To Change The Regulation. On The Adjustment Of The Prac. Time And Rest Periods For Workers In Transport

Original Language Title: změna nař. o úpravě prac. doby a odpočinku zaměstnanců v dopravě

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=67431&nr=353~2F2008~20Sb.&ft=txt

353/2008 Sb.



GOVERNMENT REGULATION



of 20 December. August 2008,



amending Government Decree No. 589/2006 Coll., laying down

provisions of the working time and rest periods for workers in transport



The Government directs pursuant to § 100 para. 1 of Act No. 262/2006 Coll., code

work, as amended by Act No. 362/2007 Coll., and for the implementation of Act No.

266/1994 Coll., on rail, as amended by Act No. 189/1999 Coll., Act No.

23/2000 Coll., Act No. 71/2000 Coll., Act No. 132/2000 Coll., Act No.

77/2002 Coll., Act No. 175/2002 Coll., Act No. 309/2002 Coll., Act No.

320/2002 Coll., Act No. 103/2004 Coll., Act No. 1/2005 Coll., Act No.

181/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll. and act

No 296/2007 Coll.:



Article. (I)



Government Regulation No. 589/2006 Coll., laying down provisions

working time and rest periods for workers in transport, is hereby amended as follows:



1. § 1, including title and footnotes 1 to 3:



"§ 1



Introductory provisions



This regulation incorporates the relevant provisions of the European Communities ^ 1)

and following the rules of the European communities directly applicable to ^ 2)

modifies the exception to work time and rest time of employees in transport

referred to in § 100 para. 1 (b). a) to (f)) of the labour code, which

the employer by the carrier or by the administrator of the infrastructure or

operator of the transport infrastructure in accordance with other legal

regulations ^ 3). Further defining and driving time in international rail transport.



1) Council Directive 2000/79/EC of 27 June 2002. November 2000 concerning the European Agreement

on the organisation of working time of mobile workers in civil aviation

concluded between the Association of European airlines (AEA), the

The European transport workers ' Federation (ETF), the European Cockpit Association

technical flight crew (ECA), the European Association of air

(ERA) and the international air carrier Association (IACA).



Directive of the European Parliament and of the Council 2002/15/EC of 11 December 1997. March 2002

on the organisation of working time of persons performing mobile road

transport.



Directive of the European Parliament and of the Council 2003/88/EC of 4 April 2003. November

2003 concerning certain aspects of the organisation of working time.



Council Directive 2005/47/EC of 18 June 2003. July 2005 on the agreement between the

The community of European railways (CER) and the European transport workers ' Federation

(ETF) on certain aspects of the working conditions of mobile

workers engaged in interoperable cross-border services in the

rail transport.



2) of Council Regulation (EEC) No 3820/85 of 20 December 2002. December 1985 on the

the harmonisation of certain social legislation relating to road transport.



European Parliament and Council Regulation (EC) No 561/2006 of 15 March.

March 2006 on the harmonisation of certain social legislation

relating to road transport and amending Council Regulation (EEC) No 3821/85

and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85.



European Parliament and Council Regulation (EC) no 1899/2006 of 12 October.

December 2006 amending Council Regulation (EEC) No 3922/91 on the

harmonisation of technical requirements and administrative procedures in the field of

civil aviation.



3) for example, Act No. 455/1991 Coll., on trades

(Trade Act), as amended, law No 111/1994

Coll. on road traffic, as amended, law No.

266/1994 Coll., on rail, as amended, law No.

114/1995 Coll. on inland navigation, as amended,

Act No. 49/1997 Coll., on civil aviation and the law amending and supplementing

No. 455/1991 Coll., on trades (Trade Act), in

as amended, Act No. 13/1997 Coll., on the road

safety, as amended. ".



2. in article 2 letter a) including footnote No. 4a is added:



"the members of the crew) truck or bus in a road

transport by directly applicable legislation of the European communities ^ 4)

or under international treaties published in the statute book ^ 4a), which

are the drivers, driver assistants and attendants,



4A) Article. 2 of the European Agreement concerning the work of crews of vehicles engaged in international road

Transport (AETR) (Decree No. 108/1976 Coll., as amended by Decree No. 82/1984

Coll. and Decree No. 80/1994 Coll.). ".



3. In paragraph 2 (c)), including footnotes, no 6, 6a, 6b and 6 c:



"(c)) employees of railway transport



1. on the national, regional and siding ^ 6), who secured and

serve the track, organise rail transport, or are involved in the

the provision or operation of railway transport, or driving or accompanying

the railway vehicle or ensure its operability,



2. in accordance with point 1, who in international rail transport on the national

and regional ^ 6a) controls or accompanied by railway vehicle on the territory of the United

States and at the same time on the territory of another Member State of the European Union after

for at least one hour of my shift (hereinafter referred to as "employee

international railway transport "); an employee of the international railway transport

for the purposes of this Regulation: the worker in the railway transport, for

whose operation requires the carrier to hold the certificate of

safety under other legislation ^ 6b) and also holds

the next certificate issued by another Member State of the European Union in

accordance with the regulations of the European communities ^ 6 c) in the area of security

the rail transport. An employee of the international railway transport is not considered

a staff member in the international passenger rail transport, which provides

transport of the region, in international freight transport to

the distance of 15 km from the border, in addition to the railway crossing

Petrovice u Karviné-Zebrzydowice and in railway transport and launched

completed in the territory of the Czech Republic, led by through the territory of another Member

State of the European Union, which does not provide a transport service.



6) § 3 (1). 1 (b). a), b) and (c)) of the Act No. 266/1994 Coll.



section 1 (b). p) Decree No. 173/1995 Coll. issuing the transport order

railways.



6a) § 3 (1). 1 (b). a) and b) of Act No. 266/1994 Coll.



6B) section 34 h of Act No. 266/1994 Coll., as amended by Act No. 182/2006 Coll.



6 c) Article. 10 European Parliament and Council Directive 2004/49/EC of 29 April 2004.

April 2004 on the safety of the community's railways and amending Council directive

95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC

on the allocation of railway infrastructure capacity and the levying of

of railway infrastructure and safety certification

(railway safety directive) ".



4. in paragraph 2 of the letter g) is added:



g) ^ 9 crew members) who are powerful fliers or

waiters with the employer, who runs a business

air transport planes or helicopters, or by the operator

aerial work or air rescue services. ".



5. In section 3, (a) at the end of the text), the words "with the exception of the period of

the wait between the boards in the public line passenger services within the lines

time-and locally determined timetable ".



6. In paragraph 3 (c)) shall be deleted.



Subparagraph (d)) to (h)) shall become point (c)) to (g)).



7. in section 3, the letter "d") the following point (e)), which read as follows:



"e) driving time in international rail transport, the period during which

an employee of the international railway transport governed by the railway vehicle, or is in the

vehicle present and is responsible for it, with the exception of the time planned for the

preparation or shutdown of the overhead of the vehicle ".



Subparagraph e) to (g)) are known as the letters f) to (h)).



8. In paragraph 3 (b). (f)), after the words "bus", the words ", the employee

international railway transport ".



9. in section 4, paragraph 4. 1, the word "all" is replaced by the word "more".



10. In paragraph 4, at the end of paragraph 2 the following sentence "member of the crew of the cargo

car or bus in road transport this copy will provide

immediately. ".



11. in paragraph 9, after the word "bus", the words "in road transport".



12. in article 9 the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) breaks for meals and rest under paragraph 1 may be

divided into several parts for at least 15 minutes. This is true even in the

the case breaks for meals and rest provided pursuant to § 88 para.

1 of the labor code. ".



13. under section 9, the following paragraph 9a is inserted:



"§ 9a



For the wait time between the boards in the public line passenger services within the

time-lines and locally specified timetable for the employees, which

is a bus driver in suburban passenger services, the reward of not less than 25

$20 per hour, unless otherwise agreed in the collective agreement.

Waiting time between connections in the public line passenger services within the lines

time-and locally specified timetable for purposes of remuneration in

calendar month added. ".



14. In the second, title III, title IV is inserted, which including

Title:



' TITLE IV



AN EMPLOYEE OF THE INTERNATIONAL RAILWAY TRANSPORT



Part 1



Working time



section 15a



(1) for the employees of the international railway transport applies to the length of the shift and the

overhead drive § 13.



(2) the registration of the working time of an employee of the international railway transport


the employer shall keep, for at least 1 year after the end of each

calendar years.



Part 2



Rest period



section 15b



Uninterrupted rest between shifts



(1) the employer lays out the working hours employees international railway

transport to an employee of the international railway transport between the end of the

one shift and the start of the following shift uninterrupted rest within 24

consecutive hours, at least in the duration



a) 12 hours in place of residence,



b) 8 hours in the other place, provided that the following relaxation will be

provided in accordance with subparagraph (a)).



(2) the Rest referred to in paragraph 1 (b). and staff) may be

international railway transport no more than once a week is truncated up to 9 hours

within 24 consecutive hours, provided that the following relaxation

referred to in paragraph 1 (b). and it will be extended for a period of time) the shortening of this

rest. Relaxation under the first sentence can not follow rest

provided by the staff of the international railway transport referred to in paragraph 1

(a). (b)).



§ 15 c



Uninterrupted rest per week



Working hours of the employee, an employer lays out international rail

transport so that the uninterrupted rest during each period of seven

consecutive calendar days in a period of 52 consecutive weeks



and in the number of at least 12) consecutive rest periods, each for a duration of at least

60 hours,



(b)) in the number of at least 12 consecutive rest periods, each for a duration of at least

60 hours so that it fell Saturday and Sunday,



(c)) in duration at least 36 hours with the fact that over a period of 2 weeks will be this

rest amount to a total at least 120 hours in the other weeks

a specified period.



Part 3



A break in the work



§ 15 d



(1) the employer shall provide the employee of the international railway transport,

who manages the rail vehicle, up separately after 6 hours continuous

work break at work for meals and rest for at least 45 minutes,

If the working time of the employee of the international railway transport more than

8 hours.



(2) a break for meals and rest under paragraph 1 may be divided into

several parts of a duration of at least 15 minutes.



Part 4



Driving time



section 15e



Working hours of the employee, an employer lays out international rail

transport, so that the daily driving period amounted to no more than 9 hours and at

employee working in night time up to 8 hours. The total time

proceedings may not exceed 80 hours in a period of two weeks in a row

going. ".



The existing title IV to VII are referred to as title V to VIII.



15. in section 17(2). 2 (a). (b)), the word "exceptionally" be deleted.



16. in section 22, paragraphs 1 and 2, including footnote No. 22a are added:



"(1) the employer engaged in commercial air transport aircraft

working time lays out a crew member of an aircraft in accordance with

the applicable law of the European communities ^ 22a) so that the length of shifts

under the terms of other legislation ^ 23)



and basic crew member) ^ 22a) amounted to no more than 14 hours,



(b) reinforced the crew member) ^ 23) was not more than 16 hours,



(c) a member of the crew doubled) ^ 23) amounted to no more than 18 hours.



(2) the length of shifts provided for in paragraph 1 may be extended in accordance with

directly applicable European Community law ^ 22a), under the conditions

established by other legislation ^ 23), if due to circumstances

that occur after the start of a shift, necessary for the safe completion of the flight.



22A) head Q of annex III to European Parliament and Council Regulation (EC) No.

1899/2006 of 12 October. December 2006 amending Council Regulation (EEC)

No 3922/91 on the harmonisation of technical requirements and administrative procedures in

field of civil aviation. "



17. in paragraph 22 of the paragraph. 4, the word "set" is deleted, the word "employee"

shall be replaced by "member of the crew of the aircraft" and the words "the employee"

replaced by the words "with a member of the crew".



18. section 23, including the title and footnotes # 23a is inserted:



"article 23 of the



Uninterrupted rest between shifts



(1) the employer engaged in commercial air transport, helicopters,

aerial work and air rescue service delivery working time Member

the crew of the aircraft so that between the end of one shift and the start of

the following shifts uninterrupted rest period of at least 11 hours during the

24 consecutive hours.



(2) rest periods referred to in paragraph 1 may be a member of the crew of the aircraft

conditions laid down in ordinances ^ 23) truncated up to 10

hours.



(3) the employer engaged in commercial air transport aircraft

a member of the flight crew will provide uninterrupted rest between shifts, according to

directly applicable legislation of the European communities ^ 23a), under the conditions

established by other legislation ^ 23).



(4) the Rest of paragraph 3 may be a member of the crew of the aircraft in accordance with

directly applicable legislation of the European communities ^ 23a), under the conditions

established by other legislation ^ 23) is truncated to the extent referred to in

paragraph (2).



Article 23A) OPS 1.1110 Subpart Q of annex III to Regulation (EC)

Parliament and of the Council (EC) no 1899/2006 of 12 October. December 2006 laying

Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements

and administrative procedures in the field of civil aviation. "



19. in paragraph 23 of Section 23a is added to that, including the title reads as follows:



"§ 23a



Uninterrupted rest per week



(1) the employer engaged in commercial air transport aircraft

working time lays out a crew member of the aircraft so that the time

uninterrupted rest per week in accordance with a directly applicable regulation

Of the European communities ^ 22a) under the conditions laid down in other legal

Regulation ^ 23) amounted to at least 36 hours or within 10 calendar days after

at least 60 consecutive hours, while in the period of 4 weeks must

hours of uninterrupted rest amount to at least 7 calendar days in the period

13 weeks at least 24 calendar days and in a period of 52 consecutive weeks

at least 96 consecutive calendar days. Uninterrupted rest per week,

down to once in a period of 4 weeks into it fell Saturday and

Sunday.



(2) the employer engaged in commercial air transport, helicopters,

aerial work and air rescue service will provide the crew member

aircraft uninterrupted rest per week under the terms of any other

^ 23) law to the extent referred to in paragraph 1. ".



20. In paragraph 24, the words "12 consecutive hours within 24 hours"

replaced by the words "12 hours within 24 consecutive hours" and at the end of

the text of section 24 shall be supplemented with the word "consecutive".



21. in paragraph 28, the following paragraph 3 is added:



"(3) from 1 January 1999. January 2010 is the reward for the wait time between the boards according to the

§ 9a of at least 50 CZK for each full hour, unless it is agreed in the

the collective agreement to the contrary. ".



Article. (II)



The effectiveness of the



This Regulation shall enter into force on 1 January 2000. January 1, 2009.



Prime Minister:



in z. Čunek in r.



1. the Deputy Prime Minister and Minister for regional development



Deputy Prime Minister and Minister of labour and Social Affairs:



RNDr. Nečas in r.



Minister of transport:



Ing. Řebíček in r.