Decree No. 93 / 1972 Coll.
Ordinance of the Central Council of Trade Unions on conciliation proceedings in disputes over fees granted in connection with inventions, improvements and industrial designs
Valid
Effective from 01.01.1973
93
DECLARATION
Central Trade Union Councils
of 8 November 1972
on conciliation proceedings in disputes over remuneration provided in connection with inventions, improvement proposals and industrial designs
The Central Council of Trade Unions pursuant to Section 156 of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and designs, provides in an agreement with the Office for Inventions and Discoveries:
Purpose of conciliation
In order to settle the dispute over the remuneration provided in connection with inventions, improvement proposals and industrial models, trade unions shall conduct conciliation between citizens and socialist organisations (hereinafter referred to as "organisations').
Disputes under conciliation
The conciliation procedure shall be carried out in the disputes referred to in Section 1 of this Order concerning:
(a) entitlement to remuneration for the use of inventions, improvements or industrial designs;
(b) the manner in which this remuneration is determined, its amount and its maturity;
(c) remuneration for participation in the elaboration, testing or introduction of an invention, improvement or industrial design, and remuneration for warning of the possibility of making use of the invention or improvement;
(d) substitutes for drawings, models and prototypes.
Conciliation bodies
(1) The conciliation procedure is carried out by the basic organisation ROH of the organisation responsible for determining and paying the remuneration provided in connection with the invention, improvement or industrial design.
(2) The Racing Committee may entrust the implementation of conciliation to its Committee on Inventors' and Improving Movement; However, that committee shall have at least seven members.
Initiation of conciliation
(1) The conciliation procedure shall be initiated on a proposal from a citizen claiming entitlement referred to in Article 2 of this Order or on a proposal from an organisation. An application for conciliation shall be lodged with the Conciliation Body.
(2) The application may be made in writing or orally in a protocol drawn up by the designated member of the Conciliation Body or by the member of the Organisation responsible for that Conciliation Body with the agreement of the Organisation.
(3) The proposal must state who is submitting it, what it is applying and against whom it is directed. In doing so, it is appropriate to indicate in the proposal and the facts relevant to its assessment and how they can be demonstrated. A copy of the application to initiate the conciliation procedure shall be sent by the authorised member of the conciliation body to the other party.
(4) A Participant may withdraw the proposal until the Conciliation Body has approved the Conciliation.
Conciliation
(1) The Conciliation Body shall be convened by its President and, where appropriate, by a member of the Conciliation Body (hereinafter referred to as the "Chair of the Conciliation Body"), so that the conciliation procedure ends no later than 30 days after its opening. The two parties shall also be invited to the hearing.
(2) The chair of the Conciliation Body shall determine the place and time which shall also govern the negotiations. The period of the hearing should be such that it does not, as far as possible, interfere with working time.
(3) The Conciliation Body may act if an absolute majority of its members are present. The resolution in force shall require an absolute majority of the members of the Conciliation Body present.
(4) A member shall be excluded from participation in the deliberations of the Conciliation Body if, taking into account his / her relationship with the case or with the parties concerned, he / she may have doubts as to his / her bias. The Conciliation Body shall decide whether a member of the Conciliation Body is excluded; the member whose exclusion is concerned shall not take part in the vote.
(5) The Conciliation Body may negotiate the conclusion and approval of the Conciliation if both participants or their representatives are present. If the appellant fails to arrive without an apology, he shall be deemed to have withdrawn his proposal. If the defendant fails to come to the hearing without an apology, he shall be deemed to refuse to discuss reconciliation.
(6) The parties shall, upon request of the Conciliation Body, submit the necessary documents relating to the present case.
Peace
(1) When concluding a conciliation agreement, the Conciliation Body shall ensure that participants do not suffer loss of ignorance of the law. The President of the Conciliation Body shall read the text of the proposed conciliation and explain its scope to the participants before submitting the minutes for their signature.
(2) If the Participants to the Conciliation conclude, the Conciliation Body shall decide by order whether to approve it. They shall not approve peace if it is contrary to law.
(3) Where cash performance has been agreed in the conciliation, the exact amount and time limit by which it is to be paid should be indicated.
(4) The Conciliation Body shall, after approval of the Conciliation, forward to the parties a copy of the minutes of the hearing, or, where appropriate, the part thereof, in which the Conciliation is indicated.
(5) If the obligation assumed by the approved conciliation has not been fulfilled within the prescribed period, the Conciliation Body shall, at the request of the tenderer, confirm the enforceability of the approved conciliation.
Minutes
(1) Minutes of the deliberations of the Conciliation Body must be drawn up indicating in particular:
(a) the designation of the Conciliation Body, the names and surnames of its members;
(b) the place, time and subject matter of the hearing;
(c) the names of the parties to the dispute and their representatives;
(d) a brief description of the conduct of the proceedings and the content of the statements of the parties and other persons heard;
(e) the full text of the settled settlement with the order for its approval;
(f) a record of the termination of the conciliation procedure, stating briefly why the termination took place;
(g) a record of the referral to the court.
(2) The minutes shall be signed by the President of the Conciliation Body and by the Registrar; Where a settlement has been concluded, the parties shall also sign the minutes.
Termination of conciliation
(1) If the conciliation procedure fails to conclude and approve the conciliation procedure and the conciliation body does not order further negotiations, the conciliation procedure shall end on the day on which the negotiations took place.
(2) If the opposing party refuses to act at any time after the initiation of the conciliation procedure and before the approval of the conciliation procedure, the conciliation procedure shall end on the date on which the rejection took place. A refusal of action by the defendant shall also be deemed to be a refusal if the defendant does not appear to the appeasement, even if he has been duly served.
Submission of the dispute to the court
If, within 30 days of the submission of an application for approval of a negotiated settlement has not been reached and the party has proposed in writing or orally that the dispute be referred to the court, the conciliation body shall without delay send the application for referral and the file material of the dispute to the district court in whose area the conciliation body has its registered office and inform the parties thereof.
Repeal of the Conciliation Approval
(1) The Conciliation Body shall, on a proposal from any party to the dispute, withdraw the approval of the conciliation if exceptional serious circumstances have been subsequently established which it could not use without its own fault and which justify a significantly more favourable outcome of the dispute in its favour (Section 130 of the Law). However, if it finds that the application is unfounded, it shall reject it by its resolution.
(2) An application for revocation may be made by the participant only within three months of the date on which it became aware of the circumstances justifying the proposed amendment, no later than three years after the legal authority of the conciliation.
(3) The provisions of this Order on the submission and discussion of an application for the opening of a conciliation procedure shall apply mutatis mutandis to the application for the annulment of the conciliation procedure and to its consideration by the Conciliation Body.
Storage of files
A conciliation organisation shall ensure that the files relating to the proceedings are kept for a period of 10 years from the end of the conciliation procedure.
Service
Paragraph 266 (a) of the Labour Code shall apply mutatis mutandis to the service of documents of the Conciliation Body.
Costs
(1) The costs of the parties involved in their participation in the conciliation procedure shall be borne by the organisations referred to in Article 3 (1).
(2) The organisation shall also cover expenses incurred by participating in the proceedings of persons who have been invited to the hearing and who have not been parties to the dispute, providing the appropriate room, technical needs and other appropriate assistance for the hearing free of charge.
The principles for the implementation of the conciliation procedure, adopted by the Bureau's resolution of 11.7.1957, cease to apply.
This Decree shall take effect on 1 January 1973.
Chairman:
Ing. Hoffmann v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Central Council of Trade Unions No. 93 / 1972 Coll., on conciliation proceedings in disputes over rewards in connection with inventions, improvements and industrial designs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.12.1972 |
|---|---|
| Effective from | 01.01.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0