Otázky úlohy pracovního práva při výchově k socialistickému vztahu k práci

An unseparable indispensable for the construction of an advanced socialist society is the spreading of the socialist attitude towards labour in the masses of working people. In fact the social consciousness is retardative in relation to the rapidly developing economy as well as in relation to the political evolution. The author proves it by facts taken from the practice of the socialist construction in the Czechoslovak Socialist Republic. At the present stage of evolution a great stress is being laid on the education having as its aim the socialist attitude towards labour. An important part incombs in that respect also to the labour legislation. On this conception is also based the Project of Principles of the Czechoslovak Labour Code, further refered to in the abbreviated form as the “Project of Principles”. The mentioned function of the socialist labour law becomes manifest first of all as far as the recruitment and the location of labour are concerned. Differently from the point of view of some of the socialist labour codes and of a part of the theory, the Project of Principles regulates these questions. Already the regulation in force is based upon the following fundamental principles: the initiative of the workers, the responsibility of the organization for the acquirement of workers and the care for them, the tasks of direction and control as incombing to the national committees, the participation of the trade-union organs. The Project of Principles still intensifies the putting into practice of this policy and at the same time facilitates the putting into practice of the right to work and by that means also the fulfilment of the duty to work in the interest of the community. An important juridical instrument of education, the aim of which is a socialist attitude towards work, is the determination of the duties of the workers and of the reciprocal duties of the organizations. The labour legislation in force regulates these questions uncompletely and inconsistently. Even the institution of labour regulations is not utilized in the Czechoslovak Socialist Republic. The fundamental duties of the workers and of the organizations should however be included in the law. The Project of Principles will remove the existing default. It is also useful to formulate in the labour law the principles of communist attitude towards labour, because this way it becomes an inspiration for the conscious workers; the Project of Principles has adopted this conception. In the Czechoslovak Socialist Republic the situation is not clear as far as the possibility of issuing labour regulations is concerned, because of the fact that no model labour regulations have been enacted. If the basic duties of the workers and of the organizations are fixed by the law, it is not necessary to issue labour regulations. The Project of Principles foresees two types of labour regulations: regulations valid for one organization and regulations valid for a whole branch. The labour regulations will be enacted by the head of the organization, in accordance with the competent trade union organ and will be binding from the day of publication. The Czechoslovak labour legislation in force is based on the principle of differentiation as far as some rights and some duties are concerned, with the aim to promote the honest and the assiduous workers and to disadvantage workers whose attitude towards labour is a negative one. The principle in question is applied chiefly in the following cases: the regulation of paid holidays, of the miners’ fidelity bonus, of the indemnity paid for damages caused by the worker in the execution of his profession and of the salary compensation paid during the time of military exercise. The Project of Principles takes over this differentiation and still enlarges it. This becomes manifest in the following sorts of measures: a) Certain rights or their extension depend on the uninterrupted duration of the existing relationship between the employee and the organization in question; b) as for certain rights, a given extent of them is fixed generally, valid for all the workers, but for workers with a good attitude towards labour further advantages are secured; c) finally, a series of rights are restricted because of not duly excused absences at work. The trade-unions will have to play a very important part in the execution of these dispositions. In the Czechoslovak socialist society very great is the importance of honorary as well as of pecuniary rewards for honest and assiduous fulfilment of labour tasks. The widest is the application of honorary and pecuniary rewards in the internal competition within the enterprises. It is impossible to regulate the organization of this initiative of the workers by means of legal rules. A very important section of socialist labour legislation is related to the regulation of disciplinary responsibility. A very small attention has however been paid in the Czechoslovak law to this problem; this resulted in the fact that the existing regulation is uncomplete. Generally only the categories of disciplinary measures are fixed. Penalty clauses on infringements of labour duties exist also within the system of bonus. The Project of Principles contains a detailed regulation also of these questions. An important problem represents the relation between the disciplinary responsibility and the application of other penalties, foreseen by labour legislation or other laws. The practice has finally adopted the point of view according to which an infringement of labour discipline constitutes a sufficient reason for a dismissal before time only when educational measures have been applied beforehand and remained without success. The Project of Principles proclaims explicitly the said principle as far as dismissal is concerned. Not sufficiently clear is the question when, because of some infringement of a labour duty, a right was reduced; the solution will depend on the evaluation of the concrete case. The disciplinary responsibility cannot be applied if for the infringement of a labour duty some measure has already been imposed by a State organ or if a criminal prosecution has been opened. The Czechoslovak labour legislation in force contains certain dispositions which have an educational effect as far as socialist attitude towards labour is concerned. Some important legal instruments are however not utilized; in this respect the Project of Principles brings about a redress. The regulation of the problems in question is extremely urgent.