Regulation Of The Council Of Ministers Of 11 June 1996 On The Mode Of Granting Leave Without Pay And Exemption From Work Employees Acting With Your Choice Of Functions In Trade Unions And The Scope Of Rights Workers During Leave For Free

Original Language Title: ROZPORZĄDZENIE RADY MINISTRÓW z dnia 11 czerwca 1996 r. w sprawie trybu udzielania urlopu bezpłatnego i zwolnień od pracy pracownikom pełniącym z wyboru funkcje w związkach zawodowych oraz zakresu uprawnień przysługujących pracownikom w czasie urlopu bezp

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On the basis of article. 25 paragraph 2. 12 and art. 31 para. 2 of the Act of 23 May 1991 on trade unions (Journal of laws No. 55, item 234.1994, No. 43, item 163, and of the 1996 No 1, item 2, no. 24, item 110 and No. 61, item 283) are managed as follows: § 1. 1. a request for the grant of leave to perform the function of Association outsourced work, if the choice is clear duty to perform this function as an employee, the employer may apply to the federal organization in which the employee is to perform the function.

2. Organization of the Union should request referred to in paragraph 1. 1, at least 14 days before the proposed date of commencement of leave without pay, indicating the period for which it is to be granted.

3. The employer shall grant leave without pay for the period indicated by the Union; the granting of leave at another time may be only for important reasons, on the basis of the agreement of the employer with the Union Organization.

§ 2. Trade Union Organisation, on whose application an employee has been granted leave without pay shall notify the employer of the termination of the mandate of the employee. In this case apply mutatis mutandis provision art. 74 of the labour code.

§ 3. During the period of leave without pay, the employee retains the right to uniforms and to use the dwelling or other living space, occupied before leave free, if the employer is entitled to specify the conditions for the taking up by the employees of such place or premises.

§ 4. 1. The employer shall, on a proposal from the Executive Board of the factory trade union organization, free the worker from the obligation to perform work for a period of the term of Office of the Board of this organization, if the trade union organization in the proposal establishes the works that the circumstances justifying the grant of the exemptions referred to in article 1. 31 para. 1 of the Act of 23 May 1991 on trade unions (Journal of laws No. 55, item 234.1994, No. 43, item 163, and of the 1996 No 1, item 2, no. 24, item 110 and No. 61, item 283).

2. the request of the Board of Directors of the factory trade union organizations should include: 1) an indication of the employee to whom the exemption from work to be granted, 2) an indication of the circumstances justifying the grant of exemption from work, 3) indicate that the exemption from work to be granted with the right to remuneration or free of charge, 4) defining a dimension and the exemption period.

§ 5. 1. the Management Board shall inform the employer is obliged to trade union organizations of the works about the termination of the circumstances entitling the employee to benefit from the exemption from work.

2. in the event of cessation of the circumstances referred to in paragraph 1. 1, the employee is required to join the work.

§ 6. 1. the remuneration from the employer, the employee's statutory exemption period, shall be determined according to the rules for the calculation of the cash payment for annual leave. In the calculation of this remuneration, additional remuneration for work under conditions harmful to health, challenging, particularly burdensome, disruptive or dangerous, account shall be taken, if at the time of release from work continues the existing worker exposure to such conditions.

2. the remuneration shall be determined again if changes in the remuneration of public employees or professional group, which the employee would have been covered if received from the exemption from work.

§ 7. The use by an employee of the exemption from the part-time work does not deprive it of those powers, which, in accordance with the provisions of labour law, are subject to perform work on a full-time basis.

§ 8. The employee benefiting from exemption from work retains the right to benefits arising from employment with the employer providing the exemption, in accordance with the provisions governing the rules for the granting of such benefits.

§ 9. Employees who at the date of entry into force of this regulation with unpaid leave or exemption from work granted under the regulation of the Council of Ministers of 19 May 1992 on the provision of free vacations and exemptions from workers exercising with your choice of functions in trade unions (Journal of laws No. 45, item 201), shall have the right to continue to use that leave or exemption for existing conditions until the end of the period which has been granted unpaid leave or exemption from work, unless you will be the expiry of their mandate.

§ 10. Loses power regulation of the Council of Ministers of 19 May 1992 on the provision of free vacations and exemptions from workers exercising with your choice of functions in trade unions (Journal of laws No. 45, item 201).

§ 11. [1] Regulation shall enter into force after 14 days from the date of the notice.



President of the Council of Ministers: w. Cimoszewicz [1] Regulation shall enter into force on 12 July 1996.

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