Government Decree No. 92 / 1958 Coll.
Regulation implementing Act No. 70 / 1958 Coll., on the Tasks of Enterprises and National Committees on Labour Care
Valid
Effective from 30.12.1958
92
Government Regulation
of 22 December 1958
implementing Act No. 70 / 1958 Coll., on the tasks of enterprises and national committees in the labour force care sector
The Government of the Czechoslovak Republic orders pursuant to § 13 of Act No. 70 / 1958 Coll., on the tasks of enterprises and national committees in the field of labour care:
Basic tasks of national committees and undertakings
National committees and their executive bodies shall ensure that all citizens are guaranteed the right to work and that the need for workers in the national economy is ensured in order of urgency. To this end, in particular:
(a) provide employment for citizens applying for it;
(b) ensure that the recruitment and employment of workers is consistent with the needs of the business plans;
(c) take care of the use of the employment initiative of the population, in particular of young people, women and persons with altered working capacity;
(d) acquire workers for work in areas with insufficient labour.
Undertakings (plants) and other organisations (hereinafter referred to as "undertakings') are responsible for obtaining and maintaining the necessary number of workers to secure economic plans. In order to fulfil these tasks, undertakings shall in particular:
(a) to employ workers economically in accordance with the requirement of increasing labour productivity as much as possible;
(b) to ensure the need for workers, in particular by obtaining and educating them in the course of their studies and, where appropriate, by preparing them for a professional occupation;
(c) to create conditions for increasing women's employment;
(d) to provide suitable workplaces for persons with altered working capacity;
(e) to ensure the stability of working conditions by improving workers' working and living conditions;
(f) to take care of the continuous increase in staff qualifications.
Ensuring employment for citizens
(1) Undertakings are required to report the vacancies of the Labour, Health and Social Security Department of the Council of the District National Committee (hereinafter the "Council of the District National Committee '), in whose district they are the workplaces. In doing so, they shall indicate the requirements laid down for the holding of such posts, working and wage conditions and, where appropriate, information on social and other facilities for the employees of the undertaking.
(2) The Department of Labour and Social Security of the Council of the Regional National Committee (hereinafter referred to as the "Council of the Regional National Committee") sets out the arrangements and deadlines for the reporting of vacancies.
(1) The departments of the Councils of the District National Committees offer vacancies to workers who apply for employment and reside in their district. These candidates are given the necessary information by the Councils of the Regional National Committees on vacancies, advise them on their choice of employment according to their personal assumptions and interests, and gain them by convincing them to work (teaching) places according to economic importance.
(2) The departments of the Councils of the Regional National Committees recommend the admission of jobseekers to vacancies (teaching) of places for which applicants are interested and may hold them.
(3) If there is no vacancy (teaching) at the Council of the District National Committee, the Department shall discuss its placement with the undertaking in which it is possible to secure such a post, or arrange for it to be employed in another district by agreement with the Council of the District National Committee.
(4) The departments of the Councils of the District National Committees normally show the importance of job seekers and the results of their advisory activities and monitor the occupancy of vacancies in enterprises. The departments of the Councils of the Regional National Committees systematically monitor the arrangements of the Divisions of the Councils of the Regional National Committees to ensure employment for jobseekers.
(1) An undertaking may refuse to negotiate an employment relationship with a worker recommended by the Council of the District National Committee (§ 4 (2)) only if:
(a) the worker is not physically and mentally fit for the work for which he is to be recruited; the medical advisory board or, if necessary, the social security assessment committee shall establish such competence;
(b) the worker is not qualified or does not fulfil the other conditions required by the nature of the place of work;
(c) the recruitment of a worker would be contrary to the general rules governing the establishment of the employment (teaching) ratio.
(2) The undertaking shall state the reasons for which it refused to negotiate the working (teaching) ratio referred to in paragraph 1 of the Council of the District National Committee. If this section does not agree with the reasons for refusal, it shall decide on the undertaking's obligation to hire a worker.
Recruitment
Recruitment by undertakings
(1) Undertakings in need of workers are obliged to request prior approval of the Council of the District National Committee and justify the request. Recruitment shall mean any activity of an undertaking which is directed towards recruitment.
(2) The Regional National Committee's Board of Directors shall establish the arrangements and dates for the submission of applications by undertakings for approval of recruitment. In doing so, it ensures that the applications of undertakings are effectively linked to the reporting of vacancies (§ 3). In cases of urgent need, undertakings may apply for approval of recruitment beyond the specified deadlines. The Department of the Regional National Committee Board shall also determine how undertakings shall report vacancies by recruitment.
(3) If the local situation does not require labour or the nature of the work giving consent to recruitment, the Council of the Regional National Committee shall state that there is no need for consent. It may provide for this in general or for certain undertakings or for certain categories of workers.
(1) The Department of the Council of the District National Committee, in whose district there is a place of work to be filled, shall be responsible for deciding on the consent under Paragraph 6 (1). If there is a need for recruitment also in other counties, the department shall decide, in agreement with the departments of the councils of the national councils in whose districts the recruitment is to be carried out.
(2) The Department of the Council of the District National Committee shall, in particular, take into account when deciding on the agreement to recruit staff:
(a) the tasks of the undertaking for which the recruitment is to be carried out and the importance of their implementation for the development of the national economy, as well as the use of workers on the holding;
(b) the local labour situation;
(c) the tasks of the recruitment plans (Section 10).
In the decision to consent to recruitment, the Department of the Council of the District National Committee shall indicate the extent of the recruitment authorised and the period for which the consent is given; define, where appropriate, the range of persons between whom recruitment may be carried out, the areas where recruitment may be carried out and the forms of recruitment. It may also decide not to authorise the undertaking to recruit and to recommend to it workers in accordance with the provisions of Paragraph 4 (2).
The approval of the Council of the District National Committee in accordance with the provisions of § 13 (1) of Decree No. 88 / 1945 Coll.
Recruitment by the departments of the Regional National Committees
(1) The departments of the Regional National Committees shall recruit staff according to:
(a) the recruitment plans established by the Government or the authority empowered by it to do so to ensure the need of the labour force for the labour-deficient areas and the breakdown of such plans by the State Office of Planning and Councils of the Regional National Committees;
(b) the recruitment plans established by the Councils of the Regional National Councils of the Councils of the Councils of the Councils of the Regional National Committees of the Councils of the Councils of the Councils of the Councils of the Councils of the Counties of the Councils of the Counties of the Councils of the Councils of the Counties of the Councils of the Counties of the Counties of the Councils of the Counties of the Councils of the Counties of the Counties of the Councils of the Councils of the Councils of the Councils of the Councils of the Councils of the Councils of the Counties of the Counties.
(2) The Council of the Regional National Committees sets out a staff recruitment plan (paragraph 1 (b)) to cover the needs of the labour force in the most important enterprises in the region, in particular mining and construction enterprises, where recruitment is necessary in other counties of the region and the enterprise cannot acquire workers for serious reasons by recruiting its own personnel.
(3) The departments of the Councils of the Regional National Committees shall discuss with the undertakings for which recruitment is to be carried out under the provisions of paragraph 1, the detailed conditions of recruitment, in particular the scope of the powers of the departments of the Regional National Committees to conclude contracts on behalf of undertakings (§ 15), the time of recruitment, transport, admission by undertaking and the working and living conditions which the undertaking provides. The terms and conditions discussed are binding on the departments of the Regional National Committees and on businesses.
The departments of the Councils of the District National Committees shall inform the entire population of the recruitment and working and living conditions at the sites of the firms for which the recruitment is carried out and shall obtain workers by persuasion for employment in those enterprises.
(1) The Councils of the District National Committees shall designate the undertakings between whose staff the recruitment of staff will be carried out and the scope of such recruitment; such undertakings shall include, in particular, those in which there are surplus workers and undertakings which can achieve labour savings better by using them or replace workers by recruiting from the local population. The designation of undertakings and the extent of recruitment must be discussed in advance with the undertakings concerned.
(2) The Councils of the Regional National Committees shall exercise the powers set out in paragraph 1 as regards recruitment of staff in undertakings with a large number of employees and in undertakings with regional organisational breakdown, in this case after consultation with the relevant regional authorities of those undertakings.
Undertakings whose staff will be recruited (Section 12) are obliged to:
(a) cooperate with the Councils of the District National Committees in recruiting staff, in particular inform workers of the importance and conditions of recruitment and convince them of the importance of their transition to new workplaces;
(b) release the staff recruited from employment.
Undertakings for which the departments of the councils of the national councils recruit shall:
(a) to ensure appropriate publicity for recruitment with specific information on working and living conditions for the workers recruited;
(b) to participate, as appropriate, in the recruitment of their staff;
(c) maintain contact with the departments of the councils of the national councils which recruit them and with the undertakings between whose employees the recruitment takes place and cooperate in the recruitment process;
(d) to ensure in advance suitable accommodation and catering and cultural and sports life for employees obtained;
(e) to ensure that workers are properly recruited and trained and to fulfil the other conditions discussed with the departments of the Councils of the Regional National Committees (Section 10 (3)), as well as those resulting from employment contracts.
(1) The departments of the Councils of the Regional National Committees are empowered to conclude written contracts with the employees on behalf of undertakings within the limits of the general rules governing employment conditions and the conditions discussed (Paragraph 10 (3)), provided that:
(a) this is not about recruiting top-level workers;
(b) the Department of the Council of the Regional National Committee does not provide for an exemption for recruitment carried out under the provisions of Paragraph 10 (1) (b).
(2) Contracts shall, as a general rule, be concluded for an unlimited period, not for seasonal or campaign work. For a certain period of time, but for at least one year, the departments of the councils of the national councils may conclude a contract of employment if the entry into employment of the worker is linked to his separation from the family and the worker cannot be guaranteed family accommodation.
(1) The departments of the Councils of the Regional National Committees are required to acquire and acquaint the staff in a specified number and to comply with the detailed recruitment conditions discussed (§ 10 (3)).
(2) The undertaking is not bound by a contract of employment concluded by the Council of the District National Committee, if this section exceeded the limits of the authorisation (§ 15 (1)). If, for these reasons, the undertaking refuses to accept a worker for employment, the worker shall be entitled to compensation, in respect of the section of the Council of the District National Committee responsible for the head office of that undertaking, for the time spent and the unpaid stay at the registered office of that undertaking. The Department of the Council of the District National Committee responsible for the worker's residence shall, upon request, provide the worker with a job immediately.
(3) A worker shall not be entitled to the compensation provided for in paragraph 2 if he has been responsible for concluding an employment contract for an undertaking which is not bound by incorrect information on the facts relevant to the conclusion of the contract or by concealing such facts. The staff member must be informed of these consequences before the conclusion of the employment contract by the Council of the District National Committee.
(1) The State Planning Office may, on a proposal from the Council of the Regional National Committee, abolish or restrict the recruitment of personnel carried out in accordance with the provisions of Paragraph 10 (1) (a) if the undertaking has not provided suitable accommodation for workers and other working and living conditions.
(2) The Department of the Council of the Regional National Committee shall exercise the powers provided for in paragraph 1 in respect of recruitment carried out under Paragraph 10 (1) (b).
In agreement with the State Office of Planning, the Ministry of Finance and the Trade Union Organisation, the competent central authorities shall lay down detailed arrangements for the staff recruited, in particular the conditions and scope of the allowances and allowances granted and family housing; lay down also the models of employment contracts to be concluded with workers and indicate the mutual rights and obligations of undertakings and workers and the necessary instruction of the worker on matters relating to the conclusion of the contract.
The cost of recruitment goes to the enterprises for which the departments of the Regional National Committees are recruiting. Exemptions may be provided for by the Ministry of Finance in agreement with the State Planning Office.
Ensuring further employment growth
Increasing women's employment
(1) After consultation with the participating undertakings, the Council of the Regional National Committees sets out plans to increase the employment of women. These plans shall specify the number of women and, where appropriate, the proportion of women in total employment that individual undertakings must achieve at the end of the year.
(2) In establishing the plans referred to in paragraph 1, the Councils of the District National Committees shall take account in particular of the local situation in the labour force, the development of the employment of women in enterprises, the planned increase in the number of workers and the nature of the work.
(3) The Councils of the Regional National Committees shall exercise the powers laid down in paragraph 1 in respect of undertakings with a large number of workers and undertakings with regional organisational breakdown, in this case after consultation with the relevant regional authorities of those undertakings.
Jobs plans for persons with altered working capacity
(1) The Council of the Regional National Committees, after consulting the participating undertakings, sets out the establishment plans for persons with altered working capacity. These plans shall specify the number of seats per undertaking for which undertakings must accept candidates from among persons with altered working capacity.
(2) Paragraph 20 (2) and (3) shall apply mutatis mutandis to the establishment of establishment plans for persons with altered working capacity.
Ensuring the stability of working conditions
Undertakings are obliged to take all appropriate measures to achieve the stability of employment. To this end, they must, in particular, continuously improve the culture of work, health and safety at work, create the best living conditions for workers, support their initiative, pay attention to and deal with the needs and difficulties of workers, and carefully fulfil all obligations arising from employment.
National committees and their executive bodies shall carry out their tasks on the economic, cultural and social construction sector, in particular in the care of workers' homes and in the care of their health, supply and catering, in order to help to the greatest extent to achieve the stability of their working conditions.
Supervision of employment of workers
(1) The departments of the Regional National Committees shall supervise the employment of workers. In particular:
(a) check that workers are effectively employed in enterprises in accordance with the needs of the national economic development plan;
(b) identify labour reserves in enterprises;
(c) check that undertakings comply with women's employment plans and employment plans for persons with altered skills (Sections 20 and 21);
(d) check that undertakings comply with the rules on employment of workers and fulfil the requirements of socialist workers care and thus create conditions for the stability of employment;
(e) check that undertakings comply with the scope and conditions laid down in the decision to consent to recruitment (§ 6 to 9).
In the undertakings for which the recruitment of workers by the departments of the Regional National Committees is carried out, they shall also check whether the number of workers to be recruited corresponds to the actual need for labour and whether the undertaking fulfils the obligations laid down in Section 14.
(2) Undertakings shall submit to the departments of the Regional National Committees, upon request, supporting documents relating to the employment of workers needed to exercise supervision in accordance with paragraph 1.
(1) The departments of the Regional National Committees, within the scope of the supervisory activities provided for in Section 24, impose appropriate and proportionate measures on undertakings to address the shortcomings caused by the breach of the employment regulations.
(2) In matters falling within the competence of other bodies (e.g. occupational safety, occupational health care), the departments of the Councils of the District National Committees draw the attention of the competent authorities to the defects identified.
The Divisions of the Councils of the Regional National Committees assist the Divisions of the Regional National Committees in overseeing the employment of workers. In particular, they shall monitor whether the basic conditions for securing the national economic development plan are being established by the labour force and, in cooperation with the departments of the councils of the District National Committees, carry out checks on the section of the work plan in the most important enterprises.
Provisions common and final
Cooperation with trade union bodies
Undertakings and national committees and their executive bodies shall cooperate with the trade union authorities on all matters covered by this Regulation in order to achieve the best possible consistency between the interests and needs of workers and the needs of the national economy.
This Regulation shall enter into force on the day of its publication; All members of the government will do it.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
Bakuľa v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Machachová v. r.
Dr. Unedible v. r.
Polack v. r.
Tesla v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Dr Skoda v. r.
Ing. Black v. r.
Dvořák v. r.
Dr Kahuda v. r.
Colonel General Lomský v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Dr. Vlasák v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 92 / 1958 Coll., implementing Act No. 70 / 1958 Coll., on the Tasks of Enterprises and National Committees on Labour Care |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1958 |
|---|---|
| Effective from | 30.12.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0