Act No. 91 / 1949 Coll.
Law on paid leave for recovery in 1949
Valid
Effective from 01.01.1949
91.
Law
of 24 March 1949
on paid leave for recovery in 1949.
The National Assembly of the Czechoslovak Republic decided on the following Act:
This law regulates paid leave for employees to recover (in the next "vacation") in 1949.
Permanent staff leave.
A holiday entitlement and its length.
(1) Staff members whose employment with the same employer or undertaking lasted continuously for at least 9 months (waiting period) shall be entitled in 1949 (next "calendar year only") if they have worked for at least 75 days in that year, a leave of 2 calendar weeks, unless a more favourable adjustment in the length of leave referred to in paragraph 2 or 3 applies.
(2) The leave is extended by one calendar week to staff members
(a) under 18 years of age,
(b) more than 50 years of age, unless they are covered by paragraph 3;
(c) whose employment relationship, after reaching the age of 18, lasts for more than 5 years with the same employer or in the same undertaking, in the same field or group of professions.
(3) The leave is extended by two calendar weeks to staff members whose employment is longer than 15 years with the same employer or undertaking after 18 years of age, in the same field or group of professions.
(4) Until the period applicable to the length of leave referred to in paragraph 2 or 3 shall be counted the period during which the staff member could not be employed because he served in the Czechoslovak or Allied Army and the period during which he could not be employed during the period of non-freedom due to national, racial or political oppression. After hearing the Single Trade Union Organisation, the Government may provide for a further period of time to be included in the period applicable to the extension of the leave referred to in paragraph 2 or 3, even if the employee was not in employment.
(1) In the case of a staff member who entered into employment before the end of the 26th year of age, the waiting period (Paragraph 2 (1)) is reduced to 5 months if the school's visit was successfully completed in 1949.
(2) The termination of employment of less than 6 weeks, with the employer's consent, shall not stop but shall not interrupt the waiting period unless the staff member has been employed by another employer.
(3) Staff members who have transferred to another establishment of the same undertaking in contravention of the business plan of the undertaking shall not be counted against the period applicable to the entitlement to leave or the period applicable to the extension of leave (§ 2) of the duration of the former employment in the same undertaking or with previous employers.
(4) Staff members who have transferred to another undertaking in breach of the single economic plan shall not be counted against the period applicable to the extension of the leave (Paragraph 2) of the duration of the employment of previous employers.
Employees who have worked for at least 9 months in mining and of which at least 3 / 4 of the working hours under the ground before taking leave shall be extended by an additional calendar week, according to the provisions of Section 2.
Where the length of leave depends on the employee's age or duration of his employment, the status shall be determined on 1 May 1949.
Vacation restrictions.
(1) If the staff member has not been able to work in a calendar year for more than 75 working days for an important cause concerning his or her person who has not been intentionally or grossly negligent, in particular for sickness, accident or military service, his or her leave shall be reduced by one twelfth for every 25 missed working days.
(2) For each working day (shift) missed by the staff member without an important cause (paragraph 1), a day is deducted from leave without compensation. The missing working hours, which are shorter than the whole working day, are added together.
(3) The relative part of the leave (Paragraph 10 (3)) granted by another employer to a staff member during the calendar year or for which he has been compensated in cash shall also be deducted from the leave.
(4) In the case of staff obliged to visit a primary vocational school, the absence of teaching at that school has the same consequences as the absence of working time.
(5) The deduction referred to in paragraph 2 shall be carried out by the employer after the hearing of the staff member and after consultation of the race council.
To leave in 1949, participation in special medical care under the provisions of Sections 29, 1 and 2 of the Act of 15 April 1948, No 99 Coll., on national insurance, or in preventive care measures under the provisions of Sections 95, 1, (b) and (e) of the same Act shall be included if the employee is able to work, with the exception of participation in preventive care to prevent occupational disease. Voluntary participation in sports courses, recreation or leisure will also take place in 1949.
A holiday experience.
(1) Staff members shall, during the period of leave, be entitled to all cash benefits, except compensation for expenses as if they were working. In doing so, the average weekly earnings in the six months preceding the holiday are taken as a basis for the calculation of cash benefits for a variable-benefit employee.
(2) During the period of leave, staff members shall also enjoy all the benefits in kind if they can enjoy them. For food and other natural enjoyment except for flat, light and heating, if he cannot enjoy such enjoyment, he is entitled to compensation in cash. The amount of this refund shall be governed by the rules issued for the purposes of national insurance.
(3) The cash benefits and the compensation for the natural benefits attributable to the period of leave are due on normal pay days. However, if the staff member so requests, such benefits must be paid when the leave is entered, but without prejudice to the provisions on withholding the salary tax under pay periods.
Vacation.
(1) The employer shall determine the entry of the holiday, taking into account the single economic plan after consulting the race council. In doing so, it shall take into account both the operational needs and the legitimate requirements of each employee. If possible, next-door leave shall be provided at the same time as the main job. The employer shall, as a general rule, notify the staff member of the date of entry of leave at least 14 days in advance.
(2) Mass racing leave is permissible if, for operational reasons, this is necessary and compatible with the public interest. The Ministry of Social Welfare shall decide whether these conditions are met in agreement with the Ministry responsible and after hearing the Unified Trade Union Organisation. The Ministry of Social Welfare may, in agreement with the relevant ministries and after hearing the Unified Trade Union Organisation, delegate this decision to the Regional or Regional National Committees by means of a decree in the Official Gazette.
(3) Staff members may also be granted leave or part thereof for a calendar year after its expiry if they so request or are unable to use it up because of the urgent need for operation or for any of the reasons referred to in Section 6, paragraph 1. In such cases, the staff member shall take leave in such a way as to end on 31 March 1950 at the latest. If this is not the case, the staff member shall no longer be entitled to leave without prejudice to any claim under Paragraph 12.
The effect of termination of employment on vacation.
(1) If the employment relationship was terminated prematurely by an employee without an important reason or by an employer for an important reason caused by an employee, the employee loses his entitlement to leave.
(2) In other cases of termination of employment before the start of the leave, the staff member shall be entitled to a proportion of the leave. In so doing, the conditions for entitlement to leave must be fulfilled for the staff member (Sections 2 and 3) and the provisions on the limitation of leave apply to him (Sections 6 and 7).
(3) The proportion of leave shall be determined by granting one twelve-month leave for each month of the period of employment in the calendar year.
Farm and forest workers who do not work continuously.
Employees of agricultural and forestry workers who do not work continuously during their employment are entitled to leave under the provisions of this law. However, if they have worked for the same employer in the calendar year or in the same undertaking for less than 150 days, they shall be entitled to a proportion of one twelfth of leave for each 25 days worked. The period applicable to the extension of leave pursuant to Article 2 shall be determined by the sum of the calendar years in which the staff member worked for at least 150 days.
Cash compensation for unspent vacation.
(1) The granting of cash compensation for unused leave shall be inadmissible except in the cases referred to in paragraph 2 or 3.
(2) If the staff member has not been able to use up the leave or part thereof until 31 March 1950 on the grounds referred to in Paragraph 6, paragraph 1, or by an employer's order justified by the urgent need for operation, he shall be entitled to compensation in cash for the leave or for the part of the leave not exhausted.
(3) A cash refund for an unspent leave or part of it is also payable to the staff member if he could not use it to terminate his employment.
(4) The cash compensation for leave is equal to the cash benefits corresponding to the period of leave, except for the reimbursement of the expenses and remuneration for overtime work, and the cash compensation for in kind benefits (§ 8, paragraphs 1 and 2).
(5) A cash refund for leave is not included in the assessment basis under the national insurance rules.
Vacation in certain cases of change in employment, on secondment to urgent work and on participation in temporary work.
(1) Employees with whom employment was untied after 1 January 1947 without their fault under the Regulations on the Economic Employment of Workers, on the Release of Expendable Employees or on the Return of Specially Trained Employees to their Occupation, shall be credited to the period applicable to the entitlement to leave and to the extension of leave (Paragraph 2) in the new employment of all previous employment relationships after the completion of the 18 year of age. The same applies to workers who, after 1 January 1947, have voluntarily transferred from administrative employment to production or employment to other production jobs more important for the fulfilment of the single economic plan, as well as to workers who, after the occupation of employment, have changed in the public interest or on the recommendation of an official doctor.
(2) The staff referred to in paragraph 1 shall be entitled to a proportional share of the leave in respect of their employer, provided that they have been employed in the calendar year with the same employer or in the same undertaking for at least 2 months and have not been on leave in that year. A proportion of the leave is for the staff member, even if he was not entitled to leave under the provisions of § § 1 and § 2.
(3) If the staff member to whom paragraph 1 applies does not have full leave in the current employment year, the new employer shall be entitled to a proportion of the leave after a continuous two-month employment.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the leave of staff assigned to carry out urgent work and to participants in temporary work.
Unstable leave.
(1) Employees admitted to work which, according to their nature, do not last for 9 months, in particular seasonal and campaign work, are entitled to a cash refund of one twelfth of the benefits which they would benefit from during the period of leave provided for in Article 2, if the conditions for entitlement to leave were fulfilled.
(2) The cash compensation referred to in paragraph 1 shall not be included in the assessment basis under the national insurance rules.
Construction workers.
The Government may, by regulation, provide for a derogation in the provision of leave and pay during the period of leave for certain workers in construction and construction related fields.
Homework leave.
(1) Domestic workers shall be entitled, instead of on leave on 31 December or on termination of employment, to cash compensation, namely:
for holidays 2 calendar weeks 4%,
for 3 calendar weeks leave, 6%,
for holidays 4 calendar weeks 8%
the remuneration achieved in the calendar year. Paragraph 2 shall apply mutatis mutandis to determine the length of leave. The compensation is not due if the domestic worker's work is done. At the request of a domestic worker, an advance shall be granted on the cash compensation corresponding to the remuneration achieved.
(2) The remuneration for work referred to in paragraph 1 shall mean gross remuneration without any remuneration for the final issue.
(3) Domestic workers shall be obliged to reimburse domestic workers for the amounts they pay to domestic workers under paragraph 1.
(4) The cash compensation referred to in paragraph 1 shall not be included in the assessment basis under the national insurance rules.
Provisions common, transitional and final.
The provisions of this Staff and Employment Act apply mutatis mutandis to the learning and teaching relationship.
In the case of staff whose employment, after 18 years of age, with the same employer or in the same undertaking in the territory occupied in 1938 is of at least 1 May 1946, shall be reduced to 3 years by the duration of the employment entitlement to leave.
This law does not apply to the adjustment of paid leave to recovered
(a) professional military persons;
(b) members of the National Security Corps; and
(c) teachers in schools of all grades and species and in theological diocesis.
The Social Welfare and Home Affairs Ministers, in agreement with the ministers involved, and after hearing the Unified Trade Union Organisation, provide for derogations from the provisions of this Act for certain groups of workers for whom this is required by the specific nature of the work carried out.
Arrangements contrary to this law or to the rules issued pursuant to it shall be void, even if they have been concluded before the application of this law.
It is hereby repealed if all the provisions on paid leave for recovery are applicable, with the exception of those governing paid leave for the staff referred to in Article 19.
This Law shall take effect on 1 January 1949; It shall be implemented by the Social Welfare and Interior Ministers in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Erban v. r.
Nosek v. r.
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Regulation Information
| Citation | Act No. 91 / 1949 Coll., on paid leave for recovery in 1949 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.04.1949 |
|---|---|
| Effective from | 01.01.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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