Decree No. 93 / 1966 Coll.
Ordinance of the Central Council of Trade Unions on the Releasing of Workers from Employment to Function in the Revolutionary Trade Union Movement
Valid
Effective from 01.01.1967
93
DECLARATION
Central Trade Union Councils
of 18 May 1966
laying down directives on the release of workers from employment to serve in the Revolutionary Trade Union Movement
The mission of the Revolutionary Trade Union Movement is to actively participate in the construction of an advanced socialist society. To achieve this objective, the Revolutionary Trade Union Movement receives the widest possible participation of workers, helping them in political, professional and cultural growth, ensuring ever-better conditions for their work and life.
The responsible and demanding tasks of the Revolutionary Trade Union Movement are carried out and organised by hundreds of thousands of voluntary officials of the elected bodies, their commissions and facilities in the factories, districts, counties and headquarters, mostly alongside their employment and after their working hours. However, the broad organisational and educational work of the trade union organisation, the seriousness of some tasks and the conditions for their implementation require workers to be released from work when necessary from the management of the establishments, offices and institutes to perform their duties in the Revolutionary Trade Union Movement.
Pursuant to Article 124 of the Labour Code No. 65 / 1965 Coll., § 1 of Act No. 37 / 1959 Coll., on the status of the race committees of the basic organizations of the Revolutionary Trade Union Movement, and pursuant to Article 11, 12 and 25 of the Resolution IV of the All-Trade Union Convention on the race committees of the basic organizations of the Revolutionary Trade Union Movement with amendments and additions carried out by the Resolution of the National Trade Union Conference in May 1965, the following Directives for the Release of Workers from Labour at their workplaces of employment for the performance of the Revolutionary Trade Union Movement:
1. Functions in the Revolutionary Trade Union Movement are honorary and are carried out fundamentally outside of working hours.
2. Exceptionally, where the nature, urgency or scope of the tasks arising from the activities of the basic organisation of the Revolutionary Trade Union Movement (hereinafter referred to as the "basic organisation '), the cultural establishment of the Revolutionary Trade Union Movement or a higher trade union body so requires, the function may also be performed in working time. In such a case, the management of the plant shall release the officials from work at its place of work on the basis of a decision or initiative of the relevant trade union body which is binding on the management of the plant.
1. The management of the race will release the worker from working in his workplace to perform his duties in the Revolutionary Trade Union Movement:
(a) in the short term, on a case-by-case basis, for the period strictly necessary by decision of the race committee of the basic organisation or local committee of the Revolutionary Trade Union Movement, or, where applicable, of the racing confidant (hereinafter referred to as the "race committee") or at the invitation or delegation of the higher trade union body;
(b) long-term, full-time or pre-determined working days per week, or part thereof, in all or part of such cases, on the basis of a resolution of the member meeting or conference of the basic organisation.
The resolution of the member meeting or conference on the vacancy of an official is confirmed by the Regional Trade Union Council.
2. If the need for the performance of the tasks of the basic organisation in the field of administrative technical activity so requires, the management of the plant shall release the necessary personnel in the short or long term as decided by the race committee.
3. The Racing Committee itself does not employ any of its own workers and all loose officials and workers remain in employment in the race. The management of the establishment shall comply with all obligations arising from the labour law, sickness insurance, pension insurance, payroll tax, etc., if they are not complied with by the trade union body under other provisions.
Conditions for the release of trade union officials
1. When deciding on the release of officials from work at their workplace, trade unions are required to examine the real need and effectiveness of the release in terms of the urgency of the tasks, the scale and complexity of the trade union activity of the basic organisation, the organisational structure of the plant and take account of the highest economy with trade union and business resources. Any deficits in the budget of the basic organisation which have incurred the cost of paying the salaries of long-term vacant officials shall not be reimbursed by the senior trade unions.
2. In doing so, the trade unions are based on the principle that the basis for developing and organising trade union activities is voluntary work on the assets of officials.
3. The basic organisation's functionalists may be released for long-term duration for the entire working hours under the following additional conditions:
(a) in basic organisations where the number of all members of the Revolutionary Trade Union Movement exceeds 800, one official may be released. Where there is no need to release officials in such a basic organisation for all working hours, they may be released only for some, predetermined all or part of the working days of the week, in both cases, for the whole or part of the term of office;
(b) in basic organisations between 2501 and 4500 members, a total of two officials may be released;
in basic organisations with a number of between 4501 and 6500 members, a total of three officials may be released;
in basic organisations with a number of between 6501 and 8500 members, a total of 4 officials may be released;
in basic organisations with a number of between 8501 and 10 500 members, a total of 5 functionalists may be released and for each subsequent 2000 members one additional functionalist, but no more than 9 functionalists may be released;
(c) in production and locally closed enterprises which are not subdivided into other plants and where the company committee of the Revolutionary Trade Union Movement is established with the rights of the racing committee, officials shall be released to the extent specified under (b);
(d) in undertakings whose plants are dispersed in the territory of one or more regions and where for a small number of members of the ROH in each race there is no vacancy of an official of the race committee, the Central Council of Trade Unions may, on a proposal from the Central Committee of the Trade Union, authorise the vacancy of an official of less than 800 members, while carrying out work related to the activities of the business committee of the Revolutionary Trade Union Movement;
(e) in a basic organisation which has extremely difficult conditions for territorial organisational fragmentation for trade union work, an official may be released even if there are fewer than 800 members on the basis of a joint decision by the Central Committee of the Trade Union Union and the Regional Trade Council, in accordance with the principles established by the resolution of the Central Council of Trade Unions;
(f) in state offices, government establishments and schools, officials are not permanently released. Exemptions may be authorised by joint decision by the Central Trade Union Committee and the Regional Trade Council.
4. The long-term release of basic organisations and cultural facilities of the Revolutionary Trade Union Movement shall perform a trade union function in a plant or establishment and shall, as appropriate, carry out the tasks assigned to them by a higher trade union body. In the event of such delegation, these officials shall be paid by the higher trade union, fare, bed and diets associated with the performance of the task to which they have been entrusted, in accordance with the rules on the provision of reimbursement of travel, removal and other expenses. *) The mutual refund of compensation for the duration of such delegation shall not be made between trade unions.
5. In multi-shift races where more than one member of the basic organisation is a loose official, the officials also perform their functions by shift.
6. When a vacated official returns to work after the performance of his duties, the plant is obliged to include him in his original work and workplace. If this is not possible because this work has fallen out or the workplace has been abolished, the plant must include a worker in another work corresponding to the employment contract or at least its qualifications. Such inclusion requires the prior approval of the racing committee.
Conditions for the long-term release of workers for administrative technical work
1. Where the scope of the activity of the basic organisation so requires, the administrative technical work of the plant manager may be made available in the long term either for predetermined working days of the week or for all working hours.
2. The long-term release for part of the working time, i.e. predetermined days of the week, can only occur in basic organisations where there are more than 800 members of the Revolutionary Trade Union Movement. For the whole of the working period, one administrative worker shall be free to race in basic organisations with more than 1500 members. In basic organisations where the number of members exceeds 1500, the plant for the performance of administrative technical work will release additional workers so that a single administrative worker will be assigned to four vacancies.
Reimbursement of wages for short-term release
1. Workers who have been released in the short term to carry out tasks arising from their trade-union function in the basic organisation, to participate in meetings of assets held and outside the plant, at conferences and slopes, or to perform certain administrative technical work, provide compensation for wages equal to the average earnings to be collected according to the provisions of § 275 of the Labour Code and § 30 to 33 of Decree-Law No 66 / 1965 Coll. Release for a continuous period of more than one month shall be considered as long-term release.
(2) The trade union on whose initiative the worker has been released for a short period shall pay the compensation paid to that worker by the management of the establishment, including the relevant amount of sickness insurance. The obligation to pay shall be waived where specific rules so provide, or where the worker made redundant himself or his co-workers replace the work missed without increasing the personnel costs; in the case of basic organisation officials, the obligation to pay also falls out when it is an activity directly linked to the tasks of the plant.
Remuneration for long-term release
1. The long-term vacancies of the basic organisation shall be remunerated for the duration of the release, consisting of compensation for wages and share of the economic results of the establishment.
The remuneration shall be paid at the rate of their average earnings, which shall be collected according to the provisions of Section 275 of the Labour Code and Sections 30 to 33 of Decree-Law No 66 / 1965 Coll. However, interest already paid on economic results shall not be included in the relevant basis for calculating the average earnings.
The share of the economic results of the plant shall be paid by the basic organisation to the vacated official in accordance with the principles applicable to the staff of the plant, at an amount corresponding to its initial employment classification.
The share paid shall be included in the calculation of the average earnings in cases where the basic organisation provides compensation to the official during the period of leave, job obstacles or sickness insurance benefits.
If an official has worked before his release from another establishment, or if it is not possible for other reasons to determine the amount of the share of the economic results, the race committee shall determine it in agreement with the Central Committee of the Trade Union.
The remuneration shall be paid up to a maximum of CZK 2.800 per month. However, this amount does not include a share of the economic results.
The vacated officials shall perform their duties even outside the specified weekly working hours without further remuneration requirements.
Exemptions from these provisions may be authorised by the Central Council of Trade Unions on a proposal from the Central Committee responsible.
2. If, during the term of office, a new pay system has been set up in a plant or another substantial change in remuneration, the amount of the compensation shall be determined in such a way as to correspond to the average earnings achieved by the same qualified staff at the former post of a long-term vacant post since the new pay system became in force or any other substantial change in remuneration.
3. If a long-term vacancy has been re-elected and released for the performance of his duties, the average earnings achieved by the same qualified staff at his former place of work shall be taken as a basis for calculating the remuneration.
4. In the case of long-term release only for certain days of the week, a proportion of the remuneration determined in accordance with the principles set out above shall be granted to the relieved official.
5. If the vacated official has been entitled to severance and similar compensation before his release from the plant, he shall also be provided by the racing committee for the duration of the release provided that the conditions for their payment remain. The race committee shall also provide the vacated official with a remuneration in the occupation of military service if it occurs at the time of its release, in accordance with the rules applicable to compensation for workers.
6. Workers who have long been released for the administrative technical work of the basic organisation shall determine the level of remuneration of the race committee in such a way as to correspond to the wage set for such work by the wage rules applicable to the plant.
Payment of remuneration for long-term release
The reward for long-term vacancies in the basic organisation and in the cultural and recreational plant shall be provided by the race committee.
The same applies to the remuneration of long-term workers made redundant for administrative technical work.
The payment shall be made by the establishment from the funds of the basic organisation on payment dates in the usual establishment. The management of the establishment shall account for the payroll tax with the National Committee Financial Department; the relevant amounts of sickness insurance and, where applicable, the benefits of such insurance shall be settled with the relevant sickness insurance management.
Mobilisation of workers for the activities of cultural and recreational facilities and for pioneering camps of the Revolutionary Trade Union Movement
1. For the activities of the cultural facilities of the Revolutionary Trade Union Movement, the relevant officials and staff may be released for some functions in the long or short term. If the plant does not have qualified staff in its state to perform the relevant function or work in a cultural establishment, it shall conclude an employment relationship with the appropriate worker, as proposed by the racing committee. The release and remuneration of workers for each type of cultural establishment shall be governed by specific rules. *)
2. Exceptionally, workers for recreational racing facilities and pioneering camps of the Revolutionary Trade Union Movement can be released under this decree. The number of staff made available to perform their duties in such establishments and the duration of their release shall be determined by a resolution of the member meeting or conference of the basic organisation.
3. Workers made redundant in accordance with paragraph 2 and workers made redundant in the short term for the performance of a function in a cultural establishment shall be reimbursed in accordance with Article V.
The race committees shall reimburse the management of the plant for compensation for the wages paid by the plant, including the payroll tax and the relevant amount of sickness insurance. The obligation to pay this remuneration shall be waived when the vacated official himself or his co-workers replace the missed work without increasing the personnel costs. For other personnel designated by the plant management to ensure the operation of these facilities, such as the administrator, the guard, etc., the plants are governed by the Order of the Ministry of Finance and the Central Council of Trade Unions No. 121 / 1965 Coll. The Order of the Central Council of Trade Unions and the Ministry of Finance No. 122 / 1960 Coll.
Final provisions
1. The Order of the Central Council of Trade Unions No. 113 / 1961 Coll., which publishes directives on the release of workers from employment to serve in the Revolutionary Trade Union Movement, is hereby repealed.
2. This decree shall take effect on 1 January 1967.
Chairman:
Pasty
*) Decree of the Ministry of Finance No. 100 / 1964 Coll., on Reimbursement of Travel, Moving and Other Expenditure.
*) Principles for adjusting the working and pay conditions of the workers of cultural establishments of the Revolutionary Trade Union Movement (with annexes), approved by the Bureau of the Central Council of Trade Unions on 15 September 1965 and published in the Information Bulletin of the ÚRO No 8 / 1965.
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Regulation Information
| Citation | Decree of the Central Council of Trade Unions No. 93 / 1966 Coll., which publishes directives on the release of workers from employment to serve in the Revolutionary Trade Union Movement |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.12.1966 |
|---|---|
| Effective from | 01.01.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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