Decree No. 88 / 1945 Coll.
Decret of the President of the Republic on General Labour Obligations
Valid
Effective from 17.10.1945
88.
Decret of the President of the Republic
of 1 October 1945
on a general duty.
On the proposal of the Government and in agreement with the Slovak National Council, I establish:
Restrictions on the negotiation and untying of the working (teaching) ratio.
(1) The employment (teaching) relationship may be negotiated or untied with legal effect - except in the cases referred to in paragraphs 2 to 4 - only after the prior agreement of the relevant county labour protection office. If the employment (teaching) ratio has been facilitated by the Regional Labour Protection Office, it shall be deemed to have been given permission to enter the employment.
(2) There is no need for the agreement to negotiate the employment relationship referred to in paragraph 1 if it is necessary to accept:
(a) staff members whose employment is normally negotiated for less than 7 calendar days consecutive;
(b) auxiliary workers employed in urgent agricultural or forestry work, not for more than 4 weeks continuously;
(c) persons who are only admitted to remove an emergency (e.g. the consequences of a natural disaster).
(3) There is no need for the consent to release the contract referred to in paragraph 1:
(a) if the two parties agree to be dismissed,
(b) if a person is admitted for an examination or assistance and if such employment is cancelled within a month;
(c) staff recruited for seasonal or campaign work after the completion of such work;
(d) in agricultural (forestry) plant for labour not employed in agriculture (forestry) but only temporarily in urgent work;
(e) the working conditions referred to in paragraph 2.
(4) The Minister for Labour and Social Welfare may, after hearing the ministers concerned, by decree in the Official Gazette state that certain types of employment may be negotiated or untied without the consent of the Regional Labour Protection Office. This measure may be taken either generally for certain districts or for economic sectors, groups of professions or individual establishments.
Consent to the recruitment of a staff member (apprenticeship) or to the untying of the employment (teaching) ratio shall be given by the district labour protection office in whose district the place of work is situated. If the staff member is resident (resident) in the district of another county labour protection office, he shall request - if he is in agreement with the employment (school) ratio - the county labour protection office responsible for giving his consent, the expression of that county labour protection office.
(1) When deciding on proposals to grant consent to the negotiation or untying of the work (teaching) ratio, the Regional Labour Protection Office shall take into account:
(a) social and vocational training of the staff member;
(b) labour market needs;
(c) the importance of the tasks of the participating establishments and sectors;
(d) the performance of the establishments concerned.
(2) The Ministry of Labour and Social Welfare may issue directives and specify the conditions for granting consent.
(3) The granting of consent to the division of the working (teaching) ratio does not concern private-law claims arising therefrom. If, in accordance with the applicable rules, the employment (teaching) ratio can be abolished without complying with the notice period and if the competent court has not yet decided on this, the county labour protection office shall be entitled to decide on this question provisionally when giving its consent. If the case is later decided by the competent court and the decision of the District Office of Labour Protection is contrary to the judgment of the Court, the District Office of Labour shall re-examine the case, being bound by the final judgment.
A staff member whose employment (teaching) ratio has been untied shall be required to report this without delay to the District Office of Labour Protection (branch) responsible for his previous residence or place of work.
Paragraph 13 to 16 applies only to employment (teaching) relationships based on a private contract.
General and final provisions.
The Minister for Labour and Social Welfare may, by means of an order in the Official Gazette, state that persons subject to the obligation of employment provided for in Section 1 are required - if they do not work - to register with the Regional Office of Labour Protection (branch), responsible for their residence (place of residence).
No compensation shall be granted for the damage suffered by the employer from the decision of the District Labour Protection Office under Part I and Part II of this Decree.
A call for personal action under the applicable rules can only take place in agreement with the relevant Regional Labour Protection Office (branch). If there is a danger of delay, such consent may be requested retrospectively.
The provisions of Part I of this Decree shall apply to nationals of foreign States, provided that they are also subject to similar measures.
Public authorities, courts, social insurance holders, as well as legal and physical persons, are required to cooperate in the implementation of this decree to apply to the employment authorities.
(1) The deliberations and omissions of the rules of this decree or of the regulations issued for the implementation of it shall be punishable by a fine of order up to 10 000 K or by the county national committees, on the proposal of those authorities, by administrative penalties, by a fine of up to 100 000 K or by imprisonment up to one year or both.
(2) If an administrative penalty has been imposed in cash, either a replacement prison sentence is imposed in the event of its imperfections, according to the degree of guilt within the limits of the rate of free sentence to an act laid down.
The Minister for Labour and Social Welfare is hereby authorised to issue, in an agreement with the Minister for Finance, provisions on the granting of aid to compensate for damage to persons assigned to the work.
(1) The scope of the Regional Labour Protection Office under this Decree is exercised in Slovakia by the "Labour Offices."
(2) The powers conferred by this decree on ministers shall be exercised in Slovakia in agreement with the Slovak National Council.
The effective date of this decree shall cease to be the date of application of any legislation relating to the matters covered by this decree.
This Decision shall take effect on the day of its publication; It will be implemented by the Minister for Labour and Social Welfare in agreement with the participating ministers and the Slovak National Council.
Dr Beneš v. r.
Fierlinger v. r.
Dr Šoltész v. r. o.
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Regulation Information
| Citation | Decree No. 88 / 1945 Coll., on General Labour Obligations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.10.1945 |
|---|---|
| Effective from | 17.10.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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