Act No. 103 / 1964 Coll.
Law on the security of cooperative peasants in sickness and on the security of the mother and child
Valid
Effective from 01.07.1964
Contents
ČÁST PRVNÍ
Hlava první
§ 1
§ 2
§ 3
§ 4
Hlava druhá
§ 5
ČÁST DRUHÁ
Hlava první
§ 6
Díl první
§ 8
§ 9
§ 10
§ 12
§ 14
§ 15
§ 16
§ 17
§ 18
Díl druhý
Oddíl první
§ 19a
Oddíl druhý
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
oddíl třetí
§ 28
oddíl čtvrtý
§ 29
oddíl pátý
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 35a
§ 35b
Díl třetí
§ 36
§ 37
Hlava čtvrtá
§ 88
Hlava šestá
§ 90
§ 91
§ 93
§ 95
§ 98
§ 99
§ 100
Hlava desátá
Hlava jedenáctá
§ 118
ČÁST TŘETÍ
Díl třetí
§ 147
§ 148
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103
THE LAW
of 4 June 1964
on the security of cooperative peasants in sickness and on the security of the mother and child
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
Scope of sickness and maternity and child security
The creation and demise of the health and safety of the mother and child
Protection in the illness and security of the mother and child is created by the cooperative on the day of the creation of membership of the cooperative, but not before the actual start of work. This security will expire on the day on which the cooperative's membership ceased.
Duration of sickness and maternity and child security
(1) A cooperative who, under an agreement on working conditions, is to work in a cooperative for only part of a calendar year, or who has been released by the cooperative from the performance of the work, shall be subject to security in the sickness and security of the mother and child only at the time that he was to do or did the work under that agreement.
(2) A cooperative who, under an agreement on working conditions, operates only occasionally and irregularly according to the needs of the cooperative, is involved in the security of the sickness and the security of the mother and child within the scope of the implementing regulation.
A co-worker is involved in security in the illness and security of the mother and child at a time when he is working abroad for the cooperative.
Exemptions from sickness and maternity and child security
A co-worker who, under an agreement on working conditions, is to carry out work of such magnitude that the remuneration is less than 120 CZK per month shall be excluded from sickness and maternity and child security.
Treatment preventive care
Collaborators and their family members shall be provided with preventive care on the same conditions and to the same extent as workers.
Health and safety of the mother and child
Benefits from sickness, maternity and child security and pension insurance
Benefits from sickness, maternity and child security and pension insurance are:
A. disease security:
1. cash benefits:
(a) sick persons,
(b) support for the treatment of a family member;
(c) death grants;
2. benefits in kind:
spa care;
B. mother and child security:
(a) compensation for pregnancy and maternity,
(b) maternity allowance;
(c) aid at the time of birth of the child;
(d) child allowances;
C. from pension insurance:
1. pensions
(a) old-age;
(b) invalidity and partial invalidity,
(c) widower,
(d) orphans;
(e) wives,
(f) personal,
(g) social;
2. pension education;
3. increase in pension and education for helplessness.
Diseases
Sickness
(1) The sickness allowance is the place of employment if the member of the cooperative has been recognised as temporarily unable to carry out his work in the cooperative for illness or accident. A member of a cooperative admitted to institutional care in a preventive care facility shall always be deemed to be incompetent to perform a cooperative activity.
(2) The sickness allowance is granted from the first day of the temporary incapacity to carry on a cooperative for sickness or accident (hereinafter referred to as "incapacity for work") until the end of the incapacity for work or the recognition of invalidity (partial invalidity). However, sickness benefits shall be granted for a maximum period of one year from the start of incapacity for work ("support period ').
(3) In the case of new incapacity for work, the previous incapacity periods shall also be included in the support period if they fall within one year before the new incapacity arises. However, those periods shall not be counted if:
(a) the performance of the work on the cooperative or in the previous employment relationship has lasted at least 6 months from the end of the last incapacity for the disease; or
(b) new incapacity for work has been caused by an accident at work (occupational disease).
The previous period of incapacity for work caused by accidents at work (occupational disease) is also not included in the support period.
(4) The sickness benefit may be granted after the end of the period of support provided that, according to the competent authority, a member of the cooperative can be expected to acquire working capacity within a short period of time; However, it may be provided in this way for a maximum period of one year from the end of the support period.
(5) In the case of spa care, sickness care shall be provided at the time of incapacity.
(6) The sickness benefit is also paid for the duration of the quarantine ordered under the rules on combating communicable diseases.
(1) The sickness benefit is determined on the average daily salary of a member of the cooperative, but not more than 150 CZK, including the value in kind provided as part of the remuneration (hereinafter referred to as the "average daily wage"). The basis for calculating the average daily wage shall be the income from the work which a member of the cooperative has achieved in the period laid down in the implementing rules before the establishment of an incapacity for work or before the quarantine regulation.
(2) If the cooperative's average daily wage is lower than the average daily wage recorded from the minimum wage to which the cooperative's entitlement would arise in the calendar month in which the average daily wage was needed, the average daily wage shall be increased to an amount corresponding to the average daily wage recorded from the minimum wage; This applies mutatis mutandis to the use of a likely deductible income.
(3) The sickness benefits for working days and holidays for which compensation is granted to workers.
(1) The sickness allowance per working day is 90% of the average daily wage.
(2) However, for the first three working days of incapacity for work, the sickness rate is 70% of the average daily wage. In the event of an incapacity for work caused by an accident at work (occupational disease), or in the course of quarantine, they shall be entitled for the first three working days to 90% of the average daily wage.
The pensioner of an old-age, invalidity or personal pension to whom a pension continues to be paid in the course of his or her occupation in the cooperative shall be entitled to sick leave in the event of incapacity for work only if he or she has been responsible for the sickness and security of the mother and child for at least three months immediately prior to the occurrence of incapacity for work. The sickness allowance shall be granted for the same incapacity for a maximum period of 60 working days, for multiple incapacity for a maximum period of 60 working days in one calendar year. These restrictions do not apply if incapacity for work is caused by an accident at work (occupational disease).
Incapacity to work for active tuberculosis shall be at the rate of the average daily wage of which the sickness was established, but not more than 150 CZK per working day, if the incapacity for work for that reason lasts more than a month.
(1) There is no entitlement to sick leave for those who have incapacity for work
(a) intended to lure out sick persons; or
(b) caused by participation in a fight; or
(c) as an immediate result of his drunkenness or misuse of narcotic drugs; or
(d) in committing an intentional offence for which the law provides for a custodial sentence whose upper limit exceeds one year.
(2) If a member of the cooperative has family members, they may be paid sickness benefits of up to three quarters in such cases; where they do not have family members, sickness payments may be made up to half in the cases referred to in paragraph 1 (b) to (d).
(3) If a member of the cooperative infringes the rules on the reporting of incapacity for work and on the behaviour and bio-management of patients issued by public health authorities, the sickness allowance may be temporarily reduced or withdrawn; However, if a member of the cooperative has family members, the sickness allowance may only be reduced by a quarter at most.
Support for family care
(1) Aid for the treatment of a member of the family belongs, under the conditions laid down below, to a member of a cooperative who cannot work because he must:
1. treat a sick child under 10 years of age; or
2. care for a child under 10 years of age because
(a) a children's educational establishment under the care of which the child otherwise is, or the school to which he is attending, has been closed by the order of the competent authorities; or
(b) the child cannot be in the care of a child education establishment or attend school for an ordered quarantine; or
(c) a person who otherwise takes care of the child has become ill or has been ordered to be quarantined (quarantine measures) or has given birth and therefore cannot take care of the child; or
3. Treat another sick member of the family if his or her condition requires urgent treatment by another person.
(2) The condition for providing support for the treatment of a family member is that a child or a sick family member lives with a member of a cooperative in the common household and that there is no one else in this household who can care for the child or treat the sick; compliance with the requirement of a common household is not required if the care of a child under 10 years of age is not a parent and is not a parent in the household in which the child lives, no one else who can treat or care the child. If the care of a sick child or another sick family member is involved, it is another condition that the sick person cannot be placed in a hospital or is not suitable.
(3) Aid for the treatment of a member of the family shall be granted for a maximum period of the first seven working days if the need for care persists.
(4) A member of a cooperative who has at least one child in permanent care until the end of compulsory education and is otherwise lonely, support for the care of a member of the family is granted for a maximum period of the first 13 working days if the need for care (care) persists.
(5) The rules on sickness insurance apply mutatis mutandis to the fixing of aid and its rates.
(6) In the same case, the aid belongs to only one beneficiary.
(7) Aid for the treatment of a member of the family shall not be granted where the treatment of a member of the family falls within a period for which a member of the cooperative is not entitled to another cause of employment or if he is a cooperative who, under the agreement on working conditions, does not work in the working places of the cooperative but does work at home for the cooperative.
Funeral
(1) If a cooperative has died, his survivors who have given the funeral shall be buried in the amount of 1000 Kcs. The deceased are the spouse, the companion, the children, the parents, the grandparents, the siblings, the father-in-law, the son-in-law, the son-in-law and the daughter-in-law.
(2) If the funeral was carried out by someone other than the survivor, the funeral expenses shall be paid to him up to the amount of the cost of proof, but not more than 1000 CZK. However, funerals are not applicable if the funeral was carried out on the basis of an obligation under the contract or on the basis of official duties.
(3) If a cooperative has issued a funeral to his family member, he shall be entitled to a death of a family member under two years of age of 200 Kcs, death of a family member under ten years of age of 500 Kcs and death of a family member over ten years of age of 800 Kcs.
Spa care
(1) Cooperatives and their family members may be granted spa care under the same conditions and to the same extent as workers.
(2) Spa care is provided to cooperative members and their family members on account of sickness and maternity and child security in spa facilities.
Mother and child security
Compensation for pregnancy and maternity
(1) A co-worker who has performed a job which is prohibited from pregnant women or who, according to a medical opinion, is a threat to their pregnancy and is therefore temporarily transferred to another job in which he has achieved a lower income than his previous work, without fault. *)
(2) The provisions of the preceding paragraph shall apply mutatis mutandis to mothers until the end of the ninth month following birth.
(3) The compensatory allowance in pregnancy and maternity shall be granted at the rate of the difference between the average wage earned by the cooperative during the period laid down in the implementing rules before the transfer to another work and the wage received in each calendar month following such transfer. The reduction in the working income of the cooperative shall not be taken into account; the amounts of income exceeding on average 150 CZK per working day are also disregarded.
(4) The compensation allowance shall be granted for the period for which the cooperative is entitled to work or compensation after transfer to another work; in pregnancy, it shall be granted no longer than the beginning of maternity leave and after the termination of maternity leave no longer than the end of the ninth month following birth.
Maternity leave and assistance in motherhood
(1) Cooperatives are entitled to maternity leave for 28 weeks during pregnancy and maternity in connection with childbirth and childbirth. At the end of the period, the co-operative to deepen maternity care guarantees the right to further maternity leave until the child reaches the age of one year.
(2) In pregnancy and maternity during maternity leave and, in some cases, for a part of another maternity leave, the coworkers are secured by means of sickness and maternity care for the mother and child of cooperative peasants under the conditions and to the extent laid down in this law.
(3) Money in maternity care belongs to the place of employment or to the place of the cooperative's sickness if, in the last two years before birth, at least 270 days of security in the sickness and security of the mother and child of the cooperative peasants have been involved. In this period, there are also earlier periods in which the cooperative in the last two years before the birth
(a) have taken part in sickness insurance under the rules applicable to workers or members of production cooperatives;
(b) have been involved in the social security of self-employed persons and, for the period prior to 1 May 1990, in the protection of artists, citizens providing benefits in kind and performance on the basis of the authorisation of the national committee, or in the protection of individual farmers and other self-employed persons,
(c) have been involved in the armed forces in sickness care;
(d) has been a beneficiary of social security pension;
(e) receive sickness or maternity benefits after the completion of the security (insurance, care);
(f) have been kept in the register of the National Committee as a candidate for employment following the end of the employment, membership of the production cooperative, school attendance or study.
(4) Where the periods referred to in the preceding paragraph cover each other in time, they shall be counted only once.
(5) The maternity allowance also belongs to a cooperative who has participated in at least 270 days of pension insurance (insurance, care) in the last two years prior to childbirth under the preceding paragraphs, if it takes a withdrawal period from its former sickness insurance (§ 37) at the beginning of the sixth week before the expected or actual date of birth, or if, until that time, it receives sickness benefits from such sickness insurance.
(6) To pregnant women and breastfeeding mothers, the cooperative allocates easier work appropriate to their condition as recommended by the doctor.
(1) Cash support in maternity shall be granted for a period of 28 weeks of maternity leave from the beginning of the sixth week preceding the expected date of birth, but not earlier than the beginning of the eighth week before that date, unless otherwise specified.
(2) If the co-worker has spent less than six weeks on maternity leave before childbirth, because the birth occurred before the doctor has determined it, the maternity allowance shall be granted until the expiry of the period laid down in the preceding paragraph or in Sections 23 and 24. However, if the cooperative is exhausted from maternity leave before childbirth for less than six weeks for another reason, it shall be granted monetary assistance in maternity only until 22 weeks after the date of birth, and if it is a cooperative referred to in § 23 or § 24, only until 31 weeks after the date of birth.
(3) If a cooperative entitled to maternity benefit is granted until the beginning of the sixth week preceding the expected date of childbirth, it shall be entitled from the beginning of that week to sickness benefit.
(4) In the cases referred to in Paragraph 20 (5), maternity allowance shall be granted from the beginning of the sixth week before the expected date of birth.
(1) Cash support for maternity shall be determined from the average daily remuneration of the cooperative established in the manner indicated for the sick worker (§ 9) for the period laid down in the implementing rules, before the date on which she ceased to work for pregnancy or maternity, but not more than 150 CZK, including the value in kind provided as part of the remuneration. If, during pregnancy, the cooperative was transferred to other work for health reasons or had been reduced by working time for such reasons, the basis for calculating the average daily pay, if it is more favourable to her, is the income from the work for a specified period prior to that change.
(2) Cash assistance in maternity is for working days and holidays for which the cooperative is paid compensation or for which the monthly salary is not otherwise reduced.
(3) The amount of maternity allowance is 90% of the average daily wage.
If the cooperative gives birth to two or more children at the same time, she shall be granted monetary assistance in maternity even after the period laid down in Paragraph 21 has been exhausted, provided that she further cares for at least two of the new-born children, but no longer than 37 weeks after the date on which the benefit is granted.
A co-worker who is unmarried, widowed, divorced or, for other serious reasons, lonely, not living with a species, shall be provided with monetary assistance in maternity care, even after the period laid down in Section 21 has been exhausted, but no longer than 37 weeks after the date on which this benefit is granted.
(1) Money in maternity care also belongs to a cooperative who has taken over a child entrusted to her by a decision of the competent authority or a child whose mother died in her permanent care replacing maternity care. Cash assistance in maternity shall be granted to the cooperative from the date on which the child is taken over for as long as the child is taken care of for a maximum period of time.
(a) 22 weeks if one child has taken over,
(b) 31 weeks, taking over two or more children and caring for at least two of these children, or going to the cooperative referred to in § 24;
no longer than the child (youngest child) reaches eight months of age.
(2) In the cases referred to in the preceding paragraph, the conditions for entitlement to maternity assistance shall be fulfilled at the date of taking over the child. The amount of the maternity allowance shall be determined on the basis of the cooperative's average daily remuneration for the period laid down in the implementing rules before the child is taken over.
(1) If, for health reasons, the child has been taken into the care of a nursing home or other nursing home and the cooperative has yet to work, the provision of cash assistance in maternity under the previous provisions shall be suspended during the period of work. From the date on which the cooperative took the child from the Institute back into her care and therefore ceased to work, the provision of cash assistance in maternity is continued until the total entitlement is exhausted, but no longer than the date on which the child reaches the age of one year. With the consent of the competent authority, the provision of monetary assistance in maternity care may also be interrupted with the same effect if the cooperative cannot, or cannot, take care of a serious long-term illness for which she is unable to work, and if, for this reason, the child had to be placed in the care of a nursing home or other bed establishment for preventive care or other persons.
(2) A cooperative who has ceased to care for a born child and has therefore been entrusted to family or institutional care replacing the care of the parents, as well as a cooperative whose child is in constitutional care for reasons other than those referred to in the preceding paragraph, does not have to pay maternity support for the period for which he does not take care of the child; However, this period shall be counted against the total period for which she would otherwise have had financial assistance in maternity. However, the provision of monetary assistance in maternity to a cooperative who gave birth to a child may not end before 14 weeks have elapsed since maternity leave, nor before six weeks after the date of birth.
(3) If the child was born dead, the cooperative shall be provided with maternity assistance for a period of 14 weeks from the beginning of maternity leave; However, its provision may not expire before six weeks after the date of birth.
(4) If the child died at the time when the cooperative belongs to the mother-in-law, such assistance shall be granted for a period of two weeks from the date of death of the child, but no longer than until the total entitlement is exhausted; However, the provision of monetary assistance in maternity to a cooperative who gave birth to a child may not end before 14 weeks after taking up maternity leave or six weeks after the date of birth.
(1) The financial assistance provided for in this Act is granted to a single, widowed, divorced or for other serious reasons to a lone cooperative who does not live with a partner if he is taking care of a child by decision of the competent authority or a child whose mother died.
(2) Financial assistance also belongs to the cooperative who looks after the child if his wife is not provided with monetary assistance in motherhood and cannot or must not, according to a medical opinion, care for a serious long-term illness.
(3) The conditions for entitlement to financial assistance and the method for determining such assistance shall be assessed with the cooperative referred to in paragraphs 1 and 2 on the basis of the status of the child on the date of taking over. The financial assistance shall be granted from the day on which the child is taken over for a period of no more than 31 weeks, and, in the case referred to in paragraph 2, for a period of 22 weeks, but not longer than eight months.
(4) The other provisions of this law shall apply mutatis mutandis to the granting, the amount and the provision of financial assistance to the cooperative.
Aid for the birth of a child
If a cooperative or a member of the cooperative's family is born, it shall receive a grant of 1 000 Kcs for each child born. The spouse or co-worker of the deceased cooperative shall also be supported when the child is born from the child's security if the birth occurred within 300 days of his death.
Conversion of rights to sickness and maternity and child security benefits
(1) For the period during which the conditions for both the entitlement to sickness and the entitlement to maternity benefit under this law are met, only maternity benefit is granted.
(2) Where justified conditions are met both for entitlement to sickness benefit or for a compensatory allowance in pregnancy and maternity or for maternity benefit under this Act, as well as for entitlement to a similar sickness benefit under the rules applicable to workers, sickness benefit, support for the treatment of a member of the family, compensation for pregnancy and maternity and maternity allowance shall be granted separately from both sickness or maternity security under this Act and sickness insurance under the rules applicable to workers; the sum of the cash benefits per working day shall not be higher than the sum of 150 CZK per day. If the sum of the average daily wage and the net daily wage exceeds 150 CZK per day, an amount in excess of 150 CZK shall be deducted from the average daily wage in calculating the sickness and child security benefits under this law. Funeral and support for the birth of a child shall be granted only once, according to the rules applicable to workers.
Child allowance
Conditions of entitlement
(1) Children's allowances shall belong to a cooperative who, under this law, is responsible for the security of the mother and child's illness and security if:
(a) has unprovided children;
(b) carry out work on the cooperative within the prescribed period of time; and
(c) carry out work on the cooperative in a calendar month for a specified period.
(2) The cooperative called upon to serve in the armed forces shall belong to an uninsured child, if the other conditions are met, the child allowance if the security of the mother and the child was involved at the time of taking up the service or when he was called on to serve, or if, at the time when he was called on to serve, he had retained the rights of that security.
(3) Children's allowances shall also be payable to the cooperative after the death of the mother's and child's sickness and security, provided that, for that purpose, sickness or monetary assistance in maternity is provided; the condition is that, prior to the disappearance of the mother's and child's sickness and security, he worked in the cooperative within the scope of the prescribed period of time.
Unprovided children
(1) The children of a cooperative or his spouse who live in the Czechoslovak Socialist Republic are considered unprovided, until the end of compulsory education.
(2) At the end of compulsory education, the child shall be deemed not to have been provided but no more than 26 years of age if:
(a) be continuously prepared for the future occupation through study or prescribed training;
(b) cannot prepare for a future occupation or be employed for a disease;
(c) for a long-term unfavourable health condition, it is unable to continuously prepare for or prepare for a future profession only under exceptional conditions; or
(d) for a long-term unfavourable health condition, it is unable to carry out continuous or such employment would seriously impair its health.
Elimination of entitlement
Children's allowances shall not be granted to the children of a cooperative to whom the education allowance belongs or to whom the invalidity pension is granted.
Working time and working time
(1) In order to grant child allowances, a cooperative is required to have a working time corresponding to a fixed weekly working time, which, in accordance with cooperative rules, is generally established for the operation in which he is engaged.
(2) If he is a co-worker with an altered working capacity or a co-worker who looks after at least one unprovided child and has a shorter working time for this reason, half of the working time referred to in the preceding paragraph shall be required to receive child allowance. This is also true, if it is a cooperative of a single, widowed, divorced or for other serious reasons of the lonely, who does not live with a partner and takes care of at least one unprovided child.
Contents
ČÁST PRVNÍ
Hlava první
§ 1
§ 2
§ 3
§ 4
Hlava druhá
§ 5
ČÁST DRUHÁ
Hlava první
§ 6
Díl první
§ 8
§ 9
§ 10
§ 12
§ 14
§ 15
§ 16
§ 17
§ 18
Díl druhý
Oddíl první
§ 19a
Oddíl druhý
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
oddíl třetí
§ 28
oddíl čtvrtý
§ 29
oddíl pátý
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 35a
§ 35b
Díl třetí
§ 36
§ 37
Hlava čtvrtá
§ 88
Hlava šestá
§ 90
§ 91
§ 93
§ 95
§ 98
§ 99
§ 100
Hlava desátá
Hlava jedenáctá
§ 118
ČÁST TŘETÍ
Díl třetí
§ 147
§ 148
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Regulation Information
| Citation | Act No. 103 / 1964 Coll., on the security of cooperative peasants in sickness and on the security of the mother and child |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1964 |
|---|---|
| Effective from | 01.07.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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