Decree No. 113 / 1975 Coll.
Decree of the Central Council of Trade Unions amending and supplementing certain provisions of the Order of the Central Council of Trade Unions No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance
Valid
Effective from 01.01.1976
113
DECLARATION
Central Trade Union Councils
of 1 October 1975
amending and supplementing certain provisions of Decree No. 143 / 1965 of the Central Council of Trade Unions on the provision of cash benefits in sickness insurance
The Central Council of Trade Unions provides, pursuant to Sections 51 (1) and 63 (2) and (3) of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 16 / 1959 Coll. and Act No. 87 / 1968 Coll. and under Section 36 (1) of the Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on allowances for children from sickness insurance:
The Order of the Central Council of Trade Unions No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance, as amended by Decree No. 95 / 1968 Coll., on the grant of allowances for children in sickness insurance, is amended as follows:
Article 1 (3) reads as follows:
"(3) The wages referred to in paragraph 1 shall be regarded as deductible earnings even if they are not deducted from the wage tax because they are a blind worker or because the wage is below the taxable amount or if they are not paid under international double taxation arrangements. ';
2. Paragraph 2 (1) reads as follows:
"(1) The following shall not be included in the worker's allowance:
(a) income exempt in whole or in part from payroll tax;
(b) remuneration paid under the provisions on discoveries, inventions, improvements and industrial designs; (1) however, remuneration for the development, testing or introduction of the discovery, invention, improvement or industrial design, as well as remuneration for the warning of the use of the invention or improvement proposal already used in another organisation; (2)
(c) in-kind benefits, financial compensation for untaken-in-kind benefits (3) and other benefits that are still due to the worker at the time of incapacity for work;
(d) pay for work over the weekly working hours provided for the working period on which the worker is active, including overtime allowance; However, the wage for such work shall be included in the deductible earnings where a replacement leave is provided for it;
(e) shares in the economic results;
(f) annual remuneration for managers;
(g) stabilisation fees for years worked and stabilisation recruitment fees;
(h) compensation for wages paid to workers under labour law as well as compensation for wages for unpaid leave to be recovered;
(ch) sickness insurance benefits or other similar benefits including maternity allowance;
(i) reimbursement of service expenses (reimbursement of travel and removal expenses, severance payments, overpayments, foreign allowances, etc.);
(j) compensation for damage (e.g. accidents at work and occupational diseases). ';
the following paragraph 2 is inserted after paragraph 1:
"(2) Remuneration for emergency action activities provided to members of rescue corps established under the special rules on risk works4) shall be included in the deductible earnings even if they are exempt from payroll tax.";
paragraph 2 shall become paragraph 3.
3.
(1) The operative period from which the deductible income for the determination of incapacity for work is to be collected, unless otherwise provided in other provisions, is the calendar year immediately preceding the onset of incapacity.
(2) If the worker entered the organisation only during the calendar year preceding the onset of incapacity for work, the period shall be the period of entry into employment until the end of that calendar year.
(3) If the worker has not worked at least in the relevant period under the previous paragraphs
(a) 70 days if the weekly working hours are set out in 5 working days or unevenly, or if the working hours are set out in less than 5 working days per week;
(b) 80 days if the weekly working time is more than 5 working days;
the period shall be extended until the end of the settlement period immediately preceding the onset of incapacity for work. The day on which the worker worked according to the schedule of shifts is considered to have been worked, 5) he chose a replacement leave for overtime; 6) he had an unexcused absence at work; they are not taken into account in calendar months not included in the relevant period (Section 10 (1)).
(4) If the worker has entered employment in the organisation during the current calendar year, the period shall be the period of entry into employment until the end of the accounting period immediately preceding the onset of incapacity for work.
(5) As at the time of entry into employment, the relevant period shall be assessed if the worker:
(a) to take up work after the continuous preparation for the future occupation;
(b) re-entry into work after leaving the public office, which lasted for at least one year, after the basic (replacement) military service, further maternity leave and imprisonment;
(c) to change the way in which remuneration is paid by a worker who has been paid an hourly salary so far is remunerated by a monthly salary or vice versa;
(d) to change the method of remuneration when moving to mixed or share wages from another wage form and vice versa;
(e) to transfer to another work in connection with the imposition of a penalty for corrective action, (7) to a prohibition of action (8), or to return from it after the end of such sentence.
(6) In the event of a permanent change in the basic salary, defined by labour law, 9) the deductible earnings are collected
(a) a worker with a monthly salary from a new monthly basic wage and separately from other deductible components of the salary;
(b) a worker with an hourly salary from a new monthly account of the deductible earnings and separately from other deductible components of the salary.
In order to establish a new monthly accounting allowance for an hourly-wage worker, the period shall begin from a permanent change in the basic salary and shall end in the same way as the period referred to in the preceding paragraphs. In order to determine the other deductible components of the salary referred to in points (a) and (b), the period laid down in the preceding paragraphs shall be the relevant period, regardless of the permanent change in the basic salary. ';
4. Paragraph 6 (3) reads as follows:
"(3) Where a staff member has been cleared during the relevant period by the deductible annual premium or annual remuneration due for the calendar year immediately preceding that in which he was cleared, his average shall be determined separately from the other deductible earnings by dividing the deductible annual premium or annual remuneration by the period worked out in the calendar year for which he is due. This average shall be added to the average determined in accordance with the preceding paragraphs from the deductible earnings less this deductible annual premium or annual remuneration. Where two such annual premiums or annual remuneration have been settled during the relevant period, the difference between the two annual premiums or annual remuneration shall be calculated and divided by the period worked out in the calendar years for which they are due. ',
paragraphs 4, 5, 6 and 7 are added as follows:
"(4) In the case of a blind worker, the net daily wage shall be determined according to the preceding paragraphs, with the difference between the non-deductible wage tax.
(5) In the case of a member of the rescue service who has been cleared during the relevant period of remuneration for the activity of emergency intervention (Paragraph 2 (2)), the net daily wage shall be determined in accordance with paragraphs 1 to 3 from the deductible earnings minus such remuneration. The net daily wage thus determined shall be added to the pro rata amount of such remuneration per working day; if this proportional amount is established, the wage tax shall not be deducted.
(6) In the event of a change in working time, the deductible earnings shall be determined, mutatis mutandis, as in the case of a permanent change in basic salary (Paragraph 4 (6)), with the difference that the amount of other deductible components of wages settled before the change in working time shall be adjusted in proportion to the new and earlier working time.
(7) In the case of a worker who has been transferred to another job in connection with pregnancy or maternity and who has become incapacity for work at the time of such transfer, the sickness allowance shall be determined on the basis of the deductible earnings of the worker in the relevant period established on the date of transfer, if this is more favourable to the worker; If such a worker, after being transferred to another work, has had a change in working time, the deductible earnings shall be adjusted in proportion to the new and earlier working time. ';
5.
Where a worker is remunerated by a monthly salary, the daily sickness allowance shall be determined by dividing the monthly basic wage fixed for him at the time of incapacity for work by the average number of working days per month of the total number of working days per year after deduction of the salary tax. If, in addition to the monthly basic salary, the worker has other deductible components of the salary, the monthly basic wage shall be increased by a pro rata amount, which of the other deductible components of the salary in the relevant period shall be equal to one calendar month; the determination of this amount shall be treated mutatis mutandis in accordance with Article 6. If a worker remunerated by a monthly salary during the relevant period has missed work without notice, the daily sickness allowance shall always be determined in the manner set out in Section 6. '
6. Paragraph 8 repeals paragraph 2 and the designation of paragraph 1 of this paragraph.
7.
(1) If the worker has not worked during the relevant period the number of days referred to in Article 4 (3) or if his incapacity for work is already incurred in the calendar month in which he entered the employment or in which the case referred to in Article 4 (5) occurred, the sickness benefit shall be determined from the likely deductible earnings.
(2) The likely deductible earnings shall be determined if the incapacity for work has already occurred in the calendar month in which the worker entered the employment or in which the case referred to in Article 4 (5) occurred at the date of incapacity. In the event of an incapacity for work arising during the next settlement period, the likely deductible earnings shall be recalculated for each period until the end of the accounting period preceding the date of the incapacity for work. This shall be done until the worker has worked out the number of days referred to in § 4 (3) in the relevant period.
(3) The likely deductible earnings shall be obtained from the deductible earnings achieved by the worker during the period referred to in the preceding paragraph, adjusted where appropriate to the deductible earnings of the workers performing the same or similar work in the organisation. The likely deductible earnings shall be reduced proportionally for the absence at work of an undeclared absence, in proportion to the period of absence at work of an undeclared absence in the period from which it is ascertained, to the period worked out during that period. ';
8. Article 10 (1) reads as follows:
"(1) The calendar months for which the worker was granted a compensatory allowance in pregnancy and mother10) and for which the worker was paid wage compensation under the rules governing the release, placement and physical security of workers in connection with the implementation of rationalisation and organisational measures, 11) and no account shall be taken of the earnings for those calendar months. '
9. Paragraph 41 is added to paragraph 3:
"(3) A worker (worker) who is single, widowed, divorced or for other serious reasons lonely who does not live with a female worker (species) shall be regarded as otherwise alone for the purposes of support for the treatment of a family member." 12)
10. in Paragraph 44 (c):
"(c) If the worker has been shortened working time in connection with pregnancy, or if, for this reason, she has suffered without her fault for the reduction of the basic salary, no account shall be taken, when determining the amount of maternity aid, of the periods following such changes or of the earnings in them.";
in point (f)
the reference to § 6 (2) and § 11, the reference to § 10 is replaced by a reference to § 10 (2) and the reference to § 24 is replaced by a reference to § 24 (2).
11. in Paragraph 45 (1):
"(1) If the worker starts a new maternity leave no later than a month after her previous child has reached 2 years of age and fulfils the conditions for entitlement to maternity allowance, she shall be provided with monetary assistance in maternity from the same net daily salary as in the previous maternity leave; the condition is that the new maternity leave has taken place during the duration of employment in the same organisation or within a period of withdrawal after its termination. However, this worker shall also be provided for in the new maternity leave provided for in Paragraph 44 if she so requested and if, in the meantime, she has worked for at least 25 working days from the end of the previous maternity leave until the start of the new maternity leave. ',
in paragraph 4, the following sentence is added at the end: "This alumni shall also be supported at the time of the birth of the child if it does not belong to her for any other reason. '
12.V § 49
the first sentence is replaced by the following: the following derogations shall apply: ';
point (d) shall read as follows:
"(d) If, before transferring to another work in connection with pregnancy or maternity, the worker has previously been reduced by working time for that reason, or if, for that reason, the worker has, without its fault, suffered a reduction in the basic salary, no account shall be taken of the periods after such changes or the earnings in them when determining the earlier salary.";
point (f) is deleted.
13.
When calculating the net daily wage, the duration of the binding shall not be taken into account. Also, when calculating the earlier and normal salary for determining the compensatory allowance for a worker who is transferred from custody for pregnancy or maternity to another work, the duration of the detention shall not be taken into account. '
14. Paragraph 67 repeals paragraph 2 and the designation of paragraph 1 of this paragraph.
15. Paragraph 69 is deleted.
If the facts relevant for the granting of the benefit occurred before 1 January 1976, the provisions in force shall be followed.
This Decree shall take effect on 1 January 1976.
Chairman:
Hoffmann v. r.
1) Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs; Decree No. 106 / 1972 Coll., on remuneration of discoveries, inventions, improvements and industrial designs.
2) § 21 of Decree No. 106 / 1972 Coll.
3) For example, Decree No 8 of 1 April 1967 of the Ministry of Mining on coal and wood in the coal industry.
4) For example, the return of the Federal Ministry of Fuel and Energy of 28.9.1973 No 4 / 73 on the wage conditions of workers of the Mining Rescue Service.
5) Paragraph 87 (2) of the Labour Code.
6) Sections 96 and 116 of the Labour Code.
7) § 43 to 45 of the Criminal Act.
8) Sections 49 and 50 of the Criminal Act.
9) The Labour Code and its implementing rules.
10) Act No. 88 / 1968 Coll., on extending maternity leave, on maternity benefits and on allowances for children from sickness insurance.
11) Decree No. 74 / 1970 Coll., regulating the release, placement and physical security of workers in connection with the implementation of rationalisation and organisational measures.
12) Article 25 (4) of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 87 / 1968 Coll., on changes in sickness insurance and sickness care.
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Regulation Information
| Citation | Decree No. 113 / 1975 Coll., amending and supplementing certain provisions of the Order No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.10.1975 |
|---|---|
| Effective from | 01.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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