Decree No. 141 / 1983 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on amendments and additions to Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended
Valid
Effective from 01.01.1984
141
DECLARATION
Federal Ministry of Labour and Social Affairs
of 25 November 1983
amending and supplementing Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended
The Federal Ministry of Labour and Social Affairs shall, in agreement with the participating central authorities and the Central Council of Trade Unions pursuant to Article 172 (1) of Act No. 121 / 1975 Coll., on Social Security, as amended by Act No. 150 / 1979 Coll., the legal measure of the Bureau of the Federal Assembly No. 7 / 1982 Coll. and Act No. 116 / 1983 Coll.:
Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended by Decree No. 108 / 1979 Coll., No 164 / 1979 Coll., No 15 / 1982 Coll. and No 78 / 1982 Coll., is amended as follows:
1. The following words are added at the end of Paragraph 11 (1):
"suffered in or directly related to employment in employment I (II)."
2. in Paragraph 14 (1) (a) (6), the words "(loyalty stabilization remuneration)" shall be inserted after the words "stabilisation remuneration."
3. Paragraph 14 (1) (d) reads as follows:
"(d) in relation to an occupational soldier, a national of the National Security Corps and a member of the Correctional Education Corps:
1. the service income and other cash requirements resulting from the service, if they are subject to payroll tax, 15)
2. special cash requirements where they are in the nature of stabilising remuneration even if they are exempt from payroll tax. "
4. In Paragraph 18, the present text becomes paragraph 1 and paragraph 2 is added as follows:
"(2) The entitlement to a full old-age pension shall not be increased for a period of additional employment for which the worker did not work on leave without compensation of salary (remuneration, income) or an unexcused absence of employment. '
5. In the first sentence of Article 20 (1), the words "and the income of a citizen providing a service on the basis of the authorisation of a national committee, reduced by the costs associated with that activity ', shall be inserted after the words" employment agreement'.
6. In Paragraph 20, the following paragraph 3 is inserted after paragraph 2:
"(3) In the case of a citizen providing a service on the basis of the approval of the national committee, compliance with the condition of a substantial reduction in earnings shall be examined at the end of each calendar year. ';
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
7. In Paragraph 24 (4), the following sentence is added at the end:
"Where a citizen provides services on the basis of an authorisation of the National Committee, the widow's pension shall be reduced at the end of each calendar year. '
8. In Paragraph 25 (1) (d), the word "(replacement) 'is inserted after the word" basic'.
9.
Payment allowance for use of a soldier's apartment
Article 73 (4) of the Law
(1) A contribution for payment for the use of the flat and for services connected with it may be granted up to a sum of 300 CZK per month
(a) to a free, widowed, divorced or otherwise lonely soldier whose flat is not used by anyone else at the time of performance of the essential (spare) service of the soldier;
(b) to a soldier, if, on the net income of members of the common household of a soldier, one member is equal to or less than 690 CZK per month; 24) if a member of the household is pregnant, an extra member is added.
(2) The allowance for the use of the flat shall be granted at the request of the soldier. Paragraph 75 (1), (3) and (5) of the Act applies to the period of grant and the right to claim reimbursement.
(3) An apartment shall also be considered as an apartment for the purpose of providing this allowance in a housing facility allocated by the competent authority or organisation. ';
10. The following Section 39a is inserted after Section 39:
Security of citizens providing services under the permission of the National Committee in military training
Article 77 (2) of the Law
(1) Citizens providing services under the approval of the National Committee are entitled to receive compensation for military training and other types of military service, with the exception of basic (replacement) service, if they have been involved in security in accordance with Part Two, Part Five for at least three months immediately prior to the start of the military exercise (other); the fulfilment of this condition is not required if it cannot be met for reasons of general interest or for any other serious reason.
(2) The period referred to in the preceding paragraph shall also be taken into account for the periods in which the citizen providing services was immediately secured for the purpose of another activity prior to the granting of an authorisation to carry out that activity.
(3) Income compensation is provided for each calendar day of military training. The basis for calculating the income compensation is the average net daily income (§ 97d). Paragraph 78 (2), (5) and (6) of the Act shall apply mutatis mutandis to the provision of income compensation. '
11.
Payment of the provision allowance and income compensation
Article 75 (1) of the Law
(1) The provision allowance (compensation for the income of the artist and the citizen providing the service on the basis of the approval of the national committee) is rounded up to the whole crown and paid within the specified payment period for the current month.
(2) For the part of a calendar month, 30-thirds of the monthly provision allowance (replacement of the income of the artist) shall be paid for each day of service in the armed forces. ';
12. In the first sentence of Paragraph 42, the following is inserted after the word "artist ':" and a citizen providing services on the basis of the approval of the national committee'.
13. in Paragraph 83, paragraph 1 and paragraph 2 are deleted;
14. The title of Part Four, Part Two shall read:
"PENSION GUARANTEES WORKING ON THE BASIS OF THE WORK AGREEMENT '.
15. The title above § 94 is deleted.
16. Paragraph 97, including the title, is deleted.
17. After Paragraph 96, the following Part Five is inserted:
SECURITY OF CITIZENS PROVIDING SERVICES ON THE BASIS OF THE NATIONAL COMMITTEE AUTHORIZATION
Basic provisions
(1) Citizens providing services under the authorisation of the National Committee80) (hereinafter referred to as "citizens providing services") shall participate in the calendar year of sickness, maternity and child security and pension insurance as worked with the following derogations:
(a) are not involved in security (insurance) because of other activities;
(b) they do not benefit from an old-age or invalidity pension; and
(c) carry out this activity to the extent that the income generated by it in the previous calendar year is liable to pay a public income tax. 81)
(2) Citizens providing services shall also be involved in sickness, maternity and child security and pension insurance if their income in the previous calendar year has not reached a taxable amount only because:
(a) the authorisation to provide services has only been granted by the national committee during the year; or
(b) have been recognised as being temporarily unable to carry out the authorised activity for a disease or accident or have been ordered to be quarantined; or
(c) have undergone spa care; or
(d) perform basic or other similar service in the armed forces (replacement service, military exercises, etc.); or
(e) if she is a woman, also because she has taken care of a child (even an adopted or another child who has taken care of a parent) under the age of three years
and have not carried out the authorised activity for these reasons for at least 30 calendar days; in the previous calendar year, however, the service-providing citizen must reach a proportion of the income referred to in point (c) of the preceding paragraph corresponding to that period at a time when those reasons did not last.
(3) Where the reasons referred to in points (b) to (e) of the preceding paragraph have lasted for the entire preceding calendar year, the condition laid down in paragraph 1 (c) shall be deemed to have been fulfilled.
(4) In order to participate in security in the calendar year in which the citizen providing the service has been authorised to do so, the income [paragraph 1 (c)] shall be considered to be the likely annual income established by the national committee (§ 97d (2)).
(5) If a citizen providing services (paragraph 1) also carries out an activity on the basis of an agreement on work, 82), security is provided only according to this part of the decree.
The sickness, maternity and child security and the pension security of the service-providing citizen shall be established at the earliest on the date from which the citizen is entitled, as authorised by the national committee, to carry out this activity and shall expire on the date of expiry of the authorisation.
Health and safety of the mother and child
Benefits
(1) These benefits are granted from sickness and mother and child security
(a) spa care;
(b) sick leave,
(c) maternity assistance;
(d) aid for the birth of a child;
(e) child allowances,
(f) death grants.
(2) Save as otherwise provided, the provision of the benefits referred to in the preceding paragraph shall be governed by the provisions on the provision of similar benefits applicable to workers in employment. 35)
Sickness
(1) A citizen providing services is entitled to sickness insurance if, during the period of quarantine or during the period of spa care, the citizen or someone else is not in a position to carry out such activity.
(2) The sickness benefit is due on calendar days and is determined on the average net daily income, but not more than 86 CZK.
(3) The amount of the daily sickness allowance, for the first time three calendar days of incapacity to perform the activity authorised, is 70% of the average net daily income and for the fourth and every subsequent calendar day of incapacity for work is 90% of the average net daily income. In the absence of an authorised activity for an accident suffered in the performance of that activity, 90% of the average net daily income shall belong from the first day of the incapacity.
(1) The average net daily income is determined from the deductible income. The deductible income shall be income obtained from the exercise of the authorised activity for the calendar year preceding the year in which the entitlement to sickness benefit arose, minus the expenditure related to the exercise of that activity and the public income tax. 81)
(2) For a citizen providing services,
- which has not been able to carry on the authorised activity throughout the calendar year for the reasons set out in points (b) to (e) of Paragraph 97 (2), or
- which has not been authorised until 1 October of the calendar year, or
- which is entitled to sickness in the calendar year in which he was granted authorisation,
the likely annual income established by the national committee shall be considered to be eligible. In determining the likely annual income, the National Committee shall be based on the anticipated income that a citizen could achieve if he were to carry out the authorised activity throughout the calendar year, minus the projected expenditure and corresponding public income tax.
(3) The average net daily income shall be calculated by dividing the deductible income by the number of calendar days per calendar year for which the deductible income is collected; in the number of calendar days, the periods referred to in § 97 (2) (b) to (e) and, where applicable, the period prior to the authorisation are not included.
Money aid in motherhood
(1) Cash assistance in maternity is due from the date of interruption of the authorised activity, but not earlier than the beginning of the eighth and no later than the fourth week before the expected date of birth, as determined by the doctor.
(2) Cash assistance in maternity is 90% of the average net daily income per calendar day. Paragraph 97c and 97d apply mutatis mutandis.
Child allowance
In order to qualify for child allowance, the conditions of work and working time shall be deemed to be fulfilled if the citizen providing services is a security under this chapter.
Pension insurance
(1) The gross earnings of a citizen providing a service shall be taken to be income earned by the performance of the authorised activity, minus the expenses associated with the performance of that activity.
(2) Gross earnings shall also include revenue from authorised activities, minus expenditure relating to its performance, achieved in a calendar year in which a citizen providing services was not subject to security under this chapter only because his income did not reach a taxable amount.
(3) Paragraph 95 also applies.
(1) The National Committee which issued the authorisation to provide services and the National Committee responsible for the measurement of the public income tax are required to provide the National Committee which decides on the sickness and security of the mother and child of the citizens providing services with all the necessary documentation for the social security of those citizens and to send them within 3 days of the date on which the facts establishing this reporting obligation arose.
(2) A citizen providing services shall, without delay, notify the national committee which issued the authorisation for the provision of services of the accident suffered in the course of the activity and, if she is a woman, of the cessation of the activity of the activity due to the care of a child under the age of three. This National Committee shall draw up an accident record with a citizen providing services and shall continue to cooperate in determining the facts relevant for the assessment of entitlement to benefits in respect of an accident at work. '.
18. in Paragraph 100 (c), the following shall be inserted after "(§ 98 (1))": "or security in sickness, security of the mother and child as citizens providing services."
19. in the first sentence of Paragraph 136 (2) (a), the dot shall be replaced by a comma and the words shall be added: "the average monthly earnings shall not be reduced in accordance with Paragraph 14 (5) of the Act."
In the second sentence, the words "but unlimited pursuant to Paragraph 14 (5) of the Act" shall be inserted after the words "a pension has been calculated."
20. In Article 136 (3), "in paragraph 7 'is replaced by" in paragraph 8';
21. The following sentence is added at the end of Paragraph 149: "The competent authority may not refuse to draw up a pension application, even if it considers that the citizen does not fulfil the conditions laid down for entitlement to a pension or if the citizen's application is not supported by the necessary documents. '
22. Paragraph 151 (m) reads as follows:
"(m) for citizens providing services, a national committee which shall decide on their security in the illness and security of the mother and child;"
23. in Paragraph 154, paragraph 2 is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
24. Article 154 is added as follows:
"(4) In the case of a citizen providing a service, it is the responsibility of the national committee [Paragraph 151 (m)] to keep in the register, in addition to the information referred to in paragraph 1 (a), (b), (f), (g) and (h), as well as the authorisation to provide services, the revenue obtained by carrying out the authorised activity, the amount of the public income tax levied on such income under the relevant legislation81) and the amount of the own expenditure associated with the exercise of that activity. '
25. The list of occupational diseases set out in Annex 1 to the Decree is amended as follows:
(a) headings 37 and 38 shall read as follows:
| „37 Astma bronchiale | při práci s látkami s alergizujícím účinkem a při práci, kde působí senzibilizující nebo iritující činitelé za takové uznávané, jež jsou vlastní druhu práce |
| 38 Porucha sluchu | způsobená hlukem v nichž jsou pracující vydáni nadměrnému hluku“. |
(b) At the end, entries number 43 and 44 are added, which are:
| „43 Bronchopulmonální nemoci způsobené prachem z bavlny (byssinóza), lnu,konopí nebo sisalu | k č. 43 – 44 v nichž jsou pracující vydáni tomuto nebezpečí |
| 44 Vnější alergické alveolitidy a jejich následky způsobené vdechováním organických prachů typu farmářské plíce“. |
Transitional provision
(1) Where the facts relevant for the provision of sickness or cash assistance in the maternity capacity of citizens providing services have occurred before 1 January 1984 and continue beyond that date, the right to be granted under this Order shall be assessed; However, the benefits are not earlier than 1 January 1984.
(2) If the average monthly earnings on which the pension is calculated are also collected for the period before 1 January 1984, gross earnings shall be determined in accordance with this decree.
(3) In determining the average monthly earnings of the artist, account shall also be taken of the income from the artistic activity achieved before this decree is effective for the period when it was provided voluntarily.
(4) An old-age pension awarded before the expiry of this decree on the average monthly earnings in which the income obtained from the artistic activity was not included at the time when the artist was voluntarily secured, only because he did not fulfil the condition of 10 years of continuous security under the second part of the second decree, is calculated as a new one from the average monthly earnings, in which the income obtained by the artist at the time when he was voluntarily secured, and if the voluntary security continues on the date of effectiveness of that decree. A newly calculated old-age pension shall be granted upon application, but first from the date of application of this decree.
This Decree shall take effect on 1 January 1984.
Minister:
Bodya v. r.
80) Decree of the Government of the Czech Republic No. 154 / 1982 Coll., on the provision of services by citizens on the basis of the permission of the National Committee, and the Government of the SSR No. 158 / 1982 Coll., on the provision of services by citizens on the basis of the authorisation of the National Committee. Principles No. 20 / 1965 Coll., for the provision of certain services and repairs to citizens on the basis of the permission of the National Committee.
81) Act No. 145 / 1961 Coll., on Population Income Tax, as amended by Act No. 103 / 1974 Coll., and Act No. 162 / 1982 Coll.
82) § 232 (2) of the Labour Code.
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Regulation Information
| Citation | Decree No. 141 / 1983 Coll., amending and supplementing Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.12.1983 |
|---|---|
| Effective from | 01.01.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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