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.