Act 155 / 2000 Coll.

Act amending Act No. 65 / 1965 Coll., Labour Code, as amended, and some other laws

Valid Law Effective from 01.01.2001
155
THE LAW
of 18 May 2000
amending Act No. 65 / 1965 Coll., Labour Code, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:

ČÁST ČTVRTÁ

Amendment of the State Social Support Act
Čl. V
Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll., Act No. 132 / 1997 Coll., Act No. 242 / 1997 Coll., Act No. 91 / 1998 Coll., Act No. 158 / 1998 Coll., Act No. 360 / 1999 Coll., Act No. 118 / 2000 Coll. and Act No. 132 / 2000 Coll., is amended as follows:
1. In Paragraph 30, the following paragraph 10 is added:
"(10) The parental allowance shall not be paid by parents if the second of the parents is entitled to maternity or cash assistance provided under sickness insurance rules throughout the calendar month from the date of birth. ';
2. In Paragraph 32 (2), the words "receiving parental contribution 'are inserted after the word" parent' and the words "or monetary assistance 'are inserted after the word" motherhood'.

ČÁST SEDMÁ

Amendment to the Professional Soldiers Act
Čl. VIII
Act No 221 / 1999 Coll., on professional soldiers, is amended as follows:
1. In Article 2, paragraphs 3 to 7 are added:
"(3) The service authorities shall ensure equal treatment of all soldiers in respect of the conditions of service and the security of the soldiers in accordance with Part Five and Part Eight.
(4) Any discrimination against soldiers by reason of race, colour, sex, sexual orientation, language, faith and religion, ethnic or social origin, property, genus, marital and family status or obligations of the family shall be prohibited in the service relationship, except where there is a substantive reason for this, consisting of the assumptions and nature of the professional classification which the soldier performs and which is necessary for the exercise of that classification. There is also a ban on the conduct of service bodies which discriminate not directly, but only in their consequences.
(5) No one may abuse the exercise of the rights and obligations arising from professional relations to harm another soldier or to humiliate his dignity. Unintended sexual behaviour, which is unwelcome, inappropriate or offensive or which may be rightly perceived by the second soldier as a condition for decisions affecting the exercise of rights and obligations arising from professional relations, shall also be regarded as degrading dignity.
(6) If there is an infringement of the rights and obligations arising from equal treatment of soldiers or unwanted sexual conduct in the performance of duty, the soldier shall have the right to seek to refrain from such conduct and to remove the consequences of such conduct.
(7) The service authorities may not penalise or disadvantage a soldier in any way because he legally seeks his or her rights and rights arising from the service. ';
2. in Paragraph 10 (2) (e), including footnote 3, the following shall be added:
"(e) parental leave, 3)
3) Section 158 of the Labour Code. '
3. in Article 20 (1) (b) and (c):
'(b) a soldier during pregnancy or during maternity leave;
(c) care for a child under the age of 3; ';
4. In Paragraph 33 (3), the first sentence is: "The holder cannot determine the use of leave for the period when a soldier is recognised as unfit for service for sickness or injury, nor for the period when a soldier is on maternity or parental leave or a soldier is on parental leave."
5. Paragraph 33 (6) reads:
"(6) If a soldier asks for proper leave in such a way that proper leave follows immediately to the end of maternity leave, 2) and a soldier asks for proper leave in such a way that she immediately ends parental leave until the period during which a woman is entitled to maternity leave, 2) the service body shall comply with their request. '
6. In § 34, part of the sentence behind the semicolon reads: "proper leave shall also be interrupted by taking maternity or parental leave."
7. Paragraph 35 (1) reads as follows:
"(1) Proper leave shall be reduced in the event of incapacity for sickness or accident and parental leave, except for parental leave, after which a soldier is granted cash assistance under a special legislation, (4) for the first 120 days and for each additional 30 days by one twelfth. Proper leave shall not be reduced in the event of incapacity for service of an accident or occupational disease. ';
8. In Section 38, the title reads: "Parental and non-cash leave '.
9. In Paragraph 38 (1), the words "leave without a right to cash formalities' are replaced by" parental leave '.
10. In Paragraph 41 (1), the words "and the nursing soldier" shall be added at the end of the sentence.
11. in Paragraph 41 (4), the words "parental leave" shall be inserted after the word "holiday."
12. in Paragraph 41 (5):
"(5) Paragraphs 2, 3 and 4 shall also apply to soldiers who receive financial assistance, 4) and to lonely soldiers who permanently care for the child."
13. in Paragraph 143 (2):
"(2) Until the duration of the service of the soldier responsible for the service requirements is included, the period of disposition in accordance with Paragraph 10 (4) and the period of parental leave, (3) except for parental leave, for which the soldier is provided with financial assistance.4)."

ČÁST OSMÁ

Amendment of the Civil Code
Čl. IX
Act No. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 27 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1994 Coll., Act No. 54 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll.
The following Section 200x is inserted after Section 200w, including the title and footnote 34g:
„§ 200x
Procedure for the election of staff or the election of representatives in the field of safety and health at work
(1) An application for the annulment of an election to the staff council or the invalidity of the choice of a representative in the field of safety and health at work34g) shall be decided by the court without a hearing by a resolution within 10 days of the date of receipt of the application.
(2) A party to the proceedings shall be the appellant, member of the staff council or representative in the field of labour security, the election of which shall be contested by the application, and the competent election commission.
(3) The competent district court shall be responsible for the proceedings according to the place of the employer's seat.
(4) None of the parties shall be entitled to pay the costs.
(5) There are no legal remedies against court decisions.
34g) § 25b (2) of the Labour Code. '

ČÁST DEVÁTÁ

Amendment of the Law on judicial fees
Čl. X
Act No. 549 / 1991 Coll., on judicial fees, as amended by Act No. 271 / 1992 Coll., Act No. 273 / 1994 Coll., Act No. 36 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 151 / 1997 Coll., Act No. 209 / 1997 Coll., Act No. 227 / 1997 Coll. and Act No. 103 / 2000 Coll., are amended as follows:
In Article 11 (1) (e), the words "or the election of the staff councils and representatives in the field of safety and health at work 'shall be inserted after the words" the right to vote';

ČÁST DESÁTÁ

Amendment of the Salary Act and certain other requirements of prosecutors
Čl. XI
Act No. 201 / 1997 Coll., on the salary and certain other requirements of the prosecutors and amending and supplementing Act No. 143 / 1992 Coll., on the salary and remuneration for on-call duty in the budget and in certain other organisations and bodies, as amended, shall be amended as follows:
In Article 7 (4) (b), the words "additional maternity leave 'are replaced by the words" parental leave', the words "woman 'are replaced by the words" prosecutor' and the words "not preparing 'are replaced by the words" not preparing'.

ČÁST JEDENÁCTÁ

Amendment of the Act on the organisation and implementation of social security
Čl. XII
Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 590 / 1992 Coll., Act No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 134 / 1997 Coll., Act No. 306 / 1997 Coll., Act No. 93 / 1998 Coll., Act No. 132 / 1999 Coll., Act No. 133 / 2000 Coll., Act No. 133 / 2000 Coll., amended as follows:
In Article 22 (d), "additional maternity leave 'is replaced by" parental leave';

ČÁST DVANÁCTÁ

Amendment to the Public Health Insurance Act
Čl. XIII
Act No. 48 / 1997 Coll., on public health insurance and amending and supplementing certain related laws, as amended by Act No. 242 / 1997 Coll., Act No. 2 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 225 / 1999 Coll., Act No. 363 / 1999 Coll., Act No. 18 / 2000 Coll. and Act No. 132 / 2000 Coll., is amended as follows:
In Article 7 (1) (d), "additional maternity leave 'is replaced by" parental leave';

ČÁST TŘINÁCTÁ

Amendment of the Salary Act and other formalities relating to the performance of the duties of representatives of State authority and of certain state bodies and judges
Čl. XIV
Act No. 236 / 1995 Coll., on the salary and other formalities relating to the performance of the duties of representatives of state authority and of certain state bodies and judges, as amended by Act No. 138 / 1996 Coll. and Act No. 287 / 1997 Coll., is amended as follows:
In Article 31 (4) (b), the words "additional maternity leave 'are replaced by the words" parental leave', the word "woman 'is replaced by the word" judge' and the word "did not prepare 'by the word" did not prepare'.

ČÁST ČTRNÁCTÁ

PERFORMANCE TO ISSUE THE COMPLETE VERSION OF THE LAW
Čl. XV
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 65 / 1965 Coll., the Labour Code, as is apparent from later Laws.

ČÁST PATNÁCTÁ

EFFECTIVE
Čl. XVI
This Law shall enter into force on 1 January 2001, with the exception of Article I (36), which shall take effect on the first day of the calendar month following that of its publication, and in particular Article 1 (1) thereof. I points 3, 8 and 15, which take effect on the date on which the Treaty of Accession of the Czech Republic to the European Union enters into force.
Klaus v. r.
Havel v. r.
v. Špidla v. r.

Sign in for notes, favorites and notifications

Rating:

Comments 0

To write comments, please sign in.

Regulation Information

CitationAct No. 155 / 2000 Coll., amending Act No. 65 / 1965 Coll., Labour Code, as amended, and some other laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation21.06.2000
Effective from01.01.2001
Effective until-
Status Valid
The regulation text is for informational purposes only.
Favorites
Browsing History