To Collective Bargaining

Original Language Title: o kolektivním vyjednávání

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38979&nr=2~2F1991~20Sb.&ft=txt

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.