Decree of the Government of the Czechoslovak Socialist Republic No. 99 / 1987 Coll.
Decree of the Government of the Czechoslovak Socialist Republic on employment relations of workers of international economic organisations
Valid
Effective from 01.01.1988
99
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
of 3 December 1987
on the labour relations of workers of international economic organisations
The Government of the Czechoslovak Socialist Republic orders according to § 6 paragraph 2 of the Labour Code No. 65 / 1965 Coll., as amended by Act No. 20 / 1975 Coll. and Act No. 52 / 1987 Coll.:
Subject matter and scope of the adjustment
This Regulation provides for derogations for the labour relations of workers of international economic organisations and their branches and, where appropriate, other organisational units which may act on their behalf in employment relations and are responsible for such relationships, provided that they have been established in connection with the development of socialist economic integration and have their registered office in the territory of the Czechoslovak Socialist Republic (hereinafter referred to as "the organisations').
Appointment and revocation
(1) The employment relationship of the management organisation and its representatives may be established by appointment of an authority which, according to the instrument of incorporation, performs the tasks of the managing or coordinating body of the organisation. For other managers and staff recruited to perform particularly important functions defined by the organisation in the Conditions of Employment, (1) the employment relationship may be established by appointment of the head of organisation.
(2) Appointment and removal from office should be discussed with the relevant trade union body operating in the organisation.
Travel and transfer
(1) The organisation may send a worker for the duration of the necessary need for a work trip, but for a maximum period of six months in a calendar year, unless otherwise agreed with the worker.
(2) The organisation may only transfer a worker to a place of work other than that agreed in the employment contract for continuous work. However, a worker outside the territory of the Czechoslovak Socialist Republic may be transferred only in agreement with a legal person who is a participant in an organisation (hereinafter referred to as a participant) and has its registered office in the State in whose territory the worker is resident. In agreement with the participant alone, the organisation of the worker may also translate for more than one year.
(3) The provisions of the preceding paragraph apply mutatis mutandis to the transfer of a worker whose employment is based on appointment.
Drawing holidays
The staff leave may be drawn up with their consent until the end of the next calendar year; in such cases, the organisation shall be obliged to allow at least one week of leave to be used up in the current calendar year.
Other derogations for labour relations of workers who do not reside permanently in the territory of the Czechoslovak Socialist Republic
Days of work rest
In addition to the holidays recognised as working days in the Czechoslovak Socialist Republic, for workers who do not have a permanent residence in its territory (hereinafter referred to as "foreign workers'), working days 2), no more than two days of holidays recognised in the State in whose territory they are resident; such holidays shall be determined by the organisation, on a proposal from the tenderer, in the conditions of employment.
Duration of leave
The annual leave of foreign workers shall be five calendar weeks.
Salary supplement
A monthly allowance of 25% of the basic monthly salary shall be granted to foreign workers; this allowance shall not be granted for the period during which the salary is paid and for the period of leave without compensation of the salary for more than 30 days with a stay outside the territory of the Czechoslovak Socialist Republic.
Employment leave with compensation
(1) Foreign workers are granted leave to travel to their place of residence in the State of permanent residence, with compensation for wages 3). Such leave shall be granted once in a calendar year for the period necessary for the journey but not more than four days; to this extent, the journey time on taking up and leaving the leave is included. According to the distance between the place of work and the place of permanent residence and the type of means of transport which foreign workers are entitled to use, the organisation may set a uniform level of leave with compensation for wages from one to four days in the conditions of employment.
(2) Foreigners shall be granted leave for their own wedding, with compensation for wages of three days, on the birth of the child of the spouse of a foreign worker within two days and on the death of members of the family other than the spouse, type or child, to the same extent as those provided for the funeral of such persons. 4)
(3) Foreign workers studying at school establishments in a State other than the Czechoslovak Socialist Republic are granted leave and physical security to the extent provided for by the legislation of that State.
(4) In the case of important personal obstacles to work which necessarily require travel to the state of permanent residence, foreign workers shall be granted leave to go there and back to the extent referred to in paragraph 1; compensation for the salary for such leave shall be granted only if it is due to compensation for the wage even for the duration of the obstacle to work.
(5) Reimbursement of wages under the preceding paragraphs shall mean compensation of wages equal to the average earnings. 5)
Compensation for recruitment and termination
(1) Foreign workers shall be granted, upon admission to employment:
(a) reimbursement of travel expenses, including family members' travel expenses, where they live in the same household, for the carriage of goods in the first carriage class or for economic class tickets and expenditure on the carriage of luggage by rail agreed by weight from their place of permanent residence to their place of work; for the use of the car itself, compensation shall be granted for the cost of the first carriage carriage;
(b) daily subsistence allowances for travel days under special rules on reimbursement of expenditure on foreign work;
(c) compensation equal to a proportion of the basic monthly wage for travel days, including the surcharge provided for in Article 7;
(d) a one-off allowance equal to the basic monthly salary if the foreign worker is transferred to the place of employment in connection with the recruitment.
(2) The formalities referred to in points (a) and (b) of the preceding paragraph shall also be provided at the end of the employment relationship of a foreign worker and at the place of permanent residence.
Reimbursement allowance on taking up leave
On taking up leave in the State of permanent residence, foreign workers shall be granted an annual allowance of 75% of the basic monthly salary on taking up leave. This allowance may also be granted by the organisation to foreign workers who do not take leave in the State of permanent residence if they incur higher costs in connection with the taking of leave as a result of separation from the place of permanent residence.
Other refunds
(1) In the event of the death of a foreign worker or a family member living with him in the territory of the Czechoslovak Socialist Republic, the organisation shall pay the cost of transporting the deceased to a permanent residence.
(2) In the event of the death of a foreign worker, the organisation shall provide the spouse with a lump sum of twice his basic monthly salary. In the absence of a spouse, this entitlement shall gradually pass on to children, parents or other persons where the deceased is dependent on nutrition.
Average earnings
(1) The relevant period for determining the average earnings for foreign workers is the period of 12 calendar months preceding the month in which the average earnings needed to be established. If the relevant period cannot be determined in accordance with the preceding sentence for the establishment of an employment relationship in the current or previous calendar year, the average earnings from the entire calendar month following the establishment of the employment relationship shall be determined.
(2) The average earnings thus determined shall be used until the end of the calendar month in which they were established; However, if the need to use it continues without interruption even in the next period, the average earnings recorded shall be used throughout the period of the need to use the average earnings. The suspension of the use of the average earnings means cases where a foreign worker, for a working day resulting from the shift schedule, is entitled to pay according to the work done or to pay compensation equal to the average earnings without overtime or is not entitled to compensation.
(3) With the consent of the participant, the organisation may provide that the general rules on the identification of the average earnings for foreign workers apply; in that case, the average earnings referred to in the preceding paragraphs shall not be determined.
Basic salary
In the cases referred to in Sections 7, 9 (1) (c) and (d), 10 and 11 (2), the basic monthly wage for workers remunerated with hourly wages shall be the hourly wage fare multiplied by 185, 180 or 175 hours at the fixed weekly working hours of 42 ½, 41, or 40 hours.
Common and final provisions
Applicants for admission who have been invited to an interview by the organisation shall be granted reimbursement of travel expenses, bed and subsistence allowances, as in the course of work.
It shall be repealed:
(a) Decree of the Federal Ministry of Labour and Social Affairs of 29 January 1987, No F 72-30489-7202-220187, providing for a derogation in the method of determining the average earnings for certain staff of the International Scientific Production Association ROBOT; 6)
(b) Paragraph 7 of the Decree of the Federal Ministry of General Engineering of 31 August 1986 No 1 on the remuneration of staff of the International Scientific Production Association ROBOT.7)
Efficacy
This Regulation shall enter into force on 1 January 1988.
Strougal v. r.
1) Section 82 of the Labour Code.
2) Sections 91 and 118 of the Labour Code.
3) Section 128 of the Labour Code.
4) Point 4 of the Annex to Government Decree No. 54 / 1975 Coll.
5) Paragraph 275 (1) of the Labour Code. § 30 to 34 of the Government Order No. 54 / 1975 Coll. Decree No. 112 / 1975 Coll.
6) Registered in the amount of 6 / 1987 Coll.
7) Registered in the amount of 21 / 1986 Coll.
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Regulation Information
| Citation | Decree of the Government of the Czechoslovak Socialist Republic No. 99 / 1987 Coll., on Labour Relations of Workers of International Economic Organisations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.12.1987 |
|---|---|
| Effective from | 01.01.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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