Decree No. 150 / 1988 Coll.
Decree of the Federal Ministry of Labour and Social Affairs amending and supplementing Decree No. 104 / 1964 Coll., implementing the Act on the security of cooperative peasants in sickness and on the security of the mother and child
Valid
Effective from 01.10.1988
150
DECLARATION
Federal Ministry of Labour and Social Affairs
of 16 September 1988
amending and supplementing Decree No. 104 / 1964 Coll., implementing the Law on the security of cooperative peasants in sickness and on the security of the mother and child
The Federal Ministry of Labour and Social Affairs shall, in agreement with the Federal Ministry of Agriculture and Nutrition, the Union of Cooperative Farmers and the Central Council of Trade Unions pursuant to Section 144 of Act No. 103 / 1964 Coll., on the Security of Cooperative Farmers in the Disease and on the Security of Mother and Child, as amended by Act No. 116 / 1967 Coll., on certain other changes in social security of Cooperative Farmers, and Act No. 103 / 1988 Coll., on the Changes in Disease Security:
Decree of the State Social Security Office No. 104 / 1964 Coll., implementing the Act on the Protection of Cooperative Farmers in Diseases and on the Security of Mother and Child, as amended by Regulations No. 142 / 1965 Coll., No. 117 / 1967 Coll., No. 92 / 1968 Coll., No. 180 / 1968 Coll., No. 76 / 1970 Coll., No. 128 / 1975 Coll., No. 54 / 1976 Coll., No. 164 / 1979 Coll., No. 80 / 1982 Coll., No. 153 / 1983 Coll., No. 74 / 1984 Coll., No. 133 / 1984 Coll., and No. 58 / 1987 Coll., are amended and supplemented as follows:
1.
Release from work
(a) on grounds of study;
(b) when granting an old-age or invalidity pension; or
(c) which is due to the fact that the cooperative cannot carry out the work for other important reasons and the cooperative has therefore provided him with leave under Paragraph 128 (1) of the Labour Code, if the period of leave was longer than one year;
for the purposes of sickness and maternity and child protection, it shall be considered as if the cooperative should not be engaged under the agreement on working conditions for the cooperative. ';
2. Paragraph 1a (1) (b) reads as follows:
"(b) the premiums and fees paid for the results of the cooperative's work;"
3. in Article 1a (1), paragraph (c) shall be deleted; The current provisions of point (d) shall become point (c).
4. in Article 1a (2), the following provision (i) is added:
"(i) income which would not be included in the worker's deductible earnings because they were partly exempt from payroll tax (1)."
5. The second sentence of Paragraph 2 (3) reads: "The day worked shall be considered as the day on which the cooperative worked to the extent provided for in Paragraph 22 (1), to take an extra leave for overtime or to have an unexcused absence at work."
6. in § 2 (5) (b), the words "(§ 27a of the Act)" shall be deleted;
7. Article 2 (5) (f) reads as follows:
"(f) the creation of security in the illness and security of the mother and child.";
8. In Article 3 (1), the words "(Article 27 of the Law) 'are deleted.
9. Paragraph 3 (2) reads as follows:
"(2) If the cooperative worked temporarily for another organisation, (2) 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 on which the cooperative worked in another organisation. ';
10. in Article 3 (6), the words "and monetary assistance (Article 27 of the Law)" shall be inserted after the words "maternity (Article 22 (1) of the Law)."
11. in Article 11, paragraph 1 shall be deleted; at the same time the numbering of the paragraphs shall be deleted.
12. in § 12 (1) and (2), the brackets are deleted with reference to § 7.
13. in Article 15a (1), the words "(Article 7 of the Act) which has been temporarily released by the cooperative for the performance of employment in another organisation (e.g. at the time of serenity)" shall be replaced by the words "which temporarily worked for another organisation2."
14. Paragraph 16a shall be deleted; paragraphs 5, 6 and 7 shall be renumbered paragraphs 4, 5 and 6.
15. In Paragraph 16a (5), the second sentence is deleted.
16. in Article 16a (6), "paragraph 5" is replaced by "paragraph 4" and "paragraph 6" by "paragraph 5";
17.
(1) The working day shall be deemed to be the day on which the cooperative has worked throughout the working period resulting from the working conditions agreement; if he has not worked all this time, the remainder of the working time shall be considered to have been worked if the cooperative has excused his absence.
(2) The working time applicable to the calculation of the working day referred to in paragraph 1 shall be included for the purposes of childcare allowances as well as for periods worked in parallel employment. ';
18. Paragraph 23 (1) reads as follows:
"(1) In the calendar month in which the cooperative entered or left the cooperative, the following periods shall be taken into account in order to meet the terms of the working day and the working hours shall be taken into account:
(a) the period during which cash sickness benefits are granted, replacing remuneration;
(b) the period of spa care;
(c) the duration of the exercise of public functions, civil duties, other acts of general interest and services in the armed forces, including the necessary leave of absence in connection with the service;
(d) the period during which he was constantly preparing for a future occupation (§ 19);
(e) the period during which he was a participant in another sickness insurance scheme under the conditions under which he would otherwise be entitled to child benefits, (3) where appropriate, receive pension benefits;
(f) the period during which he was kept in the national committee register as a candidate for employment;
19. Paragraph 23 (2) shall be deleted. Paragraphs 3 and 4 shall become paragraphs 2 and 3.
20. § 32 reads:
(1) The treatment of a long-term seriously disabled child requiring exceptional care or special care particularly demanding in a hospital for preventive care shall be considered as the placement of a child in an institution (s) for such children from the seventh month on.
(2) The child is in full direct custody of the institution (s) for the care of children or young people when provided by this institution (s) of eating, accommodation and dressing.
(3) However, the full direct provision of the child within the meaning of § 35 (1) of the Act shall not be regarded as a daily or weekly stay of the child in the institution (s) for childcare or youth care. '
21. in Paragraph 34, the provisions of (b) shall be deleted; The current provisions of point (c) shall become point (b).
22. Paragraph 35 is renumbered paragraph 1 and the following paragraph 2 is added:
"(2) Recreation of a child abroad as referred to in paragraph 1 shall mean temporary stay outside the territory of the Czechoslovak Socialist Republic which shall not last more than three consecutive calendar months; the residence of a child outside the territory of the Czechoslovak Socialist Republic lasting continuously longer shall not be considered as recreation starting from the fourth full calendar month spent abroad. '
23.
(1) The allowances shall be granted, if the conditions laid down otherwise are met, also to a child who has been taken into custody by the cooperative from the Institute (establishment) in order to be adopted at a later date. 5)
(2) In the absence of the case referred to in paragraph 1, allowances shall be granted, if the conditions laid down otherwise are met, also to a child who is under permanent care of the cooperative or his spouse, who is in replacement of the care of the parent, provided that this child cannot be granted an allowance from someone else's security (insurance). ';
24. After Section Three, the following Section Four is inserted:
Security of a cooperative who only does work in the cooperative occasionally and irregularly
(1) In order to ensure the sickness and the security of the mother and the child of a cooperative who, under an agreement on working conditions, only occasionally and irregularly according to the needs of the cooperative (hereinafter referred to as the "cooperative on irregular relief '), the general provisions on the security of cooperative peasants in the sickness and on the security of the mother and child apply, unless otherwise provided for in this Section.
(2) A co-worker for irregular assistance is a security in the illness and security of the mother and child only in calendar months in which he worked for more than six days and achieved a profit of at least 120 CZK.
(3) If the cooperative has suffered an irregular accident at work, the calendar month in which the cooperative suffered the accident shall be the month in which the mother's and child's sickness and security were secured, if the cooperative was to do or did more than six working days in the cooperative and the remuneration was to be attained or reached at least 120 Kčs per calendar month.
(4) Participation in the security of the mother's and the child of the cooperative for irregular assistance cannot arise before the date on which membership of the cooperative takes place. If the cooperative was not an irregular assistance in some calendar months, because the conditions laid down in paragraph 2 or 3 were not met, the cooperative shall be security again from the first day of the calendar month in which those conditions were met.
(5) Participation in the security of the cooperative in irregular assistance shall cease on the last day of the calendar month in which the conditions laid down in paragraph 2 or, where appropriate, 3 are last fulfilled; it shall cease at the latest on the date of termination of the membership of the cooperative.
The sickness and child security benefits provided for in this Section shall not apply to a cooperative who is entitled to the same or similar benefits for any other reason.
Calculation of sick leave
(1) For the purpose of determining the applicable period under Article 2, the conclusion of an agreement on the working conditions of the cooperative for irregular assistance shall be deemed to have entered into the cooperative.
(2) In order to establish the daily wage provided for in Article 3, the deductible income, including the remuneration settled in those calendar months in the relevant period in which the cooperative has not been involved in sickness and maternity and child security, shall be divided by the number of working days for that period according to the schedule of weekly working time laid down in the cooperative in which the cooperative is working for irregular assistance; the number of working days in question does not include only the days when the cooperative was on maternity leave or on additional maternity leave and the days when the cooperative was on irregular assistance
(a) has been recognised for a disease or accident as temporarily incapacitated or has been ordered to be quarantined under the rules on combating communicable diseases;
(b) has been in the spa care provided to him under the rules on the security of cooperatives in sickness and the security of the mother and child;
(c) carry out public functions, civil duties or other acts of general interest;
(d) perform basic or other similar service in the armed forces (replacement service, military exercises, etc.);
(e) have been entitled to compensation for remuneration.
(3) Paragraph 2 (5) (f) and paragraph 8 do not apply to cooperatives for irregular assistance.
Provision of sick leave
The sickness allowance shall be granted for all days which are working days in a cooperative whose cooperative is a member of irregular assistance and for the holidays for which the cooperative would receive compensation for irregular assistance if he were unable to work. Paragraph 11 of the Act also applies here.
Money aid in motherhood
Paragraphs 39 to 42 apply mutatis mutandis to the determination, calculation and provision of monetary assistance in maternity.
Support for the care of a family member and compensation in pregnancy and maternity from the sickness and security of the mother and child of the cooperative for irregular assistance shall not apply.
The provisions of Paragraph 33 (4) of the Act do not apply to the fulfilment of the working time and working hours for the granting of child allowances to a cooperative for irregular assistance.
Until such time as a mother and child are involved in sickness and security insurance under Section 12 of the Act, only those calendar months, or parts thereof, in which the cooperative was to provide irregular assistance to the security.
(1) The withdrawal period shall be as many days as the last period of participation in the security of the cooperative for irregular assistance, but not more than 14 days. It shall be calculated from the day following the day on which the security of the cooperative for irregular assistance was last taken.
(2) The withdrawal period shall be six months from the date on which the participation in the security was last maintained if the security of the cooperative ended on an irregular basis during pregnancy.
(3) There is no withdrawal period for irregular assistance to which an old-age pension is granted in respect of employment. "
25. Paragraph 80 is renumbered paragraph 2 and the following paragraph 1 is added:
"(1) Security in the sickness and security of the mother and child of a cooperative sentenced to imprisonment shall cease during the execution of that sentence, even if membership of the cooperative continues for that period."
26. Paragraph 82 (1) of the second sentence reads: "The cooperative economist may entrust the office of secretary to another member of the commission."
27. in Article 82 (2), the provisions of (b) and (c), (d), (e) and (f) shall be deleted;
28. in Paragraph 90 (1) (c), the words "the extent to which work is completed (number of working days, working units)" shall be deleted.
29. In Paragraph 90 (3), the words "even if the local national committee decides on the cash benefits of sickness and child security."
The average daily salary applicable to the calculation of the sickness and maternity security benefits of cooperative peasants shall be determined in accordance with the rules in force before the date of application of this decree for benefits which are entitled before 1 January 1989.
This Decree shall take effect on 1 October 1988.
Minister:
M. Boda v. r.
1) Article 4 of Act No. 76 / 1952 Coll., on payroll tax, as amended. Section 4 and 5 of the Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic and the Ministry of Finance of the Slovak Socialist Republic No. 161 / 1976 Coll., implementing the Act on payroll tax, as amended.
2) Section 53 of Act No. 90 / 1988 Coll., on Agricultural Cooperative.
3) In particular Act No 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on the allowance for children from sickness insurance, Decree of the Federal Ministry of Labour and Social Affairs No. 149 / 1988 Coll., implementing the Social Security Act.
4) Decree of the Ministry of Labour and Social Affairs No. 182 / 1968 Coll., on maternity benefits and child allowances to jobseekers.
5) Section 69 of the Family Act.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Federal Ministry of Labour and Social Affairs No. 150 / 1988 Coll., amending and supplementing Decree No. 104 / 1964 Coll., implementing the Act on the security of cooperative peasants in sickness and on the security of the mother and child |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.09.1988 |
|---|---|
| Effective from | 01.10.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0