Decree No. 123 / 1990 Coll.
Decree of the Federal Ministry of Labour and Social Affairs amending and supplementing Decree No. 149 / 1988 Coll., implementing the Social Security Act, Decree No. 165 / 1979 Coll., on the sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases, and Decree No. 91 / 1958 Coll., which publishes the measures of the Central Council of Unions on the organisation and conduct of occupational sickness insurance
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Effective from 01.05.1990
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123
DECLARATION
Federal Ministry of Labour and Social Affairs
of 20 April 1990
amending and supplementing Decree No. 149 / 1988 Coll., implementing the Social Security Act, Decree No. 165 / 1979 Coll., on the sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases, and Decree No. 91 / 1958 Coll., which publishes measures of the Central Council of Trade Unions on the organisation and conduct of occupational sickness insurance
The Federal Ministry of Labour and Social Affairs provides, pursuant to § 177 paragraphs 1 to 3 of Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 110 / 1990 Coll., amending and supplementing Act No. 100 / 1988 Coll., on Social Security, and Act No. 54 / 1956 Coll., as amended and supplemented by Act No. 100 / 1988 Coll., on Social Security, and Act No. 54 / 1956 Coll., on Social Insurance of Employees:
Decree No. 149 / 1988 Coll., implementing the Social Security Act, is amended as follows:
1. the following paragraph 3 is added:
"(3) The preparation for entering the religious order (so-called noviciate) shall also be considered as a job, but no more than two years; the monthly gross earnings shall be considered as fictitious earnings. ';
2.
Article 8 (1) of the Law
Pension insurance for the individual farmer, a cooperating member of his family and other self-employed persons after 30 September 1948 until 30 April 1990 shall be assessed as a job. The condition is the payment of the premium if the premium is calculated after 30 April 1990 for this period, 50 CZK per month. However, the payment of the premium shall not be required if it is for the wife of the individual farmer before 1 January 1969. The period for which no insurance has been paid up to the date from which the pension is granted or increased shall be taken into account as the period of employment only from the date on which the insurance is paid. '
3. § 6 reads.
(1) The period of unemployment is the period for which the citizen was kept in the register of the competent authority as a candidate for employment.
(2) The period of unemployment is also before 9 May 1945, during which the citizen was or could not be employed in a period of infreedom due to political, national or racial oppression, and the period of lockouts, strikes and persecution for activity in the labour movement.
(3) The period during which a citizen was registered as a candidate for employment is demonstrated by the confirmation of the competent State authority which kept the citizen in that register. "
4. Paragraph 10, including the title, reads:
Calculation of periods of foreign employment
K § 11 (b) of the Act
(1) Insurance shall be paid on the basis of an application to the competent social security authority. The insurance shall not be paid until 30 April 1990.
(2) Payment of insurance premiums is terminated on the basis of a deduction.
(3) Insurance is paid for the whole calendar month. If the citizen does not agree otherwise with the competent authority, it shall be paid in advance and in monthly instalments.
(4) Paragraphs 63 (5), 64 (4), 65 and 72 (1) and (4) apply mutatis mutandis. '
5. in Article 11 (1) (d), the words' first and second heads' shall be deleted;
6. In footnote 21, the following words are added at the end: "Decree of the Office for Inventions and Discoveries No 29 / 1986 Coll., on the planning of thematic tasks."
7. In Article 11 (2) (d), the words "(occupational disease) 'shall be inserted after the words" accident'.
8. In Article 11 (5), the words "before 1 May 1990 'shall be inserted after the words" before 1 May 1990'.
9. In Article 11 (6), the following words are inserted after the words "Paragraph 63 (4) of the Act ':" or a citizen performing a civil service (§ 56a)'.
10. In Article 13, the following words shall be inserted after the words "28 years':" or pursuant to Sections 34 and 38 of the Act or § 56a '.
11. Paragraph 16 (2) is deleted and paragraph 1 is deleted.
12. In paragraph 19, the second sentence is deleted in paragraph 1.
13. In paragraph 19, the words "and the income of a citizen providing benefits in kind and performance on the basis of the approval of the National Committee 'are deleted from paragraph 2.
14. Paragraph 19 shall be added to paragraph 8:
"(8) In the case of self-employed persons, compliance with the condition of a substantial reduction in earnings from earnings achieved during the previous calendar year shall be examined. For these purposes, the basis of assessment (Paragraph 65) shall be regarded as a profit. '
15. The second sentence of Paragraph 23 (1) reads: "If it is a self-employed person, it shall be regarded as income from its activity as a basis of assessment (§ 65)."
16. In Paragraph 23 (2), the third sentence is: "If they are self-employed, the pension shall be reduced at the end of each calendar year."
17. in Paragraph 35 (2), "40%" is replaced by "50%."
18. Paragraph 35 shall be added to paragraph 3:
"(3) Where part of the pension is paid under the preceding paragraphs, it shall be paid at least one half of the pension, in total for all beneficiaries. ';
19. In the second sentence of Paragraph 37 (3), the words "except for visually impaired persons, if they are completely blind at the age of 14 'are deleted.
20. In Paragraph 40 (1), the second sentence is deleted.
21. Paragraph 42 (2) reads as follows:
"(2) Gross earnings are also earnings for calendar months, in which a citizen operating under the employment agreement has not been ill-secured only because his income has not reached the income of 400 CZK per month."
22. Paragraph 44 (1) reads as follows:
"(1) Czechoslovak citizens who, in the framework of international cooperation, are engaged abroad for foreign employers in an activity facilitated by a competent Czechoslovak state authority or an authorised Czechoslovak organisation, provided that these citizens pay regular contributions under specific regulations. '
23. in Paragraph 45, the provisions of (c) shall be deleted; point (d) shall be renumbered (c).
24. After Paragraph 56, the following Section 56a is inserted:
Civil service citizens
(1) A period of civil service shall be considered as a job. 70) However, for determining the average monthly earnings, this period shall be considered as a replacement period.
(2) An accident sustained in the course of an activity carried out in a civil service under the instructions of the organisation or in direct connection with such performance is considered to be an accident at work; Paragraph 19 (2) of the Act applies mutatis mutandis.
(3) The period of civil service shall be demonstrated by a confirmation of the national committee which issued the call for service. The organisation in which the civil service is performed shall keep the necessary records and provide the national committee with the necessary supporting documents. ';
25. in Article 58 (1), the words "first, however, on 1 January 1953," shall be deleted.
26. in Paragraph 59 (1) (i), the words "in pioneer camps" shall be replaced by "in children's camps."
27. Part Two:
SOCIAL SECURITY
C § 1 (8), § 2 (1) (c), § 6 (1) (f), § 8 (1) (g), § 145a and 145b of the Act
General provisions
Personal Range
(1) For the purposes of sickness and pension insurance, self-employed persons shall be regarded as:
(a) persons engaged in business activities under the Act on the Private Entrepreneurship of Citizens (71) and other persons engaged in self-employed activities under their own direction and on their own account under other generally binding legislation;
(b) persons performing artistic or other creative activities under the Law on the Works of Literary, Scientific and Artistic (Copyright Act) 72) outside employment and similar relationships, if they wish to carry out such activities on a continuous basis,
(c) self-employed farmers who farm agricultural land and are self-employed; or
(d) sportsmen who, according to their declaration of professional activity, are engaged in an occupation but not in a professional or similar relationship.
(2) Under the same conditions and to the same extent, sickness and pension insurance for self-employed persons
(a) as referred to in paragraph 1 (a) and (b), the spouses of such persons shall also participate in their professional activities, or
(b) referred to in paragraph 1 (b), (c) take part in the permanent employment of a self-employed farmer, including spouses, children and siblings from the end of compulsory education, parents, father-in-law, son-in-law, son-in-law and daughter-in-law, partner (s) of the self-employed farmer, and the spouse (s) of that cooperating member of the family, not including employment relationships
("cooperating persons').
Participation in security
(1) Self-employed persons are involved in sickness and pension insurance during the calendar month, provided that they have paid insurance premiums for that month.
(2) The security is established on the date on which the self-employed person entered the application as the date of commencement of his activity, but first on the date on which he is entitled to carry out his activity, and ends on the date on which he entered the notice and at the latest on the date of expiry of the authorisation.
(1) The self-employed person is required to lodge an application for security within eight days of the start of this activity and to lodge an appeal within eight days of the end of that activity. A self-employed person shall submit an application and a check-in for the cooperating persons within these time limits.
(2) A self-employed person shall not be required to apply for a security application if he / she carries out such a small activity that his / her income is not to reach CZK 4800 per year or if he / she is already involved in sickness and pension insurance for any other reason or receives an old-age or invalidity pension.
(3) The persons referred to in paragraph 2 may withdraw from security at any time.
(4) Where a self-employed person ceases to work for the purpose of military service, childcare or other serious long-term reasons, he shall be exempt from security on request. In such cases, the check-in shall be filed within the time limits referred to in paragraph 1, and if the application is renewed.
(5) Applications and applications shall be submitted on the forms laid down to the competent social security authority.
Payment of premiums
(1) Insurance shall be paid on behalf of the competent social security authority for the whole calendar month, until the 20th day preceding the calendar month. The competent social security authority may, upon request, authorise the payment of premiums for a longer period.
(2) Self-employed persons pay self-insurance and co-operating insurance. The insurance is paid in full.
(3) The premium shall be paid for the first time for the calendar month in which the security arose, within eight days of the start of business, and for the last time for the calendar month in which the security ceased to exist. If security occurs after the 20th day in the calendar month, the premium shall be payable for the following calendar month within the same period.
(4) The premiums due may be refunded. In this case, the assessment basis must be the same throughout the period for which the premium is paid.
Measurement basis
The amount of the assessment basis for determining the amount of the premium shall be determined by the self-employed person, but not more than 10 000 Kčs per month.
General conditions for granting benefits
(1) The benefit is payable if the conditions for entitlement to it are met and the insurance is paid for the entire duration of the security, including the period during which sickness benefits are to be paid, unless otherwise provided for in this decree.
(2) The withdrawal period is extended only if a security check is filed after the end of the self-employment activity.
(3) Insurance premiums not payable
(a) where the entitlement to sickness benefit has been established after the termination of the security either within a period of protection or during the period during which the self-employed person receives sickness or monetary assistance in the maternity sector; or
(b) for the period during which the sickness benefit was received after the cessation of security, where entitlement to the benefit was acquired during the period prior to the date of cessation of entitlement to self-employment.
(4) Entitlements for benefits are applied on the established forms.
Disability
Benefits
(1) The following benefits are granted under sickness insurance:
(a) sick persons,
(b) maternity allowance;
(c) aid at the time of birth of the child;
(d) child allowances;
(e) death grants;
(f) spa care.
(2) The condition for entitlement to the benefit and its provision is that insurance premiums have been paid in due time for the calendar month in which the entitlement arose. there is no entitlement to benefit by way of payment of the premiums due.
Sickness
(1) A self-employed person shall be entitled to sickness benefits if, for sickness, accident or during the period of spa care, he is recognised as being temporarily unable to pursue a self-employed activity in the absence of such activity during that incapacity. This is also the case if a quarantine has been ordered to a self-employed person under the rules on combating communicable diseases.
(2) The sickness benefits per calendar day and is determined on the average daily amount of the assessment basis, but not more than the amount of the 107 CZK.
(3) The average daily amount of the assessment basis shall be calculated by dividing the sum of the assessment bases in the relevant period by the number of calendar days per relevant period. The relevant period shall be the previous calendar year and, if security does not persist throughout that year, part of that year, but at least six calendar months; in other cases, the relevant period of the last 12 calendar months before the month in which the entitlement to the sickness was incurred and, if the security persists for a shorter period, the entire shorter period. The calendar month in which entitlement to sickness is acquired shall not be included in the relevant period; However, if the relevant period falls within the calendar month during which the sickness insurance was created or disappeared, the whole of that month shall be included in the relevant period.
(4) No increase shall be made for accidents at work or occupational disease.
Money aid in motherhood
(1) Cash assistance in maternity is due from the date of cessation of the current self-employment, from the beginning of the sixth week before the expected date of birth, but not before the beginning of the eighth week before that date.
(2) Paragraph 68 (2) and (3) applies mutatis mutandis.
Child allowance
In order to qualify for childcare allowance, the conditions of employment and working time shall be deemed to be fulfilled if the self-employed person is a party to the security provided for in this Part.
Common provisions
(1) Children's allowances, childbirth aid and death grants shall not be granted to the beneficiary where similar sickness benefits are due under other rules.
(2) If the sickness allowance (Paragraph 68) is granted for the same period under other rules, the sickness allowance shall be set at a maximum amount which, together with the sickness provided under other regulations, does not exceed the amount of 75 CZK per calendar day, if the first three calendar days of incapacity, the amount of 96 CZK per fourth and every subsequent day of incapacity, and the amount of 107 CZK for active tuberculosis. This applies mutatis mutandis to the provision of monetary assistance in motherhood (§ 69).
Pension insurance
(1) The activity of self-employed persons shall be taken into account as a period of employment where premiums have been paid for the entire duration of the security; If no insurance has been paid for that period until the date on which the pension is awarded or increased, it shall be taken into account as employment period only from the date on which the insurance is paid.
(2) The assessment basis is considered to be gross income (Section 65).
(3) Paragraph 12 (7) shall not apply to the calculation of the average monthly earnings on gross earnings referred to in paragraph 2.
(4) Invalidity and partial invalidity pensions are not increased for accidents at work or occupational disease.
(5) In the event of the pension scheme being involved by beneficiaries of old-age and widower's pensions, these pensions shall be granted under the conditions laid down for the provision of these pensions in the Government of the Czechoslovak Socialist Republic Regulation No. 142 / 1983 Coll., on the provision of pensions to certain working pensioners, subject to the condition that a fixed-term employment contract under Sections 2 and 3 of this Regulation is deemed to be fulfilled. '
Article 28 (73) to (106) shall be deleted.
29. in Article 108 (4), the words "The Socialist Union of Youth, the Revolutionary Trade Union Movement or others" shall be replaced by the words "Trade Unions";
30. Paragraph 112 (2) shall be added to point (e) as follows:
"(e) civil service. 70)."
31. the following Section 112a is inserted after Section 112:
Security of service in the armed forces
(1) A self-employed person (§ 61 (1) and (2)) shall be entitled to a military exercise and other types of service in the armed forces of the Czechoslovak Federal Republic referred to in § 112 (2) to compensation for the earnings.
(2) Compensation for earnings is for each calendar day of military training (other services)
(a) 50% of the average daily amount of the assessment basis (Paragraph 68 (3)), if the self-employed person does not feed any person;
(b) 65% of the average daily amount of the assessment basis, provided that the self-employed person feeds one person;
(c) 90% of the average daily amount of the assessment basis, provided that the self-employed two persons are nourished; and
(d) 95% of the average daily amount of the assessment basis, if the self-employed person is three or more persons.
(3) Nutrient persons are those who are recognised as dependants in the provision of compensation for wages in military training to workers in employment. 73)
(4) Reimbursement of earnings is provided by the competent social security authority which carries out sickness and pension insurance for self-employed persons. No remuneration is required under § 92 of the Act for the provision of this benefit. '
32. In Part Three, Title Four reads:
_
Article 90 (1) of the Law
Contribution to citizens who cannot be employed
(1) Citizens whose living needs are not covered by income from gainful activity or other income, who cannot be provided with physical security under the special rules on the protection of workers in the event of organisational changes and citizens before their entry into employment (74), and whose living needs are not covered by income from gainful activity or other income, the competent national authorities provide a cash benefit up to the amounts referred to in § 140, which are considered necessary to ensure nutrition and other personal needs and to pay household costs.
(2) A one-off cash levy of up to 1000 CZK may be granted to cover exceptional expenses.
(3) In justified cases, the place of cash benefits referred to in paragraphs 1 and 2 may be provided in kind, up to the amounts indicated.
(4) No reimbursement shall be required for the provision of benefits to the citizens referred to in paragraph 1 under Paragraph 92 of the Act. '
The fourth to sixth heads shall be referred to as the fifth to seventh heads.
33. In the second sentence of Paragraph 122 (4), the words "in proportion to their average net monthly income 'are replaced by the words" in proportion to the rates applicable to them' and the following sentence is added: "The amount of the remuneration thus adjusted shall be rounded to the nearest crown '.
34. in Article 139 (1) (c), the words "within two years" shall be replaced by the words "within three years."
35. at the end of Paragraph 139 (2) (l), the words "and pre-employment allowance shall be added. 75)."
36. in Article 139 (5) (d), the words "his spouse (spouse) and any other person who lives with a citizen in the common household and has a maintenance obligation" shall be replaced by "his spouse (spouse)."
37. In Section 145, the dasavad text becomes paragraph 1 and the following paragraph 2 is added:
"(2) A self-employed person shall, when exercising entitlement to sickness or maternity benefits, declare that he is entitled to such benefits under other provisions (Section 71 (2)). '
38. In Article 146 (c), the words "this also applies in respect of experts abroad" are replaced by "for experts of an organisation to which an expert is an expert in employment and, in other cases, an intermediate body (organisation)."
Paragraph 146 (i) reads as follows:
"(i) for self-employed persons, the competent social security authority which carries out their security;"
40.
"(l) for citizens referred to in Article 2 (3), the relevant religious order,
(m) in the case of citizens performing a civil service, the National Committee which issued the call for a civil service, ';
Paragraph 146 (p) reads as follows:
"(p) in the case of long-term relaxation of athletes (§ 55), body unity which pays remuneration."
42. Paragraph 147 (5) reads as follows:
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Regulation Information
| Citation | Decree No. 123 / 1990 Coll., amending and supplementing Decree No. 149 / 1988 Coll., implementing the Act on Social Security, Decree No. 165 / 1979 Coll., on the sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases, and Decree No. 91 / 1958 Coll., which publishes the measures of the Central Council of Trade Unions on the organisation and conduct of occupational sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.04.1990 |
|---|---|
| Effective from | 01.05.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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