Providers And Save A Higher Level Collective Agreements

Original Language Title: o zprostředkovatelích a ukládání kolektivních smluv vyššího stupně

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38999&nr=16~2F1991~20Sb.&ft=txt

16/1991 Sb.



DECREE



the Ministry of labour and Social Affairs of the Czech Republic



of 3 July 2003. January 1991



providers, and have been saving collective agreements of a higher

the degree of



The Ministry of labour and Social Affairs of the Czech Republic under § 15 para. 1

Act No. 2/1991 Coll., on collective bargaining, provides:



PART THE FIRST



The selection of mediators and arbitrators



§ 1



(1) the selection of natural and legal persons to the intermediary activities

performed by the Ministry of labour and Social Affairs of the Czech Republic (hereinafter referred to as

"the Ministry") at the request of Trade Union bodies and organisations, in particular

employers, or without design.



(2) is similarly applied in the selection of individuals for action

the arbitrators.



(3) the provisions of paragraph 1 shall also apply to the inclusion of foreign

natural and legal persons to the list of providers.



PART TWO



Lists of mediators and arbitrators



§ 2



(1) To the list of providers can be registered natural person who

satisfies the conditions laid down in the law on collective bargaining ^ 1) and

who:



and) is impeccable,



(b)) has a degree as a rule, lawyers or

the economic direction,



(c)) has personal characteristics that give the prerequisites for the proper and impartial

carry out the activity provider.



(2) the list of providers can be a registered legal person

selected pursuant to § 1, if the subject of its activity is the research,

consulting or organizátorská activity, especially in employment,

labour and social matters, and if the workers suitable for

activity of the intermediary, who fulfil the conditions referred to in paragraph 1

and with the performance of the activities of the provider agrees. ^ 2)



(3) entry in the list of providers is carried out for a period of three years.



(4) entry in the list of approved providers, Minister for labour and

Social Affairs of the Czech Republic (hereinafter referred to as "the Minister").



§ 3



(1) to the list of arbitrators may be registered natural person selected pursuant to §

1, which satisfies the conditions laid down in the law on collective bargaining

^ 3) and the conditions set out in § 2 paragraph 1. 1.



(2) a natural person may be entered on the list of arbitrators only

If you successfully underwent a validation of their expertise, in particular

of labour, wages and Social Affairs.



§ 4



(1) the expertise of individuals for the activity of the arbitrator validates

the Ministry; to this end, the Minister shall be set up as its advisory body

to the Commission.



(2) the Commission validates the expertise of individuals being considered for

the activity of the arbitrator usually personal interview.



(3) the President of the Commission and its members are appointed by, with their consent and dismissed by the

the Minister.



(4) on the outcome of the verification of the professional skills of individuals for action

arbitrator, the Commission shall draw up the record, stating that the individual is

eligible to exercise the activity of an arbitrator.



(5) the entry on the list of arbitrators on the basis of the Commission proposal

the Minister.



(6) the verification of the professional skills of individuals for the activity of the arbitrator

repeated after three years.



§ 5



(1) the Ministry shall provider from the list if:



a) fulfils the conditions referred to in paragraph 2,



(b)), at its request,



c) a natural person dies or legal person ceases to exist,



(d)) in the long term and for no reason does not perform brokering activities.



(2) removed from the list, whether or not the provider that before the end of

the period laid down in paragraph 2 (2). 3 requested the resumption of the inclusion in the list

providers.



(3) the Ministry shall appoint the arbitrator from the list if:



a) fulfils the conditions referred to in paragraph 3,



(b)) has accomplished successfully validate expertise (§ 4 para. 6),



(c)) on request



d) dies,



(e)) in the long term and for no reason rozhodcovskou does not work.



§ 6



The provider or an arbitrator, the Ministry shall notify the registration in the

the list of providers or arbitrators and removal from it, as well as

the results of verifying the expertise of the arbitrator.



§ 7



Natural person included in the list of providers or to a list

the Arbitration Board may refuse to determine ministries to conduct business

provider or an arbitrator in a specific dispute only if the

argue for serious reasons within seven days, your bias. In such a

the case of the Ministry shall determine without undue delay, another

provider or an arbitrator.



PART THREE



Proceedings before the mediator and the proceedings before the arbitrator



§ 8



(1) an application for resolution of a dispute by the provider or the arbitrator shall

be submitted in writing. The application must be exactly defining the subject of the dispute and

given previous to its solution, proven by documentary materials;

the application shall also be accompanied by a written opinion of the other Contracting

party. All written materials shall be sent to the provider or

the arbitrators in duplicate.



(2) the Contracting Parties ^ 4) are required to provide when the mediation

or dispute the necessary cooperation.



§ 9



(1) familiarization with the subject of the dispute in accordance with the law on collective bargaining

^ 5) includes the receipt of written documents needed to resolve the dispute.



(2) familiarization with the subject of the dispute and the receipt of the decision in

the dispute shall be drawn up by the parties and the arbitrator or provider enrollment.

Its part of the agreement can be the reward provider. ^ 6)



§ 10



Proposal on dispute resolution provider ^ 7) and the decision of the arbitrator ^ 8)

must contain:



and exact designation of the Contracting Parties),



(b)) the fact that the parties cannot agree,



c) opinion provider or arbitrator,



(d)) in the preamble,



e) date



(f) the name and signature).



§ 11



Activity of the intermediary or the arbitrator is irreplaceable.



PART FOUR



Saving a higher level collective agreements



§ 12



(1) the Contracting Party on the side of the employer shall be bound to ^ 9) cast

collective agreement a greater degree its text delivery within 14 days of

its conclusion to the Ministry. Similarly, even when you change the

higher level collective agreements.



(2) in accordance with paragraph 1 shall be applied also with regard to the decision of the arbitrator

on a higher level collective agreements.



section 13 of the



The collective agreement a greater degree of stores, the Ministry according to the contractual

Parties, and the date of closure. The arbitrator's decision shall be annexed to

the higher level collective agreement.



PART FIVE



Final provision



§ 14



This Decree shall enter into force on 1 January 2000. February 1991.



Minister:



Ing. Diana CSc. v.r.



1) § 11 (1) 3 of Act No. 2/1991 Coll., on collective bargaining.



2) section 29 and § 36 odst. 1 of the labour code.



3) § 13 para. 3 of Act No. 2/1991 Coll.



4) § 3 of the law No 2/1991 Sb.



5) § 12 para. 1 of law No 2/1991 Sb.



6) § 12 para. 3 of Act No. 2/1991 Coll.



7) § 12 para. 1 of law No 2/1991 Sb.



8) § 13 para. 5 of law No 2/1991 Sb.



9) § 9 para. 1 of law No 2/1991 Sb.