Decree No. 102 / 1987 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on the employment and physical security of miners permanently unfit for work
Valid
Effective from 01.01.1988
102
DECLARATION
Federal Ministry of Labour and Social Affairs
of 15 December 1987
on the labour application and physical security of miners permanently unfit for work
According to Section 148a of the Labour Code No. 65 / 1965 Coll., as amended by Act No. 98 / 1987 Coll. and Section 275 (3) (c) of the Labour Code in agreement with the Federal Ministry of Finance, the Ministry of Labour and Social Affairs of the Czech Socialist Republic, the Ministry of Labour and Social Affairs of the Slovak Socialist Republic, the Ministry of Health of the Czech Socialist Republic, the Ministry of Health of the Slovak Socialist Republic and the Central Council of Unions:
Scope
(1) This decree applies to workers who:
(a) perform employment in the first working category in mining with a permanent place of work under the ground in deep mines, 1)
(b) carry out other employment in mining underground in deep-water mines (2) and have worked in such employment for at least 20 years or in the employment referred to in (a) for at least 15 years or in uranium mines for at least 10 years;
if, due to their state of health, they have become permanently unfit for work as a result of that work;
1. the disease of the profession (3) or the threat of the disease; or
2. the achievement of the maximum allowable exposure (4); or
3. occupational injury (3); or
4. other diseases arising from or significantly deteriorating from the work environment listed in the Annex to this Decree.
(2) This decree also applies to workers who are engaged in other mining activities under the ground in deep mines if they have become permanently unfit for work as a result of that work due to their state of health.
(a) occupational disease; or
(b) an accident at work.
(3) This decree also applies to workers who work with a permanent workplace in coal quarries and in shelters, 5) if they have become permanently unfit for work as a result of the work they have done for
(a) an occupational disease or a threat to that disease; or
(b) an accident at work; or
(c) other diseases arising from or significantly deteriorating from the work environment listed in the Annex to this Decree.
Work applications
(1) The worker referred to in § 1 (1) and (2) of the organisation
(a) transfer to another appropriate work in the underground of a deep mine; or
(b) transfer to another appropriate work on the mine surface; or
(c) release to another organisation.
(2) The worker referred to in § 1 (3) of the organisation
(a) convert to other appropriate work in coal quarries and on shelters; or
(b) transfer to another appropriate job outside a coal quarry or plot; or
(c) release to another organisation.
(3) When transferring these workers to another job or releasing them to another organisation, the organisation shall proceed according to the Labour Code.
(4) The organisation must keep a record of the transfer of a worker to another job and state in the employment certificate (6) the reason for the worker's release.
(5) Where the rights of a worker or other performance for his benefit are linked to the total period of employment (practice) or to the continuous duration of the employment relationship under the Specific Regulations (7) or collective agreements, these shall be considered as if the change or termination of the previous employment relationship referred to in paragraphs 1 and 2 had not occurred.
(1) Organisations shall, in cooperation with the competent authorities of the State Health Administration and in agreement with the competent trade unions, draw up lists of works and workplaces suitable for the transferred and released workers. In doing so, it shall ensure that the lists of works and workplaces are regularly, at least every two years, supplemented and adapted in accordance with the latest knowledge of science and technology, and that priority is given to the work and workplaces listed in the lists by personnel transferred and released under this Decree.
(2) Organisations shall include in their personnel and social development plans specific measures to address the working and living conditions of the workers transferred and released and give them individual care to speed up their work and social adaptation at the new workplace.
(1) Organisations are required to ensure that the transferred or released personnel are allowed to change or extend professional qualifications unless they ensure that this possibility is ensured by a new organisation. Therefore, in particular:
(a) ensure, in cooperation with the relevant National Committee8, the establishment of studies at work in the fields of teaching and study suitable for transferred and released workers according to the needs of the use of these staff and the needs of organisations to ensure their new job classification;
(b) in their own educational establishments (9), provide courses in the scope of theoretical teaching over 180 hours for selected working-class professions, which are classified in the III. qualification level, completed by the qualification test prescribed by the legislation or, where appropriate, by the national standard (hereinafter referred to as the "qualification test"). The professional qualifications of the worker thus obtained shall be equal to the professional qualifications required for the worker's profession;
(c) require the establishment of a post-graduate or specialisation studies10) in secondary schools allowing for the change, extension or specialisation of vocational education of transferred and released technicians.
(2) Admission to the study or course or qualification examination shall not be subject to the condition of prior experience in the field for which the change or extension of professional qualifications of the worker is to be achieved.
(3) During training or retraining, workers are remunerated in accordance with special rules. 11)
The change and extension of professional qualifications shall be assessed in any other organisation which employs the worker as a change and extension of the qualification of the worker in the interest of the organisation, if he is doing the work appropriate to that effect.
Organisations shall be required to ensure that their management bodies make use, in particular, of all the possibilities of their effective placement at other their workplaces in order to address the new workload of transferred or released personnel.
Material security
Departure
(1) The organisation shall grant severance payments to the staff referred to in § 1 (1) and (2) of the organisation:
(a) three times the average monthly earnings, 12) if they have worked for at least 15 years as a first working category in mining with a permanent place of work under ground in deep mines (uranium mines for at least 10 years) or for at least 20 years as a second working in mining underground mines or if they have suffered a work accident for which the organisation is fully responsible;
(b) twice the average monthly earnings if they have worked for at least 10 years as a first working category in mining with a permanent place of work under ground in deep mines (uranium mines of at least seven years);
(c) the average monthly earnings if they have worked for less than ten years as a first working category in mining with a permanent place of work under the ground in deep mines (in uranium mines less than seven years);
if they are transferred or released in accordance with § 2 (1) (b) and (c) and at half the amounts indicated if they are transferred in accordance with § 2 (1) (a).
(2) The organisation shall grant severance payments to the workers referred to in Paragraph 1 (3) of this Article:
(a) twice the average monthly earnings if they have worked for at least 15 years with a permanent place of employment in coal quarries and shelters or if they have suffered a work accident for which the organisation is fully responsible;
(b) one-and-a-half times the average monthly earnings if they have worked for at least 10 years with a permanent workplace in coal quarries and on shelters;
(c) the average monthly earnings if they have worked for less than 10 years with a permanent workplace in coal quarries and on shelters;
if they are transferred or released in accordance with § 2 (2) (b) and (c) and at half the amounts indicated if they are transferred in accordance with § 2 (2) (a).
(3) Workers who have been granted an invalidity pension because of the inability to perform any continuous job or because of their ability to pursue employment only under completely exceptional conditions, the organisation shall grant a severance pension of:
(a) six times the average monthly earnings, if they are for the staff referred to in Article 1 (1) and (2);
(b) four times the average monthly earnings for the staff referred to in Article 1 (3).
(4
(a) four times the average monthly earnings if they are for the staff referred to in Article 1 (1) and (2);
(b) twice the average monthly earnings for the staff referred to in Article 1 (3).
(5) Where the conditions laid down in the collective agreement are met, taking into account the new working grade of workers, their health status, age, work results and the needs of the supervisory authority, severance payments may be granted in accordance with paragraphs 1 and 2 up to twice the amounts referred to therein.
Other severance payments
(1) The organisation may provide additional severance grants to workers referred to in § 1 who have been transferred to other appropriate work on the mine surface pursuant to § 2 (1) (b) or released to another organisation pursuant to § 2 (1) (c) or released to another organisation pursuant to § 2 (2) (c) and have achieved a substantial change or substantial extension of professional qualifications under the conditions set out below.
(2) Further severance payments may be fixed by collective agreement up to the amount of:
(a) the average monthly earnings if the worker is to carry out a qualification examination in a related profession [Paragraph 4 (1) (b)];
(b) twice the average monthly earnings if the worker is to obtain a professional qualification which requires theoretical training to be completed in the total range of at least 200 hours and a qualification examination; 13)
(c) three times the average monthly earnings if the worker is to pass the final examination at the secondary vocational school in the agreed field of study;
(d) four times the average monthly earnings if the worker is to achieve complete secondary education in the field of study at the secondary vocational school or at another secondary school.
(3) The condition for granting further severance payments under the preceding paragraph shall be that a written agreement be reached between the organisation and the worker that the worker commences his studies no later than two years after the transfer or release, allowing him to obtain a substantial change or extension of the professional qualification upon completion. The Agreement shall in particular specify:
(a) the name of the new profession;
(b) the type of qualification;
(c) the manner and time of its acquisition;
(d) the amount of the further severance grant.
Upon completion of the agreement, the organisation shall, at the request of the worker in writing, pay additional severance payments at the agreed amount as soon as possible for the payment of wages.
(4) The agreement referred to in the preceding paragraph shall also be deemed to have been satisfied if the examination took place without fault of the worker within the next replacement examination period or within a period of not more than one year.
(5) Workers who have achieved a substantial change or a substantial extension of professional qualifications for the pursuit of the profession prior to release or who are returning to the profession (related profession) for whom they have prepared themselves before entering the mining sector may receive a further severance payment of twice the average monthly earnings. The condition for granting this additional severance grant is that the worker, in a written agreement with the releasing organisation, undertakes to remain in the new organisation in employment for at least three years and to carry out work corresponding to the newly acquired qualifications or qualifications obtained before entering the mining sector or to return the releasing organisation under the conditions set out in its collective agreement, such severance in proportion to the failure to fulfil the obligation taken over. The staff member shall apply for the payment of a further severance grant in writing to the releasing organisation at the earliest after six months of work in the new organisation and shall submit a certificate from the new organisation on the proper performance of the profession concerned. The organisation will pay additional severance payments as soon as possible for pay.
(1) The severance grants and other severance payments shall be granted at the rate of the corresponding multiple of the average monthly earnings established under the labour law before the first transfer or release of the worker after deduction of the wage tax at the rate applicable to the worker during that period. Departure and other severance payments shall be paid on the organisation's financial costs.
(2) The total amount of severance payments, including further severance payments under this decree and the current rules, may not, even after several transfers of staff members, be more than 10 times the average monthly earnings fixed under the preceding paragraph until their release for the reasons set out in this decree.
Salary compensation
(1) Workers referred to in § 1 who have been transferred to another work or made redundant to another organisation (§ 2 (1) and (2)) are entitled, unless otherwise specified, to pay compensation equal to the difference between the average gross earnings before the transfer or release and the gross earnings achieved in the new work or in the new place of work (hereinafter referred to as the "new place of work") for a period of three months. If a worker has a substantial change in his / her work, requiring a substantial change or extension of his / her qualification (Paragraph 8 (2)), which he / she could not have achieved at that time without his / her guilt, he / she shall be entitled to pay compensation for a further period of time necessary to achieve or extend his / her qualification, no more than six months after taking up the new place of work or, where necessary, to prepare for the qualification test for a total of 12 months.
(2) The wage compensation shall also be granted for the days for which the worker receives compensation for the salary or cash benefits of sickness insurance in replacement for the salary after the transfer to the new workplace; the wage compensation for the period of the provision of cash benefits to sickness insurance replacing the salary is due to the difference between those benefits which a worker would receive at an earlier place of work and those awarded at a new place of work.
(3) The wage compensation shall not be granted to the worker to whom the salary is due pursuant to Paragraph 115 (5) of the Labour Code and to a worker who, after a period of time determined for incorporation, does not achieve his own work due to the average performance achieved by workers performing the same work.
(4) The wage compensation shall be provided to the worker transferred to another work by the existing organisation; to a staff member of an organisation in respect of which he has entered the service, from other personnel costs at the time of payment of the salary. The amount of compensation granted shall be paid to the new organisation releasing organisations from other personnel costs after the end of the period for which the compensation is due.
(5) In the case of redundancy, the staff member shall be entitled to pay compensation only if he has entered the service no later than one month after the end of the previous employment or the end of his entitlement to the allowance before the new employment takes place; (14) an incapacity period of more than six working days shall not be taken into account.
(6) Workers transferred to another work or released to another organisation as a result of the achievement of the maximum allowable exposure shall be entitled, instead of compensation for a maximum period of one year after taking up the new place of work, to a supplement up to the average earnings achieved before the transfer or release.
Common, transitional and final provisions
If the worker referred to in Section 1 simultaneously meets the conditions for physical security under the special regulations, 15) it shall be granted material security under the regulation which is more favourable to him.
When travelling to and from the training site with trained and trained workers, it provides compensation for travel expenses as in the course of a business trip. 16)
Average earnings
For the purposes of compensation for damage caused by accidents at work or occupational diseases, the special allowance for miners 17) includes both in the average earnings before damage occurs and in the earnings after an accident at work or after the detection of an occupational disease. If the legislation provides for a better calculation of compensation for loss of earnings for the worker, 18) a special contribution to the miners shall not be included in the average earnings before damage occurs.
(1) The material security provided for in this Decree belongs to workers who have been transferred or released after its entry into force.
(2) Entitlements arising from workers before the date of application of this Decree are assessed in accordance with the existing rules.
(3) The severance grants provided for in Article 7 also belong to the workers referred to in Article 1 (1) (b) and (2), who have been transferred or released after 31 December 1982, unless they have been provided under the current rules. shall be paid on written application by the worker. Paragraph 9 also applies here.
The Federal Ministry of Labour and Social Affairs Decree No. 129 / 1979 Coll., on the employment and physical security of miners permanently unfit for work, as amended by Regulations No. 21 / 1982 Coll. and No. 145 / 1982 Coll.
Efficacy
This Decree shall take effect on 1 January 1988.
Minister:
M. Boda v. r.
Annex to Decree No. 102 / 1987 Coll.
List of diseases
emerging or significantly deteriorating effects of the working environment at mining sites and framework guidelines for their evaluation
1. Chronic Obstructive Pulmonary Disease
A significant deterioration is considered to be objectively demonstrable deterioration of spirometric functions to and below 75% of the relevant value. The evaluation shall also take into account the worsening effects of excessive smoking.
2. Pressurised disease (primary essential hypertension)
Objective evidence of change in hypertension, development of complications.
3. Extensive venous towns (varixes) of lower limbs
Expansion of varixes to the entire lower limb, formation of atrophic changes, chronic skin ulcer in the varicose complex.
4. Painful vertebral syndromes (painful vertebrate syndromes)
Repeated occurrence for at least one year with shortening of the interval between attacks, showing objective marks.
5. Reumatic inflammatory diseases of joints and muscles (progressive polyarthritis, spondylartritis ankylopoetica)
Moving to a higher disability stage, proof of disease activity, working in a moist and cold working environment.
6. Deformation arthritis on large joints
Significant anatomical changes and functional deterioration, continuously treated for at least one year, working in a moist and cold working environment.
7. Fungal diseases, psoriasis and chronic skin eczema
The spread of the disease process to other areas of the skin, repeated occurrence even in continuous treatment for at least one year, which makes it impossible or significantly reduces the medical fitness to work in deep mining workplaces.
8. Impairment of vision or hearing
Post-illness conditions deteriorating tendencies, decreased visual function or hearing areas below those established by safety regulations.
9. Urinary disease of the stomach and duodenum
Increased number of relapses, a clear reduction in resting intervals over the last two years, worsening nutrition (weight loss), the need for permanent diet.
10. Heart disease with ergonomically proven loss of heart function
All heart disease (defects, inflammation, ischemic heart disease, cardiopathy) which results in shortness of breath or exercise shortness of breath or are associated with signs of pain (angina of all types).
11. Ischemic disease of the limbs shown objectively by arteriography or other method
Cluster problems with deteriorating tendencies, working in a moist and cold environment.
12. Chronic or Recurrent Urinary Disease
All chronic kidney disease, chronic or recurrent bladder disease, in particular inflammation and neoplasms with urination disorders, worsening when working in a moist and cold environment.
13. Chronic inflammation of the centre (even unilateral) with repeated recessions
Repeated exacerbation in the last two years with pus discharge, working in workplaces with significant noise risk (determined by the health services).
14. Acute reactions of a psychotic nature with clinical manifestations occurring within three months of an accident at the workplace
Anxious reactions, for which the worker repeatedly asks for a severance of employment for health reasons; the diagnosis can be determined only after examination in the psychiatric ward or in the psychiatric hospital.
15. Inflation of the external ear canal
Repeated more severe inflammation of the external ear canal with an obvious causal link with increased dustness in the workplace.
For mines at risk of ionising radiation (uranium mines and other mines at risk):
16. Laryngeal cancer
A histological certificate is required for diagnosis.
17. Skin cancer
On repeated occurrence in the last two years. A histology card is required.
18. Persistent haematopoietic disorders
Anaemia lasting more than one year with a fall in red blood cells below 3.5 million in mm3 is difficult to treat; White blood cell decreases below 3500 and their sustained rise above 10,000 in mm3.
Notes:
(a) The medical advisory board (LPK) 1) shall follow the framework guidance given for each item in the opinion.
(b) The assessment of occupational disease and the risk of occupational diseases shall be governed by specific regulation.2)
1) Article 12 (1) (a) No 1 of Act No. 121 / 1975 Coll., on Social Security, as amended by Act No. 73 / 1982 Coll. Article II and Part I annexes to Government Decree No. 74 / 1982 Coll., on certain adjustments to sickness insurance and pension insurance for miners.
2) Paragraph 12 (1) (a) No 2 of Act No. 121 / 1975 Coll., as amended by Act No. 73 / 1982 Coll.
3) Article 190 of the Labour Code.
4) Paragraph 4 (1) of Act No. 98 / 1987 Coll., on a special contribution to miners.
5) Part II of the Annex to Government Decree No. 74 / 1982 Coll.
6) Paragraph 60 (1) of the Labour Code.
7) For example, Decree No. 159 / 1970 of the Federal Ministry of Labour and Social Affairs Coll., on the provision of remuneration for major work and life years.
8) § 12 of the Act of ČNR No. 77 / 1978 Coll., on State Administration in Education (full version No. 48 / 1984 Coll.). Section 12 of Act SNR No. 79 / 1978 Coll., on State Administration in Education (full version No. 50 / 1984 Coll.). Section 26 of the Decree of the Ministry of Education of the Czech Republic No. 124 / 1984 Coll., on secondary schools. Section 26 of the Decree of the Ministry of Education of the SSR No. 152 / 1984 Coll., on secondary schools.
9) Decree of the Ministry of Education of the Czech Republic No. 131 / 1983 Coll., on the Education and Education of Workers in Socialist Organisations. Decree of the Ministry of Education SSR No. 6 / 1984 Coll., on the Education and Education of Workers in Socialist Organisations.
10) § 32 of Decree No. 124 / 1984 Coll. § 32 of Decree No. 152 / 1984 Coll.
11) Revenue from the Federal Ministry of Labour and Social Affairs of 1.6.1971 II / 3-190 / 71-7208 / Sum on the remuneration of workers during training period (registered in the amount of 13 / 1971 Coll.). Decree of the Ministry of Education No. 140 / 1968 Coll., on work relief and economic security of students at work.
12) Section 275 of the Labour Code. § 30 to 34 of the Government Order No. 54 / 1975 Coll., implementing the Labour Code. Decree of the Federal Ministry of Labour and Social Affairs No. 112 / 1975 Coll., adjusting certain details of the survey of average earnings.
13) For example, the licence to operate and maintain steam and hot water boilers (ČSN 07 0710).
14) Articles 4 to 7 of Decree No. 74 / 1970 of the Federal Ministry of Labour and Social Affairs, which provides for the release, placement and physical security of workers in connection with the implementation of rationalisation and organisational measures.
15) For example, Decree No. 74 / 1970 Coll., as amended by Decree No. 4 / 1979 Coll. and Decree No. 128 / 1975 Coll.
16) Section 5 of Decree No. 33 / 1984 Coll., on Travel Refunds.
17) Act No. 98 / 1987 Coll.
18) For example, § 52 of the Decree of the Government of CSSR No. 54 / 1975 Coll.
1) Article 26 (3) of Directive No 49 / 1967 of the Ministry of Health Bulletin, as amended by Directive No 17 / 1970 of the Ministry of Health of the Czech Republic on the assessment of medical fitness for work. Section 27 of the Ministry of Health of the Slovak Socialist Republic of 20.5.1970 on the assessment of medical fitness for work published under No 17 / 1970. The SSR Ministry of Health Bulletin (registered in the amount of 24 / 1970 Coll.), as amended by the Directives of 15.12.1971 No. Z-3401 / 1972B / 2 published under No 8 / 1972 The SSR Ministry of Health Bulletin (registered in the amount of 13 / 1972 Coll.).
2) Instructions No 25 / 1973 Bulletin of the Ministry of Health of the Czech Republic. Reporting and registration of occupational diseases, professional poisoning and other damage to health from work. Directive of the Ministry of Health SSR of 17.5.1974 on the reporting and registration of occupational diseases and professional poisoning and other damage to health from work published under No 4 / 1974 of the Ministry of Health SSR Bulletin (registered at 18 / 1974 Coll.).
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Federal Ministry of Labour and Social Affairs No. 102 / 1987 Coll., on the employment and physical security of miners permanently unfit for work |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.12.1987 |
|---|---|
| Effective from | 01.01.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0