Act No. 1 / 2012 Coll.
Act amending Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws
Valid
Effective from 05.01.2012
1
THE LAW
of 9 December 2011
amending Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Employment Act
Act No. 435 / 2004 Coll., as amended by Act No. 168 / 2005 Coll., Act No. 202 / 2005 Coll., Act No. 253 / 2005 Coll., Act No. 350 / 2005 Coll., Act No. 382 / 2005 Coll., Act No. 57 / 2005 Coll., Act No. 115 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 214 / 2006 Coll., Act No. 379 / 2007 Coll., Act No. 113 / 2006 Coll., Act No. 159 / 2007 Coll.
1. in Articles 1, 18 (2) and 103, the words "the European Communities" shall be replaced by the words "the European Union";
2. footnote 1 shall read:
"(1) Council Directive 68 / 360 / EEC of 15 October 1968 on the abolition of restrictions on the movement and residence of workers of Member States and their family members within the Community. Council Directive 76 / 207 / EEC of 9 February 1976 on the implementation of the principle of equal treatment between men and women as regards access to employment, vocational training and promotion and working conditions. Council Directive 89 / 48 / EEC of 21 December 1988 on a general system for the recognition of higher education diplomas awarded after the completion of at least three years of vocational education and training. Council Directive 90 / 364 / EEC of 28 June 1990 on the right of residence. Council Directive 90 / 365 / EEC of 28 June 1990 on the right of residence of employed persons and self-employed persons after their employment. Council Directive 92 / 51 / EEC of 18 June 1992 on the second general system for the recognition of vocational education and training, supplementing Directive 89 / 48 / EEC. Council Directive 93 / 96 / EEC of 29 October 1993 on the right of residence for students. Council Directive 94 / 33 / EC of 22 June 1994 on the protection of young workers. Directive 95 / 46 / EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Directive 96 / 71 / EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. Council Directive 2000 / 43 / EC of 29 June 2000 establishing the principle of equal treatment between persons irrespective of racial or ethnic origin. Council Directive 2000 / 78 / EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Directive 2002 / 73 / EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76 / 207 / EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions. Directive 2009 / 52 / EC of the European Parliament and of the Council of 18 June 2009 on minimum standards for penalties and measures against employers of illegally staying third-country nationals. ';
3. In Article 5 (e) (2), the words "or without a green card, if required under this law" and "or without a blue card, if required under this law" shall be deleted.
4. In Article 5 (e), the following point 3 is added:
'3. where a natural person is a natural person who carries out work for a legal or natural person without a valid residence permit in the territory of the Czech Republic, if required under a special legislation (3), '.
5. in Article 6 (1), the following point (g) is inserted after point (f):
"(g) provide, in a manner which allows remote access to the authorities responsible for granting a public benefit, aid, subsidy, contribution or procurement, data from the records of natural and legal persons who have been fined in a final manner for allowing illegal work to be carried out pursuant to Article 5 (e) (3),"
Point (g) shall be renumbered as point (h).
6. in Article 6 (1) (h), the words "further" shall be inserted after the words "work and" and the words "and the registration of legal and natural persons who have been fined in a final manner for allowing illegal work to be carried out in accordance with Article 5 (e) (3)" shall be added at the end of the text.
7. In Article 6, at the end of paragraph 1, the dot is replaced by a comma and the following points (i) and (j) are added:
"(i) assess the risks associated with the performance of illegal work as referred to in Article 5 (e) (3) and identify the risk sectors of economic activities in which such illegal work is concentrated;
(j) submit to the European Commission, by 1 July each year, a report on the number of checks carried out in the previous calendar year in each risk sector, the result of those checks and their percentage of the total number of legal and natural persons engaged in each risk sector. "
8. In Article 6 (2), "(g) 'is replaced by" (h)';
9. In Article 6, the following paragraph 3 is added:
"(3) The records of legal and natural persons who have been fined in accordance with § 5 (e) (3) shall contain:
(a) the trading firm or the name of the legal person or the name and, where appropriate, the name and surname of the natural person;
(b) the identification number of the legal or natural person;
(c) the amount of the fine imposed;
(d) the date on which the decision imposing the fine became final.
Data in this register shall be kept for as long as legal or natural persons are excluded from participating in public benefits, aid, subsidies, contributions or procurement. ';
10. in Article 8a (1) (l), the words "further" and the words "after the word" children "shall be inserted" and the words "and the records of natural and legal persons who have been fined by a final decision for the purpose of allowing illegal work to be carried out under Article 5 (e) (3)" shall be inserted.
11. In Article 75 at the end of paragraph 5 and in Article 76 at the end of paragraph 2, the sentence "The contribution shall not be granted to the employer for a period of 3 years from the date on which the decision to impose a fine is taken to enable the illegal work to be carried out under Article 5 (e) (3)."
12. in Paragraph 75 (8), the following point (k) is inserted after point (j):
"(k) the employer's undertaking to repay the contribution without delay if it was granted within a period of 12 months before the date on which the decision to impose a fine on the employer for the purpose of enabling illegal work to be carried out pursuant to Article 5 (e) (3) and the period for the refund of the contribution is taken,";
Point (k) shall be renumbered as point (l).
13. in Article 76 (6), "k" is replaced by "l."
14. In Paragraph 78, at the end of paragraph 4, the final part of the provision "The contribution shall not be granted to the employer for a period of 3 years from the date of the acquisition of legal power by a decision imposing a fine for the purpose of enabling the illegal work to be carried out under Section 5 (e) (3)."
15. In Paragraph 78, at the end of paragraph 8, the dot is replaced by a comma and the following point (f) is added:
"(f) failure to grant a contribution where a fine has been imposed on the employer for the purpose of enabling illegal work to be carried out in accordance with Article 5 (e) (3) and the decision to impose such a fine has not been passed for 3 years since the date of the acquisition of legal power."
16. In Paragraph 78 (10), the words "amount; failure to fulfil this obligation 'are replaced by the words" amount; Similarly, the employer shall be obliged to repay the allowance where it has been granted within a period of 12 months before the date on which the decision on the imposition of a fine is taken to enable the illegal work to be carried out pursuant to Article 5 (e) (3). Failure to fulfil these obligations'.
17. In Paragraph 87 (1), the first sentence is replaced by the sentence "Where a citizen of the European Union, his family member (§ 3 (2)), a family member of a Czech citizen referred to in § 3 (3), a stranger referred to in § 98 (a) to (e) and (j) to (r), who is not required to be employed, or a foreigner who is required to be employed, the employer or the legal or natural person who has entered into a contract with a foreign employer on the basis of which these persons have been seconded to the territory of the Czech Republic for the performance of the tasks arising from that contract, shall inform the relevant regional branch of the employment office in writing, at the latest on the day on which they take up."
18. in Paragraph 98 (p) and (r), the words "the European Community" shall be replaced by the words "the European Union";
19. In Paragraph 102, the following paragraph 3 is inserted after paragraph 2:
"(3) The employer is obliged to keep copies of documents proving the validity of the stay of a stranger in the Czech Republic for the duration of the job and for a period of 3 years from the end of the employment of that stranger."
Paragraph 3 shall become paragraph 4.
20. In Paragraph 111, the sentence "Material aid for the creation of new jobs or material aid for the retraining or training of new workers shall not be added at the end of paragraph 5 to the employer for a period of 3 years from the date on which the decision on the imposition of a fine is taken to enable the illegal work to be carried out in accordance with Section 5 (e) (3) '.
21. in Paragraph 111 (6), the following point (i) is inserted after point (h):
"(i) the employer's undertaking to repay the material aid without delay in the event that it was granted within a period of 12 months before the date on which the decision to impose a fine on the employer for the purpose of enabling illegal work to be carried out pursuant to Article 5 (e) (3) and the period and conditions for the recovery of the material aid, ';
Point (i) shall be renumbered as point (j).
22. in Paragraph 111 (7), the following point (k) is inserted after point (j):
"(k) the employer's undertaking to repay the material aid without delay in the event that it was granted within a period of 12 months before the date on which the decision to impose a fine on the employer for the purpose of enabling illegal work to be carried out pursuant to Article 5 (e) (3) and the period and conditions for the recovery of the material aid,";
Point (k) shall be renumbered as point (l).
23. In Paragraph 118, the following paragraph 5 is added:
"(5) The contributions provided for in Sections 112 to 114, 116 or 117 shall not be granted to the employer for a period of 3 years from the date of the acquisition of legal power by a decision imposing a fine for the purpose of enabling illegal work to be carried out under Section 5 (e) (3). ';
24. in Article 119 (2), the following point (h) is inserted after point (g):
"(h) an undertaking by the employer to repay the contribution provided for in paragraphs 112 to 114, 116 or 117 without delay in the event that it was granted within a period of 12 months before the date on which the decision to impose a fine for the purpose of enabling illegal work to be carried out under Section 5 (e) (3) was taken, the period and the conditions for the reimbursement of the contribution,"
Point (h) shall be renumbered as point (i).
25. in Article 119a (8) (b), "2" is replaced by "3."
26. In Paragraph 120 (1), the words "the European Community 'are replaced by the words" the European Union'.
Article 27 (136) reads:
A legal or natural person shall have at the place of work copies of documents proving the existence of an employment relationship and documents which he is required to keep pursuant to Paragraph 102 (3). ';
28. in § 139 (1) (d), the words "under § 5 (e) (1) or (2)" shall be inserted after the word "work."
29. In Article 139, the following point (f) is added at the end of paragraph 1:
"(f) allow illegal work to be carried out in accordance with Article 5 (e) (3)."
30. in Article 139 (3) (e), the words "and (f)" shall be inserted after the words "(d)."
31. in Article 140 (1), the words "under Article 5 (e) (1) or (2)" shall be added at the end of point (c).
32. in Paragraph 140, the following point (e) is added at the end of paragraph 1:
"(e) allow illegal work to be carried out under Article 5 (e) (3)."
33.In Article 140 (4) (f), the words "and (e)" shall be inserted after the words "(c)."
34. In Article 141, the sentence "In determining the amount of the fine for an offence referred to in Article 139 (1) (f) or for an administrative offence referred to in Article 140 (1) (e), account shall be taken of the amount of the amount which a legal or natural person is required to pay under Article 141b (1) (b) shall be taken of."
35. The following Sections 141a and 141b are inserted after Section 141, including the title and footnotes 90 and 91:
"Liability of employers and other legal or natural persons
(1) For the payment of a fine imposed on an offence pursuant to Article 139 (1) (f) or an administrative offence referred to in Article 140 (1) (e), a legal or natural person who is liable by a legal or natural person who has enabled a stranger to perform illegal work under Article 5 (e) (3) shall, in the course of a commercial relationship, provide a transaction as a subcontractor directly or through another person; Even the middleman is guaranteed. The guarantee is only provided that they were aware of the illegal work referred to in Article 5 (e) (3), or that they should have known and could have known about the illegal work provided for in Article 5 (e) (3), or that they had been able to do so when due care was given.
(2) The Office shall give a decision on whether the guarantee referred to in paragraph 1 has been established and who is the guarantor. The administrative procedure referred to in the first sentence may be initiated no later than 90 days from the date on which the decision to impose a fine on an offence pursuant to Article 139 (1) (f) or an administrative offence pursuant to Article 140 (1) (e) takes effect.
(1) A legal person who has been fined for an administrative offence pursuant to Paragraph 140 (1) (e), or a natural person who has been fined for an infringement pursuant to Paragraph 139 (1) (f), shall be required to pay:
(a) foreigners who have carried out work pursuant to Article 5 (e) (3), the remuneration due,
(b) an amount equal to the sum of the amounts corresponding to
1. general health insurance premiums, including penal90),
2. social security insurance, including penal21) which would otherwise be obliged to pay under other legislation; and
(c) the costs relating to the service of the remuneration due under (a), including to the State of which the alien is a citizen or, if he is a non-citizen, to the State of his last permanent residence or, where appropriate, to another State in which he is authorised to reside.
(2) The remuneration due under paragraph 1 (a) shall be deemed to be at the rate of the basic monthly minimum wage rate 91) for each month of the duration of the illegal work provided for in Article 5 (e) (3). It's believed that a stranger has been working for three months.
(3) A legal or natural person who has allowed a stranger to carry out illegal work under Paragraph 5 (e) (3) shall be liable for the fulfilment of an obligation under points (a) and (c) of paragraph 1 by a legal or natural person who has provided a performance as a subcontractor, directly or through another person, in the course of a business relationship; Even the middleman is guaranteed. The guarantee is only provided that they were aware of the illegal work referred to in Article 5 (e) (3), or that they should have known and could have known about the illegal work provided for in Article 5 (e) (3), or that they had been able to do so when due care was given.
(4) The Office shall decide whether the guarantee referred to in paragraph 3 has been established and who the guarantor is. The administrative procedure referred to in the first sentence may be initiated no later than 90 days from the date on which the decision to impose a fine on an offence pursuant to Article 139 (1) (f) or an administrative offence pursuant to Article 140 (1) (e) takes effect.
90) Act No. 592 / 1992 Coll., on Insurance for General Health Insurance, as amended.
91) § 111 of the Labour Code. '.
Transitional provisions
1. The obligation to return the investment incentives provided under § 111 and the contributions to the instruments and measures of active employment policy pursuant to § 75 and 76, § 112 to 114, § 116 and 117, as well as the contribution provided under § 78 of Act No. 435 / 2004 Coll., as effective from the date of entry into force of this Act, shall not apply in relation to agreements to grant an investment incentive or contribution concluded before the date of entry into force of the Act.
2. Obligations pursuant to Sections 87 (1), 102 (3) and 136 of Act No. 435 / 2004 Coll., as effective from the date of entry into force of this Act, are required to comply with the legal and natural persons who employed foreigners until the date of entry into force of this Act within 3 months of the date of entry into force of this Act.
Amendment to the Public Health Insurance Act
In Article 2 (5) of Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws, as amended by Act No. 424 / 2003 Coll., the words "which perform illegal work in the territory of the Czech Republic pursuant to § 5 (e) (3) of the Employment Act, as well as persons, shall be inserted after the words" exempt persons, ".
Amendment to the sickness insurance law
In § 9 of Act No. 187 / 2006 Coll., on sickness insurance, the current text is renumbered as paragraph 1 and the following paragraph 2 is added:
"(2) Persons who are not citizens of the Czech Republic or citizens of the European Union and who are employed in the Czech Republic without a valid residence permit in the Czech Republic under another legislation are also excluded from insurance. 6)."
EFFECTIVE
This Act shall take effect on the day of its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 1 / 2012 Coll., amending Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.01.2012 |
|---|---|
| Effective from | 05.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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