Decree No. 96 / 1987 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on principles for reducing working time without reducing wages for health reasons for workers working with chemical carcinogens
Valid
Effective from 30.11.1987
96
DECLARATION
Federal Ministry of Labour and Social Affairs
of 13 November 1987
on principles for reducing working time without reducing wages for health reasons for workers working with chemical carcinogens
The Federal Ministry of Labour and Social Affairs provides, pursuant to § 83 (4) of the Labour Code No. 65 / 1965 Coll., as amended by Act No. 153 / 1969 Coll., in agreement with the Central Council of Trade Unions:
Preliminary provisions
(1) This decree regulates the principles of the procedure for the introduction of reduced working time without reducing the salary for health reasons to 36 hours per week, regardless of the length of the week of work (1) for workers who work with proven chemical carcinogens or in working processes with a risk of chemical carcinogenicity, (2) if, for the purpose of carrying out such work, their employment is included in the first working category for the purpose of pension protection.3)
(2) This decree also regulates the principles of the procedure for the introduction of reduced working time without reducing the salary for health reasons to 311 / 2 hours per week for workers of the Slovak National Uprising, Žiar nad Hronom, who are working with proven chemical carcinogens or in working processes at risk of chemical carcinogenicity in aluminium production in continuous four-shift operations, provided that, for the performance of such work, their employment is classified in the first category for pension purposes.
(a) the servicing or maintenance of electrolytes;
(b) operating or maintenance work.
Technical operators shall be entitled to reduced working time during a pre-determined period where organisational measures for the performance of work (for example, a timetable) indicate that they will work with proven chemical carcinogens or in working processes with a risk of chemical carcinogenicity to the extent and under such conditions as to justify the inclusion of employment in the first working category for pension purposes. Under the conditions set out in the previous sentence, the right to reduced working hours and maintenance workers who also work in other works.4)
Authorisation for shortening working time
The Federal Central Authorities and Central Authorities of the Czech Socialist Republic and the Slovak Socialist Republic (hereinafter referred to as the "Central Authorities') submit proposals to reduce weekly working time to the Ministry of Health and Social Affairs of the Czech Socialist Republic or to the Ministry of Health and Social Affairs of the Slovak Socialist Republic responsible for the organisation's headquarters (hereinafter referred to as the" competent Ministry of Health and Social Affairs'). The proposal shall contain:
(a) the designation of organisations, types of employment, the indicative number of workers to be reduced and their current weekly working hours;
(b) a declaration by the organisation that a substance containing chemical carcinogens cannot be replaced by another non-toxic substance;
(c) a set of staff protection measures in the following period, identifying technical measures, (5) organisational and other measures, including gradual deadlines for reducing the harmful effects of the work environment for which it is proposed to shorten working time, in order to ensure the performance of the planned tasks;
(d) the opinion of the relevant trade union body.
(1) The competent Ministry of Health and Social Affairs, after examination of the elements of the proposal by the Central Authority, authorises, in agreement with the relevant trade union, reduced working time for a certain period, but not more than five years. The reduced working time referred to in Paragraph 1 (2) may be allowed for a period not exceeding 31 December 1995.
(2) The authorisation referred to in the preceding paragraph must include in particular:
(a) the designation of organisations, types of employment and the indicative number of staff for whom reduced working time is permitted;
(b) length of reduced working time to 36 hours or 311 / 2 hours;
(c) determining the date from which shorter working hours are introduced in each organisation;
(d) determining the duration of the reduced working time;
(e) the condition for the gradual implementation of the set of workers' protection measures in the following period, while respecting the highest economy and the maximum use of the organisation's own resources.
(3) The same copy of the reduced working time permit will be sent by the competent Ministry of Health and Social Affairs to the Federal Ministry of Labour and Social Affairs.
(4) Central authorities6) monitor compliance with conditions under which reduced working time has been allowed.
(1) From the date specified in the permit, the organisation shall establish a reduced working time; from that date, workers shall be entitled to reduced working hours.
(2) The organisation is required to familiarise workers with the introduction of reduced working time and to specify the conditions for authorising reduced working time in the Conditions of Employment. 7) The same applies to the expiry of the period for which the reduced working time was allowed [Paragraph 4 (2) (d)].
Wage for work waste
(1) In order to pay the wage for the work expenses of workers remunerated at hourly wage rates, the organisation will increase these tariffs on the basis of the scale of the wage rates set out in Annex 1 or Annex 2 to this Decree.
(2) If the increase in wage rates referred to in the previous paragraph is not appropriate, the organisation shall provide wage compensation to workers for the wages achieved during reduced working hours.
(3) The percentage of wage compensation for the reduction in working time is:
(a) 42.5 hours per 36 hours per week 18.1%
(b) 41,25 hours per 36 hours per week 14,6%
(c) 40 hours per 36 hours per week 11.1%
(d) 36 hours at 311 / 2 hours per week 14,3%
the basis for calculating the wage compensation.
(4) The basis for calculating wage compensation shall not include:
(a) compensation for work obstacles, except for the reimbursement of the salary for downtime, 8)
(b) compensation for the salary for the holidays for the recovery and the holidays, 9)
(c) wage supplements, bonuses and bonuses, the amount of which is not calculated on the worker's wage rate (basic wages).
The amount of the allowances which are set by the wage rules according to the period actually worked is unchanged.
The monthly salary of a worker who is working for a specified week's working hours shall not be changed because of its shortening under this decree.
For workers with shorter working time (Section 86 of the Labour Code), the principles for reducing weekly working time and for implementing operational and working arrangements with a five-day working week shall be treated mutatis mutandis, except for its last sentence.
Common, transitional and final provisions
(1) Working time allocated by the Head of Organisation10) at uneven layouts for the staff referred to in Article 1 (1) of Regulation (EU) No 1306 / 2013
(a) Paragraph 1 (1) may exceptionally reach 12 hours each day of the week; a maximum of two 12-hour shifts may be set during the week when working time is allocated,
(b) Paragraph 1 (2) must be set out for at least five days in each week.
(2) When the working time is allocated in accordance with the preceding paragraph, continuous rest between two shifts and continuous rest in a week shall not be reduced below the limits referred to in Sections 90 (1) and (2) and 92 (1) of the Labour Code.
(1) A worker whose working hours have been shortened under this Order must not carry out the work referred to in Paragraph 1 in parallel working conditions exceeding 36 hours or 311 / 2 hours per week.
(2) Work carried out under the conditions set out in Section 1 shall be prohibited on work carried out under the conditions laid down in paragraph 1, except in exceptional cases where the consequences of accidents are at risk of the life and health of other workers of the organisation or of the population, where other workers cannot carry out the necessary work.
If a worker ceases to work with proven chemical carcinogens or in working processes with a risk of chemical carcinogenicity 2) justifying the inclusion of employment in the first working category for retirement purposes, 3) the organisation is obliged to apply working hours according to the general rules. 1)
(1) Where working time is reduced in the work of proven chemical carcinogens or in the working processes at risk of chemical carcinogenicity (2) on the basis of measures other than those provided for in this Decree, the organisation is required to request the competent central authority by 31 March 1988 to propose a shortening of working time under this decree. until this proposal has been completed, the organisation shall have working time reduced by other measures.
(2) If the organisation does not request a reduction in working time within the period referred to in the preceding paragraph, it shall apply the working time in accordance with the general rules after its expiry. 1)
(3) The provisions of paragraphs 1 and 2 do not apply to organisations within the competence of the Ministry of Industry of the Czech Socialist Republic and the Ministry of Industry of the Slovak Socialist Republic.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
M. Boda v. r.
Příloha č. 1
Annex No 1
Wage tariff scale at 36-hour weekly working hours
| Stupnice mzdových tarifů | Mzdový tarif v Kčs/hod. | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Třída | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | |
| 1 | 6,30 | 7,10 | 8,00 | 9,00 | 10,10 | 11,30 | 12,70 | 14,30 | 16,10 |
| 2 | 6,60 | 7,40 | 8,40 | 9,50 | 10,60 | 11,90 | 13,40 | 15,10 | 17,00 |
| 3 | 7,10 | 8,00 | 9,00 | 10,10 | 11,30 | 12,70 | 14,30 | 16,10 | 18,10 |
| 4 | 7,40 | 8,40 | 9,50 | 10,60 | 11,90 | 13,40 | 15,10 | 17,00 | 19,20 |
| 5 | 8,00 | 9,00 | 10,10 | 11,30 | 12,70 | 14,30 | 16,10 | 18,10 | 20,40 |
| 6 | 8,40 | 9,50 | 10,60 | 11,90 | 13,40 | 15,10 | 17,00 | 19,20 | 21,60 |
| 7 | 9,00 | 10,10 | 11,30 | 12,70 | 14,30 | 16,10 | 18,10 | 20,40 | 22,90 |
| 8 | 9,50 | 10,60 | 11,90 | 13,40 | 15,10 | 17,00 | 19,20 | 21,60 | 24,30 |
| 9 | 10,10 | 11,30 | 12,70 | 14,30 | 16,10 | 18,10 | 20,40 | 22,90 | 25,80 |
| 10 | 10,60 | 11,90 | 13,40 | 15,10 | 17,00 | 19,20 | 21,60 | 24,30 | 27,40 |
| 11 | 11,30 | 12,70 | 14,30 | 16,10 | 18,10 | 20,40 | 22,90 | 25,80 | 29,00 |
Příloha č. 2
Annex No 2
Wage scale
at 31 1 / 2 hour weekly working hours
| Stupnice mzdových tarifů | Mzdový tarif v Kčs/hod. | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Třída | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | |
| 1 | 7,10 | 8,00 | 9,00 | 10,20 | 11,50 | 12,90 | 14,50 | 16,30 | 18,40 |
| 2 | 7,60 | 8,50 | 9,60 | 10,80 | 12,10 | 13,60 | 15,30 | 17,20 | 19,40 |
| 3 | 8,00 | 9,00 | 10,20 | 11,50 | 12,90 | 14,50 | 16,30 | 18,40 | 20,70 |
| 4 | 8,50 | 9,60 | 10,80 | 12,10 | 13,60 | 15,30 | 17,20 | 19,40 | 21,80 |
| 5 | 9,00 | 10,20 | 11,50 | 12,90 | 14,50 | 16,30 | 18,40 | 20,70 | 23,20 |
| 6 | 9,60 | 10,80 | 12,10 | 13,60 | 15,30 | 17,20 | 19,40 | 21,80 | 24,50 |
| 7 | 10,20 | 11,50 | 12,90 | 14,50 | 16,30 | 18,40 | 20,70 | 23,20 | 26,10 |
| 8 | 10,80 | 12,10 | 13,60 | 15,30 | 17,20 | 19,40 | 21,80 | 24,50 | 27,60 |
| 9 | 11,50 | 12,90 | 14,50 | 16,30 | 18,40 | 20,70 | 23,20 | 26,10 | 29,40 |
| 10 | 12.10 | 13,60 | 15,30 | 17,20 | 19,40 | 21,80 | 24,50 | 27,60 | 31,10 |
| 11 | 12,90 | 14,50 | 16,30 | 18,40 | 20,70 | 23,20 | 26,10 | 29,40 | 33,10 |
1) Paragraph 83 (3) of the Labour Code. Decree of the Ministry of Labour and Social Affairs No. 63 / 1968 Coll., on the principles for shortening weekly working time and for implementing operational and working arrangements with a five-day working week.
2) Directive of the Ministry of Health of the Czech Republic on hygiene principles for the work of chemical carcinogens of 11.12.1984, e.g. HEM- 300- 28.11.1984 (registered as 1 / 1985 Coll.). Modification of the Ministry of Health of the SSR of 7.12.1984 to include Z-7631 / 1984-B / 2-06 on health principles at work with chemical carcinogens (registered in the amount of 24 / 1985 Coll.).
3) Article 12 of Act No. 121 / 1975 Coll., on Social Security, as amended by Act No. 73 / 1982 Coll. Decree of the Government of the Czech Republic No. 136 / 1975 Coll., on the inclusion of employment in the first and second categories of work for pension purposes, as amended. Resorts of employment included in categories I and II of work for pension purposes.
4) Paragraph 4 (4) of the Second Decree of the Government of the Czech Republic No. 136 / 1975 Coll., as amended by the Decree of the Government of the Czech Republic No. 74 / 1982 Coll. and No. 48 / 1985 Coll.
5) Paragraph 133 (1) of the Labour Code. § 35 (b) and (c) of Decree of the Government of the Czech Republic No. 54 / 1975 Coll., implementing the Labour Code.
6) Paragraph 26 (2) of the Labour Code.
7) Section 82 of the Labour Code.
8) Section 129 of the Labour Code.
9) Act No. 93 / 1951 Coll., on the National Festival, on working days and on memorable and important days, as amended by Act No. 65 / 1965 Coll. and Act No. 56 / 1975 Coll.
10) Sections 85 and 87 of the Labour Code.
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Regulation Information
| Citation | Decree No. 96 / 1987 of the Federal Ministry of Labour and Social Affairs Coll., on principles for reducing working time without reducing wages for health reasons for workers working with chemical carcinogens |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.11.1987 |
|---|---|
| Effective from | 30.11.1987 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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