Government Regulation No. 167 / 2016 Coll.
Government regulation on the contribution to the mitigation of the social impact of restructuring and the reduction of the activities of legal entities engaged in coal mining
Valid
Regulation
Effective from 01.06.2016
167
GOVERNMENT REGULATION
of 11 May 2016
on the contribution to the mitigation of the social impact of restructuring and the reduction of the activities of legal entities engaged in the production of coal
Act No. 50 / 2011 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011 / 2011 / 2011, Act No. 15 / 2011 / 2011 / 2011 / 2011, Act No. 15 / 2011 / 2011 / 2011 / 2011 / 2011, Act No. 15 / 2011 / 2011 / 2011, Act.
(1) This Regulation provides for a contribution to the mitigation of the social impact of the restructuring and reduction of the activities of legal entities engaged in the production of coal (hereinafter referred to as "the contribution ') and the conditions and manner of its provision.
(2) The contribution is provided by the Ministry of Industry and Trade ("the Ministry ') from the State Budget.
(3) For the purposes of this Regulation:
(a) a designated mining company, a legal person engaged in the extraction of coal referred to in Annex 1 (1) to this Regulation, or a fissile plant of a state-owned undertaking to which the rights and obligations arising from the employment relationships of employees of the designated mining company listed in Annex 1 (2) to this Regulation have been transferred;
(b) by restructuring the partial closure of operations or the closure of part of the activity of the designated mining company.
(1) The contribution shall be granted to a staff member of a designated mining company who has been reduced by the number of employees as a result of the restructuring and the reduction of its activity, whose employment with that designated mining company has been untied by notice for the reasons set out in points (a) to (c) of Section 52 of the Labour Code or by an agreement under Section 49 of the Labour Code for the same reasons, and whose employment continued continuously for at least 2 years at the end of the employment relationship (hereinafter referred to as "the beneficiary ').
(2) The condition for granting the contribution is that in the region in which the beneficiary's place of work with a designated mining company was higher than or equal to the average proportion of unemployed persons in the calendar year preceding the end of the employment relationship, according to the statistics of the Ministry of Labour and Social Affairs.
(3) The allowance shall be granted on a monthly basis of:
(a) CZK 8,000 if it is an employee of a designated mining company with the predominant work in the underground mine; or
(b) CZK 5,300 if the employees of the designated mining company with the predominant performance of the work outside the underground mine.
(1) Save as otherwise provided for in this Regulation, the allowance shall be granted for a period of:
(a) 3 months if the authorised person's employment relationship with the designated mining company has lasted less than 5 years;
(b) 6 months if the employment relationship of the beneficiary to the designated mining company has lasted for at least 5 years; for each additional year of continuous employment with a designated mining company, the grant shall be extended by 3 months but not more than 30 months.
(2) The allowance shall be granted for a period of 60 months in the case of an authorised person who has been an employee of a designated mining company having the predominant work in the underground mine and has reached the age of at least 50 years at the date of termination of the employment of the designated mining company and has worked continuously for a designated mining company for at least 25 years and has worked at least 3,300 shifts at the place of employment in the underground coal mine.
(3) The allowance shall be granted for a period of 60 months in the case of an authorised person who has been an employee of a designated mining company with the predominant performance of work outside the underground mine and has reached the age of at least 55 years at the date of termination of employment of the designated mining company and of a permanent employment of at least 25 years in the case of the designated mining company.
(4) Until the continued duration of the employment of a designated mining company, the period of employment of another legal person engaged in the activity shall also be counted for the beneficiary.
(a) coal mining where the rights and obligations arising from employment relations with that legal person have been transferred to a designated mining company; or
(b) mining activity (1) if, immediately after the termination of such employment, the beneficiary has had an employment relationship with the designated mining company.
(5) Where the beneficiary is entitled to a special contribution to miners under the law governing the special contribution of miners (m2), a contribution equal to the difference between the contribution provided for under Paragraph 2 (3) and the special contribution to miners shall be granted.
(6) Where the beneficiary is entitled to compensation for loss of earnings under the Labour Code (3), a contribution equal to the difference between the contribution provided for under Paragraph 2 (3) and the compensation for loss of earnings shall be granted.
(1) Entitlement to the allowance is granted on the day following the date of termination of the employment of the beneficiary with the designated mining company.
(2) The entitlement to the allowance may be exercised by the beneficiary within 6 months of the termination of the contract with the designated mining company. On expiry of that period, entitlement to the allowance shall cease.
(3) An application for a contribution may be made by the beneficiary by means of a form, a model of which is set out in Annex 2 to this Regulation, by a State firm set out in Annex 1 to this Regulation for a designated mining company as a competent State firm (hereinafter referred to as "the relevant State firm ').
(4) Where an application for a contribution is made through a competent State enterprise, the competent State enterprise shall, within 10 days of its receipt, forward it to the Ministry with a recommendation of granting or not granting the contribution.
(5) The Ministry will examine the application within 10 days of its receipt and decide whether or not to grant the contribution.
(6) The Ministry shall notify its decision granting the allowance to the beneficiary to the competent State firm which shall inform the beneficiary in writing within 10 days of the date of notification of the decision. In the written notification of the start of payment of the contribution, the competent State firm shall indicate the amount of the allowance to be paid monthly, the number of months after which the contribution will be paid and the conditions for the loss of entitlement to the contribution.
(7) The allowance shall be paid monthly in arrears from the month following the month in which the allowance was granted to the beneficiary.
(8) The allowance shall be paid through the competent State enterprise on behalf of the beneficiary or in the form of a postal order to the delivery address, if the beneficiary communicates it or to the address of the permanent residence or place of residence.
(1) Entitlement to the allowance shall cease if the beneficiary:
(a) has been excluded as a candidate for employment in the employment register from the employment register pursuant to § 30 (1) (b), (d) and (e) or § 2 of the Employment Act (4);
(b) has entered into employment with a legal entity engaged in the extraction of coal;
(c) start receiving an old-age pension;
(d) have been convicted of a criminal offence by force;
(e) has entered for the execution of a custodial sentence or for the execution of a protective measure of security detention;
(f) has been taken into custody and six months have elapsed since its arrest; or
(g) died.
(2) The authorised person shall, by the 20th day of each month at the latest, give a solemn declaration to the competent State firm that the facts leading to the termination of the contribution referred to in paragraph 1 (a) to (f) have not occurred.
(3) Where the event referred to in paragraph 1 has occurred, entitlement to the allowance shall cease on the first day of the month following that in which it occurred.
(1) The competent State firm shall, on the eighth day of each month, draw up an overview of the entitlements of beneficiaries under this Regulation for the preceding month and an estimate of the expected entitlements for the following month and submit them to the Ministry.
(2) On the basis of an overview of the rights of beneficiaries referred to in paragraph 1, the Ministry shall, within 15 days of the date of receipt of the summary, assess the required amount of funding from the State budget for the payment of the contribution and send it to the special account of the relevant State firm from which the relevant State firm pays contributions to the beneficiaries.
(3) The competent State firm shall record the status and movement of the funds held in the special escrow account referred to in paragraph 2 in its accounts in a separate off-balance-sheet account and shall demonstrate to the Ministry, after each calendar quarter, the accuracy of the amounts paid from that account in the manner determined by the Ministry.
(4) In the case of unlawful use or detention of State budget funds intended for the payment of the allowance to beneficiaries, other legislation governing the infringement of budgetary discipline (5) shall be followed.
(1) The designated mining company, which is to be restructured and reduced by its activities, shall notify the Ministry at least 3 months before the expected date of commencement of the reduction in staff.
(2) In the staff reduction plan, the designated mining company shall specify:
(a) the number of employees whose employment is to be terminated as a result of restructuring and downsizing of activities for the reasons set out in Sections 49 or 52 (a) to (c) of the Labour Code;
(b) the terms of termination of their employment;
(c) data on the average duration of their employment with the designated mining company; and
(d) their distribution according to the predominant nature of their work with the designated mining company to:
1. an employee with the predominant performance of work in the underground mine; and
2. employees with the predominant performance of work outside the underground mine.
Transitional provisions
(1) In addition to the facts set out in Article 7 (2), the designated mining company which initiated the restructuring and the downgrading of its activities before the date of entry into force of this Regulation shall indicate in its staff reduction plan the list of employees with whom the employment under Article 49 or Article 52 (a) to (c) of the Labour Code ended in connection with the restructuring and downturn of its activities from 1 January 2016 until the date of entry into force of this Regulation.
(2) An employee of a designated mining company whose employment with a designated mining company lasted continuously for at least 2 years and, as a result of its restructuring and downturn of its activities, has been terminated for the reasons set out in paragraphs 49 or 52 (a) to (c) of the Labour Code between 1 January 2016 and the date of entry into force of this Regulation, may submit an application for contribution until 30 November 2016.
Repeal
They shall be deleted:
1. Government Decree No 287 / 2001 Coll., on the contribution related to the restructuring and reduction of brown coal mining.
2. Government Decree No. 397 / 2004 Coll., amending Government Decree No. 287 / 2001 Coll., on the contribution related to the restructuring and reduction of brown coal mining.
Efficacy
This Regulation shall take effect on 1 June 2016.
Prime Minister:
Sobotka v. r.
Minister for Industry and Trade:
Ing. Mládek, CSc., v. r.
Příloha č. 1
Annex No 1 to Government Regulation No 167 / 2016 Coll.
List of designated mining companies and relevant state-owned enterprises
Specified mining company
1. OKD, a.s.
Relevant State enterprise
DIAMO, State Company
2. DIAMO split plant, state enterprise to which the rights and obligations arising from employment relationships of employees pass
OKD, a.s. DIAMO, state enterprise
Příloha č. 2
Annex No 2 to Government Regulation No 167 / 2016 Coll.
1) Article 2 of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and the State Mining Administration, as amended.
2) Act No. 98 / 1987 Coll., on a special contribution to miners, as amended.
3) § 271b of the Labour Code, as amended.
4) Act No. 435 / 2004 Coll., on Employment, as amended.
5) Sections 44 and 44a of the budget rules, as amended.
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Regulation Information
| Citation | Government Regulation No. 167 / 2016 Coll., on the contribution to the mitigation of the social impacts of restructuring and the reduction of the activities of legal entities engaged in the production of coal |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.05.2016 |
|---|---|
| Effective from | 01.06.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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