Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 115 / 1992 Coll.
Decree of the Ministry of Labour and Social Affairs of the Czech Republic on the performance of occupational rehabilitation of citizens with altered working capacity
Valid
Effective from 25.03.1992
115
DECLARATION
Ministry of Labour and Social Affairs of the Czech Republic
of 21 February 1992
on the implementation of occupational rehabilitation of citizens with altered working capacity
The Ministry of Labour and Social Affairs of the Czech Republic provides, pursuant to § 31 paragraph 3 (b) of Act No. 1 / 1991 Coll., on Employment (hereinafter referred to as "the Act"):
(1) Citizens with a reduced working capacity and citizens with a reduced working capacity with a more severe disability (1) (hereinafter referred to as "citizens with a reduced working capacity") are entitled to a working capacity which is proportionate to their health and skills.
(2) Labour rehabilitation may take place at a time when the citizen is unable to work, on the recommendation of the health care establishment concerned.
(3) The Office of Labour (2) cooperates in particular with medical institutions carrying out medical rehabilitation, social security and education, employers, trade unions, civic associations, charities, churches, religious societies, district authorities and municipalities in ensuring working rehabilitation of citizens with altered working capacity.
Consultancy services
(1) The advisory service includes professional and professional advice. The Advisory Service is provided by the Office of Labor 2) in order to find appropriate work for citizens with altered working capacity, which is appropriate to the type and degree of disability.
(2) When providing advisory services pursuant to § 13 (1) (c) of the Act of the Czech National Council No. 9 / 1991 Coll., on employment and competence of the Czech authorities on the employment section, the employment office
(a) inform a citizen with altered working capacity of his or her rights and obligations in carrying out occupational rehabilitation;
(b) provide information to citizens, adolescents and their parents on the possibilities of preparing for employment for citizens with altered working capacity by type and degree of disability;
(c) in cooperation with health professionals and following the results of therapeutic rehabilitation, participate in preparing for work according to developments in the labour market;
(d) assist in the selection of appropriate work applications;
(e) provide, where necessary, advisory services aimed at addressing the psychological and social problems of citizens with altered working capacity;
(f) on the basis of an assessment of the labour market situation, taking into account the development of the labour use of young people with altered skills, proposes the creation of appropriate teaching and learning fields;
(g) in cases of a change in the state of health of a candidate for employment who is a citizen with a changed working capacity, it shall initiate the district social security administration to reassess his health status.
Preparation for work applications
(1) The preparation for the employment of citizens with altered working capacity shall be carried out taking into account their health status, and its duration shall depend on the workload for which a changed working capacity is being prepared. The preparation for work shall include preparation for the profession under the Specific Regulations (3) and preparation for work.
(2) The preparation for the work of citizens with altered working capacity allows for gradual adaptation to work and is carried out in particular:
(a) in workplaces individually adapted to the state of health of a citizen with altered working capacity;
(b) in protected workshops and in protected workplaces;
(c) in educational establishments of employers, churches, charities and civil associations and training centres for citizens with altered working capacity.
(3) The employment office concludes a written agreement on the implementation of preparation for work
(a) with an employer with whom a citizen with an altered working capacity is employed; This agreement shall include, in particular, the manner, amount and conditions for reimbursement of costs up to the rate, including the necessary school needs, depending on the form of the content of preparation for work and its duration,
(b) a candidate for employment who is a citizen with a changed working capacity; This Agreement shall include, in particular, the content of preparation for work, the duration and manner of its security, the conditions of physical security during the preparation for work, the place of work, the method of verification of knowledge and skills acquired, the working activity and, where appropriate, the other conditions referred to in Article 4,
(c) the establishment in which preparation for work is carried out; This Agreement shall include, in particular, the work activities, basic qualifications and health conditions needed for preparation for work, the place and manner of implementation, the scope of theoretical and practical preparation, the time of commencement and termination, the method of verification of the knowledge and skills acquired, the calculation of costs and the time and manner of payment.
A candidate for a job who is a citizen with a changed working capacity shall be provided by the Office in preparation for work carried out in the framework of the work rehabilitation of free school needs and textbooks, work aids and protective equipment. In addition, it may provide
(a) subsistence, reimbursement of expenditure on accommodation and reimbursement of expenditure on the journey from the place of residence to the place of preparation for work and return and, in the course of the recruitment procedure, the opening and termination of preparation for work and, where appropriate, the reimbursement of expenditure on the journey to and from the family, at the rate laid down in the special regulation, (4) as well as the reimbursement of the necessary ancillary expenses;
(b) reimbursement of proven travel expenses on daily commuting for preparation for work;
(c) compensation equivalent to insurance against accidents agreed by him for the period of preparation for work.
In preparing for the work of job seekers who are citizens with altered working capacity, the provisions of the Labour Code governing working and rest periods, safety and health at work, the working conditions of women and adolescents shall be applied mutatis mutandis.
Protective workshops and sheltered workplaces
(1) Protected workshops and sheltered workplaces are workplaces operated by legal and natural persons, provided that at least 60% of citizens with altered working capacity work there. A protected workplace is also a workplace set up in the home of a citizen with a changed working capacity.
(2) In particular, citizens with reduced working capacity, mental disabilities, citizens with reduced working capacity, who can only provide reduced work performance and cannot be placed in job vacancies, and citizens with reduced working capacity, are included in protected workshops and sheltered workplaces.
(3) In carrying out the obligations under Article 24 (1) (g) of the Act, the employer also records citizens with altered working capacity who work in protected workshops or in protected workplaces.
Contribution to the establishment of protected workshops and sheltered workplaces
(1) The Labour Office provides employers with a contribution to the establishment of a job for a citizen with a changed job capacity in a protected workshop or a protected workplace for a maximum of CZK 100,000 per job. The contribution may be granted in advance and shall be settled within six months at the latest. The allowance shall be granted if the conditions set out in Article 6 are met and the employer undertakes to operate jobs in a protected workshop or a protected workplace in a written agreement for at least two years from the grant of the allowance; the agreement shall also include the employer's undertaking to repay the contribution to the employment office or its proportional part corresponding to the period of time it has not fulfilled.
(2) Where the employment office so imposes, the posts for which a contribution has been granted in accordance with paragraph 1 may be filled only by jobseekers who are citizens with altered working capacity. 5)
(3) The Labour Office may also grant an allowance for the equipment of the means of employment to a jobseeker who is a citizen with a changed working capacity and will be self-employed, but not more than CZK 100,000. If a citizen with a altered capacity to work ceases to pursue a self-employed activity within two years of the grant, the employment office may require full or partial reimbursement of the allowance, taking into account the duration of the self-employed activity and the reasons for its termination. Repayment of the allowance may not be requested for a citizen with a altered working capacity who has ceased to pursue self-employment for health reasons.
(4) Where a contribution has been granted for the establishment of a protected workshop or a protected workplace, the contribution shall no longer be subject to a specific provision on the establishment of socially efficient jobs. 6)
Contribution to the operation of protected workshops and sheltered workplaces
The Labour Office provides employers with a contribution to the partial payment of operating costs 7) a protected workshop or a protected workplace up to CZK 40,000 per year per citizen with a changed working capacity.
It is repealed with effect from § 114 to 118, § 119 paragraphs 4 and 5 and § 121 of Decree No. 149 / 1988 Coll., implementing the Social Security Act.
This decree shall take effect on the day of its publication.
Minister:
Ing. Horalek CSc. v. r.
1) Section 21 of Act No. 1 / 1991 Coll., on Employment.
2) Paragraph 13 (1) (c) of the Act of the Czech National Council No. 9 / 1991 Coll., on employment and the competence of the authorities of the Czech Republic on the employment section.
3) Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act), as amended by Act No. 171 / 1990 Coll. and Act No. 522 / 1990 Coll. Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 399 / 1991 Coll., on special schools and special maternity schools.
4) Act No. 119 / 1992 Coll., on Travel Refunds, as amended by Act No. 44 / 1994 Coll.
5) § 13 paragraph 1 (a) of the Czech National Council Act No. 9 / 1991 Coll.
6) Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 22 / 1991 Coll., laying down details on the establishment of socially efficient jobs and the creation of community service, as amended by Decree No. 349 / 1991 Coll.
7) Paragraph 22 (2) of Act No. 1 / 1991 Coll., as amended by Act No. 578 / 1991 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 115 / 1992 Coll., on the implementation of the occupational rehabilitation of citizens with altered working capacity |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.03.1992 |
|---|---|
| Effective from | 25.03.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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