Act No. 136 / 2014 Coll.
Act amending Act No. 435 / 2004 Coll., on Employment, as amended, Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and Act No. 251 / 2005 Coll., on Labour Inspection, as amended
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Effective from 01.01.2015
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136
THE LAW
of 18 June 2014
amending Act No. 435 / 2004 Coll., on Employment, as amended, Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and Act No. 251 / 2005 Coll., on Labour Inspection, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Employment Act
Act No. 20 / 2009, Act No. 13 / 2005 Coll., Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No 2011, Act No. 20 / 2011, Act.
1. in Paragraph 8a (1), point (k) shall be deleted;
Points (l) to (s) shall be renumbered as points (k) to (r).
2. in Article 30 (1) (b) (2) and Article 31 (c), the words "or the public administration contact point" shall be deleted;
3. In Paragraph 44b (1), the words "Labour Office 'are replaced by" Regional Branch of the Labour Office'.
4. In the last sentence of Paragraph 44b (6), the words "Labour Office 'are replaced by the words" Regional Branch of the Labour Office' and the words "the outstanding amount of compensation paid shall be recovered from the employer by that customs office '.
5. In the third sentence of Paragraph 66, the words "or is a person with disabilities' are deleted.
6. Paragraph 67 (2) reads:
"(2) Persons with disabilities are natural persons recognised by the social security authority
(a) disabled persons on the third step 32a) (hereinafter referred to as the "person with a heavier disability");
(b) invalidity at first or second step (88); or
(c) disabled (hereinafter referred to as "disabled person"). "
7. In Paragraph 67, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) A disabled person is a natural person who is to maintain the ability to pursue a continuous job or other gainful activity, but his or her ability to be or remain employed, to pursue an existing profession or to benefit from an existing qualification or qualification to obtain it is substantially limited because of his or her long-term unfavourable health status; However, a disabled person may not be a person who is a disabled person under paragraph 2 (a) or (b).
(4) For the purposes of this Act, a state of health which, according to medical science, is expected to last for more than one year and significantly reduces physical, sensory or mental capacity and thus the ability to work. '
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
8. Paragraph 67 (5) reads:
"(5) The fact that he is a person with disabilities is evidenced by a natural person
(a) an assessment or confirmation by the social security authority in the cases referred to in paragraph 2 (a) or (b);
(b) confirmation or decision of the social security authority in the case referred to in paragraph 2 (c). ";
9. In Article 75 (6), the words "on the date of submission of the application 'are deleted.
10. In Paragraph 75 (8), the first sentence is replaced by the following: "The application for the establishment of a protected post must be accompanied by proof of the establishment of an account in a money institution. A certificate of compliance referred to in paragraph 6 shall be provided by the Labour Office itself in accordance with Article 147b, provided that the employer gives his written consent and relieves him of the competent financial or customs office, the competent district social security administration or the relevant health insurance company of the employment office. Where the employer demonstrates compliance with the condition referred to in paragraph 6 by submitting a certificate himself, that certificate shall not be more than 30 days before the date of application referred to in paragraph 7 and the particulars shall correspond to the actual condition on the date of issue. ';
11. in Paragraph 75 (13), the word "k)" is replaced by "l)";
12. in Paragraph 76 (2), the words "on the date on which the application for a contribution is lodged" shall be deleted;
13. in Paragraph 76 (3):
"(3) The contribution to the partial reimbursement of the operating costs of the sheltered post shall not be granted to the post set up or defined
(a) outside the employer's place of work;
(b) for employed workers who are disabled; or
(c) an employer who is an agency of work, where this post is filled by an employee who is a disabled person and who is temporarily assigned to work with the user. "
14. In Paragraph 76 (5), the first sentence is replaced by the following: "The application for a partial reimbursement of the operating costs of a protected post must be accompanied by proof of the establishment of an account in a money institution. A certificate of compliance referred to in Article 75 (6) shall be provided by the Office of Labour itself, pursuant to Article 147b, provided that the employer gives written consent to it and relieves it of the competent financial or customs office, the competent district social security administration or the relevant health insurance company of the employment office. Where the employer demonstrates compliance with the condition set out in Article 75 (6) by submitting a certificate himself, that certificate shall not be more than 30 days before the date of application referred to in paragraph 4 and the information shall correspond to the actual condition on the date of issue. ';
15. In Paragraph 78 (2), at the end of the first sentence, the words "if it is a disabled person under Section 67 (2) (a) or (b), and not more than CZK 5,000, if it is a disabled person 'shall be added.
16. In Paragraph 78 (3), the word "proven 'is deleted, after the words" no more than CZK 2 000 per month per employee who is a disabled person', the words "and no more than CZK 1 000 per month, if it is a disabled person 'and at the end of the text of the sentence of the second sentence, the words' or the words' or the words' or to the employees of the employment agency who is a disabled person who is temporarily assigned to work for the user 'are added.
17. in Paragraph 78 (7) (c), the word "or" shall be deleted;
18. In Paragraph 78, at the end of paragraph 7, the dot is replaced by "or 'and the following point (e) is added:
"(e) for the quarter in which the staff member of the employment agency who is a disabled person has been temporarily assigned to work with the user."
19. in Paragraph 78 (8) (e), the word "increased" shall be replaced by "increased" and, at the end of the text, the words "or, in the event of non-compliance, the conditions expire 12 months after the date of establishment of the protected post or the date of establishment of the protected post" shall be added.
20. In Paragraph 81, the sentence "For employers who are a work agency pursuant to Paragraph 14 (3) (b) shall not be added to the total number of employees in the employment relationship who are temporarily assigned to work with the user."
21. in Article 81 (2) (b), the words "in established or defined jobs" shall be inserted after the words "staff" (Article 75).
22. In Article 81 (3), the words "customer identification data and the price of goods, services or contracts delivered without value added tax 'are replaced by the words" customer identification data, the price of goods, services or contracts delivered without value added tax, the date of delivery of goods, services or the award of contracts and the number of the document on the basis of which the supply of goods, services or contracts was made'.
23. In Paragraph 83, the sentence "In the declaration referred to in the first sentence, the employer is required to provide the Regional Branch of the Labour Office with the employer's identification details from which the goods or services have been withdrawn or to which the contracts have been awarded, the price of the goods, services or contracts withdrawn, excluding value added tax, the date of withdrawal of the goods, services or contracts and the number of the document on which the purchase of the goods, services or contracts was made."
24.
A stranger who holds a blue card, employee card or has been granted a permit to work may be sent by the employer to work in accordance with Paragraph 42 of the Labour Code if this corresponds to the nature of the work he has done, for which a blue card, employee card or employment permit has been granted. '
25. Paragraph 95 (4) reads as follows:
"(4) Where the content of the contract referred to in paragraph 1 is the temporary assignment of a stranger to work with a user, the Regional Branch of the Office of Labour shall not issue an employment permit (§ 66). '
26. In Article 100 (2), the words "secondment to work pursuant to Article 93 'shall be inserted after the words" Labour Code'.
27. in Paragraph 109 (2) (g), "prices" is replaced by "costs."
28. In Paragraph 111 (3), "average rate 'is replaced by" average percentage';
29. in Article 111 (4), the words "minimum rates" shall be replaced by the words "minimum percentages."
30. In Paragraph 111 (11), "Average rate 'is replaced by" Average share' and "average rate 'is replaced by" Average share'.
31. in Paragraph 111 (12), the words "expressed by the rate" shall be replaced by the words "expressed by the proportion";
32. in Paragraph 112 (1) first sentence, "12" is replaced by "24."
33. in Article 113 (3) and (4), the word "rate" shall be replaced by "share" and the words "average rate" shall be replaced by "average rate."
34. in Article 118 (2), point (b) is deleted;
Point (c) shall be renumbered (b).
35. in Paragraph 118 (3):
"(3) The allowance shall be granted on condition that the employer does not record in the tax register tax arrears held by the tax or customs office, the arrears of insurance premiums and periodic penalty payments for public health insurance or insurance premiums and social security penalties and contributions to the state employment policy, except where payment in instalments has been authorised and the employer is not late for payment of payments or the deferred tax has been allowed. A certificate of compliance with this condition shall be provided by the Labour Office itself, in accordance with Section 147b, provided that the employer gives his written consent to it and relieves him of the competent financial or customs office, the competent district social security administration or the relevant health insurance company of the employment office. Where the employer demonstrates compliance with the condition laid down in the sentence by the first submission of the certificate itself, that certificate shall not be more than 30 days before the date of application referred to in paragraph 1 and the data therein shall correspond to the actual condition on the date of issue. The Regional Branch of the Labour Office may also require the submission of other documents if they are necessary for the examination of the application. ';
36. In § 119a (3) (a), the amount "CZK 5,000" is replaced by "CZK 500 at most."
37. in § 119a (3) (b):
"(b) for the placement of the candidate for employment and his / her stay in employment for a period of at least 6 months of up to 6 250 CZK."
38. in Paragraph 119a (3), point (c) is deleted;
39. In Article 136, the words "as employer," and the words "and the documents which are required to be kept under Section 102 (3)" shall be inserted after the words "the person is a person," and at the end, the sentence "Compliance with the first sentence shall not be required if the employer has fulfilled the obligation to notify the district social security administration of the date of recruitment of the employee, which established him to participate in sickness insurance under the sickness insurance law."
40. In Paragraph 136, the present text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) In order to verify the facts referred to in paragraph 1, the National Labour Inspection Office and the Regional Labour Inspectorate shall be entitled to obtain from the Czech Social Security Administration the following data held in the register of insured persons by means of a remote access procedure:
(a) the creation and termination of participation in or entry into employment or, in the case of a contract staff member, the commencement and termination of work for the contract employer;
(b) the type of gainful activity constituting participation in sickness insurance;
(c) the company, name or surname of the employer, including the address of its registered office or permanent residence or place of business, as the case may be.
(3) In order to verify the facts referred to in paragraph 1, the National Labour Inspection Office and the Regional Labour Inspectorate shall be entitled to obtain data from the Single Information System of Labour and Social Affairs in a manner that allows remote access to:
(a) whether a natural person is kept in the register of applicants for employment;
(b) citizens of the European Union and foreigners led by the relevant regional branch of the Labour Office;
(c) provided under Paragraph 8a (1) (o) of this Act. ';
41. in Paragraph 138, the words "and Security Information Services," shall be replaced by the words "Security Information Services, Office for Foreign Relations and Information and General Inspection of Security Corps."
42.In Article 139 (2) (c), the word 'or' shall be deleted.
43. In Paragraph 139, at the end of paragraph 2, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) does not indicate or give incomplete or false information in the register maintained in accordance with Paragraph 81 (3); or
(f) there are no copies of documents proving the existence of an employment relationship at the place of work referred to in Article 136 (1). "
44. in Article 139 (3) (c), the words "and (e)" shall be inserted after the words "(d)."
45. in Article 139 (3) (d), the words "and (f)" shall be inserted after the words "(c)."
46. in Paragraph 140 (2) (b), the word "or" shall be deleted;
47. In Paragraph 140, at the end of paragraph 2, the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) does not indicate or give incomplete or false information in the register maintained in accordance with Paragraph 81 (3); or
(e) there are no copies of documents proving the existence of an employment relationship at the place of work referred to in Article 136 (1). ';
48. the words "and (e)" shall be inserted after the words "(c)."
49. in Article 140 (4) (d), the words "and paragraph 2 (d)" shall be added at the end of the text of point (d).
50. In Paragraph 140 (4) (f), "CZK 250,000" is replaced by "CZK 50,000."
51. in § 141a (2) and in § 141b (4), the words "Labour Office" shall be replaced by the words "State Labour Inspection Office or Regional Labour Inspectorate, which decided to impose a fine at first instance,"
52. In Article 147b, the words "and ministries" shall be inserted after the words "Labour Office."
53. In Article 147c (1) of the introductory part of the provision, the words "and the Labour Office" shall be replaced by the words "the Office of Labour, the State Office of Labour Inspection and the Regional Inspectorate of Labour."
54. in Article 147d (1), 'g)' is replaced by 'h';
Transitional provisions
1. A natural person who, pursuant to the second sentence of Article II (4) of Act No. 367 / 2011 Coll. is considered to be a disabled person pursuant to § 67 (2) (b) of Act No. 435 / 2004 Coll., as effective as of 1 January 2012, from the date of entry into force of the Act until the expiry of the decision on recognition by a disabled person, issued before 1 January 2012, is deemed to be a disabled person under § 67 (2) (c) of the Act No. 435 / 2004 Coll., as effective as from the date of entry into force of the Act.
2. The performance of the compulsory share for the year preceding the date of entry into force of this Act is governed by Act No. 435 / 2004 Coll., as effective before the date of entry into force of this Act.
3. Administrative procedure on whether the liability under Article 141a (1) of Act No. 435 / 2004 Coll., as effective before the date of entry into force of this Act, or Article 141b (3) of Act No. 435 / 2004 Coll., as effective before the date of entry into force of this Act, has been established and who is the guarantor, definitively completed before the date of entry into force of this Act, shall be completed by the State Office of Labour Inspection or the relevant Regional Labour Inspectorate under Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act.
4. The provision of a contribution pursuant to § 78 (2) of Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act, and its increase pursuant to § 78 (3) of the Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act, for the last calendar quarter preceding the date of entry into force of the Act is governed by Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act.
5. The administrative procedure for the grant of a contribution to the promotion of the employment of disabled persons in a protected post pursuant to Article 78 of Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act, which was not definitively completed before the date of entry into force of the Act, shall be completed in accordance with Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act.
6. The period of 12 months pursuant to § 78 (3) of Act No. 435 / 2004 Coll., as effective before the date of entry into force of this Act, applies to all employers.
Amendment of the Act on the organisation and implementation of social security
Act No. 1 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 31 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 5 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 13 / 2004, Act No. 13 / 2004, Act No. 5 / 2004, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 31 / 2006, Act No. 13 / 2006, Act No. 13 / 2004, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 2006, Act No. 5, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 5, No 2006, No 2006, No 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No.
1. At the end of the text of § 1, the words "and in the case of persons with disabilities' shall be added.
2. in Paragraph 6 (4) (a) (18):
"18th in the case of persons with disabilities, '.
3. in Article 7 (b), the words "(a) (18) 'are inserted after the words" Article 6 (4)';
4. in Article 8 (1) (c):
"(c) whether the person is disabled,"
5. In Paragraph 8 (9), the sentence "The Czech Social Security Administration shall assess whether the person is disabled for the purposes of appeal proceedings' is inserted after the first sentence.
6. In the fourth sentence of Article 8 (9), the words "and the second 'shall be inserted after the words" first'.
7. In Article 8 (10), the words "the first sentence 'shall be inserted after the words" paragraph 9'.
8. At the end of the title of Part Six, the words "AND THE MANAGEMENT OF PERSONS HEALTHLY AVAILABLE 'shall be added.
9. In Part Six, Title One, including the title, reads:
MANAGEMENT IN HEALTH-RELATED PERSONS
Initiation
(1) The procedure for the recognition of a person with disabilities shall be initiated at the request of the citizen in writing. The procedure for recognition as a disabled person may not be initiated if the citizen has been recognised as an invalid or if an invalidity pension is being granted.
(2) The procedure for a citizen to cease to be a disabled person shall be initiated at the written request of a disabled person or on his own initiative.
Suspension and termination of proceedings
(1) If, in a procedure for recognition as a disabled person, a citizen has not submitted to an examination of the medical condition or has not submitted the findings of the treating doctors which he or she has had, or has failed to provide, the additional data required for the purposes of the recognition procedure for a disabled person, although he or she has been called upon to do so, the proceedings may be suspended until such examination has been carried out or the findings have been submitted, or the information requested has been communicated or substantiated, if the citizen has been notified in the call for such a result. If the suspension of proceedings under the previous sentence lasted at least 12 months, the proceedings may be terminated.
(2) The procedure for the recognition of a citizen as a disabled person shall be interrupted on the day of the opening of the procedure for the grant of an invalidity pension to the citizen under consideration. The County Social Security Administration shall continue the procedure for the recognition of a citizen as a disabled person, provided that an assessment has been given in the invalidity pension proceedings that the citizen is not an invalid.
Tasks of participants
Paragraph 36 (3) of the Administrative Regulation does not apply to the procedure for the recognition of a citizen as a person with disabilities and to the procedure for the cessation of a citizen from being a person with disabilities.
Time limits for the decision
The time limits for the decision to be taken shall be extended by the time limit for issuing the opinion referred to in Article 16a (2) in the procedure for the recognition of a citizen as a person with disabilities and for the fact that the citizen has ceased to be a person with disabilities.
Decision
(1) The decision to recognise a citizen as a disabled person states that that person is the date on which the citizen becomes disabled.
(2) In the decision that a citizen has ceased to be a disabled person, it is stated as the day from which a citizen is no longer a disabled person that that date is the day on which the decision becomes legal.
Obligations of persons with disabilities
A disabled person shall, at the request of the district social security administration, undergo an examination of the state of health or another expert examination in accordance with Article 16a (4) (a) or (b). If a disabled person fails to comply with this obligation, he shall cease to be a disabled person from the date specified in the decision of the district social security administration (§ 59 (2)); the condition of the decision is that the disabled person has been brought to the attention of this consequence in the call under the first sentence. ';
Amendment of the Labour Inspection Act
Act No. 251 / 2005 Coll., on Labour Inspection, as amended by Act No. 230 / 2006 Coll., Act No. 264 / 2006 Coll., Act No. 213 / 2007 Coll., Act No. 362 / 2007 Coll., Act No. 294 / 2008 Coll., Act No. 382 / 2008 Coll., Act No. 281 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 341 / 2011 Coll., Act No. 350 / 2011 Coll., Act No. 365 / 2011 Coll., Act No. 367 / 2011 Coll. and Act No. 64 / 2014 Coll., is amended as follows:
1. Paragraph 11 (2) reads as follows:
"(2) For the offence referred to in paragraph 1
(a) (a), (b) or (c) may be fined up to CZK 1 000 000 000,
(b) (d) a fine of up to CZK 400,000 may be imposed. "
2. in Article 12 (1) (a), the word "or" shall be deleted;
3. In Article 12, at the end of paragraph 1, the dot is replaced by "or 'and the following point (c) is added:
"(c) shall not ensure that the staff member does not exceed the specified scope of work under an agreement to carry out work or an agreement to work.";
4. in § 12 (2) (a), the amount "300 000 CZK" is replaced by "2 000 000 CZK."
5. In Paragraph 12, the dot is replaced by a comma at the end of paragraph 2 and the following point (c) is added:
"(c) (c) a fine of up to CZK 2 000 000 may be imposed."
6. Paragraph 24 (2) reads as follows:
"(2) For the administrative offence referred to in paragraph 1
(a) (a), (b) or (c) may be fined up to CZK 1 000 000 000,
(b) (d) a fine of up to CZK 400,000 may be imposed. "
7. in Paragraph 25 (1) (a), the word "or" shall be deleted;
8. In Paragraph 25, at the end of paragraph 1, the dot is replaced by "or 'and the following point (c) is added:
"(c) shall not ensure that the staff member does not exceed the specified scope of work under an agreement to carry out work or an agreement to work.";
9. In Paragraph 25 (2) (a), the amount "300 000 CZK" is replaced by "2 000 000 CZK."
10. In Paragraph 25, at the end of paragraph 2, the dot is replaced by a comma and the following point (c) is added:
"(c) (c) a fine of up to CZK 2 000 000 may be imposed."
11. in Paragraph 36 (2):
"(2) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings on him within 1 year of the date on which he became aware of it but no later than 3 years from the date on which he was committed. ';
12. In Paragraph 36, the following paragraph 3 is added:
"(3) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement of the legal obligation. ';
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Regulation Information
| Citation | Act No. 136 / 2014 Coll., amending Act No. 435 / 2004 Coll., on Employment, as amended, Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and Act No. 251 / 2005 Coll., on Labour Inspection, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.07.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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