Decree No. 100 / 1953 Coll.
Decree to publish the measures of the Central Board of Trade Unions on the organisation and implementation of staff sickness insurance
Valid
Effective from 30.12.1953
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100.
Decree of the Prime Minister
of 30 December 1953
publishing the measures of the Central Board of Trade Unions on the organisation and implementation of staff sickness insurance.
The Prime Minister declares, pursuant to Article 4 (2) of Act No. 102 / 1951 Coll., on the rebuilding of national insurance, the attached measure of the Central Council of Trade Unions of 18 December 1953 on the organisation and implementation of staff sickness insurance, issued with the consent of the Government of the Czechoslovak Republic.
Dr Dolansky v. r.
Measures of the Central Council of Trade Unions
of 18 December 1953
on the organisation and implementation of staff sickness insurance.
With the agreement of the Government of the Czechoslovak Republic pursuant to § 4 (2) of Act No. 102 / 1951 Coll., on the Rebuilding of National Insurance:
Initial provision.
According to the principle that the management and decision-making of sickness insurance belongs to the workers, the new organisation and the implementation of sickness insurance for employees which is a component of national insurance is regulated. The new regulation is intended to improve the care of the worker and thus contribute to increasing labour productivity and living standards.
The sickness insurance of employees (hereinafter referred to as "sickness insurance ') is managed by the workers' association in the Revolutionary Trade Union Movement and is decided by them. The central board of trade unions is the leading body for staff sickness insurance.
(1) The funds for carrying out sickness insurance are State-owned socialist; revenue and expenditure are part of State revenue and expenditure.
(2) The funds to carry out sickness insurance are managed by the Revolutionary Trade Union Movement, separately from its equity. Such means cannot be used for other purposes; in particular they cannot be used to cover obligations other than sickness insurance. Otherwise, they shall be subject to the rules applicable to budgetary organisations.
The sickness insurance also includes the provision of family allowances, entertainment, selection recreation of the Revolutionary Trade Union Movement and selection recreation of school youth in the pioneer camps of the Revolutionary Trade Union Movement. Sickness insurance expenditure also includes the provision of subsistence allowances for staff in night care centres and for the construction, equipment and construction of cultural and physical facilities of the Revolutionary Trade Union Movement.
Persons whose activities under the applicable legislation are considered to be employees under this measure shall also be considered to be employed under this measure, as well as persons to whom sickness insurance benefits are granted in accordance with the special rules, mutatis mutandis with respect to staff; However, persons to whom sickness insurance benefits are provided by pension insurance authorities under special rules shall not be regarded as employees.
(1) A race means the workplace for which the race board is chosen.
(2) A small race means a workplace for which the race board is not elected and whose employees are not covered by the scope of another race board.
(3) The plants, after small plants, are not only production and commercial enterprises, but also authorities, courts, public administration facilities, other establishments, voluntary and other organisations, as well as private economies and households.
The sickness insurance of employees of the plant is carried out in establishments and trade unions (part two), the sickness insurance of employees of small plants is carried out in trade unions of workers in agriculture and the local economy (part three).
(1) The sickness insurance services of trade unions shall decide on the following benefits under the applicable rules:
(a) cash benefits for sickness insurance;
(b) family allowances,
(c) the fitting-out,
(d) special medical care;
(e) reimbursement of travel expenses for special medical treatment.
(2) The trade unions which carry out sickness insurance also decide to provide selective recreation of the Revolutionary Trade Union Movement and of school youth in the Pioneer camps of the Revolutionary Trade Union Movement under the Directives to be adopted by the Central Council of Trade Unions.
Implementation of sickness insurance in establishments and trade unions.
Tasks of trade unions.
The establishment shall be carried out, unless otherwise provided for in specific provisions, by sickness insurance:
(a) the staff of the plant, whether they are working in the plant or in an extended workplace or have been seconded to work outside the plant;
(b) employees of an establishment who do not work for a disease or for any other reason if the employment relationship to the establishment continues;
(c) former employees of the establishment, provided that they are still entitled to claim sickness insurance benefits under the applicable rules from their insurance in the establishment;
(d) members of the family of the staff referred to in (a) to (c).
(1) The Racing Board shall direct the implementation of sickness insurance in the establishment and ensure that it is implemented in accordance with the rules in force in accordance with the interests of workers and production and that its resources are properly managed. In carrying out its tasks, it shall be based on the broadest cooperation of the staff of the plant. The race board shall be responsible to the higher authorities of the trade union for carrying out sickness insurance in the establishment.
(2) Benefits for race staff shall be decided by the National Insurance Board as the body of the race board, after the National Insurance Working Committee; If the commission is not set up, the race board shall decide on the benefits.
(3) The helpers of the race board and the national insurance committees (workshops) in the races are the national insurance trustees.
(4) Expenditure incurred by the racing board and its bodies (confidants) in carrying out sickness insurance in the establishment shall be borne by the racing board from their own resources.
The department of trade union closest to the race board
(a) manage the activities of the racing councils in the field of sickness insurance and check that they carry out the tasks of carrying out sickness insurance in establishments;
(b) decide on appeals against decisions in batch cases (Paragraph 43 (1) and (2)).
(1) The Central Committee of the Trade Union (hereinafter referred to as the "Central Committee") manages and controls the implementation of sickness insurance in establishments in the field of which the Central Committee, in particular:
(a) manage and control the work of the lower trade unions in the field of sickness insurance and ensure that their level of work is increased;
(b) monitor the development of incapacity for work and take appropriate measures to reduce morbidity and unjustified absence;
c) Organises and controls the transmission to the spa, sanatorium, recovery and recovery facilities of the Revolutionary Trade Union Movement;
(d) decide on appeals against decisions in batch cases (Paragraph 43 (3));
e) collects insurance premiums (§ 21) and compensation for claims (§ 35 and 36);
(f) managing sickness insurance funds, keeping records of them and drawing up the accounts for the Central Board of Trade Unions;
(g) draw up each year a draft budget for sickness insurance and monitor the implementation of that budget;
(h) carry out the sickness insurance statistical service and prepare a comprehensive report on the state and development of the insurance for the Central Board of Trade Unions each year;
(ch) monitor and control the activities of sickness insurance establishments and ensure that the central authorities ensure that the administration of sickness insurance in establishments is properly carried out, issue the necessary instructions and remedy the deficiencies identified;
(i) keeps a register of insurance payers who are covered by sickness insurance; and
j) manage the activities of trade unions in the field of support facilities in establishments.
(2) The Central Committee is responsible for its activities in the field of sickness insurance to the Central Council of Trade Unions.
More detailed provisions on the competence of trade unions in the field of staff sickness insurance shall be laid down by the Central Council of Trade Unions.
Race duties.
(1) The plant is required to register with the Central Committee of the Trade Union in which its employees are associated: it must submit the application no later than 7 days from the date of its establishment or the date on which the conditions for insurance in the plant and trade union arose after the entry into force of this measure.
(2) The plant, its successor in title, or whoever is responsible for the winding-up of the plant, must lodge a check from the register of premium payers no later than 7 days after the date of expiry of the plant or the date on which the conditions for insurance in the establishment and trade union ceased.
(3) The plant is also obliged to report within 7 days any change in its name, registered office, membership of its employees to the trade union and change of day which is intended for the payment of wages in the plant.
(4) If the plant fails to comply with the obligations laid down in the preceding paragraphs, the Central Committee may prescribe a periodic penalty payment of between 20 CZK and 200 CZK.
(1) The record kept by the plant of employees also serves national insurance and must include the following information:
(a) the name and personal data of the staff member and the beginning and end of his employment;
(b) the income of the staff member for each pay period and its components;
(c) the names and personal data of dependent children for whom family allowances are granted under the applicable rules;
(d) the period of incapacity for work of the staff member for sickness or maternity;
(e) the duration of the military service of the staff member;
(f) sickness benefits paid, family allowances and allowances,
(g) staff members' unexcused working days (shifts),
(h) a record of whether the staff member receives the pension, which and to what extent, and other information necessary for the performance of the pension;
(ch) the dates on which the agreement of the District National Committee to negotiate the employment relationship is granted, if such agreement is necessary under the relevant rules.
(2) The staff member is obliged to communicate to the establishment the information needed to keep this register.
(3) The Ministry of Finance issues more detailed provisions on employee records in agreement with the Central Council of Trade Unions and the central authorities involved.
(1) The administrative work relating to the undertaking of sickness insurance in the establishment and the payment of cash benefits is provided by the establishment; the head of the plant is personally responsible for the implementation of these works.
(2) In the management of sickness insurance, the main accounting officer (s) of the establishment shall have rights and obligations as in the management of its own funds.
(3) The race is obliged to compensate for damage caused by malpractice; This is particularly true if it has issued incorrect documents according to which the sickness insurance authority has provided benefits to which it has not been entitled or has provided benefits higher than that which it has had under the applicable rules.
(4) The costs of administrative work are part of the operating costs of the plant and are not compensated for by sickness insurance.
(1) The usual administrative work relating to the undertaking of sickness insurance in the establishment shall be carried out by wage accounting establishments, after another staff member of the establishment having similar jurisdiction (hereinafter referred to as "wage accounting"). The wage accountant shall be obliged to take part in the deliberations of the authorities which decide on benefits in the establishment; shall have an advisory vote at the hearing.
(2) The Ministry of Finance shall, on a proposal from the Central Council of Trade Unions, lay down the details of the responsibilities of the wage accounting officer and his duties in carrying out sickness insurance in establishments.
Benefits granted by the sickness insurance union shall be paid by the plant. The race shall be obliged to pay the benefits regularly and on time, within the time limits and in the manner laid down by the Central Council of Trade Unions.
(1) The plant must keep prescribed accounting and statistical records of sickness insurance.
(2) The plant is obliged to submit to the Central Committee the required statistical, accounting and budgetary control reports on the implementation of sickness insurance.
(1) The plant is required to ensure that the authorised representatives of the trade unions carrying out and managing sickness insurance are made available at any time at work to the establishment all records and documents necessary to establish the accuracy of the calculation of insurance premiums and the payment of sickness insurance benefits and to enable them to conduct the investigations necessary for carrying out the insurance.
(2) Authorised representatives shall be obliged to maintain national, economic and professional secrecy. The obligation to keep secrets shall continue after authorisation has been terminated.
Insurance.
(1) National employee insurance premiums (hereinafter referred to as "insurance premiums") are the amounts payable by the establishment to that insurance.
(2) The premium rates and the assessment basis for the premium are governed by specific rules.
(1) A premium of up to 50% of its rate may be imposed on the insurance premium for the duration of the defects if the establishment does not comply with the rules on safety at work or with the national health authority's final decision of the labour inspection body.
(2) The premium shall be paid from the first day of the calendar month following the month in which the fault decision occurred. Where a time limit has been set for the correction of defects, the premium shall apply from the first day of the calendar month following the month in which it has passed without result.
(3) The central committee decides on the premium. Otherwise, premium provisions apply mutatis mutandis.
The insurance shall be paid for each calendar month; is due on the day of the race for payment of wages and salaries for the month in question. If this day is not specified, the premium shall always be due on the first day of each calendar month for all payment periods completed in the preceding month.
(1) The plant is obliged to calculate the premium itself for each month and to report it to the Central Committee.
(2) At the same time as the calculation of the premiums, the plant is required to report to the Central Committee the benefits it has paid for the month of the calculation and the benefits it has paid retrospectively for the previous period. These benefits shall be deducted from the reported premiums; However, benefits calculated incorrectly by a higher amount, benefits wrongly provided and benefits whose payment is not substantiated cannot be deducted.
(3) The insurance premiums due or the difference by which such premiums exceed the amounts declared shall be borne by the plant to the Central Committee without measurement.
(4) The Central Committee shall prescribe the plant by means of an insurance premium if it has not been properly or at all reported or if the benefits which cannot be deducted under paragraph 2 have been wrongly deducted. If the plant does not provide supporting documents for the assessment of premiums or for the examination of benefits, the Central Committee shall assess the premiums according to the dates of a similar plant of approximately the same size.
(1) The plant for which the wage and salary funds are drawn from the wage fund controlled by the Institute pays the premium and collects the funds for payment of benefits through the Money Institute and also provides the Central Committee with a statement of premiums and benefits. Reimbursement of insurance premiums and benefits shall be in the order of wages and salaries.
(2) The Institute of Cash shall not release funds to pay wages and salaries unless it receives a statement of premiums and benefits at the same time when selecting them. If the declared premium is higher than the declared benefits, the plant shall add a transfer order to the statement to cover the difference in favour of the Central Committee. However, if the benefits are higher than insurance premiums, the plant shall add a collection order to the amount of this difference to be settled at the core of the Central Committee; derogations from the general rules applicable to recovery orders are provided for by the Central Board of Trade Unions in agreement with the Ministry of Finance.
A plant for which no funds are being used for wages and salaries from a wage fund controlled by the Institute shall submit to the Central Committee a statement of premiums and benefits within 8 days of the due date of the premium. If the declared premium is higher than the declared benefits, the plant shall pay the Central Committee a difference within the same period. However, if the benefits are higher than insurance premiums, the Central Committee shall indicate to the plant the difference within 8 days of the date of receipt of the statement.
(1) If the plant does not pay the premiums due or the difference between the premiums declared and the premiums declared within 8 days of the due date, it shall be obliged to pay a penalty of 0,05% for each day of delay from the due date, but at least a total amount of 10 CZK; This penalty is also payable if the premium has been prescribed by the payment term.
(2) If the plant has not sent a statement of premiums and benefits to the Central Committee, the Central Committee may prescribe a penalty payment of between 20 and 200 CZK.
Claims under the previous provisions may be reported by the Central Committee to the establishment by a statement of arrears of premiums.
The payment notice shall be enforceable without prejudice to the legal authority; if 15 days have elapsed since its service; the statement of arrears of premiums is enforceable as soon as it has been delivered. The enforcement clause shall be attached by the Central Committee.
Under the recovery order issued by the Central Committee, the cash institution shall transfer funds from the race account to the Central Committee account to cover outstanding premiums and periodic penalty payments up to the amount evidenced by the enforceable payment balance or enforceable statement of arrears. Reimbursement shall be made in accordance with the rules on recovery orders, where unpaid premiums shall be in the order of wages and salaries.
On the basis of an enforceable payment notice or an enforceable statement of arrears of insurance premiums, unpaid premiums with accessories and periodic penalty payments may also be enforced by judicial execution.
(1) The right to measure premiums is limited within 5 years of the due date.
(2) If the race did not sign up for registration in the register of premium payers at all, the right to charge premiums at 10 years is hereby waived.
(3) The right to claim premiums shall be limited within 5 years of the due date; If the insurance has been assessed, this right shall be waived within 5 years of the date on which the plant was notified of its measurement.
(4) If an action has been taken to determine the amount of the premium, to measure or enforce it, a new limitation period shall begin from the date on which the race became aware.
(5) The provisions of the preceding paragraphs shall apply mutatis mutandis to periodic penalty payments.
Insurance or periodic penalty payments paid without legal justification shall be refunded without interest if they are requested back within 3 years after the end of the calendar year in which they were paid, unless the plant has another liability due from the implementation of national insurance. The cost of benefits already provided in the meantime shall be deducted from this premium.
More detailed rules on the payment and recovery of insurance premiums and periodic penalty payments, as well as on the collection of funds for the payment of benefits, shall be laid down by the Central Board of Trade Unions in agreement with the Ministry of Finance.
Compensation for damages.
(3) The provisions on the obligation to report an accident in which compensation may be claimed shall be issued by the Central Board of Trade Unions in agreement with the participating central authorities.
The procedure in batch matters.
(1) The entitlement to benefits applies to the person designated by the establishment, as a general rule, to the relevant wage accounting officer.
(2) The staff member is entitled to claim benefits for himself and his family members. A member of the family, after another beneficiary, may claim benefits directly due to him under the provisions on benefits.
(3) Detailed rules on benefits are laid down in the rules on entitlement to benefits.
The negotiation and decision-making of benefits must be carried out in such a way as to establish, as fully and effectively as possible, the actual situation of the case, in particular by hearing the party, and to decide quickly.
It is for the national health authorities to decide whether a staff member is unable to work and is implemented under special rules.
(1) If the National Insurance Board, the National Insurance Worker's Committee or the Racing Board grants a benefit, the benefit shall be granted and the decision shall not be notified to the applicant; If special medical treatment is granted, a written decision shall be taken.
(2) If the levy is not granted at all or to the extent requested, if the levy is withdrawn or if the amount of the levy is reduced or its payment stopped, the President of the Commission (race board) shall, in the case of its authorised member of the applicant, inform him expressly that he may request a written decision within 15 days. If the applicant requests a written decision, it shall reach him no later than 7 days after the date on which it requested it.
(3) The decision of the Commission (race board) on the obligation to return undue or overpaid benefits is always given in writing.
(4) The written decision shall contain a description of the authority which issued it, a brief statement of reasons, the date of issue and the notice of appeal.
(1) A staff member may appeal against a written decision which has been decided on a benefit for him or his family members; The same applies to the return decision.
(2) A member of the family of the staff member or any other entitled person may also be dismissed if he / she is entitled to a benefit which he / she may apply.
(3) The appeal shall be lodged within 15 days of the date of service of the written decision with the institution against which the appeal is directed. An appeal shall not be filed late if it has been lodged after the expiry of that period only because the information has been incorrect or if it has been lodged within the time limit with the non-competent authority.
(1) Where a National Insurance Board or a National Insurance Workshop Committee has decided, it shall submit an appeal to the race board with which it is established. The race board can grant the appeal itself. If it does not comply fully with it within 15 days, it shall immediately submit it to the decision of the trade union authority closest to it.
(2) If a direct decision has been taken by the race board since no National Insurance Board has been set up in the race, it will submit an appeal if it does not fully comply with it within 15 days; immediately to the decision of the most senior trade union body.
(3) Further appeals may be lodged with the Central Committee against the decision of appeal. The decision of the Central Committee shall be final.
Detailed rules on management and decision-making in batch cases shall be issued by the Central Council of Trade Unions in agreement with the Ministry of Justice.
Management in other things.
(1) The Central Committee decides on compulsory insurance, assessment bases, premiums, periodic penalty payments and other insurance relationship issues in the cases in question; the decision shall be given in writing.
(2) The written decision shall contain a description of the authority which issued it, a brief statement of reasons, the date of issue and the notice of appeal.
(3) An appeal may be brought before a court against a judgment. The provisions of the Civil Code on National Insurance Matters shall apply to jurisdiction and proceedings. Where those provisions refer to the Central National Insurance Corporation and its organisational components, this shall be understood as the relevant Central Committee.
Common provisions on management.
(1) Decisions of the trade unions in batch and other cases are given by definition. acquire legal power if they can no longer be challenged by an appeal.
(2) The measure is enforceable by judicial execution if it has acquired legal authority; the payment notice is enforceable (§ 29) without regard to legal authority.
(1) The Central Committee shall be party to the proceedings before the courts in cases covered by the measure in respect of the implementation of sickness insurance in establishments and trade unions.
(2) The Central Committee is also entitled on its own behalf to enforce insurance premiums, periodic penalty payments, compensation for benefits and compensation for claims under this measure.
Carrying out sickness insurance for employees of small plants.
(1) The sickness insurance for farm workers and their family members is carried out in the regional committees of the trade union of agricultural workers. The sickness insurance for employees of other small establishments and for their family members shall be carried out in the regional committees of the union of workers in the local economy. In order to carry out insurance, the regional committee of the trade union shall be responsible for the establishment of the small establishment.
(2) The Regional Trade Union Committee carrying out sickness insurance for employees of small-scale establishments (hereinafter referred to as the Regional Committee) has in particular the following tasks:
(a) decide on and pay benefits [Paragraph 55 (b)];
(b) monitor the development of incapacity for work in small establishments, continuously examine the causes of absence due to illness, take appropriate measures to eliminate the causes of illness, reduce morbidity and unjustified absence;
(c) decide on appeals in batch cases (§ 55 (c));
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Regulation Information
| Citation | Decree No. 100 / 1953 Coll., which publishes the measures of the Central Board of Trade Unions on the organisation and implementation of staff sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1953 |
|---|---|
| Effective from | 30.12.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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