2/1991.
LAW
from day 4. December 1990
to collective bargaining
Change: 519/1991 Coll.
Change: 118/1995 Coll.
Change: 155/1995 Coll.
Change: 220/2000 Sb.
Change: 151/2002 Coll.
Change: 199/2003 Coll.
Change: 255/2005 Sb.
Change: 112/2006 Coll. 264/2006 Sb.
Change: 189/2006 Sb.
Change: 73/2011 Sb.
The Federal Assembly of the Czech and Slovak Federal Republic
committed to this Act:
§ 1
Introductory provisions
The law governs collective bargaining between trade unions and
employers or their organisations, for the potential synergies of a State
the objective of which is the conclusion of a collective agreement.
the title launched
§ 2
cancelled
§ 3
cancelled
Applicability of collective agreements
§ 4
cancelled
§ 5
cancelled
§ 6
cancelled
§ 7
(1) the Contracting Parties to the collective agreement a higher level may jointly
propose that it was in the collection of laws of the Ministry of communication ^ 4a)
labour and Social Affairs, that the collective agreement a greater degree is
binding for other employers with a predominant activity in the sector
the marked code classification of economic activities (4b) ^ ^
"the sector").
(2) the communication of the Ministry of labour and Social Affairs referred to in paragraph 1 shall
be published in the statute book, if the collective agreement a greater degree of
closed
and employers ' organizations), who in the sector in which it is proposed to
extend the binding effect of collective agreements of a higher degree, employ
the largest number of employees, or
(b) the competent higher trade authority) that in an industry in which the
extend the binding effect of collective agreement proposes a higher level, it is for the
the largest number of employees.
(3) to comply with the conditions laid down in paragraph 2, shall be assessed as of the last
day of the quarter for which statistics are available, according to the
of paragraph 6.
(4) a proposal for the extension of the binding effect of collective agreements of a higher degree
(hereinafter referred to as "the draft") must be in writing, signed by the parties on the
the same document and shall contain the designation of the collective agreement of a higher
the degree and the sector in which it is to be extended to other binding force
of the employer. It must also contain the
and employers, for the lists), that is, the collective agreement of a higher
the degree of binding, and the total number of their employees, lists
employers who are members of other employers ' organizations in the
the same sector, the total numbers of their employees and Sectoral codes
classification of economic activities ^ 4b), or
(b)) total number of employees for which it is competent higher labor
the authority referred to in paragraph 2 (a). (b)), this is a list of employers, in
which the granting authority operates, through the competent trade unions
authority, and the total number of their employees, and the number of employees,
that is another relevant higher trade authority, which operates in the same
sector, this is a list of employers for which the authority acts
through the competent Trade Union body, the number of their employees
and their Sectoral Classification of economic activities code ^ 4b).
The Parties attached to the draft text of the collective agreement a greater degree of
in written and electronic form.
(5) employers ' organisation is required to communicate in writing for this purpose
The Ministry of labour and Social Affairs and the Organization of employers that
they operate in the same sector, on request, a list of employers who are
its members, and the total number of their employees. Greater trade authority
for these purposes is obliged to disclose in writing to the Ministry of labour and
Social Affairs and higher, a trade body, which acts in the same
at the request of the industry, the total number of employees for which it is acting, and a list of
employers, which operates the relevant trade union.
(6) the facts set out in paragraph 4, the Contracting Parties shall demonstrate
the Czech Statistical Office statistical information on the total number of
employees and the written communications referred to in paragraph 5.
(7) if the design does not satisfy the conditions laid down in paragraph 4, it shall invite the
The Ministry of labour and Social Affairs of the Contracting Parties to remove
deficiencies, or to complement the design and sets them to a reasonable
the time limit. At the same time learn that if deficiencies does not delete or
the proposal does not, will not be able to declare the communication referred to in paragraph 1.
(8) the Contracting Parties to a collective agreement can take a higher level design
back within 15 days from its receipt. On the elements of discontinuance or withdrawal is
the first sentence of paragraph 4 shall apply mutatis mutandis.
(9) if the conditions laid down in paragraph 2 and the proposal contains
the conditions laid down in paragraph 4, it shall send the Ministry of labour and
Social Affairs, without undue delay, but not earlier than after the expiry of
provided for in paragraph 8, the communication referred to in paragraph 1 to the
Collection of laws. The communication shall indicate whether or not the place where you can get acquainted with the
the content of the collective agreements of a higher degree, whose binding force is expanding
to the next employer. The Ministry of labour and Social Affairs at the same time
higher level collective agreement shall be sent in electronic form to the Office
the work of the United States-regional branches and a branch office for the city of
Prague (hereinafter referred to as "Regional Branch Office work") ^ 4 c) and publish it
manner allowing remote access. Regional Branch Office work
allows everyone who so requests, a glimpse into the collective agreement
higher degree, whose binding character was extended to other employers.
(10) are not subject to the conditions laid down in paragraph 2 or the proposal
does not contain the particulars set out in paragraph 4, or if the
the parties did not remedy the shortcomings of the proposal within the prescribed period, or
It nedoplnily, Ministry of labour and Social Affairs, in writing, inform the
the Contracting Parties, that their proposal does not meet the.
Section 7a
Higher level collective agreement is binding on the first day of the month
following the publication of the communication pursuant to § 7 para. 1 in the collection of laws
for other employers with a predominant activity in the sector, with the exception of
the employer,
and on which it was at the latest) to this day declared bankrupt ^ 4 d),
(b)) which to this day has more than 50% of individuals with
disabilities ^ 4e),
(c)) that to this day employ fewer than 20 employees,
(d)) for which the emergency occurred ^ 4f), the consequences of this
date, or
(e)) for which the collective agreement is binding on other higher degree.
§ 8
The procedure for the conclusion of collective agreements
(1) collective bargaining is initiated by submitting a written proposal to the
the conclusion of a collective agreement by one Contracting Party by the other Contracting
side.
(2) a Contracting Party shall be obliged to reply in writing on the proposal without undue
delay, but not later than within 7 working days, unless other is agreed
time, and comment on those proposals that did not accept.
(3) the Contracting Parties are obliged to act towards each other and provide each other with
next the desired synergies, if not in conflict with their
legitimate interests.
(4) if the collective agreement concluded for a definite period, or if the
concluded for an indefinite period, and the participants agreed the possibility of amendments to the
a specific date, or if the notice of termination, the parties to the collective
the Treaty required to at least 60 days before the end of the effectiveness of existing
collective agreements, where appropriate, before the date on which the parties
the possibility of amendments, agreed to start negotiations on the conclusion of a new collective
of the Treaty.
(5) Contracting Parties may, in the collective agreement agree option changes
the collective contract and its scope; If you change this proceed as when
the conclusion of a collective agreement.
§ 9
The imposition of collective agreements and understanding with their content
(1) a collective agreement of a higher degree, and the arbitrator's decision (section 13),
concerning it, is liable to the Contracting Party on the employers ' side
to save the Ministry of labour and Social Affairs (hereinafter referred to as
"the Ministry").
(2) the imposition of a collective agreement of a higher grade shall be notified in the collection
laws. The notification of the deposit requested by the Ministry. The Ministry of these
the contract without delay after the notification of the deposit in the collection of laws available on
its website.
(3) the Ministry is obliged at the request of and for the fixed fee
provide the applicant with a copy of the collective agreement a greater degree.
(4) the Contracting Parties are obliged to secure collective agreements and
the decision of the arbitrators, that concern them, for at least five years from the
end of the period of their effectiveness.
§ 10
Collective disputes
Collective disputes under this Act are disputes concerning the conclusion of a collective
contracts and disputes concerning the fulfilment of the obligations of the collective agreement, of which the
does not give rise to claims for individual employees.
Proceedings before the mediator
§ 11
(1) Contracting Parties may, by agreement in a dispute to choose
provider. Acceptance of claim by the provider is the proceedings before
initiated by the provider. The Contracting Parties and the provider are
required to provide the required assistance to each other.
(2) unless otherwise agreed by the Contracting Parties on the provider, shall determine
a provider from the list of mediators and arbitrators maintained by the
the Ministry on the request of either Contracting Party, the competent
by the Ministry. The delivery of the decision on the determination of the provider's management
before the agent started. In a dispute concerning the conclusion of a collective
the contract can be such a proposal filed soon after 60 days from the
production of a written proposal for the conclusion of this agreement.
(3) the intermediary is a natural person may be eligible for legal
capacity under the law of the United States or a legal person, if they agree
with the performance of this function. With regard to the cases referred to in the preceding paragraph,
the provider must be registered in the list of providers and
of arbitrators maintained by the Ministry.
§ 12
(1) a provider shall inform the Contracting Parties of the proposal to
the dispute within 15 days from the date of receipt of the request by the provider, or from the
date of receipt of the decision to locate the provider, unless the
the Contracting Parties shall otherwise by the provider.
(2) proceedings before the mediator shall be deemed unsuccessful if
the dispute is not resolved within 20 days from the date of receipt of the request by the provider,
or from the date of delivery of the decision on the designation of the provider
unless otherwise agreed by the Contracting Parties by the provider to a different time.
(3) if proceedings before the mediator declared unsuccessful, may
the Contracting Parties shall jointly request the Ministry about the destination provider
the new.
(4) the costs of the proceedings before the mediator shall be borne by each of the Contracting
one half of the parties. Part of the cost is in particular provider
his reward. Unless otherwise agreed by the Contracting Parties by the provider of
remuneration, it has the reward according to the implementing regulation.
The proceedings before the arbitrator
section 13 of the
(1) in proceedings before the mediator of the failure of the Contracting Party
may, by agreement in writing, request the arbitrator for a decision on the dispute.
By accepting the request, the arbitrator is the proceedings before the arbitrator. The Contracting
the parties and the arbitrators are obliged to provide each other with the
synergy.
(2) unless otherwise agreed by the Contracting Parties referred to in paragraph 1 and in the case of a dispute about the
the conclusion of the collective agreement resulting in the workplace, where it is forbidden to
a strike, or about the dispute about the performance of the obligations of the collective agreement shall determine the
an arbitrator from the list of intermediaries and arbitrators maintained by the Ministry of
at the request of either of the Contracting Parties the Ministry; the delivery of
the decision of the arbitrators is initiated proceedings before the arbitrator.
(3) the arbitrator may be a natural person having the capacity to perform legal acts in accordance with
the law of the United States, if it is registered in the list of providers and
of arbitrators maintained by the Ministry.
(4) the same person may not be a mediator and arbitrator in the same
the collective dispute.
(5) the arbitrator shall notify the parties in writing of the decision within 15 days
from the start of the proceedings. An arbitrator decide the dispute within the limits of the proposals of the
party.
(6) upon delivery of the arbitrator's decision to the parties in a dispute concerning the conclusion of
collective agreement this contract.
(7) the costs of the proceedings before the arbitrator, including their remuneration shall be borne by
by the Ministry.
§ 14
(1) the District Court shall revoke or amend the decision on the proposal of a Contracting Party
an arbitrator for the fulfilment of the obligations of the collective agreement if it is inconsistent with the
the laws, regulations or collective agreements (section 5). The arbitrator in writing
the Contracting Parties shall communicate a decision within 15 days from the date on which he became acquainted with
the subject of the dispute.
(2) an application for revocation or amendment of the decision of the arbitrator, a Contracting Party may
within 15 days of its receipt. The regional court in
the area in which is situated the contracting party against which the proposal is going.
When deciding to proceed a regional court pursuant to the provisions of the civil
Code of civil procedure governing proceedings at first instance; Decides, however, always
the resolution, against which there is no appeal or retrial.
(3) if the decision of the arbitrator, shall decide the dispute cleared the same arbitrator;
If at least one of the parties, or if this is not from the
other reasons may proceed under section 13, paragraph 1. 2. in the new
decision of the arbitrator is bound by the legal opinion of the Court.
(4) if it is not filed within the time limit referred to in paragraph 1. 2 an application for revocation or
change the arbitrator's decision in court, or if the proposal by the Court
dismissed, or the proceedings terminated, the decision of the arbitrator in the
legal power.
(5) the final decision of the arbitrator on the fulfilment of the obligations of the collective
a contract is a legally enforceable ^ 5).
§ 15
(1) the Ministry of labour and Social Affairs provides for regulations to
and collective agreements) benefit of higher degree,
(b) the selection of providers and the way) entry in the list
providers, as well as other proceedings before the mediator,
(c) the selection of the arbitrators), authentication method, their expertise, their
write to the list of arbitrators, as well as other adjustment to the proceedings before the arbitrator.
(2) the Ministry of labour and Social Affairs in agreement with the Ministry of
the Treasury shall issue a decree
and the amount of remuneration) intermediaries and arbitrators,
(b) the amount of the fee for the provision of) a copy of the collective agreement of a higher
the degree,
(c) the amount and method of payment) the costs of the proceedings before the arbitrator.
A strike in a dispute concerning the conclusion of a collective agreement
section 16 of the
(1) in the absence of the conclusion of a collective agreement, even after the procedure before the
by the provider and the Contracting Parties request an arbitrator to resolve the dispute,
as a last resource, may be in a dispute concerning the conclusion of a collective agreement
declared a strike.
(2) the strike means partial or complete interruption of work of employees.
(3) a solidarity strike means the strike to support the requirements of employees
striking in a dispute concerning the conclusion of another collective agreement.
(4) per participant strikes for its entire duration shall be deemed to
a staff member who agreed with her; a staff member who is to strike
joined, the participant shall be deemed the date of joining
the strike.
§ 17
(1) a strike in a dispute concerning the conclusion of the collective agreement is announced and
about the start of the trade union organization decides if the strike
agree, at least two thirds of the employees of the employer involved in the
the vote on the strike, which has affected this agreement, provided that the
the vote took part in at least half of all employees
employers covered by this contract.
(2) a strike in a dispute concerning the conclusion of the collective agreement a greater degree of
announces its opening and is decided by the Trade Union, if the
the strike by at least two thirds of the employees agree to the employer
participating in the vote on the strike, which has a collective agreement
a greater degree of concern, provided that the voting took part in
at least half of all employees covered by the collective agreement
higher level of concern.
(3) the publication and launch of the solidarity strikes proceed similarly
pursuant to the preceding paragraphs.
(4) a trade union shall notify the employer at least three
working days in advance
and when the strike began),
(b)) the reasons and objectives of the strike,
(c)) the number of employees who participate in a strike, and lists of sites,
that will not be in operation at the time of the strike.
(5) the persons referred to in section 20 (a). g), (h)), i), (j)), k) for the purposes of
the findings of the total number of employees does not include, nor does
the vote on the strike. On the outcome of the vote, the competent Trade Union
the organization take a write.
section 18
(1) employees shall not be prevented from participating in the strike, nor must it be
compelled to participate in the strike.
(2) a Trade Union that is authorized to act on behalf of the participants of the strike,
must allow a reasonable and safe access to the workplace
the employer and may not prevent employees who want to work, in
access to this site about leaving him or threaten
any injury; about the interruption of work with them can only act.
§ 19
(1) a Trade Union that has decided to launch the strike, is required to
to provide the necessary assistance to the employer for the duration of
strikes to secure the necessary activities and operation of the device, for which it
requires their character or purpose with regard to the safety and protection of
health or the possibility of damage to these devices.
(2) employees who perform work in the quality assurance activities
referred to in paragraph 1, shall follow the instructions of the employer.
section 20
Under this Act it is unlawful to strike
and that was not preceded by proceedings before) by the provider (articles 11 and 12); It
does not apply in the case of a solidarity strike action (section 16 (3)),
(b)) which was announced or after the proceedings before continuing
the arbitrator (§ 13 and 14) or after the conclusion of a collective agreement,
(c)) that was not declared or started under the conditions set out in section 17,
d) known for or initiated for reasons other than those mentioned in 16,
e) solidarity, if the employer of the participants of this strike, especially with
regard to economic progress, or the linking cannot affect the result
the strike of the employees, in support of the requirements is a solidarity strike
proclaimed,
f) in the case of military readiness state and at the time of the emergency measures, ^ 6)
g) employees of medical institutions or social welfare facilities,
If the strike there was a threat to life or health of citizens,
h) workers at nuclear power plants operate equipment, devices
fissile materials and equipment of oil or gas pipelines,
I) judges, prosecutors, members of the armed forces and armed corps
and employees in the air traffic management and quality assurance,
j) soldiers fire protection employees racing units
fire protection and members of the Rescue Corps established under special
regulations for the workplace and employee ^ 7) assurance
telecommunications traffic, if the strike there was a threat to life or
the health of citizens or property,
k) employees working in areas affected by natural
the events, in which the competent national authorities was announced
the emergency measures.
section 21
The employer, employers ' organization or, where appropriate, the Prosecutor
may submit a proposal to determine the illegality of the strike to the regional court, in
the trade union organization has its head office, against whom this proposal
is made; the proposal does not have suspensory effect. The District Court shall proceed when
make decisions on the determination of the code of civil procedure governing proceedings
in the first instance.
section 22
Employment law claims
(1) at the time of participation in a strike is not a party strike pay or
wage compensation.
(2) participation in the strike in time before the legal power of the decision of the Court of
the illegality of the strike shall be treated as an absence of omluvená in
employment.
(3) participation in the strike after the final court decision on the illegality
the strike is considered Unexcused absence from employment.
(4) an employee who is a participant in a strike, the employer will allow
performance of the work. If the employee cannot take place due to a strike
job, it must pay the wages in the amount of average earnings; If a
the work pursuant to section 19, for which it is for the lower wage or salary, shall provide it
employer supplement to the amount of average earnings ^ 8).
Article 23 of the
Liability for damage
(1) for damage caused by an event that occurred during the strike, corresponds to the
participant of strike to the employer or employer participant strikes
under the civil code. If, however, the damage that occurred when
activities pursuant to section 19, in accordance with the labour code. ^ 10)
(2) for damage caused by stoppages strike a participant exclusively
the employer and the employer party strikes strikes do not match.
(3) a Trade Union that has decided to launch the strike, corresponds to the
under the civil code ^ 11) to the employer for the damage, which occurred from
reasons for non-necessary synergy in accordance with § 19 para. 1.
(4) if the Court ruled that the strike is illegal, the trade union organization,
that strike has declared, under the civil code ^ 11)
the employer for the damage that such a strike was to him.
section 24
Claims from social security
When determining the amount of income for the provision of benefits in cases of material
need ^ 34) and social services ^ 34a) shall not be considered a loss or decline
of income due to participation in the strike.
§ 25
In the course of the strike, the employer may not receive a refund for the participants
the strike at their jobs, other citizens.
section 26
The strike is ended, if decided by the trade union organization, which
a strike declared or decided on its launch. Their strike action must
the trade union organization without undue delay, notify the
to the employer.
Lockout
section 27 of the
(1) in the absence of the conclusion of a collective agreement, even after the procedure before the
by the provider and the Contracting Parties request an arbitrator to resolve the dispute,
It can be as a last means of resolving a dispute concerning the conclusion of a collective
the Treaty declared the lockout.
(2) the Lockout means partial or complete work stoppage
by the employer.
(3) the initiation of the lockout, its extent, the reasons, goals and muster list
employees to whom a lockout imposed, the employer must notify the
the Trade Union at least three working day in advance. At the same time is
the employer must notify the employees in respect of which an exemption is
applied.
section 28
Illegal under this law is the exclusion of
and that was not preceded by proceedings before) the intermediary (article 11 and 12),
(b)) which was announced or after the proceedings before continuing
the arbitrator (§ 13 and 14) or after the conclusion of a collective agreement with the exception of
When solidarity strike, lockout,
(c)) that has not been declared by the employer for the reasons and under the conditions
set out in section 27,
(d) in the case of military readiness) State, and at the time of the emergency measures,
(e)), relating to the staff of health facilities or equipment
social care, if there would be a threat to the life or health of citizens,
(f)), relating to the staff when handling the nuclear device
power plants, oil pipelines and equipment of fissile materials or
gas pipelines,
g) applicable to judges, prosecutors, members of the armed forces and the
armed forces in air traffic management and quality assurance,
(h)), relating to members of the Corps fire protection, employee
Racing units of fire protection and Rescue Corps members controlled
According to the special regulations for the workplace and employees
securing telecommunications operation, if the lockout has been compromised
to the life or health of citizens, or the assets,
I) relating to the employees who work in areas affected by
natural events, in which the competent national authorities
declared emergency measures.
section 29
The trade union organization or the Prosecutor may submit an application at the destination
the illegality of exclusions to the regional court in whose area it is situated
the employer against whom the proposal is made; the submission of this
the proposal does not have suspensory effect. The District Court shall proceed in deciding
in accordance with the provisions of the code of civil procedure governing proceedings in the first
the degree.
section 30
(1) If an employee is unable to perform work because it was applied against him
lockout, it is an obstacle to the work of the employer. ^ 16) unless the
illegal lock-out, the employee wage compensation only in the amount of
half of average earnings.
(2) for damage caused by an event that occurred during the lockout, corresponds to the
the employee, against which the exclusion was applied, employers and
the employer against which the exclusion was applied, in accordance with
Civil Code. ^ 9) for damage caused by the interruption of the work exclusively
lockout employee, against which the exclusion was applied, employers and
the employer against which the exclusion was applied,
do not match.
(3) claims for sickness insurance and social security
the employee, against which the exclusion was applied, shall be treated as if they
to avoid lockout. For the purposes of pension insurance in determining
personal assessment base ^ 17) does not include the applicable lockout time
period. When determining the amount of income for the provision of benefits to help in
material need ^ 34) and social services ^ 34a) is taken into account for the drop in revenue
of the reasons for exclusions.
section 31
Lockout is terminated, the employer decided that exclusion, the
declared; their exclusion in writing without undue delay, notify the
the trade union organization. Their exclusion shall notify the employer whether or not
employees to whom the exclusion applied.
§ 32
Common and transitional provision
(1) where this Act provides otherwise, the labor relations
under this Act, the labour code.
(2) on the collective agreement concluded before the effective date of this Act shall
subject to the provisions of this Act; the validity of these collective agreements
ending no later than 30. June 1991 unless otherwise agreed by the Contracting Parties
otherwise.
§ 33
The effectiveness of the
This Act shall take the effectiveness of day 1. February 1991.
Selected provisions of the novel
Article. LIX of law No 264/2006 Sb.
Transitional provision
Proceedings before the mediator or arbitrator, the proceedings for cancellation
the arbitrator's decision, the proceedings on the cancellation of the strike or lock-out, the renowned
before the date of entry into force of this Act, and of the illegality
the strike, launched by the regional court before the date of entry into force of this
the law, will be governed by the existing legislation.
1) section 20 of the labour code.
4A) § 2 (2). 1 (b). e) of Act No. 309/1999 Coll., on the collection of laws and
Collection of international treaties.
4B) section 18 para. 1 and section 19 of Act No. 89/1995 Coll., on State statistical
the service, as amended by Act No. 220/2000 Coll. and Act No. 408/2000 Coll.
§ 8 paragraph 4 c). 1 (b). m) Act No. 435/2004 Coll., on employment.
4 d) Act No. 328/1991 Coll., on bankruptcy and settlement, as amended
regulations.
4E) section 67 of Act No. 435/2004 Coll.
4F) § 2 (b). b) of Act No. 239/2000 Coll., on the integrated rescue
the system amending certain laws, as amended by Act No. 320/2002 Coll.
5 § 274 (b).) h) of the code of civil procedure.
6) § 46 to 48 of Act No. 92/1949 Coll., military law (full text of the No.
309/1990 Coll.).
7) Eg. Decree of the Czech Mining Authority no 341/1992 Coll., on mining
emergency service, and the Decree of the Slovak mining Office No. 69/1988 Coll.
the mine rescue service.
8) section 40 and 208 of the labour code.
9) § 420 et seq. of the civil code.
10) § 170 et seq.. of the labour code.
11) § 145 et seq. the marketing code.
12) § 15 para. 1, § 16 and § 25 para. 1 of the law No. 54/1956 Coll.
sickness insurance, as amended.
14) Act No. 100/1988 Coll. on social security, as amended
regulations. Regulation 3 of the Government of the CZECHOSLOVAK SOCIALIST REPUBLIC No. 114/1988 Coll., on spool
employment in class I and II. work category for purposes of retirement
Security.
16) § 130 paragraph 1. 1 of the labour code.
17) section 16 of Act No. 155/1995 Coll., on pension insurance, as amended by
amended.
34) Law No 111/2006 Coll. on assistance in material need.
34A) Act No. 108/2006 Coll., on social services.
