Decree No. 181 / 2002 Coll.
Government Regulation on the contribution related to the restructuring of the steel industry
Valid
Regulation
Effective from 09.05.2002
181
GOVERNMENT REGULATION
of 25 March 2002
on the contribution related to the restructuring of the steel industry
The Government mandates the implementation of Act No. 218 / 2000 Coll., on Budgetary Rules and on the amendment of certain related laws (Budget Rules), as amended by Act No. 493 / 2000 Coll., Act No. 141 / 2001 Coll., Act No. 187 / 2001 Coll., Act No. 320 / 2001 Coll. and Act No. 450 / 2001 Coll., hereinafter "the Act ':
(1) This Regulation lays down the conditions and arrangements for granting a contribution (1) to address the social consequences of restructuring (hereinafter referred to as "the contribution") to the employees of the metallurgical companies listed in the Annex to this Regulation (hereinafter referred to as "the metallurgical company").
(2) The contribution is provided by the Ministry of Industry and Trade ("the Ministry ') from the State Budget.
(1) The allowance shall be granted to a worker of a metallurgical company who has not been entitled to the allowance under Government Decree No 310 / 2000 Coll., concerning certain measures relating to the restructuring of the steel industry, and to which:
(a) the employment contract, negotiated with a metallurgical company for an indefinite period, is terminated between the date of application of this Regulation and 31 December 2006 by the employer or by an agreement for the reasons set out in paragraphs 46 (1) (a) to (c) of the Labour Code, provided that they are linked to the restructuring of the metallurgical company, and meets the following conditions:
1. be permanently in employment with a metallurgical company for at least 10 years;
2. at the date of reaching the age needed for entitlement to an old-age pension, he shall be absent for a maximum of 10 years, but not less than 10 months; or
(b) the employment contract, negotiated with a metallurgical company for an indefinite period, is terminated from the date of application of this Regulation until 31 December 2006 by the employer or by an agreement on grounds referred to in points (a) to (c) of Paragraph 46 (1) of the Labour Code, if it is linked to the restructuring of a metallurgical company, if it is a worker who has suffered from, or directly related to, damage to health (occupational accident) or to an occupational disease, (2) or a worker who is a child who is considered to be uninsured under the special legislation governing national social assistance (3) and is free, divided or widowed.
(2) If the employee is permanently in employment with a metallurgical company for a maximum of 10 years, the amount of the allowance shall be ten times his average monthly earnings, 4) a maximum of CZK 160,000. This maximum amount shall not include increases pursuant to § 3 (3) (a) to (d).
(3) If the employee is continuously in employment with a metallurgical company for more than 10 years, the amount of the allowance shall be 10 times his average monthly earnings, 4) and if this ten times his average monthly earnings exceed CZK 160,000, the amount of the allowance shall be calculated by increasing for each year by which the employee's employment relationship to the metallurgical company exceeds 10% of the difference between the staff member's average monthly earnings and CZK 160,000; This increase of over CZK 160,000 shall be carried out with a maximum of 10 individual years, by which the duration of the employment relationship to the metallurgical company exceeds 10 years, up to a maximum of CZK 30,000. This maximum amount shall not include increases pursuant to § 3 (3) (a) to (d).
(4) Pending the continuous duration of the employee's employment relationship with the metallurgical company, the duration of the employment relationship with the metallurgical companies listed in the Annex to this Regulation shall be counted.
(5) Until the continuous duration of an employee's employment relationship with a metallurgical company is taken into account, the duration of the employment relationship with a metallurgical company as set out in the Annex to this Regulation shall not be taken into account if the employment relationship ended for the reasons set out in Article 46 (1) (e) or (f) or Article 53 of the Labour Code and preceded the employment relationship which was terminated pursuant to Article 2 (1).
(6) The staff member shall not be entitled to the allowance if, within three months of the end of his employment, he has obtained an employment relationship with a metallurgical company. If the staff member has already been paid a contribution or part thereof, he shall be returned to the metallurgical company.
(1) The allowance shall be paid in two parts if the conditions laid down in Section 2 are met.
(2) The first part of the contribution of 40% of the amount calculated in accordance with Paragraph 2 (2) or (3) shall be paid without undue delay, but no later than the end of the eighth calendar month following the month in which the employment relationship with the metallurgical company was terminated.
(3) The second part of the 60% of the amount calculated in accordance with Paragraph 2 (2) or (3) shall be paid at the latest by the end of the 10th calendar month following the month in which the employment relationship with the metallurgical company was terminated at the latest on the written request of the staff member. This second part of the contribution shall be increased if:
(a) the staff member, within 3 months of the end of the employment relationship, no later than the first calendar or working day of the following calendar month, has taken up employment and has negotiated a fixed-term employment relationship, but for at least 6 months, and in the month of the payment of the second part of the allowance the employment relationship continues; the increase is 10% of the second part of the contribution,
(b) the staff member, within 3 months of the end of the employment relationship, at the latest on the first calendar or working day of the following calendar month, has taken up employment and has negotiated a fixed-term employment relationship, but for at least 12 months, and in the month of the payment of the second part of the allowance the employment relationship continues; the increase is 20% of the second part of the contribution,
(c) the staff member, within 3 months of the end of the employment relationship, but not later than the first calendar or working day of the following calendar month, has entered into employment and has negotiated an indefinite employment relationship and in the month of the payment of the second part of the allowance the employment relationship continues to last; the increase is 30% of the second part of the contribution; or
(d) the staff member has, within 3 months of the end of the employment relationship and at the latest on the first calendar or working day of the following calendar month, started to pursue a self-employed activity, carries out it for at least 6 months and continues to do so at the date of the application; the increase is 50% of the second part of the contribution.
(4) The second part of the allowance referred to in paragraph 3 shall not be paid if the staff member who has applied for employment mediation with the competent employment authority under special legislation (4a) has been excluded from the register of jobseekers because, without serious reasons:
(a) refuse to enter an appropriate employment;
(b) refuse to enter an agreed retraining course, did not take part in the retraining course within the specified scope of theoretical and practical training, did not fulfil the study and training obligations laid down by the training establishment which retraining is carrying out or did not submit to the final verification of the knowledge and skills acquired;
(c) fails to comply with the conditions laid down in the individual action plan;
(d) refuse to undergo a medical examination; or
(e) obstruct cooperation with the employment office.
(5) In the event of a contract of employment for a period shorter than the fixed weekly working time, the increase in the second part of the allowance referred to in paragraph 3 (a) to (c) shall be reduced proportionally.
Compliance with the conditions for payment of the second part of the allowance shall be demonstrated by the staff member by the following documents accompanying the application:
(a) for the purposes of the payment referred to in the first sentence of Article 3 (3), by confirming that it is kept in the register of applicants for employment or by certifying that it is not held in that register, provided that the employment mediation is not applied to the competent office of employment, but together with confirmation that it has been or has not been removed from that register or, where appropriate, by an employment contract;
(b) for the purposes of the payment provided for in Article 3 (3) (a) to (c) of the contract of employment, proof of the duration of the contract from the employer on the date of the application and confirmation by the competent employment office that it has not been kept in the register of applicants for employment since the date of entry into employment, including confirmation that it was or was not removed from that register during the period prior to taking up employment;
(c) for the purposes of the payment referred to in Article 3 (3) (d) by means of a document confirming the entitlement to start a self-employed activity under special legislation, (5) by an honorary declaration of self-employed activity on the date on which the application was made, and by a statement from the competent employment authority that, from the date on which the self-employed activity began, it has not been registered as self-employed persons, including confirmation that it was excluded from the register prior to the start of the self-employed activity, and by the competent district social security administration and the competent financial authority for registration as self-employed persons.
(1) The State Budget funds to cover the payment of the contribution shall be transferred by the Ministry to the special account of the metallurgical company with the banks, on the basis of a breakdown which it shall draw up in agreement with the Ministry of Finance and after consulting the metallurgical companies.
(2) The allowance is paid under the conditions laid down in this Regulation by a metallurgical company. In the case of unlawful use or detention of the State budget funds intended for the payment of the contribution, the specific legislation governing the breach of budgetary discipline shall be followed. 6)
(3) The metallurgical company shall record the status and movement of the funds held in the special bank account referred to in paragraph 2 in its books on 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.
The claims of the employees of the metallurgical companies for the contribution and claims of the metallurgical companies for the subsidy resulting from the effectiveness of Government Decree No 310 / 2000 Coll., concerning certain measures relating to the restructuring of the steel industry, are governed by the existing legislation.
Decree No. 310 / 2000 Coll., on certain measures relating to the restructuring of the steel industry, is hereby repealed.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Zeman v. r.
Deputy Prime Minister and Minister of Industry and Trade:
Doc.
Annex to Decree No. 181 / 2002 Coll.
Structured steel steel companies
| Mittal Steel Ostrava a.s. | IČ: 45193258 |
| NOVÁ HUŤ - Válcovna za studena, spol. s r.o. | IČ: 64617882 |
| NOVÁ HUŤ- Projekce, spol. s r.o. | IČ: 25393804 |
| NOVÁ HUŤ - OSTRAHA, spol. s r.o. | IČ: 25815377 |
| MS-UNIKOV OSTRAVA s.r.o. | IČ: 47977264 |
| Czech Slag - Nová Huť s.r.o. | IČ: 60775289 |
| Hutnictví železa, a.s. | IČ: 47115998 |
| VÍTKOVICE, a.s. | IČ: 45193070 |
| Vítkovické slévárny, spol. s r.o. | IČ: 62304992 |
| VÍTKOVICE-STAMONT, spol. s r.o. | IČ: 64617874 |
| VÍTKOVICE - Údržba, spol. s r.o. | IČ: 25871587 |
| VÍTKOVICE - Výzkum a vývoj, spol. s r.o. | IČ: 25870807 |
| VÍTKOVICE TESTING CENTER s.r.o. | IČ: 25870556 |
| VÍTKOVICE STEEL, a.s. | IČ: 25874942 |
| VÍTKOVICE Ozubárna, a.s. | IČ: 25877933 |
| VÍTKOVICE HEAVY MACHINERY a.s. | IČ: 25877950 |
| VVT - VÍTKOVICE VÁLCOVNA TRUB, a.s. | IČ: 25825291 |
| VÍTKOVICE Doprava, a.s. | IČ: 25909339 |
| VÍTKOVICE – ENVI, a.s. | IČ: 26823357 |
| VÍTKOVICE HARD a.s. | IČ: 25908065 |
| ŽP Tažírny trub Svinov, spol. s r. o. | IČ: 25361694 |
| TŘINECKÉ ŽELEZÁRNY, a.s. | IČ: 18050646 |
| TŘINECKÉ ŽELEZÁRNY - strojírenská výroba, a.s. | IČ: 25363654 |
| ENERGETIKA TŘINEC, a.s. | IČ: 47675896 |
| Slévárny Třinec, a.s. | IČ: 25830716 |
| D 5, | IČ: 47674539 |
| REFRASIL, s.r.o. | IČ: 48395862 |
| TRIFINAL, a.s. | IČ: 25860801 |
| TRIALFA, s.r.o. | IČ: 25839888 |
| Doprava TŽ, a.s. | IČ: 25398083 |
| Sochorová válcovna TŽ, a.s. | IČ: 25872940 |
| TŘINECKÁ PROJEKCE, a.s. | IČ: 47677741 |
| Třinecké gastroslužby, s.r.o. | IČ: 25838148 |
| ENVIFORM, s.r.o. | IČ: 25839047 |
| ŽDB a.s. | IČ: 47672412 |
| VYSOKÉ PECE Ostrava, a.s. | IČ: 25352954 |
| JÄKL Karviná, a.s. | IČ: 47672781 |
| JÄKL IMPEX, s.r.o. | IČ: 60488735 |
| VÁLCOVNY PLECHU, a.s. | IČ: 14613581 |
| Válcovny plechu TECHNOTRON, s.r.o. | IČ: 62360116 |
| Válcovny plechu BESS, s.r.o. | IČ: 62362411 |
| AZ FIN servis, s.r.o. | IČ: 64615880 |
| JIHOTRANS s.r.o. | IČ: 48951404 |
| Králodvorské železárny ENERGO s.r.o. | IČ: 48951412 |
| Kaltwalzwerk Králův Dvůr s.r.o. | IČ: 48592030 |
| KWW a.s. | IČ: 26688981 |
| KD FOUNDRY Králův Dvůr, s.r.o. | IČ: 48038164 |
| Železárny Velký Šenov s.r.o. | IČ: 61535842 |
| KERVAL a.s. | IČ: 26730758 |
| KD Trans s.r.o. | IČ: 26447975 |
| interStroj, a.s. | IČ: 25332341 |
| ŽV-DOPRAVA, a.s. | IČ: 64507947 |
| FERROMET GROUP, s.r.o. | IČ: 47549742 |
| FERROMET | IČ: 00000884 |
| Českomoravská obchodní a výrobní společnost, a.s. | IČ: 60704012 |
| POLDI Hütte s.r.o. | IČ: 25649787 |
1) Paragraph 7 (1) (o) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended.
2) Paragraph 190 (3) of the Labour Code. Government Decree No. 290 / 1995 Coll., establishing a list of occupational diseases.
3) Article 11 of Act No. 117 / 1995 Coll., on State Social Support, as amended.
4) Article 17 of Act No. 1 / 1992 Coll., on wages, remuneration for on-call and on average earnings, as amended.
4 (a) § 24 et seq. of Act No. 435 / 2004 Coll., on Employment, as amended by Act No. 168 / 2005 Coll.
5) For example, Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
6) Article 44 of Act No. 218 / 2000 Coll., as amended.
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Regulation Information
| Citation | Government Decree No. 181 / 2002 Coll., on the contribution related to the restructuring of the steel industry |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.05.2002 |
|---|---|
| Effective from | 09.05.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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