Decree No. 184 / 1960 Coll.
Ordinance on sickness insurance and pension insurance for staff in charge of foreign activities
Valid
Effective from 01.01.1961
184
DECLARATION
Central Councils of Trade Unions and State Social Security Office
of 9 December 1960
on sickness insurance and pension insurance for staff in charge of activities abroad
The Central Council of Trade Unions and the State Social Security Office shall determine, pursuant to § 2 (3) (c), § 3 (2) (b) and § 9 of Act No. 54 / 1956 Coll., on the sickness insurance of employees (hereinafter referred to as "the Social Insurance Act '), and § 3 (3) (c) and § 32 of Act No. 55 / 1956 Coll., on social security (hereinafter referred to as" the Social Security Act'):
Staff abroad
For sickness insurance and pension insurance of employees of Czechoslovak budgetary, economic or other organisations who are citizens of the Czechoslovak Socialist Republic and who are assigned or admitted to the exercise of their activities for such organisations outside the territory of the Czechoslovak Socialist Republic (hereinafter referred to as "employees abroad '), the general rules on sickness insurance and pension insurance of employees shall apply, unless further provisions of this Part of the Decree give rise to a derogation.
(1) For the purposes of sickness insurance and pension insurance, the income of an employee abroad shall be taken to be the gross functional salary according to the corresponding salary adjustments due to him during his foreign activities.
(2) Where there is no working salary for a staff member abroad, or where there is no provision, the amount to be determined by the competent central office or authority in accordance with the principles of pay arrangements for foreign service employees shall be deemed to be the income, depending on the nature of his activity abroad.
(3) If the earnings referred to in the preceding paragraphs are lower than the monthly gross wage (salary) due on average to the staff member for the last year prior to the posting abroad or, where appropriate, before the start of the preparation for the service abroad, that average monthly gross wage (salary) shall be regarded as the income.
(4) Foreign allowances or other allowances or salary increases granted to cover increased expenditure abroad shall not be included in the earnings referred to in the preceding paragraphs.
(1) If the earnings of an employee abroad are not taxed on payroll taxes, the net daily wage is deducted from the earnings of the wage tax which would have been paid on that income in the work held in the territory of the Czechoslovak Socialist Republic.
(2) Staff abroad are entitled to sickness insurance at the earliest from the date on which they no longer receive a working salary or salary in the event of disability or accident. The granting of an external allowance or other allowances referred to in Paragraph 2 (4) shall not prejudice entitlement to sickness benefits. However, support period *) shall be calculated from the first day of incapacity.
(3) The provisions of the preceding paragraphs apply mutatis mutandis to the provision of the sick leave in quarantine, to the provision of assistance in the treatment of a family member and to the provision of monetary assistance in maternity.
(1) If an employee is also insured abroad in the State in which he operates and receives cash sickness insurance benefits from such insurance, those benefits shall be counted against benefits of the same kind provided for the same reason under this Order.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to allowances for children, provided that they are granted in the State in which the staff member operates abroad, to his or her children, in accordance with the rules in force in that State.
Referring to cash benefits of sickness insurance and allowances for children abroad shall be treated in the same way as the salary.
If an employee abroad has also been compulsorily insured in the State in which he was active and receives benefits similar to those of pension benefits from such insurance, those benefits shall be counted against benefits of the same kind provided for the same reason under this decree.
(1) The obligations of the employer (establishment) arising from the rules on sickness insurance and pension insurance are fulfilled by organisations in the Czechoslovak Socialist Republic to which the employee is employed. In exceptional cases, those obligations shall be fulfilled by another organisation which has taken over their performance or which has been imposed by a decision of the central office or authority concerned.
(2) If, at the time of his activity abroad, employees pay a salary from a Czechoslovak organisation which is not his employer, he shall notify the organisation of the amount of the salary and other supporting documents needed for sickness insurance and pension insurance to the employer and, where appropriate, another organisation fulfilling the employer's obligations.
(3) The employer responsible under paragraph 1 shall also pay insurance against sickness insurance equivalent to 10% of the earnings established under Paragraph 2.
Experts abroad
(1) In the case of sickness insurance and pension insurance for Czechoslovak state citizens who, in the context of international cooperation, are active abroad, with the agreement of the Czechoslovak authorities, for foreign employers ("experts'), the general rules on sickness insurance and occupational pension insurance apply, unless further provisions in this section of the Decree provide for derogations.
(2) For the purposes of sickness insurance and pension insurance, workers who, while carrying out the activity referred to in paragraph 1, are not considered to be experts but are remunerated by a Czechoslovak organisation in accordance with the principles of pay adjustment for foreign service employees; These workers are insured under Part One.
For the purposes of sickness insurance and pension insurance, his monthly gross wage (salary), which was due to him on average for the last year before he was posted abroad, or before he started preparing for a service abroad, shall be regarded as an expert's earnings.
(1) Admission to unprovided children is due to an expert if the other conditions laid down are otherwise fulfilled only if they are present in the territory of the Czechoslovak Socialist Republic and cannot be declared by another creditor; paid to those who have a child in direct custody in the Czechoslovak Socialist Republic.
(2) Paragraph 3 to 6 applies mutatis mutandis to experts.
(1) The obligations of the employer (s) resulting from the rules on sickness insurance and pension insurance are fulfilled by the current employer in the Czechoslovak Socialist Republic during the period of work of the expert abroad, or by another organisation which has taken over their performance or which has been imposed by a decision of the central office or authority concerned.
(2) The premium amounts to 10% of the earnings determined in accordance with § 9.
Provisions common, transitional and final
The benefits of sickness insurance for employees abroad and for experts are decided by the trade unions responsible for the employees of the organisation which fulfils the obligations of the employer (Sections 7 and 11). The Central Board of Trade Unions may determine, if necessary, which other trade union body and to what extent it will decide on sickness benefits.
(1) In the period from 1 January 1957 to 31 December 1960, for the purposes of pension insurance, the income of an employee abroad shall be considered to be equivalent to the amount, as determined by the competent central office or the authority issued by the agreement with the State Social Security Office, to the functional salary provided for in the applicable regulations for the functions performed abroad by the staff member during that period.
(2) Pensions entitled to foreign staff from 1 January 1957 to 31 December 1960 shall, at the request of the pensioner, be reassessed with effect from 1 January 1961 on the average annual earnings determined from the amounts considered to be earnings at the time referred to in paragraph 1.
(1) Experts who were active for foreign employers during the period from 1 January 1957 until the date of application of this Decree shall be treated as periods of insurance (employment) under this Decree.
(2) The earnings of the experts covered by paragraph 1 shall be determined in accordance with the procedure set out in Section 9, even in the period prior to the date of application of this Decree.
(3) The obligations of the employer (s) resulting from the evaluation of the activity referred to in paragraph 1 shall be fulfilled, in particular the record sheet on the period of employment and earnings shall be presented by the Czechoslovak organisation for which the expert has remained in employment during the course of the activity abroad, or by another organisation which has taken over or takes over those duties. If there is no such organisation, it shall be designated by the competent central authority or authority.
(1) This Decree does not apply
(a) staff - members of the crew of Czechoslovak means of transport and staff whose employment depends on other activities in the Czechoslovak means of transport;
(b) to staff seconded to work abroad to whom reimbursement of expenses under the applicable rules shall be granted for the duration of this mission.
(2) This decree also does not apply to workers who, at the time of their departure from the country, are compulsorily insured under the rules on sickness insurance and pension insurance of writers, music composers, artists, architects, scientific researchers, performers and artists *) or under the rules on sickness and pension insurance of members of single agricultural cooperatives and on pension insurance of individual farmers and other persons self-employed * *) and for whom, even for the duration of their activity abroad, the conditions for the continued duration of their insurance remain.
This Decree shall take effect on 1 January 1961.
The President
Central Trade Union Council:
Zupka v. r.
The President
State Social Security Office:
Erban v. r.
*) Paragraph 15 (3) to (5) of the sickness insurance law.
*) Decree No. 50 / 1960 Coll., on sickness insurance and pension insurance for writers, music composers, artists, architects, scientific researchers, performers and artists.
* *) Vl. nařízení č. 56 / 1956 Coll. on sickness and pension insurance of members of single agricultural cooperatives and on pension insurance of individual farmers and other persons self-employed, as amended by vl. nařízení 20 / 1959 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Central Council of Trade Unions and State Social Security Office No. 184 / 1960 Coll., on sickness insurance and on pension insurance for employees in charge of activities abroad |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.1960 |
|---|---|
| Effective from | 01.01.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0