Full text of Act No. 103 / 1996 Coll.
Law on occupational sickness insurance (full text as resulting from subsequent amendments and additions)
Valid
Declared full text
Contents
§ 1
ČÁST PRVNÍ
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
ČÁST DRUHÁ
ČÁST TŘETÍ
ODDÍL PRVNÍ
§ 11
ODDÍL DRUHÝ
ODDÍL TŘETÍ
§ 15
§ 16
§ 17
§ 18
§ 19 a 20
§ 21
§ 22 a 23
§ 24
§ 25
§ 26 až 29
ODDÍL ČTVRTÝ
ČÁST ČTVRTÁ
ČÁST PÁTÁ
§ 41
§ 42
§ 43
§ 43a
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 51a
ČÁST ŠESTÁ
ODDÍL PRVNÍ
§ 52 a 53
§ 54
ODDÍL DRUHÝ
§ 55
§ 56 a 57
ODDÍL TŘETÍ
ČÁST SEDMÁ
§ 59
§ 60
§ 61
§ 62
§ 62a a 63
§ 64
§ 65
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103
_
Announces
The full text of Act No. 54 / 1956 Coll., on sickness insurance of employees, as follows from the amendments made by Act No. 16 / 1959 Coll., Act No. 58 / 1964 Coll., Act No. 65 / 1965 Coll., Act No. 67 / 1965 Coll., Act No. 160 / 1993 Coll., Act No. 87 / 1968 Coll., Act No. 88 / 1968 Coll., Act No. 110 / 1990 Coll., Act No. 110 / 1990 Coll., Act No. 180 / 1990 Coll., Act No. 37 / 1993 Coll., Act No. 148 / 1983 Coll., Act No. 5 / 1991 Coll.
THE LAW
on staff sickness insurance
The National Assembly of the Czechoslovak Republic decided on the following Act:
repealed
PERSONAL SCOPE OF INSURANCE
Heading of insured persons
(1) Under this Act they are insured if they meet the conditions laid down for participation in sickness insurance and are active in the Czech Republic:
(a) staff in employment;
(b) members of the cooperative, if they are not in employment relations with the cooperative but are engaged in the work for which they are remunerated;
(c) members and agents of a limited liability company and commanditists of a limited liability company, if they are not in employment relations with that company but are engaged in the work for which they are remunerated;
(d) staff working under a work agreement;
(e) Judges,
(f) members of municipal councils, if they are paid remuneration as long-term vacant members of municipal councils,
(g) Members of the Chamber of Deputies and Senators of the Senate of Parliament,
(h) members of the Government, the President, the Vice-President and members of the Supreme Audit Office and the Director of the Security Information Service;
(ch) volunteer care staff,
(i) foster care in special establishments;
(j) persons employed regularly in the execution of a prison sentence or in custody;
(k) persons with altered working capacity preparing for employment;
(l) Students and pupils
(hereinafter referred to as "staff ').
(2) For the purposes of this Act, a person who is employed in an employment relationship is also considered to be an employee [paragraph 1 (a)] because not all the conditions laid down in the labour law governing his establishment have not been fulfilled.
(1) If an employee performs temporary work outside the Czech Republic, this does not affect his insurance.
(2) Employees of employers based in the Czech Republic who have a permanent foreign place of work are insured under this Act if they are resident in the Czech Republic or if they are citizens of the Czech Republic.
(3) For the purposes of this Act, the registered office of the employer shall be the registered office of the legal person as well as the registered office of the legal entity which is registered in the Commercial Register or, where applicable, in another legally designated register or is kept in a designated register with the competent authority in the Czech Republic, and the place of permanent residence of the natural person or, where applicable, of a foreign natural person, of his business.
Performing several activities
Any person carrying out several insurance activities under this Act shall be insured from each of them. If the manager of a limited liability company is simultaneously a member of that company referred to in § 2 (1) (c), he shall be insured only once under this Act.
Exemption from insurance
The following are excluded from insurance under this Act:
(a) members of the professional armed corps;
(b) foreign nationals who are not resident on the territory of the Czech Republic and who are active in the Czech Republic for employers who enjoy diplomatic privileges and immunities when they are eligible for sickness insurance in another State or for employers in an employment relationship concluded under foreign law;
(c) employees active in the Czech Republic for employers who do not have their registered office in the Czech Republic;
(d) staff engaged only in occasional employment.
Occasionally employed
(1) Accidental single employment, which is not to last or last more than seven calendar days in succession under the Arrangement, shall be considered as occasional.
(2) It is also considered occasional to have a job with only small-scale employment, i.e. in particular a job in which the deductible income (§ 15 (1)) is less than CZK 400 per calendar month.
Establishment of insurance
Insurance is established on the date of entry into employment, which establishes insurance under this Act. However, the insurance of a member of the cooperative referred to in Paragraph 2 (1) (b) shall arise on the date on which he began to carry out the work for the cooperative for which he is remunerated by the cooperative; This applies mutatis mutandis to the shareholder and manager of the limited liability company and to the commanditist of the limited liability company referred to in § 2 (1) (c).
Termination of insurance
Insurance shall cease on the date of termination of employment, which shall constitute insurance under this Act. However, the insurance of a member of the cooperative referred to in § 2 (1) (b) shall cease on the date on which he ceased to work for the cooperative for the work for which he is remunerated by the cooperative; This applies mutatis mutandis to the shareholder and manager of the limited liability company and to the commanditist of the limited liability company referred to in § 2 (1) (c).
The special law shall specify who and to what extent is required to pay sickness insurance premiums as part of social security premiums. 1)
cancelled
BENEFICIARY INSURANCE
SUMMARY OF DOSES
The sickness insurance benefits are:
(a) cash benefits:
1. sick leave,
2. support for family care;
3. compensation in pregnancy and maternity,
4. monetary assistance in motherhood,
(b) cancelled.
repealed
MONEY BENEFITS
Sickness
(1) The sick leave belongs to a staff member who is recognised under the Special Regulation (11) who is temporarily unable to perform his previous employment (hereinafter referred to as "incapacity for work"). The sickness insurance shall not apply for the period of incapacity for which the staff member is entitled to the allowance for the allowance for the sickness insurance from which the sickness insurance is provided, except for those income which the staff member is entitled to for the period of incapacity for work, without, at that time, carrying on that activity for which the allowance is payable. The deductible income is the salary, salary and other income which are included in the assessment basis for determining social security premiums (hereinafter referred to as the "assessment base ') under the special legislation.1.
(2) The sickness allowance is granted on calendar days.
(3) Disability shall be granted from the first calendar day of incapacity for work to the end of incapacity for work or to the recognition of invalidity or partial invalidity. However, sickness benefits shall be granted for a maximum period of one year from the start of incapacity for work ("support period ').
(4) 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:
(a) if the employment period has lasted at least six months since the end of the last incapacity for sick work; or
(b) if the new incapacity for work has been caused by an accident at work; an accident at work is treated as an occupational disease in accordance with the pension rules.
The previous period of incapacity for work caused by accidents at work (occupational disease) is also not included in the support period.
(5) Disability may be granted even after the end of the period of support if, on the basis of the opinion of the competent authority, it is possible to expect that the staff member will have a short-term working capacity; However, it may be provided in this way for a maximum period of one year from the end of the support period.
The sick leave shall be for the staff member for the duration of the quarantine ordered under the rules on measures against communicable diseases; Paragraph 15 (1) second sentence applies mutatis mutandis.
(1) The sickness is determined from the daily assessment basis (§ 18 (1)), but not more than CZK 270.
(2) The sickness allowance per calendar day is 69% of the daily assessment basis. However, for the first three calendar days of incapacity for work, the sickness rate shall be 50% of the daily assessment base.
(3) The amount of sick leave per calendar day shall be rounded to the nearest crown by rounding the pennies up to and including 50 pennies down and the pennies above 50 pennies upwards.
(1) The daily assessment basis shall be established by dividing the assessment basis established from the relevant period by the number of calendar days falling within the applicable period. This number of days shall not include the calendar days of the staff member's waived absence of work for which he is not entitled to receive compensation, including the days for which he was granted sick leave, support for the care of a family member and maternity allowance, the days for which he is entitled to receive compensation in the performance of the armed forces and civil services, 3) and calendar days before and after entry into employment. For a member of a cooperative referred to in Paragraph 2 (1) (b), entry into employment shall mean the commencement of work for the cooperative; This applies mutatis mutandis to the shareholder and manager of the limited liability company and to the commanditist of the limited liability company referred to in § 2 (1) (c).
(2) The relevant period shall be the calendar quarter preceding the calendar quarter in which the incapacity for work arose, unless otherwise specified.
(3) Where an incapacity for work arose in the calendar quarter in which the staff member entered the employment, the period of entry into employment shall be the relevant period from the entry into employment to the end of the accounting period immediately preceding the incapacity for work.
(4) If the incapacity for work arose in the calendar month in which the staff member entered the service, the period shall be the period of entry into employment from the day immediately preceding the date of the incapacity for work.
(5) For the purposes of the relevant period, a change in the activity of a staff member who sets up sickness insurance shall also be regarded as an entry into employment if it is the same employer.
(6) Where, during the period determined in accordance with paragraphs 2 to 4, the staff member has not had deductible income, although he has been insured, the period shall be the first backward calendar quarter in which he has deductible income; if there is no such quarter or if the period of the decision referred to in paragraphs 2 and 4 cannot be determined, the sickness benefit shall be determined from the deductible income which the staff member would likely have achieved on a calendar day in the calendar month in which his incapacity for work arose.
(7) In the case of a worker transferred to another work on account of pregnancy or maternity, the period referred to in the preceding paragraphs shall be determined instead of the date on which she became incapacitated on the date of transfer to another work, where this is more favourable to her. (8) In the case of a parent who is engaged in employment to the extent laid down in the Act on State Social Support, when the relevant period is established, the period of employment shall not be taken into account if he so requests.
(8) The daily assessment basis established in accordance with the preceding paragraphs for determining the first incapacity for work in the calendar quarter shall be used for determining the incapacity for work of the staff member until the end of that calendar quarter.
(9) The daily assessment basis established on the occurrence of incapacity for work shall be valid for the entire duration of the incapacity, even if it passes to the following calendar quarter.
(10) The provisions of the preceding paragraphs shall apply mutatis mutandis to the determination of sick leave in quarantine ordered under the relevant provisions.
cancelled
Incapacity for the same incapacity for work shall not exceed 84 calendar days and multiple incapacity for 84 calendar days in one calendar year; These restrictions do not apply if incapacity for work is caused by an accident at work (occupational disease).
cancelled
(1) There is no entitlement to sick leave for those who have incapacity for work
(a) intended to attract sick persons; or
(b) caused by participation in a fight; or
(c) as an immediate consequence of its 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 the staff member has members of the family, they may be paid sickness benefits up to three quarters in such cases; staff members without family members may, in the cases referred to in the preceding paragraph, be paid sick leave up to half.
Support for family care
(1) Aid for the treatment of a member of the family belongs to a staff member (male or female) 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 attends, has been closed by 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) 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 household worker; compliance with household conditions is not required if the care of a child under 10 years of age goes to a parent.
(3) Aid for the treatment of a member of the family shall be granted for a maximum period of the first nine calendar days where the need for care (care) persists.
(4) Employees who have the permanent care of at least one child of the age up to the end of compulsory education and who are otherwise lonely shall be granted support for the treatment of a member of the family for a maximum period of 16 calendar days, provided that the need for care persists.
(5) Aid for the treatment of a family member shall be fixed in the same way as sickness insurance. The amount of aid per calendar day shall be 69% of the daily assessment basis.
(6) In the same case, the aid belongs to only one beneficiary.
cancelled
repealed
cancelled
COMMON PROVISIONS ON THE INSURANCE OF EMPLOYERS
Family members
(1) The members of the family of the staff member shall be considered to qualify for cash sickness insurance benefits if they are not themselves insured under this law or insured or, where appropriate, secured under other legislation:
(a) spouse;
(b) children until completion of compulsory education;
(c) children from the end of compulsory education to the age of 26, provided that they are continuously trained or studied for a future occupation or are permanently incapacitated for illness or physical or mental illness;
(d) female (type) if she has been living with a household worker for at least three months.
(2) They shall also be considered as members of the family if they are not themselves insured under this Act or insured, provided that they are secured under other legislation and that they are mainly dependent on staff:
(a) grandchildren and siblings until the end of compulsory education;
(b) grandchildren and siblings from the end of compulsory education to the age of 26, provided that they are continuously trained or studied for a future occupation or are permanently incapacitated for illness or physical or mental illness;
(c) parents, grandparents, father-in-law and mother-in-law,
(d) a nurse or a daughter who leads a widowed or divorced employee of his household, provided that he takes care of his children until the end of compulsory education.
(3) The former spouse of an employee shall also be considered as a member of the family if he is not insured under this law or insured, provided that he is insured under other legislation and that the employee has a maintenance obligation against him.
The creation of a claim. Withdrawal period
(1) Benefits of sickness insurance are payable if the conditions applicable to their granting are fulfilled at the time of the insurance under this Act or, in the case of the termination of the insurance, but still during the period during which the staff member receives sickness insurance, aid in the treatment of a member of the family or in the course of maternity assistance, or if they have been completed within the period of withdrawal.
(2) The withdrawal period is 42 days from the end of employment; However, if the staff member was last employed for a shorter period, the withdrawal period shall be as many days as the latter. For women whose employment ended during pregnancy, the withdrawal period shall be six months.
(3) If insurance is re-established within the withdrawal period under this Act, the withdrawal period shall be suspended for the duration of that insurance. The withdrawal period obtained by the new insurance shall be added to the outstanding balance of the previous withdrawal period up to a maximum of 42 days. The withdrawal of insurance or security under other regulations shall cease. However, the creation of a pension or sickness insurance scheme for self-employed persons shall not result in a withdrawal period in respect of entitlement to sickness and monetary assistance in maternity insurance under this law; in that case, the withdrawal period shall expire only on the date on which the entitlement to such sickness insurance benefits of self-employed persons is acquired, provided that it has not already expired earlier in accordance with paragraph 2.
(4) If a staff member carries out several activities which constitute insurance under this law, the withdrawal period shall be the subject of each of them.
Conversion of benefits rights
Entitlements for sickness insurance benefits due for the same reason shall be assessed separately.
The sickness insurance benefits are also due for the period of permanent residence abroad.
Limitation of benefits
(1) Entitlement to sickness benefit, assistance in the treatment of a member of the family, compensatory allowance in pregnancy and maternity or monetary assistance in maternity for each day shall be limited if it has not been applied within three years of the date for which it is due.
(2) Where entitlement to benefit has been claimed, the period of limitation shall be three years from the date on which the benefit is granted.
(3) The entitlement to reimbursement of the amounts of individual payments of benefits granted wrongly (Paragraph 48 (2)) shall be limited within 10 years of their payment. The limitation period shall not run if deductions from the levy or deductible earnings are made to pay the benefit unduly.
(4) The claim for compensation caused by the employer by an incorrect procedure for the implementation of sickness insurance (5) is limited for five years from the date on which the social security authority found that the benefit was granted unjustly but not later than 10 years from the date on which the damage occurred.
Transfer of entitlement
(1) If a staff member or other entitled person dies, he / she shall be entitled to the amounts of cash benefits which have become due until the day of his / her death, by step, by husband (wife), children, father, mother, kind (mate) or siblings, if they were living with the deceased at the time of his / her household death.
(2) Entitlement to cash sickness insurance benefits cannot be transferred or put into pledge. The emoluments of these benefits shall be governed by the provisions on the execution of salaries.
(3) If payment of a benefit to a beneficiary would harm the interests of his children or other members of the family, the competent sickness insurance authority may determine to whom the benefit will be paid. The recipient of the benefit shall use it only for the benefit of the children or other members of the family for which the benefit is intended.
Obligations of staff and other authorised persons
The staff member or other entitled or, where applicable, the recipient of the benefit shall report the reason for the loss of entitlement to the benefit, as well as any other facts relevant to the duration of the entitlement to the benefit or to its amount and payment, within eight days of the date on which it became aware of the facts; a report of the onset and termination of incapacity for work is required to be submitted without undue delay.
(1) Staff members are required to comply with the established treatment regime, (6) follow the instructions of the physician concerned and refrain from making it difficult to restore their ability to work. In addition, they shall be required to request the prior consent of the attending doctor to change the residence for incapacity and to submit to the competent social security authority the documents necessary for the assessment and control of incapacity for work.
(2) The sickness allowance may be temporarily reduced or withdrawn if the staff member has infringed the obligations laid down in paragraph 1. If such an employee has family members, the sickness allowance may only be reduced by a quarter at most. Disability may be temporarily reduced or withdrawn not earlier than the date of infringement of the obligations laid down in paragraph 1, only for the period for which it has not yet been paid.
Change and refund of benefits
(1) If the facts relevant to entitlement to the sickness granted change or fall out, aid for the treatment of a member of the family, compensatory allowance in pregnancy and maternity or monetary assistance in maternity or for the amount thereof, or where such benefits have been granted on the basis of a mistake, they may be withdrawn, reduced or suspended, in the absence of cases referred to in paragraph 2, for the future only; However, the increase shall be made retroactively if the claim is no longer limited.
(2) An employee or recipient of a cash benefit who has caused the benefit to be wrongly paid shall be obliged to repay the excess; This is particularly true if he has lured out the dose, withheld any operative event or failed to fulfil any other serious obligation imposed on him by this law or implementing provisions. The obligation of a staff member to make good the damage incurred by his employer by acting in accordance with the first sentence shall be governed by the provisions of the Civil Code. If an enforceable decision on the obligation to repay the excess has been issued in the batch procedure, it may be enforced as an insurance premium, no later than 10 years after the date of the decision. Such excess may also be deducted from benefits or wages paid to the person liable for reimbursement; the provisions on amounts which cannot be confiscated in the course of the salary execution apply mutatis mutandis.
Exemption
Sickness insurance benefits are not taxed.
Invalid legal proceedings
(1) An arrangement to the detriment of workers and their family members or survivors contrary to this law shall be void.
(2) repealed
(3) repealed
Payment of benefits abroad
(1) Save as otherwise provided in the Interstate Convention or otherwise provided for, benefits shall not be paid abroad. However, the Ministry of Labour and Social Affairs of the Czech Republic may grant an exemption and lay down the conditions for the payment of benefits if the beneficiary is staying in a State with which the Convention is not concluded, in particular because of inter-state reciprocity.
(2) Staff referred to in Article 3 (1) and (2), where their sickness insurance is carried out by an employer, sickness insurance benefits may be paid abroad by the employer, including in non-Czech currency; However, where a salary (salary) or part of the salary (salary) is paid to such a staff member abroad, the employer shall, unless otherwise agreed by the staff member, be obliged to pay him, in the currency in question, both foreign and sickness insurance benefits, to the same extent as the rate in which he pays his salary in that currency.
The Ministry of Labour and Social Affairs of the Czech Republic may, by decree, adjust the details of the duration of the support period and the withdrawal period and the calculation and provision of benefits and determine what is considered to be the childbirth for entitlement to benefits and an accident at work (occupational disease), what other facts are considered to be the transfer to another work for entitlement to compensation in pregnancy and maternity; it may adjust the conditions of insurance, the provision of benefits and the method of calculating them for certain groups of persons, taking into account the specific nature of their activities or the manner in which they are remunerated.
ORGANISATION AND EMPLOYMENT OF EMPLOYMENT INSURANCE
Contents
§ 1
ČÁST PRVNÍ
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
ČÁST DRUHÁ
ČÁST TŘETÍ
ODDÍL PRVNÍ
§ 11
ODDÍL DRUHÝ
ODDÍL TŘETÍ
§ 15
§ 16
§ 17
§ 18
§ 19 a 20
§ 21
§ 22 a 23
§ 24
§ 25
§ 26 až 29
ODDÍL ČTVRTÝ
ČÁST ČTVRTÁ
ČÁST PÁTÁ
§ 41
§ 42
§ 43
§ 43a
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 51a
ČÁST ŠESTÁ
ODDÍL PRVNÍ
§ 52 a 53
§ 54
ODDÍL DRUHÝ
§ 55
§ 56 a 57
ODDÍL TŘETÍ
ČÁST SEDMÁ
§ 59
§ 60
§ 61
§ 62
§ 62a a 63
§ 64
§ 65
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Regulation Information
| Citation | Full text of Act No. 103 / 1996 Coll., Act on Disability Insurance of Employees (full text as shown by later amendments and additions) |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.1996 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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