255/2005 Sb.



LAW



of 3 July 2003. in May 2005,



amending the Act No. 2/1991 Coll., on collective bargaining, as amended by

amended



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 2/1991 Coll., on collective bargaining, as amended by Act No.

519/1991 Coll., Act No. 118/1995 Coll., Act No. 155/1995 Coll., Act No.

220/2000 Coll., Act No. 151/2002 Coll. and Constitutional Court

declared under the No. 199/2003 Coll., is amended as follows:



1. section 7, including the footnotes # 4a, 4b and 4 c is added:



"section 7 of the



(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 authorities

work ^ 4 c) and publish it in a manner allowing remote access. The Office of the

the work allows everyone who so requests, consult the collective

the Treaty of higher degree, whose binding character was extended to other

of the employer.



(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.



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. "



2. in paragraph 7 the following new section 7a, which including the footnotes # 4 d,

4E and 4f:



"§ 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.



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. ".



Article II



This Act shall take effect on the first day of the month following the date on

its publication.



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