant trade union body with the management of the organisation.
(1) Within the limits laid down by the Labour Code, the management organisation shall negotiate with the relevant trade union body the length of the period for which the collective agreement is concluded.
(2) The deadline within which a draft collective agreement must be submitted to a member meeting or, where appropriate, to a Conference of the Revolutionary Trade Union Movement (hereinafter referred to as the "membership meeting") for approval may be agreed in a collective agreement or negotiated by the Head of Organisation with the relevant trade union body.
(3) A collective agreement may be amended or supplemented, in particular following approval of the annual economic and social development plan, the organisation's budget or amendments thereto.
Content of the collective agreement
The rights and obligations agreed in the collective agreement shall be based on the needs and interests of the workers and on the tasks and possibilities of the organisation. The collective agreement shall contain specific and controllable commitments, specifying the deadlines for their execution, functional and, where appropriate, nominal responsibilities and, depending on the nature of the commitments, the identification of sources of funding.
(1) The collective agreement must include the determination of the scale of the appropriations for the various components of the remuneration fund in the organisations which constitute the fund under the wage regulation, the order and method of determining the amount of these components in the event of a shortage of funds in this funding.3)
(2) The collective agreement also includes:
(a) rules on the distribution of the fund of remuneration by the organisation to each organisation unit and the conditions for its use;
(b) measures to ensure selected tasks in the field of social activity arising from the organisation's economic and social development plan, 4)
(c) the volume of funds of the Fund of Cultural and Social Needs created by the basic (single) allocation (the normative allocation) of the current year, the conditions for the provision of an additional allocation (the supernormative allocation), the rules for the allocation of funds of the Fund of Cultural and Social Needs for Organisational Units, the budget of the Fund of Cultural and Social Needs and the framework principles for the use of funds of the Fund of Cultural and Social Needs (5) to the extent specified by other implementations6) or specific provisions.
(d) in the case of budgetary, contribution and social organisations, the determination of the remuneration appropriations and, where appropriate, the premiums not paid from the remuneration fund.
(3) If the collective agreement does not contain the obligation referred to in paragraph 1, only the commitments governing the distribution and use of the remuneration fund are invalid. 7)
As a general rule, the collective agreement includes additional commitments according to the needs of the organisation and workers to ensure social economic development, in particular:
(a) the way in which resources are created, distributed and used to meet the needs of workers and working groups;
(b) commitments to create conditions to improve the effectiveness of the organisation's activities, to carry out the planned tasks and to develop the participation of workers in the development, management and control of the organisation's activities;
(c) the extent and breakdown of wage resources, measures to increase the efficiency of wages and to improve their differentiation according to merit, to develop rationalisation and normalisation of work, to provide economic performance shares and other components of wages that are appropriate to the collective agreement;
(d) claims on wage components set out in the margin and on wage components or other employment benefits which the wage or, where appropriate, labour law provides for as non-profit-making benefits; This does not apply in cases where those provisions provide that the worker is to be admitted to performance on the basis of an assessment of his / her performance, qualifications and the like;
(e) commitments to fulfil the tasks of social development, in particular to improve safety and health at work, to diet, other work, health, social and living conditions of workers, to increase the care of selected groups of workers and to improve the conditions for cultural, physical and recreational activities of workers, their family members and pensioners - former workers of the organisation,
(f) commitments to carry out tasks in educational and educational activities, in particular in the care of the qualification and retraining of workers, the preparation of youth for the professional professions and the provision of an adaptation process for newly assigned workers.
Procedure for preparing, concluding and checking the implementation of a collective agreement
(1) The preparation of a collective agreement takes place in parallel with the establishment of an organisation's economic and social development plan and, where appropriate, the budget for the relevant period.
(2) The head of the organisation shall agree with the relevant trade union body the manner and timing of the preparation of the collective agreement, the design of its breakdown and the scope.
(3) The Head of Organisation and the competent trade union ensure the processing of the draft collective agreement using the ideas of the workers, its timely submission to the workers and their collectibles for assessment and comments and inform them of the use of their ideas, as a general rule at production meetings and trade union meetings.
(1) The collective agreement, its amendments and additions shall be signed by the Contracting Parties without undue delay after their approval by a member meeting.
(2) If a proposed commitment is not approved by a member meeting, a collective agreement shall be concluded to the extent of the other members' meetings of the agreed commitments.
Administrative technical preparation, processing of the collective agreement and its transfer to the workplace shall be ensured by the management organisation; This also applies to public control of the implementation of a collective agreement. The organisation shall cover the costs of the work referred to in the first sentence.
The head of organisation and other managements8) are required
(a) to monitor on a continuous basis how subordinates of managers and other staff fulfil their obligations under the collective agreement;
(b) inform the relevant trade union body and workers of the results of the ongoing monitoring of the implementation of the collective agreement and of the measures taken to remedy the deficiencies.
(1) The Head of Organisation and the competent trade union shall ensure public control at the workplace of the performance of the collective agreement (hereinafter referred to as the "public inspection") for the calendar year and, where appropriate, for the entire period from the effectiveness of the collective agreement and, as a rule, for the first half of the year, in the manner and within the deadlines agreed in the collective agreement.
(2) The report on the results of the public inspection and the measures taken to address the deficiencies shall be submitted by the Head of Organisation, after consultation with the relevant trade union body, to a member meeting.
(3) The report referred to in paragraph 2, the opinion of the relevant trade union body on it and the relevant resolution of the member meeting shall constitute a protocol on public control.
The authority superior to the organisation and the competent senior trade union body shall provide the organisation and the relevant trade union body with methodological assistance as appropriate, in particular in the preparation and control of the implementation of the collective agreement.
Dispute settlement
(1) Disputes between the Contracting Parties concerning the fulfilment of commitments which do not give rise to individual workers shall be settled by the competent higher trade union body with the authority of the superior organisation (hereinafter referred to as the "decision-making bodies") on a written proposal from the Contracting Party, unless otherwise provided for in a separate regulation. 5)
(2) In the central authorities, regional national committees, the National Committee of the City of Prague, the National Committee of the Slovak Socialist Republic of Bratislava and in organisations which do not have a superior body, the head of the organisation is considered to be the authority of the management body.
(3) The decision-making bodies shall resolve the dispute through their statutory or written representatives. The Contracting Parties shall provide the decision-making bodies with the required synergies, in particular to provide supporting documents, to provide the required information and to send their authorised representatives to act.
(1) The decision-making bodies are required to invite the Contracting Parties to the negotiations so that they have sufficient time to prepare, as a rule at least five working days before the date on which the negotiations are to be held. Negotiations may take place even if the invited Contracting Party does not appear to it without a prior proper apology.
(2) The decision-making bodies aim in particular to settle the dispute between the Contracting Parties. If there is no settlement of the dispute and the written withdrawal of the proposal, the decision-making bodies shall issue a resolution decision; in the decision, impose compliance with the contested undertaking or, if it is not possible or is associated with disproportionate difficulties, withdraw the undertaking.
(3) The decision shall be taken by agreement between the two decision-making bodies; If no agreement is reached, the decision-making bodies shall notify both Parties in writing within 15 days. If, within 30 days of receipt of this notification, the Contracting Parties do not amend or withdraw the undertaking in question, the undertaking shall cease to be in force within the scope of the contested transaction.
(4) Decisions shall be taken by the decision-making bodies no later than 30 days after the date of receipt of the proposal to the two decision-making bodies.
(5) The decision shall be final and shall become binding on both the decision-making bodies and both the Contracting Parties if they have been present; otherwise it shall become binding on the Contracting Parties on the date of receipt of the written copy of the decision by both Contracting Parties. The decision-making bodies shall forward the decision to the Contracting Parties within 15 days of its publication.
(6) The Contracting Parties shall inform the next meeting of the resolution of the dispute.
Provisions common and final
(1) If a special management regime is introduced in accordance with the special rules of the organisation, 9) the Contracting Parties shall immediately enter into negotiations on amendments and additions to the collective agreement if they result from measures imposed on the organisation in connection with the introduction of the scheme.
(2) In establishing direct management (10), the legal effectiveness of the obligations contained in the collective agreement shall be suspended unless the parties agree otherwise within 15 days of the date of entry of direct administration in the company register. For the purposes of a collective agreement, a manager shall be considered as a manager in direct management.
(1) Adopted Annexes are part of the collective agreement.
(2) The organisation is obliged to keep the collective agreement and the public inspection protocols for a period of five years after its expiry.
Efficacy
This Regulation shall enter into force on 1 September 1989.
Adamec v. r.
1) Section 8 of the Labour Code. Section 68 and 69 of Act No. 90 / 1988 Coll., on Agricultural Cooperative. § 64 and 65 of Act No. 94 / 1988 Coll., on Housing, Consumption and Production Co.
2) § 16 of Act No. 94 / 1988 Coll.
3) Paragraph 113 (2) of the Labour Code.
4) Paragraph 60 of Act No. 88 / 1988 Coll., on State Enterprise. Article 139 (4) of the Labour Code.
5) Decree of the Federal Ministry of Finance No. 21 / 1986 Coll., on the Fund of Cultural and Social Needs. § 15 of the Decree of the Government of the Czech Republic No. 127 / 1988 Coll., on the financial management of state enterprises of agricultural food complex, single agricultural cooperatives and joint ventures.
6) For example, the Decree of the Government of CSSR No. 127 / 1982 Coll., on Racing Catering.
7) Article 242 (1) (a) and (3) of the Labour Code. Section 11 of Decree No. 98 / 1985 of the Federal Ministry of Labour and Social Affairs Coll., on regulating wage resources, as amended by Decree No. 234 / 1988 Coll. § 14 of Decree No. 127 / 1988 Coll. § 7 of the Federal Ministry of Agriculture and Nutrition No. 203 / 1988 Coll., on regulating the wage resources of agricultural and food complex enterprises, uniform agricultural cooperatives and joint ventures.
8) Section 9 of the Labour Code.
9) Sections 15 and 16 of Act No. 88 / 1988 Coll.
10) § 17 of Act No. 88 / 1988 Coll.
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Regulation Information
| Citation | Decree of the Government of the Czechoslovak Socialist Republic No. 82 / 1989 Coll., on collective agreements |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.1989 |
|---|---|
| Effective from | 01.09.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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