Decree of the Ministry of Finance, Prices and Wages of the Czech Republic No. 138 / 1990 Coll.
Decree of the Ministry of Finance, Prices and Wages of the Czech Republic laying down the conditions for statutory insurance of the liability of the entrepreneur for damages incurred by the worker in the performance of his duties or in direct connection with him
Valid
Effective from 01.05.1990
138
DECLARATION
Ministry of Finance, Prices and Wages of the Czech Republic
of 28 April 1990
laying down the conditions governing the statutory insurance of the operator's liability for damage incurred by the worker in the performance of his duties or in direct connection with his or her duties
The Ministry of Finance, Prices and Wages of the Czech Republic provides, pursuant to § 22 paragraph 2 of Act No. 105 / 1990 Coll., on the Private Entrepreneurship of Citizens ("the Act '):
Insurance conditions
For the Czech State Insurance Company (hereinafter referred to as the "Insurance Company '), in case of its liability for damages under the Labour Code, the entrepreneur (hereinafter referred to as the" insured') is registered with the authority responsible for registration in the Czech republity.2)
(1) The insured person shall have the right to be compensated by the insurance undertaking for any damage caused to his worker in the performance of his duties or in direct connection with him to the extent that the insured person is responsible under the Labour Code. 3)
(2) The insurance event is the creation of an obligation on the insured to compensate for this damage. If the competent authority decides to compensate for such damage, the insurance event only occurred on the date on which the decision under which the insurance undertaking is to comply became final.
The insurance undertaking shall reimburse the costs of both judicial and extrajudicial proceedings in connection with an event which could give rise to a right of execution only if it undertakes to pay them in writing.
The insurance undertaking shall not cover any damage which the insured undertaking has undertaken to cover beyond the limits laid down by the legislation.
(1) The refund is paid by the insurance company in Czechoslovak currency.
(2) If the insured does not agree to be fulfilled by the injured party, the insurance undertaking shall deposit the performance in notarial custody.
(3) If the insurance undertaking is to pay compensation to the injured party who has suffered from the same event and the right of performance from the contractual insurance of the case, the insurance undertaking's obligation to compensate for the insured damage in accordance with Article 2 is fulfilled up to the amount of the performance from the contract insurance on the date of its payment, even without the consent of the insured person.
(4) If the same event arises of the right of performance from several liability insurance, only one of them may be accepted to the extent that they are identical.
(5) If he has replaced the injured party directly or part of the injured party, he shall have the right to receive the property benefit thus obtained from the insurance undertaking.
The insurance undertaking shall be obliged to carry out at the latest 30 days after the completion of the investigation necessary to establish the extent of the insurance undertaking's obligation to provide the performance. The investigation shall be terminated if the amount of compensation has been agreed between all participants or if the insurance undertaking has received a final decision on the amount of compensation.
(1) Where the insured person has the right to repayment of the amount paid, to reduction of the pension or to cessation of payment of the pension, the right to the insurance undertaking shall be transferred if the insured person has paid that amount or is paid a pension for him.
(2) The insurance undertaking shall also be subject to the right of the insured to pay the costs referred to in Section 3 which have been awarded against the opponent if the insurance undertaking has paid them for the insured.
Interactivity of the insured
(1) The insured person shall be obliged to provide the insurance undertaking with the assistance necessary to establish the cause and amount of the damage, in particular to notify the insurance undertaking without undue delay that an event has occurred that could give rise to the right of performance, to draw up a statement of its origin, the causes and the extent of the registration and to take the necessary measures to minimise the damage. The insured person shall be obliged to allow the insurance undertaking to verify the extent and amount of the damage and to inform the insurance undertaking whether he will exercise the right to benefit from another liability insurance.
(2) The insured person shall inform the insurance undertaking in writing without undue delay that:
(a) the right to compensation to be paid by the insurance undertaking has been exercised and the amount of compensation requested has been expressed;
(b) the right to compensation has been exercised in a court or other competent authority.
(3) The insured person shall immediately notify the law enforcement authorities that an event which could justify the right to the performance of the insurance undertaking has occurred in circumstances which give rise to suspicion of the commission of a criminal offence.
(4) The insured is obliged to inform the insurance undertaking whether the damage was caused by the alleged breach of employment obligations in employment relations and the fact that it has been decided to suspend the performance of his business.
(5) The insured is obliged to follow the instructions of the insurance undertaking, in particular to agree with the insurance undertaking on who will represent the insured and to allow the insurance undertaking to participate in the proceedings.
(6) If the insurance undertaking infringes the obligations referred to in paragraphs 1 to 5 and thereby makes it difficult to establish the legal reason for the performance, extent or amount of the damage, the insurance undertaking shall have the right to adequate compensation against it, in particular the costs incurred by the infringement, up to a maximum of half of the amounts paid by the insurance event.
If the insured person does not object to a limitation without the agreement of the insurance undertaking or undertake to pay a limitation claim without such consent, the insurance undertaking shall not be obliged to comply.
(1) The insurance undertaking has the right to compensation in respect of the insured person up to the amount of the service provided
(a) if the insured damage is intentionally, under the influence of alcohol or other addictive substances, 4)
(b) if the insured person has infringed the safety and health rules at work and if such a breach was caused by the occurrence of damage;
(c) if damage has been caused directly by the performance of an activity suspended under the law. 5)
(2) The same right is enjoyed by the insurance undertaking against the insured if the damage was caused by the alleged breach of employment obligations in employment relationships, but only up to the amount which the insured person may require of the worker responsible under labour law. 6)
(3) The insurance undertaking shall be entitled to cover up to 20% of the amounts it has paid due to claims arising at the time when the insurance was not paid.
(1) If the insurance undertaking has compensated for the insured damage, the insured person's right to compensation shall be transferred to him who is responsible for such damage. 7)
(2) The insured is obliged to ensure this right against another. If the insured is in breach of this obligation, the insurance undertaking shall be entitled to claim compensation up to the amount of the payment.
(3) The insurance undertaking shall not transfer claims against persons who live with it in the common household or who are dependent on it by nutrition. However, this does not apply if these persons have caused damage intentionally.
Insurance
(1) The obligation to pay the insurance is incurred by the insured, if he employs at least one worker. The insured person shall notify the insurance undertaking in writing without undue delay.
(2) The insurance period is the calendar year. The premium shall be paid retroactively and payable no later than 15 May of the following calendar year.
(3) Insurance is paid mainly by the insured person from an account held with an organisation that is entitled to provide cash services. 8) If this account is not kept, it shall be valid in another form; in which case the premium is increased by 20 CZK.
(4) The premium shall be determined on the basis of the total annual amount of all gross wages and remuneration paid to the insured person during the insurance period to the workers he employed, on the basis of the appropriate rate for the corresponding type of activity of the insured person listed in the Annex to this Order. Where insured persons carry out different types of activity for which different rates are set, the highest of them shall apply.
(5) The insured person is obliged to notify the insurance undertaking of the total gross wages and remuneration applicable to the calculation of the premiums by 15 February of the following calendar year at the latest after the insurance period. At the same time, the insured person shall indicate his identification number and, where applicable, the authorisation for the insurance undertaking to collect insurance premiums from its account, including the account number of the organisation authorised to provide cash services. If the insured person has died, he shall be obliged to communicate this information to any of the heirs or, where appropriate, to the competent State authority.
(6) The amount of premiums and the method of calculating them shall be communicated by the insurance undertaking to the insured person by 31 March of the year in question.
(7) If the insurance obligations laid down in paragraphs 1 and 5 have not been fulfilled or if it has communicated to the insurance undertaking incorrect or incomplete information relevant for the determination of the premiums, the insurance undertaking shall be entitled to require an annual rate of up to 50%.
(8) If the premium has not been paid on time, the amount due shall be increased by 10% for each month of delay, by at least 10 CZK and rounded down to the whole of the Cds.
Termination of insurance
(1) The insurance ceases to exist by the end of business, 9) if it has not ceased to exist by registering a new entrepreneur who continues the activity.
(2) If, in the event of the death of the insured, the rights and obligations of the heir are not transferred, the injured person shall have the right directly to the insurance undertaking to make good the damage to him to the extent that he would be obliged to replace the insured himself.
Common and final provisions
Unless otherwise provided for in this Insurance Order, the provisions of the Economic Code shall apply, with the exception of those which do not correspond to the nature of the private business of citizens or are contrary to the status of an entrepreneur as defined in the Act.
The insurance undertaking shall be entitled to verify for the insured information relating to the payment of the insurance premiums and the data necessary for the handling of the claims.
The law referred to in § 8 (6), § 10 and 11 may be waived in part or in full by the insurance undertaking.
The effective date of the Act gives rise to insurance for citizens who have been authorised to register within the meaning of the relevant provisions of this Act (10) and are covered in full by this Decree.
This Decree shall take effect on 1 May 1990.
Minister:
Ing. Nicodemou v. r.
Annex to Decree No 138 / 1990 Coll.
Annual premium rates by type of activity
| Z roční výše vyplacených hrubých mezd a odměn v ‰ | |||
|---|---|---|---|
| 1. | stavebnictví, výroba stavebních hmot, těžba dřeva a surovin, chemická výroba, zemní, kamenické, studnařské, kominické a pokrývačské práce, práce s výbušninami, práce ve velkých výškách | 4,9 | |
| 2. | doprava (včetně vodní), odtahová služba, taxi služba, půjčování a opravy motorových vozidel, dřevovýroba a kovovýroba, včetně oprav, umělecké kovářství, klempířské a zámečnické práce, pohostinství, výroba potravin | 4,1 | |
| 3. | ubytovací služby, provozování kempinků, garáží, obchodu, sklenářství, drobné opravy vodohospodářských a plynárenských zařízení, instalační práce, malířské a natěračské práce, krejčovství, obuvnictví, čalounictví, praní, opravy a čištění prádla, úklidové služby, fotoslužba, kadeřnictví, holičství, manikura, pedikura, kosmetika, vazba knih, vydavatelství a polygrafické práce, opravy optiky a audiovizuální techniky, provozování zábavních a estrádních podniků a lunaparků | 2,1 | |
| 4. | projektová, inženýrská, poradenská, programátorská nebo vývojová činnost, vyučování, proutkařské práce | 1,5 | |
| 5. | ostatní činnosti | 2,5 | |
1) Sections 22 (1), 29 and 31 of Act No. 105 / 1990 Coll., on the Private Business of Citizens.
2) Act No. 127 / 1990 Coll., on certain measures related to the issue of the Act on the Private Entrepreneurship of Citizens.
3) § 187 to 205b of the Labour Code.
4) Paragraph 1 (3) of Act No. 37 / 1989 Coll., on Protection against Alcoholism and Other Toxicomanities.
5) Article 11 (6) of Act No. 105 / 1990 Coll.
6) § 179 of the Labour Code.
7) § 205c of the Labour Code.
8) Act No 158 / 1989 Coll., on banks and savings banks.
9) Articles 11 (4) and 12 of Act No. 105 / 1990 Coll.
10) Sections 29 and 30 of Act No. 105 / 1990 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Ministry of Finance, Prices and Wages of the Czech Republic No. 138 / 1990 Coll., laying down the conditions for statutory insurance of the liability of an entrepreneur for damage incurred by the worker in the performance of his or her duties or in direct connection with him |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.1990 |
|---|---|
| Effective from | 01.05.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0