Decree No. 148 / 1945 Coll.
Decree on social insurance of persons assigned to work
Valid
Effective from 07.12.1945
148.
Decree of the Ministry of Labour and Social Welfare
of 23 November 1945
on social insurance for persons assigned to work.
In agreement with the Slovak National Council pursuant to § 11 in conjunction with § 9 of Decree of the President of the Republic of 1 October 1945, no. 88 Coll., on the general duty of:
I.
General provisions.
This decree regulates the social insurance of persons assigned to work under the Decree of the President of the Republic of 1 October 1945, No. 88 Coll., on the General Labour Obligations (hereinafter the Decree).
(1) The current employment relationship, pursuant to Paragraph 9 (1) of the Decree, does not constitute an insurance obligation during the period of secondment.
(2) Unless otherwise provided for in this Decree, it shall apply to the employment relationship based on the assignment to the work of the General Rules on Public Social Insurance.
II.
Insurance with an existing insurance holder (in the current insurance sector).
(1) Persons assigned to work whose current employment under Paragraph 9 (1) of the Decree does not cease to exist and who, on the basis of an employment relationship based on an allocation, would be required to have insurance in another sickness or pension insurance sector and in pension insurance also with another holder of the same insurance, will be insured in their current insurance sector with their current carrier on their proposal.
(2) The new employer shall send the application together with the application to the undertaker of the insurance of the person assigned to work. The application may also be submitted by the person assigned to the work. If the proposal is demonstrably submitted to the post office no later than the fifth day following the date of the entry into force of the assigned work or if it reaches the holder of the insurance within that period, it shall be effective from the time of the secondment to work. Otherwise, the proposal has been effective since the beginning of the month following the month in which the proposal was demonstrably submitted to the post office or reached the carrier of the insurance.
(3) The policyholder shall carry out the insurance in the service class (in the pension - assessment - basis) in which the person assigned to the work was assigned before the assignment. The average deductible earnings in the last year of compulsory insurance is decisive in the insurance of brotherly treasuries. Changes in the service benefits (in salary) incurred in the current employment during the secondment shall not be taken into account, except in the case of a change resulting from the general salary arrangements or special service contracts.
(4) The application referred to in paragraph 1 may be withdrawn at any time by the person assigned to the work. The employer shall submit the withdrawal of the application to the policyholder. It has been effective since the beginning of the month following the month in which the proposal was evidently submitted to the post office or reached the carrier of the insurance.
(1) In the field of pension insurance, Paragraph 3 applies mutatis mutandis to persons assigned to work who were voluntarily insured or unemployed immediately before the secondment and whose insurance rights are still valid at the beginning of the allocation-to-work ratio.
(2) Insurance shall be carried out in the service class (on a pension basis) in which the person assigned to work was included in the last compulsory insurance before the assignment. In commission insurance, the average deductible earnings in the last year of compulsory insurance is decisive.
The person assigned to work shall pay the contributions to be paid pursuant to Sections 3 and 4, at the most, the part which he would have paid had he been insured under the general rules. For persons who are assigned to agricultural work for a maximum period of six weeks, only contributions which would be paid in accordance with the general rules shall be paid by the insurance holders.
III.
Special provisions in sickness insurance.
If sickness insurance benefits depend on the completion of the waiting period, the period completed in the sickness insurance during the period of secondment to work and the period completed in the sickness insurance before the secondment to work.
Persons assigned to work who are employed in the week for a total of more than 24 hours shall be subject to compulsory sickness insurance even if they only carry out work or services on an occasional or secondary basis.
(1) Where the spouses of persons insured in the sickness insurance of private employees in higher services are required under Article 7 to cover insurance in another sickness insurance sector, they shall be granted, on application of a cash benefit in the event of childbirth and death under the rules on sickness insurance of private employees in higher services, which would be granted to them as family members if they were not subject to compulsory sickness insurance under Article 7.
(2) These benefits must be paid by the carrier of the insurance responsible during the secondment. It is entitled to compensation for the difference against the carrier of sickness insurance for private employees in higher services.
(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the spouses of persons insured in the sickness insurance of public servants.
IV.
Special provisions in pension insurance.
(1) Persons assigned to work who are guaranteed pension entitlements from their current employer on the basis of which they have been exempt from the insurance obligation shall be exempt from the pension insurance obligation.
(2) The period of secondment to work is valid for rest and provision entitlements as the period of employment before the secondment.
If a pension allowance is paid for persons excluded under Paragraph 9 from pension insurance under the applicable salary rules, the new employer shall pay the employer the share of the pension allowance paid by the person assigned to work. A person assigned to work shall pay one half of it to the new employer, but not more than the share of the contribution which would be paid in the pension insurance itself.
Beneficiaries of public social insurance pensions and beneficiaries of retirement or provision benefits from public funds shall not be subject to pension insurance during the period of secondment to work. The proportion based on the allocation to work does not affect the consumption of social insurance pensions and the consumption of resting and providing benefits.
If the person assigned to work in an existing employment relationship has been added under the Pension Act, or has been insured with a supplementary institution under the Pension Act, or has been paid under the special provisions of the Statutes of the respective Replacement Institute outside the normal remuneration, the new employer shall, for the duration of the current employment relationship, pay supplementary insurance or insurance contributions to the Reinsurance Institute belonging to the former employer, as well as the entire rehabilitation allowance.
V.
Final provisions.
The Ministry of Labour Protection and Social Welfare may take measures to eliminate the difficulties encountered in implementing this decree.
This decree shall apply on the territory of the whole State and shall take effect on the day of its publication. It will be carried out by the Minister for Labour and Social Welfare in agreement with the participating ministers and the Slovak National Council.
Dr Šoltész v. r. o.
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Regulation Information
| Citation | Decree No. 148 / 1945 Coll., on social insurance of persons assigned to work |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.12.1945 |
|---|---|
| Effective from | 07.12.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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