Decree of the State Commission on Finance, Prices and Wages, State Planning Commission, State Social Security Office and Central Council of Unions No. 86 / 1967 Coll.
Decree of the State Commission on Finance, Prices and Wages, the State Planning Commission, the State Social Security Office and the Central Council of Trade Unions governing the release and placement of workers and material security related to the destruction of inefficient operations and other rationalisation measures
Valid
Effective from 24.08.1967
86
DECLARATION
State Commission on Finance, Prices and Wages, State Planning Commission, State Social Security Office and Central Council of Trade Unions
of 9 August 1967
providing for the release of workers and their placement and physical security in connection with the disposal of inefficient operations and other rationalisation measures
The State Commission on Finance, Prices and Wages, the State Planning Commission, the State Social Security Office and the Central Council of Trade Unions shall determine, pursuant to Section 26 (2) of the Labour Code No. 65 / 1965 Coll., Section 13 of Act No. 70 / 1958 Coll., on the tasks of enterprises and national committees in the labour management sector, Section 143 of Act No. 101 / 1964 Coll., on Social Security, Section 63 (2) of Act No. 54 / 1956 Coll., on sickness insurance of employees, and on the basis of a Government Resolution pursuant to Section 25 (1) of Act No. 113 / 1965 Coll.:
Scope
(1) This decree provides for the release and movement of workers in connection with the disposal of inefficient operations and other rationalisation or organisational measures and as a result of the application of the prohibition of certain work and workplaces for women, their physical security when moving to, and before, new employment, and their sickness and social security claims.
(2) The Decree applies to:
(a) workers made redundant on the basis of a statement given by socialist organisations *) for the reasons set out in § 46 (1) (a) to (c) and workers made redundant as a result of the prohibition of certain works and workplaces for women (§ 150) shall give notice pursuant to § 46 (1) (e) or an agreement for those reasons pursuant to § 43 of the Labour Code No. 65 / 1965 Coll.,
(b) members of production cooperatives released on the basis of a statement given by the production cooperative or an agreement under cooperative rules *) on grounds corresponding to the reasons for the termination of the contract referred to in paragraph (a) (hereinafter referred to as "workers").
(3) The provisions of Sections 1 (5), 3 (4) to (6) and 4 to 12 also apply to professional soldiers and members of the National Security and Correctional Education Corps released from service on the grounds set out in Section 26 (2) (d) of Act No. 76 / 1959 Coll., on certain service conditions of soldiers.
(4) This decree also applies to members of single agricultural cooperatives and to persons who are not employed and who are not permanently employed in the cooperative, with derogations provided for by the Minister for Agriculture and Nutrition in agreement with the Minister for Labour and Social Affairs.
(5) Benefits resulting from this decree are not granted to workers with whom the employment relationship was untied for other reasons (e.g. for violations of labour discipline).
(6) The benefits of this decree shall be maintained for workers if their employment in a new employment has been cancelled without their fault and in the probationary period.
Discharge procedure
(1) When releasing workers, the organisation follows § 42 to 50 of the Labour Code. In particular, the organisation shall, in cooperation with the National Committee, assist workers effectively in obtaining a new suitable job and proceed with their release and further placement in such a way that the transition to a new workplace is smooth and that, only exceptionally, measures for the physical security of workers under § 4 to 7 must be applied. When placing workers, organisations and national committees shall take account of their legitimate interests and needs. In doing so, they work closely with the authorities of the Revolutionary Trade Union Movement.
(2) In particular, the organisation releases workers who are preconditions for easier placement and integration at other workplaces, in particular in sectors and areas with insufficient labour. In doing so, it shall take into account, in particular, the possibility of making use of the qualifications of workers and, where appropriate, their retraining for new production or another profession. In addition to the cases referred to in Section 47 (2) of the Labour Code, special consideration shall be given to older workers before they become entitled to an old-age pension and to serious family reasons (e.g. the employment of a second spouse, schooling and, where appropriate, the educational relationship of children). For these workers, the organisation shall make use, in particular, of all the possibilities for their location in other premises of the undertaking or of the production unit.
(3) The organisation shall, together with the competent authority of the Revolutionary Trade Union Movement, be informed in due time of the workers to be released, of the economic and political reasons for this measure, as well as of how a new job will be provided for them.
(4) When releasing workers, the organisation shall give priority to termination of employment by agreement. The organisation shall state in the written agreement the reason for the termination of the contract. If a worker is interested in moving to a new job before the expiry of the notice period, the releasing organisation shall be obliged to allow him to leave earlier.
(5) In the interests of the smooth transition of workers to new workplaces, organisations shall, as necessary, conclude mutual agreements on the taking-over and appropriate retraining of workers before they are released from their previous employment.
Mass security when moving to a new job
(1) If the organisation releases the worker to whom it has given notice in agreement with him before the expiry of the period of notice, it will reimburse him for his average earnings for the unused period of notice. * *) To this extent, the organisation will also provide the worker with a refund if the employment relationship is unbundled by agreement and is terminated before the date on which the employment would have ended if the worker had been fired on the day the agreement was concluded.
(2) A worker who is interested in the releasing organisation in its economic results by participating in shares shall be granted a proportion of the share for the period during which he worked in the organisation during the year in question, including the unused period of notice, provided that the other conditions applicable to the allocation of shares are fulfilled.
(3) In recognition of the work to date, the loosening organisation may, with the agreement of the race committee, grant severance to the basic organization of the Revolutionary Trade Union Movement up to six times its average monthly earnings. In doing so, it shall take into account, in particular, the duration of the worker's employment relationship, his work results and merit, and, where appropriate, the earning opportunities in the new employment.
(4) A staff member who enters into a contract of employment in the recruitment procedure carried out by the national committees shall also receive the formalities provided for in the recruitment procedure under specific rules. Such workers shall not be subject to the provisions of paragraphs 5 and 6.
(5) A worker who, after his transfer to another organisation, will carry out a job for which training or training must be carried out shall be required by the receiving organisation to ensure training or processing and to provide him with the necessary wage compensation provided for in training (processing) in accordance with the rules applicable in each sector and sector.
(6) The granting of reimbursement of travel, removal and other expenses is governed by general rules. * *)
Mass security before starting a new job
(1) If, despite the assistance of the releasing organisation and the National Committee, the worker is unable to take up appropriate employment immediately after the termination of the existing employment, he shall be entitled, subject to the conditions laid down in this decree, to a contribution before the new employment takes place.
(2) The allowance shall be granted to a worker of 60% of his average net earnings in the organisation which released him, but not more than 1800 CZK per month. The average net earnings shall be calculated by deducting the wage tax from the average earnings established under § 30 to 33 of Decree-Law No 66 / 1965 Coll. and, where applicable, under Decree No 84 / 1966 Coll. at the rate applicable to the worker in the period of termination of his employment.
(3) The allowance shall be increased by the amount corresponding to the child allowance which would be due to the worker under the applicable rules if he does not receive the education or orphan's pension or if he would not be entitled to the child allowance to another person.
(4) If a worker is entitled to an old-age, disabled or widower's pension, he shall be granted a contribution, less the amount of the pension due to him (after the special pension tax has been deducted) but not more than six months.
(1) The condition for granting a contribution before the start of a new employment is that the worker released has been shown to have applied for a new employment with the District National Committee in whose territory he is resident and that he has applied for the contribution.
(2) If the worker has applied for employment in due time, i.e. no later than three days after the end of the employment relationship or after the expiry of the obstacle for which he was unable to apply within that period, he shall be granted a contribution from the day following the end of the employment relationship. The allowance shall be granted only if the period from the end of the worker's employment to the start of the new employment is longer than one week.
(3) If the worker has not applied for a job with the relevant district national committee in due time, he shall be granted a contribution from the date on which he entered the district national committee by the date on which the new employment takes place, if this period is more than one week.
(1) The allowance shall not be granted, or, where appropriate, shall be withdrawn by a worker who, without serious grounds, refuses to take up an appropriate job appropriate to his medical condition and abilities and, if possible, qualify for or participate in assistance organised by the National Committee on Agricultural Highly, Seasonal or Similar Short-term Work. Where a worker participates in such assistance for a transitional period, he shall be entitled to the allowance in addition to the earnings he has earned.
(2) The allowance shall not be granted to the worker for the period during which he is granted cash sickness insurance benefits replacing the loss of earnings.
(3) If an incapacity for work is created after the withdrawal period, so that the worker is not entitled to sickness insurance, the allowance shall be due before the new employment takes place throughout the period of incapacity and after the employment has been completed until the new employment is restarted. In this case, the district national committee may increase the worker's allowance up to the amount of the sickness allowance which it would otherwise be entitled to, if justified by the higher costs associated with the disease.
(4) A worker who is not entitled to sickness insurance benefits because the withdrawal period has already expired shall also be entitled to one-off benefits similar to those of sickness insurance (childbirth and death benefits) at the time when he receives the allowance before the start of the new employment, provided that the conditions for their provision are otherwise fulfilled under the rules on occupational sickness insurance.
Allocation or withdrawal of the allowance and lump sums (Section 6 (4)) shall be decided by the district national committee responsible for the place of residence of the worker. The contribution and lump-sum benefits shall be paid by the district national committee on a monthly basis. The District National Committee may, at its request, grant an advance of half the monthly allowance to the worker after 14 days of entitlement. *)
Entitlements in the field of sickness insurance
(1) The deductible earnings from which the recurrent cash benefits of sickness insurance are determined shall not include compensation for the unused period of notice and severance payments provided for in Article 3, nor shall the allowances provided for in the recruitment by the national committees, except for the allowance for incorporation. The wage compensation provided for in Article 3 (5) is included.
(2) The period for receiving the allowance before the start of the new employment shall be counted against the period of employment applicable to sickness insurance. The district national committee shall issue a certificate to the worker of this period.
(3) The conditions for a worker's entitlement to child allowance shall be determined in accordance with the general rules. Children's allowances for the last month of employment in the releasing organisation shall be granted in that organisation only if the worker has obtained a specified number of days worked for that month, including those assimilated to them. If a worker enters employment in a new organisation during a calendar month, he shall be granted child allowance in a new organisation if he has received a total number of working days (shifts), including those assimilated to them in that calendar month. Within the number of days worked, the working days on which the worker was on the register of the District National Committee as a candidate for employment and, where applicable, the working days for which he was granted the allowance before the start of the new employment; a certificate of the number of working days shall be issued by the District National Committee.
(4) When the releasing organisations cease to exist, their rights and obligations in the field of sickness insurance shall be transferred to the receiving organisation or, where appropriate, to the winding-up authority. On completion of the liquidation, the district trade union council (district sickness insurance administration) shall provide any recurrent cash benefits according to the worker's residence. The expulsion organisation shall confirm to the worker all necessary documents for entitlement to sickness insurance benefits before the end of its activity.
Entitlements on social security
(1) Entitlements of workers made redundant in the field of social security shall be assessed in accordance with the general rules *) and the following provisions.
(2) In the case of workers made redundant, the termination (amendment) of employment I (II) of the working category shall be deemed to be the leaving (change) of such employment for serious reasons (Paragraph 1 (1) (b) of Decree No. 102 / 1964 Coll., implementing the Social Security Act) if, on the date of the release, they have obtained from the period necessary to qualify for a pension for at least 20 years in employment I (II) of the working category.
(3) The management of pensions shall, at the worker's request, determine his pension from the average monthly earnings recorded on gross earnings for the last 10 or, where applicable, for the last 5 calendar years before the year in which the worker was released, if this average is more favourable to him than the average monthly earnings established under the general rules.
(4) The compensation granted to the worker for the remainder of the unused period of notice, the allowance for incorporation provided in the recruitment by the national committees and the wage compensation form part of the gross earnings attributable to the pension scheme. The allowances and allowances paid to the staff member in recruitment by the national committees shall not be payable for pension purposes.
(5) The period for which the allowance is granted before the start of a new employment is included in the period of employment.
(6) When determining the average monthly earnings, no account shall be taken of the duration of the contribution prior to the start of the new employment or the contribution granted. However, if the worker participates at the time of the grant of the assistance provided by the National Committee on Agricultural Highest, Seasonal or Similar Short-term Work (Section 6 (1)), the average monthly earnings for that period and the earnings achieved shall be looked at if this is more favourable to him.
Workers with altered working capacity are granted a pre-placement allowance (§ 72 of Act No. 101 / 1964 Coll. and § 94 of Decree No. 102 / 1964 Coll.), at the amount of the allowance before the start of the new job, unless there is a more favourable treatment under the social security rules.
Transitional and final provisions
For workers of establishments cancelled between 1 January 1966 and the date of the entry into force of this decree, who have not yet been awarded a pension under the social security rules, in individual cases due regard may be given in the field of social security as provided for in Section 9 by decision of the President of the State Social Security Office (Section 142 of Act No. 101 / 1964 Coll.).
(1) For social security purposes, the organisation is required to indicate on the record of the period of employment and earnings of the worker * *) that the worker has been released under this decree.
(2) The organisation is also obliged to issue a certificate to the worker, at his request, of his average net earnings and of the other facts relating to his / her working relationship with the organisation, responsible for assessing the entitlement to the allowance before the start of the new employment.
(1) Where reference is made in this Decree to the provisions of the Labour Code, this means, for production cooperatives, the corresponding provisions of the statutes of the production cooperative and the decisions of the Board of Directors of the Association of Production Cooperatives. * * *) The working ratio is that of members of production cooperatives.
(2) If the decree provides for cooperation between organisations and national committees with the authorities of the Revolutionary Trade Union Movement, this is understood to mean the membership of the production cooperatives according to the statutes of the production cooperative.
(3) Entitlements in the field of sickness insurance of members of production cooperatives are governed by the provisions of Section 8 with derogations resulting from Decree No 88 / 1967 Coll., on sickness insurance of members of production cooperatives.
This decree shall take effect on the day of its publication.
Minister-President of the State Commission on Finance, Prices and Wages:
Ing. Succharda v. r.
First Deputy Chairman of the State Social Security Office
Dr John v. r.
First Deputy Chairman of the State Planning Commission:
Morkus v. r.
Secretary of the Central Council of Trade Unions:
Kozelka v. r.
*) § 8 of Labour Code No. 65 / 1965 Coll.
(*) Articles 28 (a) to (c) and 24 of the Articles of Association.
* *) § 275 of the Labour Code, § 30 to 33 of Government Decree No. 66 / 1965 Coll., implementing the Labour Code, and Decree No. 84 / 1966 Coll., providing for derogations for the calculation of average earnings for certain groups of workers.
* *) Decree No. 100 / 1964 Coll., on reimbursement of travel, moving and other expenses.
*) Paragraph 72 (1) of Decree No. 100 / 1966 Coll., on the Planning Management of the National Economy, as amended by the Governments. No 83 / 1967 Coll.
*) Act No. 101 / 1964 Coll., on social security and its implementing regulations.
* *) § 89 of Act No. 101 / 1964 Coll. and § 123 and other Decree No. 102 / 1964 Coll., implementing the Social Security Act.
* * *) Order of the Board of Directors of the Central Association of Production Cooperatives of 21 December 1965 No 754 on the regulation of the employment relations of members of production cooperatives.
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Regulation Information
| Citation | Decree of the State Commission on Finance, Prices and Wages, the State Planning Commission, the State Social Security Office and the Central Council of Trade Unions No. 86 / 1967 Coll., governing workers' release and placement and physical security in connection with the liquidation of inefficient operations and other rationalisation measures |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.08.1967 |
|---|---|
| Effective from | 24.08.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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