What is Act No. 87 / 1947 Coll.?

Act No. 87 / 1947 Coll., on certain measures to carry out national labour mobility — Law on certain measures to implement national labour mobilization.

When it became Act No. 87 / 1947 Coll. effectiveness?

Act No. 87 / 1947 Coll. became effective 10.06.1947.

Is Act No. 87 / 1947 Coll. still valid?

Yes, Act No. 87 / 1947 Coll. is still valid and effective.

Act No. 87 / 1947 Coll. - Law on certain measures to implement nat...

87.

Law

of 9 May 1947

on certain measures to implement national labour mobility.

The Constitutional National Assembly of the Czechoslovak Republic decided on this law:

Část I.

Purpose and means.

§ 1.

(1) In order to implement a two-year economic plan, national labour mobilization will take place.

(2) In order to carry out national labour mobility, the following measures should be used:

(a) economic management by labour;

(b) the integration of workers capable of and not yet working in work;

(c) the transition of persons who may be absent from existing posts to areas where they are urgently needed;

(d) return of professional or trained labour to the original professions;

(e) an increase in the number of women employed;

(f) the integration of persons with reduced working capacity into work;

(g) improving labour performance and discipline.

(3) National labour mobilization shall be carried out primarily on the basis of the principle of volunteering. If the economic management is not achieved by labour force, by voluntary integration as well as by voluntary redeployment of employees of the necessary number of labour to meet the two-year economic plan, the redeployment of workers and other measures shall be carried out in accordance with the provisions of this Law.

§ 2.

The government, after hearing the Unified Trade Union Organisation and the relevant Central Economic Organisations, and for Slovakia, also after expressing the board of delegates, shall determine the principles and procedure for the use of the means of mobilising the workforce and shall determine in particular which economic sectors and the number of superfluous and disposable labour to be released and in which sectors they are to be located and in which branches (professions) to be returned to those who are trained or trained in them. In the same way, the government will determine, by government regulation, the order of importance of economic sectors for the placement of labour on a voluntary basis with applicants or looseners.

Část II.

Economic management by labour.

§ 3.

Employers' obligations.

(1) Employers are obliged to:

(a) make the best use of the workforce, education and expertise of their employees, taking care of social policy, health and safety regulations;

(b) organise the work in such a way as to achieve the greatest and best business result with the least amount of work.

(2) Employers may only employ such a number of employees as are strictly necessary for the performance of their duties, in particular those imposed on their undertaking, establishment or establishment (hereinafter referred to as "the undertaking ') on the basis of a two-year economic plan, in full use of working time and full performance.

(3) Where an undertaking employs more than the number of employees than is justified in accordance with paragraphs 1 and 2, the employer shall be obliged to limit the number of employees to the extent that these provisions justify them. To this end, it is obliged to abolish the working conditions of surplus workers under the provisions of § 9 and 10.

(4) In agreement with the relevant ministers, the Minister of Social Welfare may declare in the Official Gazette, either in general or for each sector (s), that employers are required to keep proper records of their employees and, at the request of the Office of Statistics, in the framework of regular reports to the State Office, in Slovakia, also to the State Planning and Statistical Office, for the needs of the Regional Labour Protection Offices, provide data on the number, use and overall performance of their employees.

§ 4.

Consequences of failure to fulfil obligations imposed by the employer.

(1) If the employer fails to comply with the obligation under Paragraph 3 (3), the district labour protection office may impose an effect on him to limit the number of employees to the level set there.

(2) The Ministry of Social Welfare shall, in agreement with the competent Ministry, after hearing the Unified Trade Union Organisation and the relevant Central Economic Organisations by means of a decree in the Official Gazette, provide for the management and conditions under which the County Labour Protection Office is entitled to order individual employers who do not fulfil their obligations under § 3 (1) to (3) to disengage employment with redundant workers.

(3) An employer who does not comply with the provisions of Article 3 and paragraphs 1 and 2 of this Article or the provisions laid down therein may not require that additional labour be facilitated or allocated to him.

§ 5.

Supervision of the performance of employers' duties.

The Ministry of Social Welfare shall supervise compliance with the obligations arising from the provisions of Sections 3 and 4 in agreement with the Ministry responsible.

Část III.

Voluntary integration of workers not yet working for the fulfilment of a two-year economic plan.

§ 6.

Persons who are not yet in employment or who are not on leave to pursue a self-employment activity or who are not fully employed in such activities and who are voluntarily included in the employment relationship in the conduct of national labour mobility and who choose to work, after the undertaking, in accordance with the requirements of the two-year economic plan, shall be granted, in accordance with the rules on aid for integration into work from the special-purpose assets of the aid which they need to be allowed, after being facilitated, to take up employment.

Část IV.

The transition of persons who are essential to existing jobs into fields relevant to the two-year economic plan.

§ 7.

Voluntary transfer of employees to another job.

(1) If a staff member voluntarily changes employment with the prior approval of the Regional Labour Protection Office in order to contribute economically more important work to the fulfilment of a two-year economic plan, the County Labour Protection Office may shorten the notice period. It is not bound by law that the notice period should end on certain days. The reduced period of notice shall be decided after the hearing of the employer by the Regional Labour Protection Office, giving consent to the termination of employment, taking into account the importance and urgency of the needs of the participating establishments and the two-year economic plan. The time limit may not be reduced below 14 days unless both parties agree to a shorter period. There are no appeals against the decision of the County Labour Protection Office.

(2) A staff member who carries out his current employment until the end of the shorter period of notice referred to in paragraph 1 and who joins a new employment within one week of the end of the current employment period shall be entitled, at the first voluntary change of employment, to compensation for his salary (salary), which would be due to him while maintaining the proper period of notice, but not more than 6 weeks.

(3) Paragraph 6 applies mutatis mutandis.

(4) If exceptional damage would be caused by the employer by the fulfilment of the obligation imposed in paragraph 2 and if there is a case of special consideration, the labour protection authority shall grant him a contribution from the special-purpose assets under the rules on aid for integration into work.

§ 8.

Mandatory release of essential staff.

(1) The Minister for Social Welfare shall, in agreement with the relevant ministers, declare, after hearing, a single trade union organisation and the relevant central economic organisations in accordance with the principles laid down in the Government Regulation (§ 2) in the Official Journal in which the employers are obliged to release their essential employees.

(2) The measure referred to in paragraph 1 may be taken either in general or for specific areas or groups, in the case of a category of staff. The decree shall specify, in accordance with the needs of the two-year economic plan, who shall determine the number of employees to be transferred to another employment and how it shall be so, after which the decree may also specify the number of employees.

§ 9.

Choice of staff to be released.

(1) The selection of staff to be released under the Order of the Minister for Social Welfare, issued in accordance with Section 8, shall be carried out by the employer in agreement with the race council within 14 days of the date on which the number of staff to be released was communicated to him. The selection shall be subject to the principles laid down in Article 8 and shall not be subject to the selection of members and alternates of the staff member, if they may be employed for other work, and of staff who are ill or physically or mentally defective. In principle, employees who are the youngest of the service are to be released from the relevant category (Section 8 (2)), and younger than the elderly and free from the married, taking into account their social circumstances and fitness in both the current and the new business. The list of workers to be released shall be submitted by the employer to the competent labour protection authority for examination and approval, and shall at the same time notify the staff concerned that they have been included in that list.

(2) If the employer has not made the selection in time in agreement with the race board, the district labour protection office shall, in accordance with the principles referred to in paragraph 1, make the selection after hearing the unified trade union organisation, the employer and the race council. The Office shall inform the employer of the names of the staff members it has chosen to inform the staff member that they are to be released.

(3) Staff members selected pursuant to paragraph 1 or 2 may, within 8 days of the date of notification, object to the selection at the Regional Labour Protection Office. The employer may also, within the same time limit as from the date on which the names of the selected staff members have been communicated to him pursuant to paragraph 2, object to the selection.

(4) The County Labour Protection Office will examine the list submitted promptly, consider any objections (paragraph 3) and decide whether to consent to the termination of employment with the proposed staff. If the county labour protection office has doubts as to the accuracy of the selection of staff (paragraph 1) or the accuracy of the procedure, it shall renegotiate the matter with all relevant factors (paragraph 1); taking into account other circumstances which are otherwise relevant in granting consent to the termination of employment under the applicable rules.

(5) The purpose of giving consent to the termination of employment with the proposed employees shall be delivered by the district labour protection office to the employer and the selected employees. Both the employer and the staff member selected may, within 3 days of his receipt, submit a breakdown to the Administrative Committee of the Regional Labour Protection Office, which shall decide on him within a maximum of 14 days in the Chamber, composed of the President and two alternates. The Chairman and the members of the Chamber are elected by the Administrative Committee from among its members (§ 3, paragraph 2 of the Decree of 4 June 1945, No 13 Coll., on the provisional construction of the Labour Protection Offices). Decomposition has suspensive effect. In any case, the County Labour Protection Office shall inform the employer without delay whether the breakdown has been submitted and how it has been decided. An appeal from the Chamber's decision on the decomposition and, failing to apply the party to the decomposition, from the decision of the District Office of Labour Protection to consent to the termination of employment with the proposed employees (§ 3, paragraphs 2 and 3 of Decree No. 13 / 1945 Coll.) has no suspensory effect.

(6) If the notice referred to in paragraph 5 is amended in a correction procedure after appeal, the staff member shall be entitled to a new employment relationship which he has negotiated (§ 10 (3)) or to which he has been placed (§ 11), to be dismissed by an eight-day notice and the County Labour Protection Office shall give its consent. If the staff member returns within 15 days of delivery of the final statement to the original employer, he shall be obliged to continue to employ him at an earlier post, unless this is contrary to the principle of Paragraph 3 (1) as a result of the limitation of the number of employees. As regards the rights and obligations arising from the original employment relationship, the case shall be treated as if the staff member had been assigned to work under the relevant rules.

§ 10.

Termination of existing employment.

(1) The employer is obliged to give notice, in accordance with other provisions, to staff members to be released no later than 3 days from the date on which they were notified by the Regional Labour Protection Office pursuant to Paragraph 9 (5) that no decomposition has been filed against the measure as regards the refusal.

(2) The notice period for the termination of employment referred to in paragraph 1 shall be 30 days. Other notice periods, laid down in accordance with the laws, regulations, regulations of service, statutes or any other means, shall not apply to the termination of employment under the provisions of this paragraph. However, the legal provisions on termination of employment without respect for notice shall not be affected.

(3) Staff members shall have the right to choose within 14 days from the date on which they were given notice (paragraph 1) within the framework defined by the Regional Labour Protection Office, after the event. The Regional Labour Protection Office may, if it approves a new employment relationship, reduce the notice period (paragraph 2) accordingly, which it shall inform employees and employers. There is no appeal against this decision.

§ 11.

Placing an employee in a new job.

(1) If, within the time limit laid down in Section 10 (3), a staff member has not agreed to a new employment contract with the agreement of the Regional Labour Protection Office, he shall be appointed by the Regional Labour Protection Office (branch) in a job whose performance may be fairly required of him according to his physical and mental capacity, education, expertise and social circumstances, taking into account the needs of the two-year economic plan. An employee under the age of 18 can only be placed in this way if the undertaking has facilities which provide adequate care in terms of its moral and health protection.

(2) The location of the staff member shall be carried out by the Regional Labour Protection Office (branch) by an equivalent to that delivered to the staff member and to the new and existing employer. The notice shall state the name and place of the establishment, the type of work (employment) and the date on which the staff member is to take up work. That date shall be determined in such a way as to, where possible, pursue the termination of an existing employment relationship.

(3) An employee can be placed without his consent outside his place of residence only if required by the two-year economic plan. Otherwise, the Regional Labour Protection Office (branch) is to place an employee free from married persons outside the place of residence. Unmarried are equal to persons separated, divorced, widowed, unless they care for any family member living with them in the same household and for whom they have a maintenance obligation. Married women may not be placed under the provisions of this paragraph without their consent. Employees under the age of 18 may not be placed outside their place of residence without the consent of the father's guardian or guardian.

(4) Appeals against the location notice do not have a fundamentally suspensive effect. However, if the staff member objects to the appeal with regard to his medical fitness, it shall be examined without delay by the official doctor of the County Labour Protection Office, provided that such objections have not already been examined in the proceedings referred to in Paragraph 9 (3) and the County Labour Protection Office decides on them in accordance with his opinion; in so doing, it may give the appeal a suspensive effect. In their activities under this paragraph, the official doctors of the county labour protection authorities shall be subject to the supervision of the official doctors of the Regional Labour Protection Office. In Slovakia, other official doctors may exercise the responsibilities of the official practitioners of the labour protection authorities, designated by the social security authority.

(5) The employer must discharge the staff member in due time in order to be able to take up a new job within a specified time. The staff member shall be obliged to take up work within a specified period of time and the new employer shall be obliged to employ him by the work for which he has been designated (paragraph 2), unless the County Labour Protection Office gives its consent to the change. An employment relationship, based on the background of the notice referred to in paragraph 2, shall be subject to the rules on private employment.

§ 12.

Replacement of employees with the same employer.

(1) Paragraphs 9, 10, 1 and 2 and 11 apply mutatis mutandis to employees who will be transferred to another profession with the same employer in the framework of the measures by which the employer fulfils the obligation imposed on him in Sections 3, 1 to 3.

(2) The employer is obliged to pay the relocated staff member who starts the work on the following working day after the end of the initial employment relationship, if any, a higher salary (salary) from the previous employment relationship for an agreed or statutory period of notice, if more than 30 days.

§ 13.

Relocation of staff released as a result of officially ordered organisational measures on the holding.

In the case of employees who are no longer employed on the holding for officially ordered and enforceable organisational measures on the holding, similar provisions of § § 9 to 11 apply - unless otherwise provided by the Government - to similar provisions.

§ 14.

(1) The Office, which takes the measures referred to in Paragraph 13, is obliged to immediately rectify the district labour protection office in whose territory the undertaking is located.

(2) The Regional Labour Protection Office (branch) shall invite the employer to designate, within the time limit set by it, the staff members to be relocated in agreement with the race council and to provide details of the staff, in particular when they may employ those staff.

Část V.

Return of professionally trained or trained workforce to their original professions.

§ 15.

Voluntary return.

Staff members who voluntarily return to the work or profession of important or more important (§ 2) for the fulfilment of a two-year economic plan in which they are trained or trained shall be subject to the provisions of § 7.

§ 16.

Compulsory return.

(1) The Minister for Social Welfare shall declare, in accordance with the principles laid down in the Government Regulation (§ 2), in agreement with the relevant ministers after hearing the single trade union organisation and the relevant central economic organisations in the Official Journal of the Labour Sector or occupation to which the staff who are trained or trained in them must be returned, unless they are of an important public or economic interest in their current place of employment and have obtained the professional qualifications which are normally required for the field in which they are currently working. It is also necessary to take account of their social circumstances.

(2) Paragraph 8 (2) also applies to the measures referred to in the preceding paragraph.

§ 17.

(1) The list of staff covered by the Decree of the Minister for Social Welfare, issued pursuant to Paragraph 16 (1), shall be drawn up by the Regional Labour Protection Office following the hearing of the employer and the race council and shall inform the staff concerned that they have been included in the list of persons to be returned to the work or profession in which they are trained or trained. Staff members may submit objections for reasons of their health within 8 days of the date of receipt of this notification.

(2) Where it has not been found that the worker's medical condition does not allow him to return to the work or profession (employment) in which he is trained or trained, the County Labour Protection Office shall inform the employer and the staff member by the means that the Staff Regulations of the Minister of Social Welfare referred to in Paragraph 16 (1) apply to the staff concerned. This notice shall replace the consent to the distribution of employment. Paragraph 9 (5) and (6) shall apply mutatis mutandis.

(3) Paragraphs 10 and 11 apply mutatis mutandis to the termination of employment (paragraphs 1 and 2) and their placement in another profession, unless otherwise specified. Opposition under Paragraph 11 (4) cannot be invoked.

Část VI.

Increasing the number of women employed.

§ 18.

The Minister for Social Welfare may, in agreement with the ministers involved and after hearing the Unified Trade Union Organisation and the relevant Central Economic Organisation, declare in the Official Journal that certain types of work or employment are reserved primarily for women. This measure may be taken either in general or for certain economic sectors or for individual sectors, in the case of undertakings.

§ 19.

(1) Employers in whose undertakings the posts referred to in the Decree referred to in Article 18 are required to work in such places, in particular women, as soon as such a place is released or established. The employer may, within 21 days of the day of the vacancy, after the establishment of a post (Section 18), find himself a female workforce for a post reserved for women, but he is obliged to notify it without delay to the Regional Labour Protection Office (branch). If the employer does not find a female labour force himself within this period, he shall immediately notify the County Labour Protection Office, which shall provide him with a suitable candidate worker, who shall be visible.

(2) The specific provisions under which the Regional Labour Protection Office (branch) may grant or refuse consent to a contract for reasons other than those referred to in Paragraph 18 remain unchanged.

(3) If the district labour protection office (branch) cannot provide the employer with an employer within 14 days of the date of notification referred to in paragraph 1, the employer may fill the post with a male employee while maintaining the applicable rules.

(4) The Regional Labour Protection Office may shorten the daily working hours of married women whom it has provided for posts reserved for women under paragraph 1 up to 4 hours a day or up to 24 hours a week; In this case, the employer may employ two female powers instead of a male employee. Married women are treated in this respect as unmarried women who run the household themselves and care for at least one family member. This is without prejudice to specific provisions on the protection of the life and health of women.

Část VII.

Inclusion in the work of persons with reduced working capacity.

§ 20.

(1) The Minister for Social Welfare may, in agreement with the ministers involved and after hearing the Unified Trade Union Organisation and the relevant Central Economic Organisation, declare in the Official Journal that certain types of work or employment are mainly reserved for persons whose capacity for work is permanently or temporarily reduced for a period of time and to specify the types of work and activities reserved for certain stages or types of reduced working capacity. This measure may be taken either in general or for certain economic sectors or for individual sectors, in the case of undertakings.

(2) The evidence of the degree and type of reduced gainful capacity shall be the statements of the competent social security holder or the State Office for War Damage or other authentic instrument and, if not, the opinion of the county labour protection office's official physician.

§ 21.

(1) Employers in whose undertakings the posts referred to in the Decree referred to in Paragraph 20 (1) are required to be employed in such places by persons with reduced skills. This person may be found by the employer within 21 days of the date of issue of the decree or the day of discharge, after the establishment of the post referred to in § 20 (1), but must be notified without delay to the Regional Labour Protection Office (branch). If the employer does not find this person himself within that period, he shall immediately inform the Regional Labour Protection Office, which shall provide it to him from among the persons with reduced working capacity, who shall be aware.

(2) If, with the agreement of the Regional Labour Protection Office, the employer cannot, with the agreement of the Regional Labour Protection Office, employ a full-time worker who works on the ground, reserved for persons with reduced working capacity and for whom he has accepted such a person (paragraph 1), in another place of employment, he shall be obliged to release the current employment relationship with the worker concerned in accordance with the provisions of Section 10. The notice must be given by the employer within 3 days of the date on which the district labour protection office delivered to him an assessment of the granting of consent to employ, in a position reserved for persons with reduced work capacity, the labour force he himself has found (paragraph 1) or within 3 days of the date on which the county labour protection office has provided him with the appropriate labour force from among persons with reduced work capacity.

(3) It is without prejudice to the specific rules under which the Regional Labour Protection Office (branch) may grant or refuse consent to a contract for reasons other than those set out in Paragraph 20.

(4) If the district labour protection office (branch) cannot provide the employer with a person with reduced working capacity who has the necessary capacity to perform the relevant type of work, within 21 days of the date of notification referred to in paragraph 1, the employer of the former staff member may continue to employ the staff member in a dedicated post or fill the post by another staff member, while maintaining the applicable rules.

(5) Staff members, vacations under paragraph 2, shall be placed in accordance with the provisions of Sections 10 and 11.

§ 22.

An employer who is engaged exclusively or mostly in work reserved for persons whose capacity to work is reduced shall not be obliged to fill more than half of all the seats of persons with reduced working capacity.

§ 23.

The provisions of § § 20 to 22 are without prejudice to the provisions of § § 96 to 108 of the Act of 18 July 1946, No 164 Coll., on the care of military and war damages and war victims and fascist persecution.

Část VIII.

Labour and social protection when entering or changing employment in the framework of national labour mobility.

§ 24.

Employee's salary claims against the employer.

(1) A staff member shall be entitled to a salary (salary) with additional benefits against his employer until the end of his employment. In particular, it shall be entitled to a proportion of the remission or similar remuneration by the end of the period of employment if the remission or similar remuneration is paid on the holding for the year in which the transfer took place.

(2) If a staff member is entitled by law, contract of employment or Staff Regulations to a special service in the event of termination of employment, he shall be entitled to such service in full, but not more than the amount of the salary (salary) with additional benefits for 3 months. Such performance shall include compensation for salary paid under Paragraph 7 (2). Amounts paid by employees under this paragraph may be reimbursed to the employer from the special-purpose assets for integration aid if he so requests within 3 months of the end of the employee's employment relationship.

§ 25.

Vacation entitlement.

(1) A staff member shall be entitled to a proportion of the annual leave in respect of his employer, provided that he has been employed continuously for at least 2 months in the same undertaking (for the same employer) in the current calendar year and that he has not yet been allowed in that year before his employment. The proportional part of the leave is due even if the prescribed waiting period has not been fulfilled.

(2) If the employer has granted full leave to the staff member during the current calendar year and the employee's employment relationship has ended for the reasons set out in this Act before the end of that year, the employer may ask the new employer to pay compensation for a proportion of the employee's leave.

(3) The proportional part of the leave shall be fixed by granting, for each employment, an end of the calendar month 1 / 12 of leave, which the staff member would be entitled under the relevant rules if the waiting period had been met.

§ 26.

Employment and pay conditions in the new job.

(1) The conditions of employment and salary (salary) in the new post shall be governed by the provisions applicable to the new post, unless otherwise specified in the other provisions of this Part.

(2) The period of employment in the employment relationship prior to the transition to a new employment (profession) is added to the period of employment in the new employment if the duration of employment with the same employer (in the same undertaking) is of legal importance for the rights of the employee vis-à-vis the employer. Until the paid leave for recovery, the leave or the proportional part thereof received by the staff member or to which he was entitled with the employer. The leave or the remainder of it may be requested by the new employer not earlier than two months of employment.

§ 27.

The possibility of relocated staff to perform an apprenticeship (tovarich) examination.

(1) Persons who have entered a new profession under the provisions of Part IV may, in Slovakia, be authorised to carry out the final apprenticeship examination in Slovakia, provided that they have carried out work in a new profession falling within a particular field of study, at least for the period specified as teaching period and have acquired the necessary knowledge and skill. If these people pass the final apprenticeship exam, in Slovakia they will be given a business and trade chamber, in Slovakia a business fellowship, a teaching certificate, after the case of the tovarich certificate. These papers are a proof of the proper termination of the teaching relationship and the completion of the final apprenticeship examination, in Slovakia the Tovarich exam.

(2) The Chamber of Commerce and Trade in Slovakia, the business community, may, after hearing the relevant economic organisation and the workers' representative, authorise persons who have been particularly successful in the new profession to take the final apprenticeship test in Slovakia, the Tovarich examination before the expiry of the period laid down in paragraph 1, but not before the end of two years of work in the new profession.

§ 28.

Social insurance of relocated employees.

(1) Social insurance of a staff member who has gone to another employment or profession under the provisions of Parts III to V shall be governed by the general provisions on social insurance, unless otherwise provided for in this Act.

(2) If an employee in the employment to which he has been transferred would be obliged to be insured in another pension insurance sector or in another holder of the same pension insurance sector, he would be subject to insurance with his current pensioner, if he has received at least 12 contribution months in that insurance and if such insurance is more favourable to him under the conditions of entitlement or to the level of entitlement.

(3) The insurance shall be made according to the amount of the salary (benefits) in the new employment, but at least in the service class (based on the pension base) in which the employee was included in the last compulsory pension insurance before the transfer. In commission insurance, the average deductible earnings in the last year of compulsory insurance is determined.

(4) A staff member whose earnings are below the working earnings (basis of assessment) according to which he was insured in an existing employment shall pay the maximum amount of the pension insurance that he would have paid had he been insured according to his actual earnings. The rest is the employer's obligation to pay for his own. The Regional Labour Protection Office shall provide it with a special-purpose capital contribution in accordance with the rules on aid for integration into work under the conditions laid down by the Government of the Regulation.

(5) The provisions of paragraphs 2 to 4 shall apply mutatis mutandis to persons who have been voluntarily insured or without a job immediately prior to the transfer and whose claims on the transfer insurance still persist.

(6) Where a staff member who has gone to another employment or profession under the provisions of Parts III to V in that employment or profession of an accident within two years of the date on which a new employment or occupation takes place, the pension or other cash benefits shall be calculated in accordance with the rules on accident insurance from earlier earnings, if more than the new earnings.

§ 29.

Insurance of working women and persons with reduced working capacity.

Women, incorporated into work under the provisions of § 19, and persons with reduced working capacity, incorporated into work under the provisions of § 21, are subject to insurance under the general rules on public social insurance even if they are to be excluded from it. If their employment is secondary to employment, their insurance shall not be carried out if they declare within 30 days of the date of entry into employment to the competent carrier that they do not wish to be insured.

§ 30.

Protection of pensioners and their insurance.

(1) Staff members who benefit from a pension from public social insurance or the benefits of war offenders or public resting (provision) salaries may not, during the period of implementation of the two-year economic plan, be deprived or reduced only because they have entered or continue to work. In the case of the benefits of war offenders (Act No. 164 / 1946 Coll.), this ban concerns only basic benefits. For this reason, employees cannot be denied a pension from public social insurance.

(2) Beneficiaries of public social insurance pensions and beneficiaries of public rest (provision) salaries are subject to insurance under the general rules on public social insurance during the period of employment, but would declare within 30 days of their entry into employment that they do not wish to be registered for insurance.

(3) If insurance is applied for by a beneficiary of an invalidity or old-age pension or a beneficiary of a public rest allowance and is then insured, his pension shall be increased by an increase in the amount of the allowance for the newly obtained period. The entitlement to these amounts may be exercised only one month after the end of the new insurance. The increase in pension is due from the nearest pension payment to the termination of insurance.

(4) Paragraph 95 (c) of the Law of 9 October 1924, No 221 Coll., on the insurance of staff in the event of sickness, disability and old age, as amended by the Regulations amending it and supplementing it, does not apply for the period of implementation of the two-year economic plan.

§ 31.

Professional training of transferred staff.

In order to ensure that workers who have entered into a new profession under the provisions of Parts III to V have a full performance, the Ministry of Social Welfare may, in agreement with the Ministry responsible and after hearing the Unified Trade Union Organisation and the Central Economic Organisations concerned, take measures to enable the staff to receive the necessary training. Placing in a new job may also be made dependent on the condition that the employer performs the necessary training (training) on his cargo.

§ 32.

Compensation of the difference between the earnings so far and the new earnings.

(1) If a staff member who has gone to another profession under the provisions of Parts III to V cannot obtain, without his guilt, a new post of employment which he has had in his current employment, special support from the special-purpose assets for the promotion of integration into the work at the level of the difference between the former and the new employment shall be granted by the County Labour Protection Office for a maximum period of 3 months, beginning on the day following the end of the current employment. The Minister of Social Welfare may, by decree, extend for up to three months for certain professions.

(2) If, after the expiry of the period referred to in paragraph 1, the staff member is unable to obtain, without his own fault, the full earnings he has earned in his current employment, the new employer shall be obliged to grant him, for a maximum of 3 months, a compensatory allowance equal to the difference between the earlier earnings and the earnings in the new employment. This provision shall not apply to agriculture; a government regulation shall determine in this case how the transferred staff member will be covered for an additional period of 3 months by the difference between earlier earnings and agricultural earnings.

(3) Whether the staff member is in fact unable, without his guilt, to obtain the work earnings he has had in his current employment, to be decided by the Regional Labour Protection Office after hearing the employees' and employers' representatives.

(4) Employees who have entered a new profession with an existing employer (§ 12 (1)) shall be credited to the entitlements referred to in paragraphs 1 and 2 of the salary they receive during the period of notice (§ 12 (2)).

(5) The compensatory allowance referred to in paragraph 2 shall be considered as a work income under the public social insurance rules. The Minister for Social Welfare may, by means of an order in the Official Journal, declare that, when charging social security benefits, he shall take account of the specific aid paid under paragraph 1.

§ 33.

The performance of staff changing jobs (occupation) in special cases.

(1) The Minister for Social Welfare may, by means of an order in the Official Journal, determine, either in general or for certain groups of employees, that the new employer is obliged to provide the staff who first changed their employment (occupation) under this law and are not entitled to the service provided for in Paragraph 24 (2), the amount equal to the wage (salary) with additional benefits in the former employment, but not more than six weeks.

(2) Paragraph 7 (4) applies mutatis mutandis.

§ 34.

Regulations on aid for integration into work.

(1) The Government is empowered to:

(a) adjust, for the purposes of this Act, the type and amount of the special-purpose capital aid for integration aid, by way of derogation from the existing rules, and determine under which conditions persons voluntarily incorporating into work, as well as persons moving into another employment, may claim such aid under this Act;

(b) specify the conditions under which employers may claim a contribution from special-purpose assets pursuant to § 7, § 4, § 24, § 2 and § 33 as well as the amount of that contribution.

(2) The amount of aid fixed under paragraph 1 (a) may not exceed 150% of the current rate.

Část IX.

Ensuring performance and discipline.

§ 35.

Obligations of employers and employees

Employers and employees shall be obliged to do everything they can to ensure that the best possible performance is given to undertakings and that the obligations arising from the employment contract and the legal provisions are properly met, in particular in order to maintain labour discipline. They must make sure that no one interferes in any way with the proper functioning of the work and that no one misses the work without an adequate excuse. If this is necessary to fulfil the two-year economic plan, it must be worked over time, after the case at night, under the relevant regulations.

§ 36.

Punishment of wrongdoing against working order.

(1) Infringement or neglect of essential obligations arising for staff members under a contract of employment shall be considered to be an offence against labour law. Where a staff member has committed an offence against the rules of employment, he or she may be reprimanded or reprimanded or fined in accordance with the following provisions:

(a) the warning shall be expressed orally or in writing for less unjustifiable negligence at work or for less unjustified inaccuracy in respect of working time;

(b) a public reprimand shall be expressed in a manner which is customary for the undertaking to declare that the work has been reduced, that the work has been rejected unjustifiably, that the work has not been carried out unjustifiably, that the worker has been absent from work or that he has been incorrectly present at work and that the work has been carried out in accordance with (a) twice;

(c) the fine may be imposed in accordance with the rate of the offence, up to the average daily earnings, if the staff member has been guilty in particularly aggravating circumstances, or if he has been reprimanded for the second time.

(2) The warning shall be issued by the employer. The employer shall make a public reprimand and fine in agreement with the race council of the employees and in the companies where there is no race council of the employees, in agreement with the general body of the Unified Trade Union Organisation (§ 1, paragraph 2 of Decree of the President of the Republic of 24 October 1945, No. 104 Coll., on Racial and Business Councils). The staff member may complain about such a reprimand or imposition of a fine within 8 days at the county labour protection office. If no agreement is reached, it shall decide whether a reprimand or a fine may be imposed, if so, on the basis of a proposal from the employer or the employees' race council after the employee's hearing. There is no appeal against the decision of the County Labour Protection Office.

(3) The fines are deducted from the employer's salary at the earliest payment and handed them over without delay to the race council for the purposes set out in § 22, No 6 of Decree No. 104 / 1945 Coll. In enterprises where there is no employees' council, the fined fines of the family allowance fund set up pursuant to Article 12 of the Act of 13 December 1945, No 154 Coll., on the family allowances of certain persons insured in the event of illness, are surrendered.

(4) If the employee has been punished twice by a fine and has been guilty of another offence against the employment order, the employer is obliged to notify the County Labour Protection Office.

(5) The above provisions shall replace the provisions of employment contracts and work or disciplinary orders, provided that the employer is entitled to impose penalties or fines for the conduct or omission referred to in paragraph 1, with the exception of work and disciplinary orders, approved by the Regional Labour Protection Office.

Část X.

Criminal provisions.

§ 37.

Court sentences.

(1) Any person who persistently and unjustifiably avoids work in a work relationship or on leave of a separate activity, or who reproduces excessive drinking of alcoholic beverages, will be punished by a prison court within 3 months.

Citation	Act No. 87 / 1947 Coll., on certain measures to carry out national labour mobility
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	10.06.1947
Effective from	10.06.1947
Effective until	-
Status	Valid

Act No. 87 / 1947 Coll.

Law on certain measures to implement national labour mobilization

Contents