Decree No. 142 / 1965 Coll.
Decree of the State Social Security Office amending Decree No. 104 / 1964 Coll., implementing the Social Security Act on Cooperative Farmers
Valid
Effective from 01.01.1966
142
DECLARATION
State Social Security Office
of 20 December 1965
amending Decree No. 104 / 1964 Coll., implementing the Act on Social Security for Cooperative Farmers
The State Social Security Office, in agreement with the Ministry of Agriculture and Forestry, with the Central Council of Trade Unions and other participating central authorities pursuant to Articles 19a (6) and 144 of Act No. 103 / 1964 Coll., on Social Security for Cooperative Farmers, as amended by Act No. 141 / 1965 Coll. (hereinafter referred to as "the Act '):
Decree No 104 / 1964 Coll. is amended as follows:
1. The heading of the first section is as follows: "Common provisions for sickness, support for the nursing of a family member, compensatory allowance in pregnancy and maternity and maternity assistance '.
Article 2 (1) reads as follows:
"(1) The average daily work change shall be calculated on the basis of the total revenue referred to in Paragraph 1 (hereinafter referred to as" deductible revenue ') settled in the cooperative during the last 12 calendar months immediately preceding the date on which:
(a) a cooperative becomes incompetent to work; or
(b) the cooperative has ceased to work in the cooperative to treat a family member; or
(c) the cooperative has ceased to work in the cooperative for pregnancy or maternity, or because it has taken over the child entrusted to it for adoption in its permanent care; or
(d) the cooperative has been transferred for pregnancy or maternity to another work (the "period"); where, during the relevant period, the arrears and, where applicable, the last and previous calendar year premiums have been settled, only the surpluses and bonuses for the last calendar year shall be taken into account. ';
Article 2 (3) reads as follows:
"(3) Where a cooperative has been granted a compensatory allowance in pregnancy for part of the relevant period and maternity is determined by the average daily wage for the remainder of the relevant period only. '
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
3. In Article 3 (1), in the sentence after the semicolon, the words "a compensatory allowance in pregnancy and maternity," shall be inserted after the word "cooperative";
Article 3 (2) reads as follows:
"(2) If the cooperative has been temporarily released for employment in another organisation (e.g. at the time of the resting of vegetation), it shall be deducted from the number of working days divided by the total of deductible income for the relevant period, including the working days during which the cooperative was employed. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
(4) Paragraph 4 (2) and (3) shall be deleted and the designation of paragraph 1 shall be deleted; in Section 4, points (ch) and (i) are added:
"(ch) the period during which a mother or a woman who has taken custody of a child took care of a child under the age of three,
(i) the period during which the pensioner was preparing for work or for which medical rehabilitation was provided after the pension was granted. "
(5) Paragraph 5 (1) to (5) shall be deleted and paragraph 6 shall be deleted.
6. Sections 6 and 7 are deleted.
7. In the second section, the reference under the heading reads:
"K § 7 to 16 and § 29 of the Act '.
8. The following Section 15a and Section 15b are inserted after Section 15:
A member of a cooperative (Section 7 of the Act) who has been temporarily released by the cooperative for employment in another organisation (e.g. at the time of the resting of vegetation) and who has been entitled to sickness benefits under the rules applicable to workers shall be granted sickness benefits under the rules on security in the disease of cooperative farmers only if the latter is higher, in the amount by which it exceeds the sickness benefits provided under the rules applicable to workers. However, if the sickness payment has ended only because the period of support provided for in those rules is shorter than the period of support provided for in the rules on security in cooperative farmers' disease and has expired, it shall be granted in full from the end of the sickness payment provided until now under the rules applicable to workers under the rules on security in cooperative farmers' disease.
The treatment of a member of the family who has given birth shall be assessed in the same way as the treatment of a sick member of the family if it is a treatment at the time immediately following the birth. '
9. In the third section, the following Section 16a is inserted under the heading "Special provisions for mother and child security benefits':
Compensation for pregnancy and maternity
K § 19a of the Act
(1) In pregnancy, a compensatory allowance is granted if the pregnant cooperative is transferred to another job because of the work she had previously done,
(a) is prohibited under labour law for pregnant women *); or
(b) according to a medical opinion given in the manner specified in the health care regulations, pregnancy is at risk for the health reasons inherent in her person * *)
and, in the work to which it has been transferred, reaches a lower income than before the transfer without fault.
(2) In motherhood, a compensatory allowance shall be granted if the cooperative is transferred to another work in the period up to the end of the ninth month after birth, as the work previously carried out,
(a) is prohibited under labour law from mothers until the end of the ninth month after birth *); or
(b) according to a medical opinion given in the manner specified in the health care rules, it endangers its health or maternity mission for the health reasons inherent in it * *)
and, in the work to which it has been transferred, reaches a lower income than before the transfer without fault.
(3) The compensatory allowance shall not apply for a calendar month in which the cooperative has not worked for at least eight working days after transfer to another work without serious reasons. The reasons for which the non-working of the specified number of working days provided for in Paragraph 37 shall be rejected shall be considered serious.
(4) The average working income achieved by the cooperative during the last 12 calendar months before the transfer to another work shall be determined in the manner laid down for the determination of the average daily wage for the sick worker (Sections 2 and 3), but not more than 100, - Kčs, including the value of the kind provided as part of the remuneration.
(5) The working income achieved by the cooperative in each calendar month following the transfer to another work shall be that referred to in Section 1. Where a cooperative is remunerated for work by working unit, the basic remuneration shall be determined by multiplying the number of working units worked in the calendar month by the value of the planned work unit. The average daily working income achieved following the transfer of the cooperative to another work shall be calculated by dividing the sum of the working income achieved in the calendar month by the number of working days attributable to that month; If the cooperative has been transferred to another work during a calendar month, the total of the working income achieved in that month after transfer to another work shall be divided by the number of working days corresponding to the remainder of the month following transfer to another work. However, those working days shall be deducted from that number of working days for which sickness or support was granted in the treatment of a member of the family or in the provision of monetary assistance in the maternity sector, as well as the days of non-excused absence at work.
(6) The compensatory allowance shall be for each working day or, where applicable, the day on which the remuneration is paid and shall make the difference between the average daily wage calculated in accordance with paragraph 4 and the average daily wage calculated in accordance with paragraph 5. ';
10.
(1) Where the payment of monetary assistance in maternity is made without interruption to the payment of sickness benefits, the monetary assistance in maternity shall be determined from the average daily salary which was the basis for determining the sickness allowance.
(2) If, at the time of caring for her child in the first year of her life, she is pregnant again and fulfils the conditions for entitlement to maternity allowance, she shall be provided with maternity allowance from the average daily pay as in the previous maternity leave if a new maternity leave has taken place.
(a) not later than one month after her previous child reached one year of life; or
(b) she has worked for at least 25 days on the cooperative, but from the date on which her previous child reached one year of life, until the start of a new maternity leave, and the other days the cooperative has excused her.
However, financial assistance in maternity care shall also be provided for in the new maternity leave provided for in the general provisions on this allowance, where this is more favourable to the cooperative.
(3) In the course of the procedure referred to in the preceding paragraph, the days of actual employment in the cooperative shall be equal to the days on which the cooperative was entitled to compensation for the remuneration, the days of recognised incapacity for sickness or accident, the days on which the cooperative had been proven to have treated the member of the family in circumstances in which the members of the cooperative with a higher level of management would have been supported in the treatment of the member of the family, the working days of study and the working days on which the cooperative had not worked for the performance of a public function or obligation or for quarantine. ';
11.
"(c) sick leave, aid for the treatment of a member of the family, compensation for pregnancy and maternity and maternity allowance, or similar benefits provided by the cooperative's social fund,"
12. in Paragraph 39, paragraph 2 and the designation of paragraph 1 shall be deleted;
13. In Paragraph 44, the second sentence is added: "If this is more favourable to the cooperative, it shall not be taken into account for the period after which she was transferred to another work for pregnancy or maternity, or for the income obtained at that time. '
14. in Paragraph 82 (2), the following point (d) is added:
"(d) the compensatory allowance in pregnancy and maternity,"
The current provisions of points (d) to (f) shall be marked with points (e) to (g).
15. Paragraph 85 (1) reads as follows:
"(1) The right to a compensatory allowance in pregnancy and maternity shall be applied to the prescribed form, which shall be issued by the cooperative to a health establishment in which he is in continuous care in pregnancy or after birth. If the current work threatens a pregnant woman or mother after birth for health reasons inherent in her person, the health authority designated by the Ministry of Health will confirm it on the form. *) The cooperative shall indicate on the form for which and from which date the cooperative was transferred to another work, the work which it has done and the work which it has been transferred to. ';
Paragraphs 1 to 3 shall be renumbered paragraphs 2 to 4.
Where, in Decree No 104 / 1964 Coll. refers to the time of uninterrupted activity in the same cooperative, this means working hours in the cooperative.
A compensatory allowance in pregnancy and maternity shall also be granted for the period from 1 January 1966 to a cooperative who has already been transferred before that date on account of pregnancy or after childbirth to another work, provided that the conditions laid down in the Labour Code and the provisions on compensation are fulfilled after 31 December 1965.
This Decree shall take effect on 1 January 1966.
Chairman:
Štancež v. r.
*) § 150 paragraphs 1 and 2, § 153 and § 162 paragraph 1 of the Labour Code and lists of works and workplaces issued under § 150 of the Labour Code.
* *) Sections 150 (3), 153 and 162 (1) of the Labour Code.
*) racing and, if necessary, district doctor after the expert female doctor's opinion.
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Regulation Information
| Citation | Decree No. 142 / 1965 Coll., amending Decree No. 104 / 1964 Coll., implementing the Act on Social Security of Cooperative Farmers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1965 |
|---|---|
| Effective from | 01.01.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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