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The Amendment Of The Decree On The Racionaliz. And Org. Measures

Original Language Title: novela vyhlášky o racionaliz. a org. opatřeních

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4/1979 Sb.



DECREE



the Federal Ministry of labour and Social Affairs



of 19 December 2003. December 1978



amending and supplementing Decree No. 74/1970 Coll., which regulates the

the release, placement and physical security of workers in the context of the

implementation of rationalisation and organisational measures



The Federal Ministry of labour and Social Affairs in agreement with the Central

the Council of trade unions shall be determined according to § 43 para. 1 (b). (b)) Law No 133/1970

Coll., on the scope of federal ministries, and § 275 paragraph 2. 3 code

work:



Article. (I)



Decree No. 74/1970 Coll., which regulates release, placement and

the physical security of workers in the context of the implementation

rationalisation and organisational measures shall be amended and supplemented as follows:



1. sections 1 to 3, including headings:



"§ 1



The scope of the



(1) this Decree shall govern the procedure for the release, transition and

placement of workers in the context of the implementation of structural changes in the

the national economy, with the liquidation of inefficient operations, reducing

the administrative and management apparatus and with other racionalizačními or

organizational measures and as a result of the application of the prohibitions of certain work

and workplaces for women, the physical security of these workers in the transition

a new job and before its onset and their demands in the area of

sickness insurance scheme.



(2) this Ordinance shall apply to the



and) workers released from employment for organizational reasons (§

46 para. 1 (b). a) to (c)) of the labour code-full text of the No 55/1975 Coll.)

and the workers released from employment as a result of the application of the

prohibitions of certain work and workplaces for women (section 150 of the labour code),

for these reasons, the release will notice the Socialist

the organisation or arrangement, as well as to workers who are not

employment uvolňováni, but according to other provisions of this

the Decree within the same organization either will go into any other establishment, or

them a significant change in work activity,



(b)) members of production cooperatives released from Member ratio based on

the dismissal of the production cooperative or cooperative agreement according to the statutes of the

the reasons for the respective reasons for the termination of employment referred to in

(a)), as well as members who are not from a member of the ratio

uvolňováni, but according to other provisions of this Ordinance, within the same

the organization either will go into any other establishment, or have substantial occurs

change in work activity,



(hereinafter referred to as "personnel").



(3) the Ordinance does not apply to workers with an employment relationship

terminated for other reasons; It does not apply to workers, for which the

occurs without termination of employment to the transfer of rights and obligations of the

their labor relations to another organization under section 249 and 250

the labour code, if it's not about workers, which at the same time from the

organisational reasons experience a significant change in work activity,

where appropriate, the transition of workers referred to in part four.



PART THE FIRST



§ 2



The procedure for the release of the workers



(1) upon the release of workers under the Organization progresses

work.



(2) the Organization releases mainly workers, which are the prerequisites

for easier placement and the incorporation of transfer to other workplaces. Shall take into account

in particular to the possibility of the use of the qualifications of personnel, where appropriate,

retraining for the new production or other professions. Special account

It is required to take, in addition to the cases referred to in § 47 para. 2 code

work on older workers before the creation of the entitlement to old-age pension and

serious family reasons (e.g. spouse employment, school

attendance, or apprenticeship of children). For employees who are to be

relaxation, makes use of all the possibilities of their particular organisation effective

the location of the other workplaces (article 46, paragraph 2, of the labour code)

or work places the same economic unit of production.



(3) if it is not possible to place a worker, which is to be released, in the framework of the

the Organization, the organization is obliged to, in cooperation with the National Committee

personnel to effectively assist in obtaining a new suitable job,

his new job to ensure, where appropriate (section 47 of the labour code) and

follow its release and another location so that the transition to the

the new site was smooth and only in exceptional cases, it was necessary to use the

the measures for the physical security of the worker under the third section (section 4 to

7). Releasing organization is required to effectively help in obtaining

a new suitable job workers whose employment has been

cancelled in the new organization of the trial period. When placing of workers

Organization and national committees shall take into account their interests and justified by

needs.



(4) the organisation shall in a timely fashion, usually at least 4 weeks before

would the workers should be given notice of termination, to familiarize them with the

political-economic reasons for the release, as well as with the assistance they

will be provided when you obtain a new job. If the worker

interested to go into a new job before the date, when the employment relationship

end up on the basis of testimony or already concluded agreements, is releasing

the Organization required to comply with his request, unless important

operational reasons. In the agreement on termination of employment is the reason

termination of employment.



(5) the provisions of paragraphs 2 and 3 shall not apply to cases where it is

worker released at their own request, and on the transition of workers because of the

socially the most significant structural changes and other

rationalisation measures (part four).



PART TWO



§ 3



Material security during the transition to a new job and in the relevant

change in work activity



(1) in this section is provided for the physical security of workers in their

the transition to a new organization, or a substantial change in their

the work of the existing organization, for reasons mentioned in paragraph 1 of the

paragraph. 2 If this is not a transition under the provisions of part four (§ 8 to

16).



(2) A worker who, after termination of employment without

undue delay takes a job in another organization, it is

wage compensation in the amount of the difference between average gross earnings on

the main place of work (section 275 of the labor code) and EES

design on a new workplace, since the advent of the new job after

for 3 months; If a worker experiencing a significant change in his

work activities, requiring a substantial change or significant extension

the qualifications, which could not be achieved without your guilt in that time,

It must pay compensation for the additional time necessary to achieve

or extension of the qualification, but no longer than for a period of 6 months in total,

or when you need to prepare for the final apprenticeship exam a maximum of

for a period of 12 months from the onset of a new job.



(3) a substantial change or significant extension worker qualifications

for these purposes, shall be deemed to be the acquisition of new knowledge and skills

training of at least 150 teaching hours; in doing so, the workers '

the profession must go about preparing for the final apprenticeship examination-

or about training or retraining-on at least 3.

qualifying degree. Other cases the qualification may change

a substantial change, or a significant extension of the qualification recognised by the competent

the central authority in agreement with the competent authority after the consent of the Trade Union

the competent Ministry of labour and Social Affairs.



(4) Pay compensation shall be granted even for the days for which a worker is receiving in the

the new organization to pay the wages or sickness insurance cash benefits

wage replacement; wage compensation for the period of the provision of cash benefits

the sickness insurance scheme to replace the wage shall be equal to the difference

among these benefits, which a worker has received in an earlier organization, the

and benefits of the figurines in the new organization. Wage compensation shall not be granted

personnel, which, after the time set on the incorporation does not reach at work

own fault, in particular as a result of checked or bad

work ethic average performance of those workers

performing the same job.



(5) Pay compensation to the worker in terms of grants intended for

the payment of wages of the organization that it has adopted to employment, from other

personal costs. ^ 1) the amount of the wage settlement shall reimburse the

the Organization releasing the organization from other staff costs, for

end of the period for which payroll is for the settlement.



(6) Personnel, that when you go into a different organization to carry out the

the work for which it has to train or retrain, is accepting

the organization is obliged to ensure, without undue delay and at his own expense

such training or retraining and reward him for that period in accordance with

legislation applicable to the receiving organization.



(7) if the worker or other performance in his favour are, according

the wage regulations in force in the new organization tied to the continuous

the duration of the employment relationship (a member of the cooperative's member relationship),

This condition when you go for a worker under this Ordinance


without undue delay to the new employment (member relationship

a member of the cooperative) fulfilled. Record of inclusion in the

personal file of the worker and shall be specified in the confirmation of employment. This does not

without prejudice to the legal provisions on detection of average earnings.



(8) Personnel, that enters into a contract of employment in the recruitment conducted by the

national committees, it is also the elements provided in this recruitment

under the specific legislation. ^ 2)



(9) If a worker that is not organizations released from

the employment relationship, for the reasons stated in § 46 para. 1 (b). a) to (c))

the labour code (article 1 paragraph 2) a significant change in work activity,

requiring a substantial change, or a significant extension of the qualification

(paragraph 3), it must pay compensation in the amount and for the period specified

to in paragraph 2 and in paragraph 4. The wage settlement provides the worker

Organization of the other personal costs. ^ 1) on the obligation of the Organization

to train or retrain the worker, and about his compensation at this time

the provisions of paragraph 6 shall apply mutatis mutandis. ";"



1) Decree No. 157/1975 Coll., on streamlining the payroll development and remuneration

work.



2) in particular, Decree No. 33/1974 Coll. on allowances and compensation that is

give workers completed the recruitment by the national committees.



2. in article 3, the following title is inserted:



"PART THREE" ^ 3)



3) in the third part of the decree are in sections 4 to 7 of the conditions of entitlement to

physical security before taking a new job (in particular

post before taking the new job provided by the District National

Committee), which remain unchanged.



3. section 8 to 17, including headings:



"PART FOUR



Transition and the physical security of workers in socially

the most important structural changes and other rationalisation

measures



THE FIRST SECTION



The most significant structural changes



§ 8



(1) the transition because of the socially most significant structural changes

for the purposes of this order the transition (to the employment of a worker to

another organization, or within the same organization without termination

of employment) of the repealed the establishment, whose annulment is specifically

set out a national plan for the development of the national economy of CZECHOSLOVAKIA as a source

the labour force for the production establishment, this establishment,

If there is a



and included in the State plan) for the development of the national economy of CZECHOSLOVAKIA into

the list of rated events to a more efficient use of fixed assets

směnností or higher



(b)) put into operation on the basis of the investment construction hard action

set out a national plan for the development of the national economy of CZECHOSLOVAKIA or

centrally assessed.



(2) in the transition because of the socially most important structural

changes (paragraph 1), it is for workers to pay the settlement, Essentials

referred to in the Decree No. 33/1974 Coll. on allowances and compensation that is

give workers completed the recruitment by the national committees,

where appropriate, they may be granted under the conditions set out below the increased recruitment

post.



§ 9



(1) the wage settlement belongs to the worker the amount laid down in § 3

paragraph. 2, since the advent of a new workplace for 3 months;

When buying training or retraining, that a worker could not without

terminate your guilt in that time, it must pay compensation even after

the additional time necessary to its completion, but no longer than a total of 6

months, or when you need to prepare for the final apprenticeship exam

(on at least 3 of the qualifying degree) for a maximum period of 12

months from the onset of the work on the new site.



(2) Pay compensation shall be granted also for days when a worker is receiving the

new workplace wage compensation or health insurance benefits

replacing the wage, in the amount and under the conditions laid down in section 3, paragraph 3. 4;

in the case of the transition of the worker within the same organization, the

for past and a new organization of the original and the new workplace.



§ 10



(1) the staff referred to in § 8 para. 1 for the recruitment allowance and

the other conditions laid down in Decree No. 33/1974 Coll. in the amount and under

the conditions laid down, even if the worker has an employment contract

recruitment conducted by the national committees. Recruitment allowance and other

requirements, it is for a maximum duration of three years; in the case of a worker,

who has concluded an employment contract when recruiting conducted by national committees,

the provisions of section 10 of the Ordinance.



(2) the recruitment contribution referred to in paragraph 1 is not, personnel

If he admits the organization increased the recruitment allowance (section 11); other

the particulars referred to in paragraph 1 shall be taken in this case, the maximum duration of

of three years.



§ 11



(1) the place of recruitment to the post that he belonged under section

10, paragraph 1. 1 may, with the consent of the parent organization to admit

Central Authority has been granted by agreement with the competent Trade Union body

increased recruitment post up to six times the average gross

monthly earnings, whose worker was before moving on to a new

workplace (section 10 (2)).



(2) the granting of increased recruitment allowance is subject to the negotiation of

a written agreement about the remaining worker in the employment relationship to the Organization after the

for at least 5 years; by this time does not count time base

(alternative) military service, the period of additional maternity leave and the time when

worker or the worker do not conduct work due to permanent care

child younger than 3 years.



(3) Increased recruitment post provide organizations in the differentiated

the amount depends on the length of the commitment to remain in employment, as needed

training on the new site, based on the distance of the workplace to which

the worker is transferred, from the place of residence, and according to the problems encountered by the worker

and his family emerge, according to selected areas and by size

in conversion of working groups. The Federal Ministry of labour and

Social Affairs may, in agreement with the Federal Ministry of finance,

The State Planning Commission and the Central Council of trade unions, and after consultation with the

the Ministry of labour and Social Affairs of the Czech Socialist Republic and the

the Ministry of labour and Social Affairs of the Slovak Socialist Republic

establish the principle of the differentiation of the increased recruitment of posts and

their maximum amount or limit the provision of recruitment and

increased recruitment of posts (para. 10 and 11).



(4) the amount of the increased recruitment of the contribution shall be laid down in a written agreement

the total amount. Parts of 1/5 of the total amounts are payable in

date of commencement of the work after the transition of the worker and after half a year, and the end of the

the first, second and third year of the duration of the employment relationship to the Organization after the

the transition of the worker.



(5) if the employment relationship is Ended before the expiry of the five-year or longer period

agreed in a written agreement (paragraph 2), the worker is obliged to return the

proportion of the total amount of increased recruitment post

corresponding to the period by which the agreed duration was shortened to work

employment, with the exception of cases where the obligation has not been fulfilled, because

the organisation has breached the relevant obligations towards the worker

According to the contract or law, or has not been fulfilled from

because of an accident at work, occupational disease or for

risk for the disease. The organization may, with the approval of the parent body

and the race Committee waive the refund paid by the increased CORNER

the recruitment contribution of other serious reasons.



§ 12



For each neomluveně zameškanou shift in the period before the next installment is

running out another installment of the recruitment allowance (section 10) and increased recruitment

contribution (section 11) 1/12; When you zameškání short shift

each part shall be added together.



section 13 of the



In addition to the recruitment allowance (§ 10), where appropriate, in addition to the increased recruitment

contribution (§ 11), workers do not provide other posts of a similar

the recruitment of character under the specific legislation. The same is true when

overlapping the other formalities provided by workers when they

transition under the provisions of this section. ^ 4) in particular, it excludes the accumulation

These recruitment posts with recruitment posts in accordance with the rules on

provision requirements in recruiting to selected organizations in the territory of hl.

the city of Prague and in the doosídlování border region. The worker shall be granted

the recruitment post that is more favourable for him. The date on which it is for the

better post, you cannot provide the post has not yet paid; If

It has already been paid to the worker, cleared its proportional part. When

the overlapping of other transactions arising from special provisions

the worker provide performance for him. The provisions of this

paragraphs do not relate to the possible overlapping of the recruitment allowance or

increased recruitment post stabilization allowances and rewards.



SECTION TWO



The other most significant rationalisation measures



§ 14



The transition due to other socially the most significant rationalisation

the measure is for the purposes of this order the worker to the worker transition


relative to the other organization, or move within the same organization without

termination of employment, from an establishment in which, as a result

rationalisation measures (article 46, paragraph 1, point (a). a) to (c)) of the labour code)

reduces the number of workers in other manufacturing establishments designated by the Central

If the worker must because of this transition change location

stay or arise or further perpetuating significantly adverse conditions,

in particular, in connection with transportation to that establishment.



§ 15



(1) in accordance with § 14 is for the worker to pay compensation

pursuant to section 9.



(2) the organization may, with the consent of the parent to admit workers

Central Authority has been granted by agreement with the competent Trade Union body

increased recruitment post up to three times the average gross

monthly earnings, whose worker was before moving on to a new

workplace, and under the conditions referred to in section 11 (1) 2. for differentiation

of this contribution, the maximum amount, or to limit its

the provision for its payment, for the worker's obligation to return its

a proportion of its payments for the reduction and the provisions of § 11 (1) 2

up to 5 and § 12.



(3) under section 14 is not worker recruitment post

nor are the other conditions laid down in Decree No. 33/1974 Coll., if

the worker has an employment contract when recruiting conducted by the national

committees (section 10). Even if the employment contract is concluded in the recruitment

conducted by national committees, a matter for worker recruitment post

under that Decree, unless the organisation admitted the increased recruitment

post (paragraph 2). In the event of overlapping of increased recruitment

the post and other posts of a similar nature apply recruitment

the provisions of § 13.



THE THIRD SECTION



section 16 of the



(1) in the transition of workers under this section (§ 8 to 15) applies to

the obligation of the Organization to train or retrain the worker accepted for

the employment provisions of § 3 para. 6; If it is a move within the same

organizations, this provision shall apply mutatis mutandis. On the assessment of

employment relationship worker who goes without undue delay

to another organisation, the provisions of § 3 para. 7.



(2) the wage settlement at crossing points under this part provides

worker organizations, which it adopted in the employment relationship,

where appropriate, the Organization, under which a worker switched without termination

employment at another workplace (§ 8 paragraph 1, section 14). The same applies to

recruitment allowance (section 10) and other constituent parts pursuant to Decree No.

33/1974 Coll., where, under the provisions of § 11 (1) 2 of that Decree

not paid by the District National Committee, as well as the increased recruitment of the contribution

(section 11). The wage settlement provides organizations within the deadlines specified for

the payment of wages from other staff costs, 1) recruitment post

the other requirements laid down by Decree No. 33/1974 Coll. and increased recruitment

contribution shall not be included in the salary, but the organization is reimbursed by

as the financial costs to be paid to the population.



(3) Increased recruitment allowance is not included in the basis for findings

average earnings. ^ 5)



PART FIVE



Common and final provisions



§ 17



Claims in the health insurance



(1) the claims of belonging in the field of sickness insurance for workers

subject to this Ordinance, shall be assessed in accordance with General regulations

and according to the other provisions of this Ordinance. ^ 6)



(2) In calculating the prescribed reckonable earnings, out of which shall be repeated

sickness insurance cash benefits replacing wages, does not include

wage settlements, contributions provided by the recruitment conducted by the national

committees and posts provided pursuant to the provisions of part four (§ 10 and

11), with the exception of the post. ^ 7)



(3) the transition of workers covered by the Decree,

for the purposes of health insurance for workers for the advent of a new job

also considered the onset of the work on the new workplace of the same organisation.



(4) upon termination of the releasing organization pass its rights and obligations

in the field of sickness insurance on the receiving organization, where appropriate,

the authority conducting the liquidation. After the end of the liquidation provides

sickness insurance cash benefits sickness Management District

the relevant insurance according to the permanent residence of the worker. The company being acquired

the organization is required to confirm before the end of his activity involved the

all necessary documents for the implementation of the right to benefits

insurance. ".



4) Eg. Decree No. 33/1974 Coll. on allowances and compensation that is

give workers completed the recruitment by the national committees,

the yield of the Federal Ministry of labour and Social Affairs of 3 June. 11.

1976 REF. F/1-1046/76-1112 for the provision of the terms and

for apprentices, gained by recruiting and vnitroresortními transfers from other areas

CSSR to selected organizations in the territory of hl. Prague (registered in the

the amount of 29/1976 Coll.), Decree No 62/1970 Coll. on the provision of recruitment

contributions and other benefits in the defined territory frontier doosídlencům,

Decree No. 96/1967 Coll. on compensation of travel, removal and other

the Federal directive of the Ministry of the expenditure, labour and Social Affairs of the

on 14 June 2005. January 1972 REF. II/1-126/72-7501 to perform some

the provisions of Decree No. 96/1967 Coll.



5) see also the provisions of § 1 (1). 1 (b). (e)), and (b). f) Decree No.

112/1975 Coll.



6) claims of occupational social security schemes which are covered by

This Decree regulates Decree No. 128/1975 Coll., implementing the

the law on social security, in particular in the provisions of § 2, 11, 14, 15 and

136.



7) see also the provisions of § 2 (2). 1 (b). and) Decree No. 143/1965 Coll. in

amended by Decree No. 113/1975 Coll.



4. under section 17 of the connecting section 18 to 21, including headings:



"section 18



Average earnings and the obligations of the releasing organization



(1) upon crossing the workers covered by this Decree,

for the purposes of determining average earnings for the advent of a new job

also considered the onset of the work on the new workplace of the same organisation, and for

the former and the new organization of the original and new departments of the same organization.



(2) the Releasing organization is required to issue a personnel, who

new employment, a confirmation of his previous average

gross monthly earnings and-after consultation with the receiving organization

the period of time the worker must be strictly zaškolován or přeškolován-

include the time that it will be provided to pay compensation (section 3

paragraph. 2, § 9 para. 1, § 15 para. 1).



(3) Personnel, that after the end of the employment relationship will be eligible to apply for

post before taking a new job (section 4), is releasing

the Organization shall issue on request a certificate of its average

the net monthly earnings, and about other facts related to its

employment in the Organization, decisive for assessment of entitlement to

post before taking a new job.



§ 19



The garbage collector and the transition of members of production cooperatives



(1) where in this Ordinance refers to the provisions of the labour code in

connection with the rozvazováním of employment, means the members of the

production co-operatives the corresponding provisions in the articles of Association of cooperatives of

the cancellation of the Member relationship. The ratio for members of the production

teams means the Member ratio.



(2) the provisions of this Decree on cooperation with the Trade Union authorities

Member relations members of production cooperatives do not apply.



(3) claims in the field of sickness insurance of members of production cooperatives are

governed by the provisions of § 17 of this decree with the differences arising from the

Decree No. 88/1967 Coll., on sickness insurance of members of production

cooperatives.



section 20



Removal of hardness



If, upon implementation of this Decree, may have arisen

the Federal Ministry of labour and Social Affairs in agreement with the Central

the Council of trade unions at the request of the federal Central Authority, and

with regard to the request of the central authority of the Republic, in agreement with the competent

the Ministry of labour and Social Affairs of the Republic, to enable individual

justified cases an exception from the provisions of the Ordinance, if it is not a

the amount of the contributions and refunds.



section 21



Cooperation with trade union bodies



For the preparation and delivery of all structural changes and other

rationalisation and organisational measures under this Ordinance is to be

develop appropriate political-organisational measures. When their

development and implementation of flow through the parent organisation and authorities in

close cooperation with the competent trade authorities. ".



5. sections 15, 16 and 17 shall be renumbered as sections 22, 23 and 24. ^ 8)



8) contain provisions on the repeal of Decree No. 86/1967 Coll., as amended by

Decree No. 132/1968 Coll., transitional provisions and the provisions of the day

the effectiveness of Decree No. 74/1970 (17. 7.1970); These provisions

remain unchanged.



Article II



Changes resulting from this Decree shall apply to the procedure for organisations in

the release of the workers from the date of its effectiveness. Physical security


This order is for the workers, whose employment ends after

day 15. March 1979, and workers within the same organization either

go to any other establishment, or have a material change occurs, the working

activities after that date.



Article. (III)



This Decree shall take effect on the date of publication.



Minister:



Štanceľ in r.