Decree of the Prime Minister, Central Council of Trade Unions No. 178 / 1968 Coll.
Decree of the Prime Minister on the publication of measures of the Central Council of Trade Unions on changes in the organisation and conduct of staff sickness insurance
Valid
Effective from 01.01.1969
178
DECLARATION
Prime Minister
of 17 December 1968
publishing the measures of the Central Board of Trade Unions on changes in the organisation and implementation of staff sickness insurance
The Prime Minister declares, pursuant to § 63 (1) of Act No. 54 / 1956 Coll., on staff sickness insurance, the attached measure of the Central Council of Trade Unions of 4 December 1968 on changes in the organisation and implementation of staff sickness insurance.
Ing. Cernik v. r.
MEASURES
Central Trade Union Councils
of 4 December 1968
on changes in the organisation and conduct of staff sickness insurance
With the agreement of the Government of the Czechoslovak Socialist Republic, the Central Council of the Unions shall determine, pursuant to Article 63 of Act No. 54 / 1956 Coll., on the sickness insurance of employees, as amended by Act No. 16 / 1959 Coll. (hereinafter referred to as "the Act ') and Article 13 (h) and Article 42 of the Statutes of the Revolutionary Trade Union Movement:
The measures of the Central Council of Trade Unions of 22 December 1958 on the organisation and implementation of staff sickness insurance, published by Decree of the Prime Minister No 91 / 1958 Coll., as amended by Regulations No 191 / 1960 Coll. and No 6 / 1967 Coll. (the "measure '), are amended and supplemented as follows:
1. Paragraph 2 reads as follows:
The sickness insurance of workers and citizens assimilated to them in sickness insurance (hereinafter referred to as "sickness insurance") shall be carried out in establishments and in the bodies of the Revolutionary Trade Union Movement designated in other parts of this measure. '
2. Part Two:
The sickness insurance authorities and their tasks
Authorities in the race
(1) The Racing Committee shall manage the implementation of sickness insurance in the establishment and ensure that it is carried out in accordance with the rules in force in accordance with the interests of the workers and that its resources are properly managed.
(2) As an authority of the racing committee, the National Insurance Board is responsible for carrying out sickness insurance. When working committees of the Revolutionary Trade Union Movement are set up in the plant, they also act as their bodies in carrying out sickness insurance. In particular, these authorities are responsible for deciding on benefits under other provisions of the measure and the provisions on benefits. *) If the National Insurance Board (National Insurance Workshop Committee) is not set up, the Committee shall exercise its competence directly.
(3) The trade union authorities referred to in the preceding paragraphs also exercise in the establishment the competence that the Revolutionary Trade Union Movement has to perform in the context of cooperation and control in health care and social security. * *)
(4) The rules of the Revolutionary Trade Union Movement shall apply to the setting-up of the National Insurance Board referred to in paragraph 2 and to the arrangements for the negotiation and resolution of trade unions in a sickness insurance plant. Expenditure related to the activities of the institutions under the previous paragraphs shall be borne by the Racing Committee on its own initiative.
(5) In carrying out sickness insurance at the plant, the plant co-operates in the manner set out in other parts of the measure and in the provisions on benefits. *)
Management of sickness insurance
(1) The tasks of the Revolutionary Trade Union Movement in sickness insurance, which are carried out outside the establishment, are carried out by the Sickness Insurance Administration (hereinafter referred to as the Administration) established by the Central Council of the Unions. * * *)
(2) The administration also participates as a body of the Revolutionary Trade Union Movement in the tasks of the Revolutionary Trade Union Movement in cooperation and control in health care and social security.
(3) The administration is entitled, on its own behalf, to acquire rights and to undertake, to appear before courts and other state bodies, to sue and to be sued. +)
(4) The powers of the administrations are exercised by:
- the district sickness insurance authorities established for the counties (hereinafter referred to as the "district sickness insurance administration"),
- regional sickness insurance administration set up for the regions (hereinafter referred to as the Regional Insurance Office),
- Czech Health Insurance Administration (hereinafter referred to as the "Czech Administration") based in Prague,
- Slovenská sprání sporčenský základě (hereinafter "Slovenská správy"), having its registered office in Bratislava,
- Central administration of sickness insurance ("Central administration"), based in Prague.
(5) Regional and regional administrations in the Czech Socialist Republic are subordinate to the Czech administration, in the Slovak Socialist Republic to the Slovak administration, and the regional administrations are directly subordinate to regional administrations.
(6) The costs of the activities of the Czech administration and district and regional administrations in the Czech Socialist Republic are borne by the budget of the Czech administration. The costs of the activities of the Slovak administration and district and county administrations in the Slovak Socialist Republic are borne out by the budget of the Slovak administration. The cost of the activities of the Central Administration is paid from the budgets of the Czech Administration and Slovak Administration.
Regional administration
(1) The district administration is the managing and controlling body of sickness insurance in the district for which it is established. In particular, within its scope,
(a) manage the implementation of sickness insurance;
(b) ensure uniform procedures and respect for socialist legality in the sickness insurance sector;
(c) deal with comments, complaints and questions of citizens and organisations;
(d) develop information and instruction activities and train trade union assets on sickness, health and social security issues;
(e) checks the implementation of sickness insurance and the management of its resources in establishments;
(f) decide on appeals against decisions taken by sickness insurance authorities in establishments in batch matters of sickness insurance;
(g) decide on the insurance relationship issues (Paragraph 43 (1));
(h) impose the payment of the premium on insurance sickness insurance provided for in Article 27;
(i) defend the interests of sickness insurance and represent the Administration; dealing in these matters with public authorities and organisations;
(j) carry out sickness insurance for small-scale workers;
k) carry out other tasks carried over to it under its responsibility by the Czech Administration or Slovak Administration.
(2) The district administration is responsible for establishments and small establishments which have their head office within its jurisdiction.
(3) The district administration, within the scope of the Revolutionary Trade Union Movement, shall discuss these issues with the competent authorities of the District National Committee and other authorities and social organisations in the district and cooperate in the matters of health and social security care and control.
(4) The Head of the District Administration is the Administrative Commission and the Head.
(5) The Administrative Commission consists of elected representatives of trade unions operating in the district. He shall elect a President and a Vice-President from among himself. The Administrative Commission shall discuss issues of a fundamental nature, the action plans and the reports on the results of the activity, as well as the questions it shall require and the questions the Head shall submit to it. The Administrative Commission shall decide:
(a) appeals against decisions relating to sickness insurance (paragraph 1 (f));
(b) measures to eliminate hardships pursuant to Article 63 (3) of the Act where such decisions are entrusted to the district administration in individual cases.
(6) The Head of the District Administration in the territory of the Czech Socialist Republic and their representative is responsible for this function and is removed from it by the Director of the Czech Administration, the Director of the Slovak Socialist Republic. The Head shall act on behalf of the district administration and may entrust other staff to the district administration. The Director shall suspend the implementation of the Administrative Commission's resolution if it considers it illegal and submit it to the Regional Administration without delay; its opinion is binding on the district administration.
Regional administration
(1) The Regional Administration is the managing and controlling body of sickness insurance in the region for which it is established. In particular, within its scope,
(a) ensure that sickness insurance is properly carried out and manages the activities of the county administrations;
(b) ensure uniform procedures and respect for socialist legality in the sickness insurance sector;
(c) develop information and instruction activities and organise and conduct training of staff of the Administration and Trade Union on sickness, health and social security issues;
(d) control the implementation of sickness insurance and the management of its resources in district management and in establishments;
(e) decide on appeals against decisions of the district governments (§ 9 (1) (f) to (h));
(f) defends the interests of sickness insurance and represents the Administration, acts in these matters with public authorities and organisations;
(g) keep a register of establishments in which sickness insurance is carried out and a register of small establishments;
(h) collect, prescribe and enforce insurance premiums and periodic penalty payments, collect and enforce premium payments;
(i) it processes and controls the reports of the establishments submitted, manages the sickness insurance funds, prescribes and enforce the amount by which they have been reduced on account of the defects identified; identify and recover any other damage caused to the performance of sickness insurance;
(j) keep accounts for sickness insurance and draw up the required accounts;
(k) prepare and monitor the implementation of the sickness insurance budget;
(l) carry out other tasks carried over to it under its responsibility by the Czech Administration or the Slovak Administration.
(2) The Regional Administration is responsible for regional administrations, establishments and small establishments which have their head office in its territory.
(3) The Regional Administration, within the scope of the Revolutionary Trade Union Movement's responsibility for cooperation and control in health care and social security, is discussing these issues with the competent authorities of the national committees, as well as with other authorities and social organisations in the region, and is co-operating in matters of health and social security care and control.
(4) The Regional Administration is headed by the Administrative Commission and the Head.
(5) The Administrative Commission is composed of elected representatives of trade unions operating in the county. He shall elect a President and a Vice-President from among himself. The Administrative Commission shall discuss issues of a fundamental nature, the action plans and the reports on the results of the activity, as well as the questions it shall require and the questions the Head shall submit to it. The Administrative Commission shall decide:
(a) appeals against decisions relating to sickness insurance [§ 9 (1) (f) to (h)];
(b) measures to eliminate the hardships referred to in Article 63 (3) of the Act, where such decisions are entrusted to the regional administration on a case-by-case basis.
(6) The Head of Regional Administrations in the territory of the Czech Socialist Republic and their representatives are responsible for this function and are removed from it by the Director of the Czech Administration, the Director of the Slovak Socialist Republic. The Head shall act as the Regional Administration and may entrust other Regional Administration staff and, as the case may be, the Head of a Regional Administration within his or her jurisdiction. The Director shall suspend the implementation of the order or decision of the Administrative Commission, if it is unlawful, and submit it immediately to the superior Czech administration or Slovak administration; its position is binding on the regional administration.
(7) In the territory of the capital city of Prague, the regional administration of the Prague sickness insurance administration (hereinafter the "Prague administration") belongs; in the territory of the capital of Slovakia, Bratislava is the responsibility of the Bratislava sickness insurance administration (hereinafter referred to as the "Bratislava sickness insurance administration '). Where the rules on sickness insurance refer to regional administration, the Prague administration and the Bratislava administration are also understood. Prague administration and Bratislava administration also belong to the area of the district administration; they also carry out sickness insurance for small plant workers. To this end, a district committee is set up for the various urban districts in Prague and Bratislava.
Top sickness insurance authorities
(1) The Central Council of Trade Unions exercises the function of the top body of sickness insurance provided for in Section 54 of the Act, both directly and through the top national trade union bodies and the Czech administration, Slovak administration and central administration.
(2) Central Board of Trade Unions
(a) discuss and deliver opinions on the principles of basic concepts, prospects and prospects of sickness insurance, health care and social security;
(b) discuss and deliver opinions on the principles of federal legislation in the field of sickness insurance, health care and social security;
(c) issue legislation on sickness insurance by virtue of legal authorisation;
(d) discuss and draw conclusions on the state and development of sickness insurance, health care and social security;
(e) discuss the questions which it requests;
(f) appoint and remove the Director of the Central Administration and its representative.
(3) High national trade unions
(a) discuss and deliver opinions on the conceptual issues of sickness insurance, health care and social security in their field;
(b) discuss and deliver opinions on proposals for adjustments to sickness insurance, health care and social security;
(c) discuss and approve draft plans and budgets for sickness insurance and the results of its management;
(d) discuss the questions which they request;
e) appoint and remove the directors of the Czech administration and the directors of the Slovak administration and their representatives and members of the administrative departments of the Czech administration and the Slovak administration from among experts designed by scientific and professional institutions.
Czech Administration and Slovak Administration
(1) The tasks of the Administration, which go beyond the competence of the Regional and Regional Administrations, are carried out by the Slovak Administration in the Czech Socialist Republic, in the Slovak Socialist Republic. The Czech Administration and Slovak Administration is the managing and controlling body of sickness insurance in its area of competence.
(2) In the exercise of its competence Czech Administration and Slovak Administration in particular
(a) manage sickness insurance and the activities of all subordinate organisational units of the Administration;
(b) carry out research tasks in sickness insurance, carry out analyses of its state and development and participate in prospective studies on its development, the processing of long-term prospects and the preparation of proposals for major adjustments;
(c) within the scope of the Revolutionary Trade Union Movement's responsibility for cooperation and control in health care and social security, for the interests of workers, to monitor and cooperate in these matters and in their control; participate also in research tasks relating to these fields and other related issues of living standards and social policy;
(d) carry out analyses and evaluations of the state and development of sickness insurance, health care and social security, develop proposals for measures and arrangements in these matters, express its views on proposals made by other bodies, including legislative proposals, prepare the documents for the negotiations on these issues and participate in their discussions, including international contacts;
(e) oversees the proper implementation of sickness insurance and respect for socialist legality in its implementation; within that scope, it shall be entitled to abort exceptionally the final decision of the lower sickness insurance institution if it has infringed the law and if no more than three years have passed since the acquisition of legal power; its opinion shall be binding on the lower authorities;
(f) issue instructions and guidelines on sickness insurance;
(g) discuss issues of sickness insurance with the competent national authorities, as well as issues arising from synergies and control of the Revolutionary Trade Union Movement in Health and Social Security;
(h) discuss the principles and plan of spa care with the competent health authorities, negotiate economic agreements on the provision of spa care, organise and monitor the provision of the service to workers and their family members;
(i) organise and develop promotional, information and publication activities and issue a specialist journal on sickness insurance and related issues, which is also its Bulletin; ensure the education and training of officials and staff of the Health Insurance, Health and Social Insurance and in cooperation with the competent trade union authorities, as well as the education and training of trade union assets;
(j) manage sickness insurance and carry out analyses and control of their management;
(k) draw up draft plans and budgets for sickness insurance, check their implementation and manage and organise the planning and budgetary activities of subordinate organisational units of the Administration;
(l) manage and organise the accounting service of sickness insurance, concentrate its results and compile the prescribed reports and statements;
(m) be responsible for the commitments of the Administration, unless otherwise provided for in the measure or other legislation.
(3) The management committee and director are headed by the Czech administration and the Slovak administration.
(4) The Administrative Committee of the Czech Administration and the Administrative Committee of the Slovak Administration consists of elected representatives of trade unions active in their field of competence, a representative of the Ministry of Finance and experts appointed by the national high-level trade union body on a proposal from scientific and professional institutions. The Administrative Committee shall elect a Chairperson and a Vice-Chair from among its members. The Administrative Committee shall discuss issues of a fundamental nature, activity plans, activity reports, issues it shall request and questions submitted to it by the Director. It also takes measures to eliminate hardships under Article 63 (3) of the Law.
(5) The Director of the Czech Administration, the Director of the Slovak Administration and the Deputy Director is appointed and removed by the national supreme authority responsible for its area of competence. The Director of the Czech Administration and the Director of the Slovak Administration are acting under the responsibility of the Administration and may entrust other staff to the Administration. It shall delegate and withdraw from the management and deputy management staff in regional and regional administrations. The Director of the Czech Administration and the Director of the Slovak Administration shall be responsible to the relevant trade union for the proper performance of the administrative tasks it manages and the subordinate organisational components of the Administration.
(6) In the Czech administration and in the Slovak administration there is a Supervisory Committee composed of elected representatives of trade unions active in its field of competence. The Supervisory Committee shall elect a chairman from among its number. The Supervisory Committee shall have control over the management of sickness insurance funds and the approval of the results of the management.
Central administration
(1) The central administration is a common body of sickness insurance, with the competence of the entire Czechoslovak Socialist Republic. It shall also carry out, on a central scale, the functions and activities of the Commission in the care of health and social security.
(2) Central management in the exercise of its responsibilities
(a) process the concept of sickness insurance, participate with the relevant central authorities in the preparation of social security concepts, in the preparation of related social policy and health care issues, and express its views on these concepts and issues;
(b) prepare, submit and discuss draft legislation on sickness insurance and other matters falling within its competence, and participate in the discussion of legislation proposed by other institutions;
(c) coordinate the initiatives of the authorities of the Revolutionary Trade Union Movement in the fields of sickness insurance, health care and social security;
(d) discuss fundamental matters of spa care;
(e) discuss the principles of sickness insurance plans and budgets and the management of its resources;
(f) is a member of international social security organisations, represents sickness insurance therein and develops international contacts in these matters according to its own plan;
(g) participate in and co-operate in the preparation, design and negotiation of inter-state conventions on social policy and social security (insurance).
(3) The Management Committee and the Director shall be the head of the Central Administration.
(4) The Administrative Committee consists of the same number of elected representatives of the administrative committees of the Czech administration and Slovak administration. The Administrative Committee shall elect a chairman and a deputy chairman from among its number. It shall discuss issues of a fundamental nature, plans of action and reports on the activities of the Administration, questions to be discussed and questions to be referred to it by the Director.
(5) The Director and his representative are appointed and withdrawn by the Central Board of Trade Unions. The Director shall act on behalf of the Administration and may entrust other staff to the Administration.
Common provisions on sickness insurance bodies
(1) Details of the composition of the administrative committees, administrative committees, supervisory committees, district and batch committees in the organisational bodies of the Administration, the term of office of these bodies, the way in which they are established, the negotiations and resolutions, the choice of their members and the chairmen and the appeal of them are to be adopted by the Administration. The Rules of Procedure shall also provide for the establishment and establishment of auxiliary and working groups for certain questions and other details needed for the proper functioning of the Administration.
(2) Membership and Presidency in the authorities of the administrations referred to in paragraph 1 as well as in the trade unions of sickness insurance in establishments is an honorary function. The provisions of the Regulations on the release of workers from employment to office in the Revolutionary Trade Union Movement apply to the reimbursement of lost earnings, travel and other expenses incurred by members and officials in connection with the performance of their duties in these institutions. *)
(3) Members and officials of sickness insurance institutions, as well as staff of the establishments and staff of the Administration, are required to remain silent about the facts to be kept secret and learned about in connection with the performance of the sickness insurance activity. This obligation shall continue after the end of the term of office or employment, as appropriate.
(4) All sickness insurance authorities are entitled, within the limits of their competence, to require, under Paragraph 59 of the Act, assistance from public authorities, as well as from budgetary, economic and other organisations, and free of charge, the communication needed to carry out and manage sickness insurance.
(5) All sickness insurance authorities shall provide each other with all assistance needed to carry out sickness insurance. This assistance is also provided to them at their request by other authorities and components of the Revolutionary Trade Union Movement. "
3. in § 14 (3), in § 15 (2) and (3) and in § 16 (1), the words "Central Council of Trade Unions" shall be replaced by the words "Central Administration, Czech Administration or Slovak Administration," respectively.
4. Paragraph 19 (4) reads as follows:
"(4) The management of sickness insurance in the Board shall be subject to the rules on budgetary organisations; The management shall have the status of a budgetary organisation. ';
5. Paragraph 20 (2) (e) reads as follows:
"(e) the costs of carrying out sickness insurance at the Institute;"
6. Paragraph 25 (1) reads as follows:
"(1) If the establishment is an organisation which pays the contributions to the state budget or to the national committee budget as part of the gross income or profit payment * *) or as part of the agricultural tax payment * *), or is incorporated into such an organisation, the competent county administration shall report only the amounts charged to the prescribed statement of benefits. '
7. Paragraph 35 (1) reads as follows:
"(1) The sickness insurance benefits in cash and the childcare allowance (hereinafter referred to as" benefits ") shall be decided by the institution in the establishment (§ 7) and by the district and county authorities (§ 9 and 9a) according to the measure and the rules on sickness insurance benefits. '
8. The following paragraph 5 is inserted in Paragraph 38:
"(5) The district administration shall be entitled to take a decision instead of the trade union body in the establishment if that authority refuses to initiate the procedure or if it has not decided on the case itself within the time limit specified by the district administration. ';
9. In Paragraph 39, the following paragraph 3 is inserted after paragraph 2:
"(3) In proceedings relating to the obligation to repay an wrongly granted or overpaid benefit, the establishment to which the benefit is to be repaid may also be withdrawn if the application for repayment of the excess has not been fully complied with. '
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
10. The following Section 41a is inserted after Section 41:
The appeal against the decision of the trade union body in the establishment, which is in the district of the capital of Prague or the capital of Slovakia Bratislava, is decided by the respective district committee (§ 9a (7)). The Administrative Commission of the competent Prague administration or Bratislava administration shall decide on the appeal against its decision. The provisions of Sections 40 and 41 also apply here. "
11. In Paragraph 43, the following paragraph 4 is added:
"(4) The disputed issues of the premium rate referred to in paragraph 1 and the payment of the premium to the premium shall be decided by the competent district commission in the capital of Prague and in the capital of Slovakia Bratislava. The Administrative Commission of the competent Prague administration or Bratislava administration shall decide on the appeal against its decision. '
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
12. Paragraph 45 (1) is deleted. Paragraphs 2 to 5 shall be renumbered paragraphs 1 to 4.
13.
Eligibility for legal proceedings
(1) Save as otherwise provided in the specific provisions, the Regional Administration, which is responsible for the matter under Paragraph 9a (2), shall represent the Administration in proceedings before the court.
(2) The Regional Administration is also entitled, on behalf of the Administration, to recover insurance premiums, premium premiums, periodic penalty payments, as well as compensation for damages and compensation for benefits paid.
(3) The Czech administration and the Slovak administration are entitled to take over the representation of the Administration in court or to entrust the representation to any other subordinate organisational body of the Administration. "
14. Paragraph 53, including the title, reads as follows:
"Proceedings in the case of sickness insurance for small plant workers
The provisions of Part Five shall apply mutatis mutandis to proceedings relating to sickness insurance for workers of small establishments. The following derogations shall apply to batch driving:
a) The entitlement to benefits applies to the district administration, in the territory of the capital of Prague near the Prague administration, in the territory of the capital of Slovakia Bratislava near the Bratislava administration.
(b) In batch cases, the batch commissions established by the county administrations shall decide. In Prague and Bratislava, district commissions decide on batch matters.
(c) the appeal against the decision of the Batch Board shall be decided by the Administrative Commission of the District Administration; the decision may be appealed to the Regional Administration. Her decision is final.
d) The appeal against the decision of the District Commission in Prague is decided by the Administrative Commission of the Prague Administration, the appeal against the decision of the District Commission in Bratislava by the Administrative Commission of the Bratislava Administration. Their decisions are final. "
15. Where the measure or other rules on sickness insurance refer to the district trade union council, this is understood to mean the district health insurance administration, where the regional trade union board is referred to, the regional health insurance administration. Where the Prague Trade Union Council is mentioned, this means the Prague Health Insurance Administration for the future; The same rank is held by the Bratislava sickness insurance administration.
In cases of sickness insurance in which proceedings have been initiated before 1 January 1969, further proceedings and decisions shall pass on 1 January 1969 to the authorities competent under this measure. The provisions of the new version of Part Five (Sections 35 to 47) and 53 of the measure apply from 1 January 1969 to proceedings initiated before that date, provided that no final decision was taken by 31 December 1968.
This measure shall take effect on 1 January 1969.
Chairman:
Polack v. r.
*) For example Decree No. 143 / 1965 Coll., on the provision of cash benefits for sickness insurance, and Decree No. 95 / 1968 Coll., on the provision of benefits for children in sickness insurance.
* *) § 10 paragraphs 1 and 2 of Act No. 20 / 1966 Coll., on the care of the health of the people, § 51 of Decree No. 42 / 1966 Coll., on the provision of medical preventive care, and § 87 of Act No. 101 / 1964 Coll., on social security.
* * *) Resolution IX. of the Central Council of Trade Unions of 26 September 1968.
†) Legal personality was granted under Article 42 of the Statute of the Revolutionary Trade Union Movement by resolution IX. of the plenary session of the Central Council of Trade Unions of 26 September 1968.
*) Decree No. 134 / 1968 Coll., on releasing workers from employment to perform duties in the Revolutionary Trade Union Movement.
* *) Government Decree No. 100 / 1966 Coll., on Planning Management of National Economy, as amended by Government Regulations No. 83 / 1967 Coll., No. 16 / 1968 Coll. and No. 148 / 1968 Coll.
* * *) Act No. 112 / 1966 Coll., on Agricultural Tax.
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Regulation Information
| Citation | Decree of the Prime Minister, Central Council of Unions No. 178 / 1968 Coll., which publishes the measures of the Central Council of Unions on changes in the organisation and conduct of staff sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1968 |
|---|---|
| Effective from | 01.01.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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