On The Adjustment Of Employment Relationships Affected The Consequences Of National Revolution

Original Language Title: o úpravě pracovních poměrů dotčených důsledky národní revoluce

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=13853&nr=143~2F1946~20Sb.&ft=txt

143/1946 Sb.



LAW



of 16 December 2002. May 1946



on the adjustment of employment relationships affected the consequences of national revolution.



§ 1



(1) if the employment relationship arising out of the consequences of the intervention of the national revolution

before the effective date of this act effectively terminated in any way

Therefore, it was reasonable suspicion against employees of the crime of

According to the Decree of the President of the Republic of 19 November 2002. June 1945, no. 16 Coll.

the punishment of Nazi criminals, traitors and their accomplices and about

exceptional folk courts, pursuant to Regulation No. 33/1945

SB n. SNR on the punishment of criminals, fascist invaders, traitors and

collaborators and the establishment of the people's justice system, or because the employee

before 31 December 2002. in December 1945, aroused the other act or behaviour against each other

so serious and justified resistance that could not be fairly shall require the

the other employees to cooperate further with him, looking at

the employment relationship, as if he were the de facto end of the day after law canceled, and

even though, according to the employment contract could be cancelled only in specific

conditions or after a special procedure.



(2) if the employment of such intervention, however, before the effective date of this

the act effectively terminated in any way because they are in good

faith somehow, that are determined by the terms and conditions referred to in paragraph 1,

fact made were not, looking at the employment relationship as if it were day,

When was de facto terminated, all right on the legal period of

the notice, even though, according to the employment contract cannot be all

at all, or only under particular conditions or after a special procedure. On salary

(salary) for the duration of the testimony in this case, it is for the employees of not more than

the amount of 10,000 Czech Crowns per month, but not for a period longer than three months;

In addition, the employee must credit započítati's what spared by work

no races, as well as what other occupation or what earned earned intentionally

He had missed.



(3) employees whose employment contract has lapsed pursuant to paragraph 1 or 2,

It is not for a claim for performance, which was agreed to in the event of

of the employment relationship.



(4) if the employment relationship arising out of the consequences of the intervention of the national revolution

before the effective date of this act effectively terminated by any means, without

they were given the conditions referred to in paragraph 1 or 2, or if it has been put into it from the

the grounds referred to in paragraph 1 or for similar reasons, associated with

national revolution affected otherwise (e.g. telephone on vacation, by allocating

work for other work, in particular the wage or salary conditions),

can an employee and employer may demand that the Court of arbitration (sections 2 and

subs.) determine the legal consequences of such an intervention. The arbitral tribunal may, at the

the terms of the employment contract accounts newly; If it is in the interest of continuity

the running of the race, so that the employee no longer did not return to their desks,

on a proposal from zaměstnavatelův make a Mormon out employment for vypověděný

According to the precedent paragraph 2.



(5) when you modify the working conditions under the preceding paragraph shall take into account

the Court of arbitration, in particular to the content of employment contracts of a similar kind in the

other undertakings of the same or of a relative of the sector and determine the rights and obligations

parties under principles of decency and rationality. If the Court of arbitration in the framework of the

new arrangements of working conditions of an undertaking is zaměstnavatelův or

If the employment relationship for the vypověděný, you may want to employees

adequate compensation, but not more than the amount of 30,000 Czech Crowns.



(6) if the employee claims will be settled in accordance with the provisions of this

section nepříslušejí of the employment of any

further claims against a third party. Payment made by the employer,

does not constitute for him to salvage and subrogation against anyone.



§ 2



Disputes between the employee and the employer that

arise from the employment concerned in paragraph 1, in particular,

If the employment relationship is terminated and which on the date of the new adaptation of working

conditions, as well as on the employee's entitlement to compensation (indemnity), is

exclusively by the competent court of arbitration. The application must be lodged within three months

the date on which the arbitral tribunal becomes operational (section 3, paragraph 3), or any

claims under section 1 shall be extinguished.



§ 3



(1) the arbitration tribunals with jurisdiction in accordance with articles 1 and 2 shall be established in

the headquarters of the district authorities to work for their protection circuits. The Minister

Justice, however, to ratify, in agreement with the Minister of welfare

by Decree in the collection of laws and regulations which provided that the arbitral tribunal

carries out the scope for the circumference of the several district offices protection work.



(2) the jurisdiction of the Arbitration Court is governed by the work place

employees at a time when there was an intervention in the employment relationship, the concerned

in § 1.



(3) the day when the Tribunal becomes operational, the Chairman shall declare the

The Official Gazette.



-The Text of the modified taking into account the mouth. Cust. No 153/1946 Sb.



§ 4



(1) the arbitral tribunal shall consist of a Chairman, his Deputy, the number of

professional judges and lay judges from among workers and employers, and

their alternates.



(2) the President of the Tribunal, the Deputy Director and the other judge from

occupation Government at the proposal of the Minister of Justice, from among the judges of the

the profession of law in the District of District Office, mindful protection work

their knowledge of employment law.



(3) the Assessor from the ranks of employees and employers and their respective alternates

appointed by the Minister of social welfare, and that lay judges and alternates from among

employees on a proposal from the competent authority of a single trade-union movement and

lay judges and alternates from among employers on the proposal of the competent authority

interest representation of employers.



(4) Associate the arbitral tribunal can be appointed, who



and) is a Czechoslovak citizen,



(b)) is older than 30 years



(c)) is not excluded from the minutes in fixed voter lists,



(d)) live in the circumference of the competent Arbitration Court.



(5) the provisions of this Act on the lay judges, unless otherwise

provided, whether or not their alternates to the.



-The Text of the modified taking into account the mouth. Cust. No 153/1946 Sb.



§ 5



(1) the Minister of social care relieved after hearing the competent authority (section 4

paragraph. 3) member of the Court of arbitration function, if they are not already members of

interest groups, from which they were appointed.



(2) the Minister of social welfare gets rid of the assessor's Court of arbitration function,

neglecting the obligations related to the performance of a function or if the

excluded from entry into the permanent voter lists.



(3) the Member of the Court of arbitration may forget the only function of the important

reasons, to be decided by the Minister of social care after hearing the authority which

the associate suggested.



-The Text of the modified taking into account the mouth. Cust. No 153/1946 Sb.



§ 6



Member of the Arbitration Tribunal promises to once and for all in the hands of the President, that the

vykonávati will feature the best of my knowledge and belief, and

professional secrecy and not disclose the vote.



§ 7



(1) member of the Court of arbitration is required to dostaviti in time for the hearing

the Court and the účastniti with him until the end.



(2) the Přísedícímu, that he has neglected its obligations under paragraph 1, it saves

the President of the Senate ex officio or at the request of the parties to pay the costs

This caused.



§ 8



(1) the Arbitration Court acts and decides in a three-member Panel of judges, consisting of

the Chairman or his Deputy or another judge of the profession. As

a presiding judge and two assessors, one of whom is from a series of

employees and other employers. The boards be established and calls to

hearing the President of the Tribunal, the přihlížeje to assessor

they were, if possible, a relative of the profession such as parties.



(2) on the exclusion and refusal of the President of the Chamber of arbitration and

lay judges shall apply mutatis mutandis the rules applicable to exclusions and disclaimers

a judge in civil proceedings the contested.



(3) the President shall decide to refuse terminating the Arbitration Court,

the refusal of the President of the Senate, the President of the High Court of arbitration of the arbitration

the Court.



§ 9



(1) Proposals, complaints and claims may be lodged with the Court of arbitration

or in writing to the log.



(2) a party may, before the arbitral tribunal debit zastupovati agents.

An agent can be any person who enjoys is eligible before

the Court of acting and not pokoutníkem.



§ 10



(1) the Arbitration Court performs the procedure, mutatis mutandis for civil šetře

proceedings before the courts of the judicial district, in cases concerning the distinction

minuscule. Proceedings before the arbitration courts is public. The Arbitration Court has the

before the judge issues a verdict, hear the parties. May vyslýchati witnesses and

the experts and take them to the oath. A false statement is punishable as a crooked

testimony before the ordinary court.



(2) If a party fails to appear for the hearing, the proceedings in the

the absence. If it does, the two parties, it is peace of mind control. On it

at both sides in the writ had been advised.



(3) the costs of the legal proceedings of the contested policy applies.



(4) the courts and public authorities are obliged to vyhověti addressed letters rogatory

the Court of arbitration.



§ 11



(1) the arbitral tribunal shall act by a majority of votes. The Conference is held in

the absence of the parties. President of the Chamber shall vote last.



(2) the presiding judge shall declare the award of the arbitral tribunal in the same meeting.


Find my obsahovati statement, rationale and lessons learned on how to

resources. Find be it within eight days from the date of its publication in writing

drawn up, signed by the President of the Senate, and then delivered to the parties.



§ 12



Against the award of the Arbitration Court is the appeal for procedural,

incorrect assessment of the evidence taken or illegality to the high

a Court of arbitration. Against the operative part of the cost is přípustna.

Appeal (complaint) must be lodged within 15 days from the date of delivery of the

the finding by the Arbitration Court, that finding issued the appeal in two

counterparts.



section 13 of the



(1) the Chief Judge shall be in the courts of the headquarters of the provincial courts. Consist

from the President, his Deputy, of the number of professional judges and from the

lay judges from among workers and employers, and their alternates.



(2) the Chairman of the Supreme Arbitration Court (his Deputy) and the other judge

the Government appoints a professional at the proposal of the Minister of Justice.



(3) the Assessor of the Supreme Arbitration Court from the ranks of employees and

employers, appointed by the Minister of social welfare, and that lay judges from among

employees on a proposal from the competent authority of a single trade-union movement and

Member of the employers on a proposal from the competent authority of interest

the representation of employers.



(4) the provisions of § 4 para. 4 and 5 and sections 5, 6 and 7 shall apply mutatis mutandis.



-The Text of the modified taking into account the mouth. Cust. No 153/1946 Sb.



§ 14



(1) the High Court of arbitration shall be decided in five of the Chamber, which is

composed of a President (his Deputy), two professional judges and two

lay judges one of whom is from the staff and the other from among the

of the employers. The provisions of § 8 para. 1 the second sentence shall apply mutatis mutandis.



(2) the exclusions and disclaimers of the members of the High Court of arbitration shall apply

Similarly, the provisions of § 8 para. 2; of refusal of the President of the Senate and the other

professional judges will decide the president of the competent provincial court,

rejection of lay judges from among workers and employers, the President of the

the High Court of arbitration.



§ 15



For proceedings before the Chief of the Arbitration Court shall apply reasonable regulations on the

proceedings of appeal before the ordinary courts, unless otherwise stated.



section 16 of the



(1) if the appeal Was filed out of time, President of the Chamber

the Court of arbitration. Otherwise provided a copy of the appeal to the respondent, which may

administer within 15 days from the date of delivery of the notice of appeal in the two

counterparts.



(2) if the respondent has filed notice of appeal, or if the time limit has passed in vain to his

Administration, shall submit to the President of the Chamber of arbitration appeal with all

the writings of the High Court of arbitration.



§ 17



(1) the High Court of arbitration by a majority of votes; the President shall vote

the last time.



(2) Find so be it within eight days in writing drawn up, signed by the Chairman of the

the Senate and then delivered to the parties.



(3) the finding of the Supreme Arbitration Court is final.



section 18



Take the top arbitration court conviction, the appeal has been lodged

apparently for no reason, saves the side that is filed to pay the costs

the Supreme Court of arbitration, with discussion of the appeal. The amount of the

These costs will be determined in accordance with the directives issued by the Minister

of Justice in agreement with the Minister of social welfare and the Minister of finance.



-The Text of the modified taking into account the mouth. Cust. No 153/1946 Sb.



§ 19



The final findings of courts of arbitration and the High Court of arbitration and settlements

in front of them named are enforceable judicial execution.



section 20



(1) the function of the lay judges of the Arbitration Court and the High Court of arbitration of

employees and employers is Honorable. However, the assessor is entitled

on the compensation of the finished release and after the case of the lost wages (salary). Entitled to

the refund must be filed within 15 days after the date of the meeting by the Chairman of the

the Tribunal, after the case of the High Court of arbitration and he decides to

finally adopted.



(2) the arbitral tribunal and the Chief Associate of the arbitral tribunal from among

employees must employers offer free time to perform functions.



section 21



(1) costs associated with the establishment and activities of the courts of arbitration and the high

the arbitral tribunal shall be borne by the State. The remuneration of the Presidents (the Deputy) and

the judges of the profession determines the directive issued by the Minister of Justice in the

in agreement with the Minister of finance.



(2) supervision of arbitration courts, and the Supreme Arbitration Court, it is for

presidentům provincial courts, in which the circuit is the seat of the Arbitration Court.

The highest supervision belongs to the Ministry of justice by analogy with the

provision, which applies to the supervision of the courts.



(3) the Office room and Office staff for the arbitration courts

arrange for the president of the regional court in whose area the Court of arbitration

set up and for the Chief Judge of the provincial courts of the president of the competent

the Court.



section 22



(1) the court proceedings in disputes between an employee and an employer, that

have resulted from interference with the employment issue in the § 1 of this Act,

initiated before the date when this law takes effect, and not the law,

initiated before the date when this law becomes effective, and not yet

Finally, the unfinished plant; the costs of the parties to each other are deleted.

The Court shall inform the parties about it.



(2) if the issues that arose between the employee and the

the employer of the employment concerned in section 1,

If there has been to them for the reasons referred to in § 1 (1). 1 and 2 of this Act,

settled by a final court settlement or judgment before the date when

This law becomes effective, the party whose rights or obligations

have been modified by derogation from the provisions of § 1, domáhati action at the arbitration

Court (§ § 2 et seq.) the review of the case and a new decision. The action must

be made within the time limit laid down in section 2 of this Act. This provision shall

does not apply to issues that have been lawfully controlling Slovakia decided

According to the Regulation No. 69/1945 Coll. n. SNR.



Article 23 of the



Provisions of this Act do not apply to all persons to whom the regulations apply

Decree of the President of the Republic of 4. October 1945, no. 105 Col., on

review of the activities of the committees for the cleansing of public employees,

as well as for persons covered by the law of 11 June 2002. April 1946, no.

83 Coll. on employment (teaching) proportions of Germans, Hungarians, traitors and their

accomplices.



section 24



(1) Where this Act speaks of the Official Gazette, the

means the Official Gazette.



(2) the authority of this Act shall be exercised by the Government of Slovakia Choir

the Board of Commissioners, the mandate given by Ministers in the Slovak Republic is exercised by Ministers in the

agreement with the competent appointees.



§ 25



This Act shall take effect on the date of publication. It shall be carried out by the Ministers

social welfare and justice, in agreement with the participating Ministers.



-The Text of the modified taking into account the mouth. Cust. No 153/1946 Sb.