What is Act No. 189 / 2006 Coll.?

Act No. 189 / 2006 Coll., amending certain laws in connection with the adoption of the sickness insurance law — Law amending certain laws in connection with the adoption of the sickness insurance law.

When it became Act No. 189 / 2006 Coll. effectiveness?

Act No. 189 / 2006 Coll. became effective 01.01.2009.

Is Act No. 189 / 2006 Coll. still valid?

Yes, Act No. 189 / 2006 Coll. is still valid and effective.

Act No. 189 / 2006 Coll.

Law amending certain laws in connection with the adoption of the sickness insurance law

Valid Effective from 01.01.2009

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189

THE LAW

of 14 March 2006

amending certain laws in connection with the adoption of the sickness insurance law

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Civil Code

Čl. I

Act No. 1 / 2004, Act No. 1 / 2004, Act No. 2 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2001, Act No. 99, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 99, Act No. 99, Act No. 5, Act No. 5 / 2001, Act No. 96, Act No. 96, Act No. 96, Act No. 99, Act No. 5, Act No. 96, Act No. 96, Act No. 5 / 2004, Act No. 96, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, No.

1. in Paragraph 9 (2) (d):

"(d) in disputes concerning the settlement of the excess payment per sickness benefit paid unjustly or at a higher rate and in disputes concerning the mutual settlement of the regression compensation paid as a result of entitlement to the sickness benefit;"

ČÁST DRUHÁ

Amendment of the Labour Code

ČÁST ČTVRTÁ

Amendment of the Act on the Establishment of Ministries and other Central Authorities of the Czech Republic

Čl. V

In Article 9 of Act No. 2 / 1969 Coll., on the establishment of ministries and other central authorities of the Czech Government, as amended by Act No. 474 / 1992 Coll., Act No. 47 / 1994 Coll. and Act No. 587 / 2004 Coll., the words "sickness insurance 'are deleted.

ČÁST PÁTÁ

Amendment of the Loyalty Admission Act

Čl. VI

In Article 9 (3) of Act No. 62 / 1983 Coll., on the loyalty allowance of miners, the words "aid for the care of a family member 'are replaced by the words" nursing allowance'.

ČÁST SEDMÁ

Amendment of the Act amending and supplementing Act No. 100 / 1988 Coll., on Social Security, and Act No. 54 / 1956 Coll., on Staff Disability Insurance

Čl. VIII

In Act No. 110 / 1990 Coll., amending and supplementing Act No. 100 / 1988 Coll., on Social Security, and Act No. 54 / 1956 Coll., on Disability Insurance of Employees, as amended by Act No. 180 / 1990 Coll., Articles II and III are deleted.

ČÁST OSMÁ

Amendment of the Act on amendments to the Regulations on sickness and social security and maternity allowance and certain other provisions

Čl. IX

In Act No. 180 / 1990 Coll., amending the Regulations on sickness and social security and maternity allowance and certain other provisions, Articles I to IV and Articles VI to X are deleted.

ČÁST DEVÁTÁ

Amendment to collective bargaining law

Čl. X

Act No. 2 / 1991 Coll., on collective bargaining, as amended by Act No. 519 / 1991 Coll., Act No. 118 / 1995 Coll., Act No. 155 / 1995 Coll., Act No. 220 / 2000 Coll., Act No. 151 / 2002 Coll., found by the Constitutional Court under No. 199 / 2003 Coll. and Act No. 255 / 2005 Coll., is amended as follows:

1. The heading of Section 24 reads: "Entitlements from social security."

2. Paragraph 24 (1) and (2) are deleted and paragraph 4 is deleted.

ČÁST DESÁTÁ

Amendment to the Social Security Act

Čl. XI

In Act No. 306 / 1991 Coll., on Changes in Social Security, Articles II and V are deleted.

ČÁST JEDENÁCTÁ

Amendment of the Law on judicial fees

Čl. XII

In Article 11 (1) (b) of Act No. 549 / 1991 Coll., on judicial fees, as amended by Act No. 151 / 2002 Coll., the word "(care) 'is deleted.

ČÁST DVANÁCTÁ

Amendment of the Act on the organisation and implementation of social security

Čl. XIII

Act No. 582 / 1991 Coll., as amended by Act No. 590 / 1992 Coll., Act No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 238 / 2000 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 155 / 1999 Coll., Act No. 164 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 238 / 2000 Coll.

1. In Section 1, the word "organisation 'is replaced by" employers' and the words "sickness insurance 'are deleted.

2. In Article 2, point (a), including footnote 1, is deleted, while the colon and the designation of point (b) are deleted.

3. In Paragraph 3 (1), the words "and the organisation 'are deleted.

4. In Article 4 (2), the words "except for a decision pursuant to § 6 (4) (a) (6) and § 8a (4) and for the purposes of the administrative appeal procedure, where the contested decision has been given for a period of grace, interruption or exemption from civil service for health reasons under the Specific Regulations (46) 'and footnote 46 are deleted.

5. in Article 5 (a) (3), "organisation" is replaced by "employer."

6. In Article 5 (a), the following point 6 is added:

"6. on transfers of pension rights under Section 105a of the Pension Insurance Act and provides for such transfers, '.

7. in Article 5 (f):

"(f) ensure that the tasks arising out of the law of the European Communities and those arising out of international pension insurance contracts are carried out, ';

8. In Article 5 (h), the words "sick and 'are deleted.

10. footnote 8 is deleted, including the footnote reference.

11. in Article 6 (4) (a) (1), the words "sickness insurance and" shall be deleted;

12. in Article 6 (4) (a), points 2, 5, 6, 8, 18 and 20 are deleted;

13. in Paragraph 6 (4) (a) (3), the word "organisation" shall be replaced by "his employer."

14. in Article 6 (4) (a) (7), the words "and on the establishment of a lien in the case of a social security claim and a contribution to state employment policy and periodic penalty payments," shall be added at the end of Article 6 (4) (7);

16. in Article 6 (4) (j):

"(j) provide and submit, at the request of the Czech Social Security Administration, supporting documents for the decision on pension benefits and for the recovery of the amounts wrongly paid of pension benefits,"

17. in Article 6 (4) (l), the word "organisations" is replaced by the word "employers."

18. in Paragraph 6 (4) (o):

"(o) check the fulfilment of the obligations of citizens and employers in social security and the obligations of social security payers and the contribution to the state employment policy;"

19. In Article 6 (4) (q), the words "and in view of the efficient use of social security funds, the medical documents for deciding on the entitlement and the amount of sickness insurance benefits (§ 8a) and respect for the treatment regime of incapacitated workers (§ 8b)" are also checked.

20. in Article 6 (4), the words "and recover claims on social security premiums and contributions to national employment policy shall be added at the end of the text (r); they are entitled to exercise administrative enforcement of the decision '.

21. in Article 6 (4) (s):

"(s) inform the treating doctor in writing that a citizen who is temporarily unable to work has been recognised in full or in part as an invalid following legal proceedings for an action;"

22. in Article 6 (4) (u), the words "sickness insurance and" shall be deleted and the words "organisations which" shall be replaced by "employers who."

23. in Paragraph 6 (4), the letter (z) inserted by Law No 501 / 2004 Coll. is deleted.

24. in Article 7 (a), the words "the deceased organisation in the cases referred to in Article 6 (4) (b) and the registered office of the pension institution" shall be replaced by "the deceased employer."

25. in Article 7 (b) and (c), including footnote 9a, the following shall be added:

"(b) the place of residence of the citizen or the place of residence declared (9a) in the Czech Republic, if it is a stranger, in the cases referred to in § 6 (4) (ch), (i), (k), (o), (r) and (v) and § 82 (1),

(c) the employer's seat in the cases referred to in Article 6 (4) (o), (r) and (u), unless it is possible to determine the local jurisdiction referred to in (d); where the employer is a natural person, the local jurisdiction of the district social security administration shall be governed by the place of permanent residence of the natural person, or where he is a foreigner, the place of registered residence 9a) in the Czech Republic, and if the natural person is not resident or resident in the Czech Republic and his place of permanent residence is abroad, the place of business in the Czech Republic, or if the employer is a natural person who does not have a permanent or registered residence in the Czech Republic and does not engage in business in the Czech Republic, but employs employees for his or her purposes, the local jurisdiction of the district social security administration shall be governed by the place of employment of such employees in the cases referred to in § 6 (4) (r) and (u);

9a) § 93 of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended. "

26. in Article 7 (d), the word "organisation" shall be replaced by "employer" and the words "point (m)," shall be replaced by "point (a) (3),"

27. in Article 7, point (e) is deleted;

Points (f) to (h) shall be renumbered as points (e) to (g).

28. in Article 7 (e), the words "(g) No 1, (ch), (o) No 1, (o)" shall be replaced by the words "(ch), (o)," and the words "Czech Republic" shall be inserted after the words "if appropriate, if it is a foreigner, the place of registered residence in the Czech Republic 9a)."

29. In Section 8 of the introductory part of the provisions of paragraph 1, the words "their doctors' shall be deleted.

31. in Article 8 (2) (a), the word "doctor" shall be deleted;

32. in Paragraph 8 (3):

"(3) Only a doctor may perform the tasks of the district social security administrations referred to in paragraphs 1 and 2."

33. in the second sentence of Article 8 (7), the words "or pursuant to Article 94" shall be deleted.

Article 34 (8a) and (8b) are deleted.

35. in Paragraph 10 (2), "her" is replaced by "him."

36. In Article 11 (1), the word "organisation 'is replaced by" employers', the word "organisation 'is replaced by the word" employers' and the word "obligation 'is replaced by the word" mandatory'.

37. in Article 11 (2), the words "and the names of citizens born before 1 January 1969" shall be deleted.

38. In Article 11, at the end of the text of paragraph 2, the sentence "Obligations according to the first sentence shall be fulfilled by these authorities by sending a copy of the death certificate."

57. In Paragraph 13 (1), the word "organisation" is replaced by the word "employers" and the word "obliged" is replaced by the word "compulsory."

58. In Paragraph 13 (2), the word "organisation 'is replaced by the word" employers' and the word "obliged 'is replaced by the word" compulsory'.

59. In Article 13, at the end of paragraph 2, the sentence "Social security authorities may also check, under the first sentence's authorisation, the accuracy of the determination of compensation for wages and other income provided for the first 14 calendar days of temporary incapacity or quarantine by the employer in order to determine the correct amount of social security premiums and the contribution to national employment policy. '

60. In Paragraph 14 (2) of the first sentence before the semicolon, the words ", organisations or small organisations' are replaced by the words" or employers'.

61. In Paragraph 14 (2) of the first sentence after the semicolon, the words ", organisation or small organisation 'are replaced by the words" or employer'.

62. In Paragraph 14 (3) (c), the words "organisations and small organisations" are replaced by "employers."

(63) In Paragraph 14 (3) (d), the comma after the word "active" is replaced by "and" and the list of employers employing more than 25 employees "is deleted.

65.In Article 14 (3) (i) and (j), the words' sick and 'shall be deleted.

66. Paragraph 14 (3) (k), including footnote 50c, reads:

"(k) to the customs administration of the Czech Republic, information on the type and amount of pension insurance benefits paid by them, including the date of their return and the date of their payment from that date, to the extent necessary for the purpose of providing the service allowance under the Special Act 50c),

50c) Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps, as amended. '

footnote 50c is renumbered footnote 50d, including the footnote references.

67. In the first sentence of Paragraph 15, the words "to organisations' are replaced by the words" to the workplace of employers'.

68. In the second sentence of Paragraph 15, "Organisations are obliged 'is replaced by" Employers are obliged'.

69. In the first sentence of Article 16 (1), the words "and for checking the assessment of temporary incapacity for work 'are deleted.

70. in Article 16c (2) of the introductory part of the provision, the words "sickness insurance and" shall be deleted;

71. in Article 16c (2), the words "and the date of death of the insured person" shall be added at the end of the text in point (c).

72.In Article 16c (2), point (g) is deleted.

Points (h) to (p) shall be renumbered as points (g) to (o).

73.In Paragraph 16c (2), the words "where appropriate, the contact address of the insured person, if different from the address of the place of permanent residence and notified the insured person," shall be added at the end of the text in point (g).

74.In Article 16c (2) (h) and (i), the words "on sickness insurance and 'shall be deleted.

75. in Article 16c (2), the words "and an indication of whether there is compulsory or voluntary participation" shall be added at the end of point (h).

76. in Article 16c (2) (j), the words "(organisations and small organisations)" shall be deleted;

77.In Article 16c (2) (k), 'individual' is replaced by 'identification or individual'.

78.In Article 16c (2), at the end of point (o), the dot is replaced by a comma and the following points (p) to (u) are added:

"(p) the date of entry and termination of employment,

(q) pension insurance period,

(r) assessment bases for pension insurance premiums for each calendar year;

(s) the periods to be excluded when establishing the personal assessment basis;

(t) periods of pension insurance (including replacement periods) communicated by the foreign carrier;

(u) the name, surname, birth number and address of the place of permanent residence of the legal representative or special consignee. ';

79.In Article 16c, the following paragraph 3 is added:

"(3) The information obtained by social security authorities on insured persons and their employers also serves the sickness insurance authorities."

80. In the heading of Part Three, the word "ORGANISATION 'is replaced by" EMPLOYERS'.

81. In Part Three, Title 1, including the title and footnotes 54 and 3b, is deleted.

82. In the heading of Title II of Part Three, "organisation 'is replaced by" employers'.

83. In Sections 35a and 36, the word "organisation 'is replaced by" employers'.

84. in Paragraph 35a (1), the word "Organisation" is replaced by the word "Employer."

85. In Paragraph 35a (1), the sentence "Organisational entities of the State in which natural persons in employment or active in employment are classified as employers by virtue of an agreement on employment, the official offices in which civil servants under the Staff Code 3a are included in the performance of the public service, prison and detention prisons (" prisons ") in which the sentenced person is sentenced to imprisonment and the relevant departments, components or other organisational parts of the Security Corps or armed forces of the Czech Republic, which pay the members of the Security Corps or the professional staff's salary (" service ")."

86. in Article 35a (2), the words "organisations are obliged" shall be replaced by the words "employers are obliged."

87.In Article 35a (3), the words "the organisation shall" shall be replaced by the words "the employers shall."

88. Paragraph 35a (4), including footnotes 71a and 71b, reads as follows:

"(4) Employers are obliged to hide

(a) copies of the registers (first sentence of Paragraph 38 (5)) drawn up in the calendar year to which they relate or in the immediately following calendar year for a period of 3 calendar years after the year to which they relate and copies of the other registers for a period of 3 calendar years after the year in which they were drawn up;

(b) records of the facts kept in the register referred to in Article 37 (1) (h) for the 6 calendar years following the month covered by the alert, but each for the 3 calendar years following the month in which the premiums due for that month were paid,

(c) records of the facts kept in the register referred to in Article 37 (1) as regards the beneficiaries of an old-age, full-time invalidity or partial invalidity pension for a period of 10 calendar years after the year to which they relate;

(d) the wage certificates (71a) or the accounting records of the data needed for the purposes of pension insurance, including those referred to in Paragraph 37 (2), for a period of 30 calendar years following the year to which they relate and, if the wage certificates or accounting records of the data needed for the purposes of pension insurance for old-age pensioners, for a period of 10 calendar years following the year to which they relate;

unless a specific law provides for a longer retention period for records having the character of accounting records; evidence of the nature, origin and termination of the employment relationship, records of accidents at work and occupational diseases and records of the employment record (71b), including periods of leave without compensation of income, shall always be considered as records of such facts.

71a) § 38j of Act No. 586 / 1992 Coll., on Income Tax, as amended.

71b) § 94 of the Labour Code. '

89. In Paragraph 35a, the following paragraph 5 is added:

"(5) If the employer ceases to exist without a legal successor before the expiry of the periods referred to in paragraph 4, he shall ensure that the records and other documents are kept by the expiry of those periods and shall notify the district social security authorities in writing where those records and documents are kept. Where records and other documents are stored in archives, the archives shall be required to forward those records and documents, free of charge, at the request of the district social security administration for the purposes of carrying out pension insurance, for the necessary period of time; the archives shall have the right to cover the costs of transport or dispatch. ';

90.In Paragraph 36 (c):

"(c) members of cooperatives of the cooperative of which they are members;"

91.In Paragraph 36 (h):

"(h) the members of the representatives of the local authorities and the representatives of the urban areas or of the urban districts of the territorial subdivisions of the statutory cities and of the capital of Prague, who are long-term vacant for the performance of their duties or who, before being elected to the office of the representative, have not been engaged in an employment relationship, but are performing functions to the same extent as the members of the representative, the department which deals with the employment affairs of the employees of those local authorities,";

92.In Paragraph 36 (n):

"(n) persons in the execution of a prison sentence,"

93.In Paragraph 36 (q):

"(q) persons appointed or elected under a special law as Head of Administration or as a statutory body of a legal person established by a special law or, where applicable, as a representative of that management or statutory authority, and persons who, under a special law, perform public functions outside the employment or employment relationship where their employment relationship is covered, to the extent specified, by the Labour Code [§ 5 (1) (d) of the Pension Insurance Act], that administrative office or that legal person or person who has the status of employer for persons exercising public office functions;"

94. In Paragraph 36 (r), the word "organisation" is replaced by "employer."

95.In Paragraph 36 (s), the words "(care)" and "(care)" shall be deleted and the word "organisation" shall be replaced by "services."

96. The following Sections 36a and 36b are inserted after Section 36, including the headings:

„§ 36a

The performance of employers' tasks in certain cases

(1) Contract employers perform the same obligations for contract employees participating in Czech pension insurance for pension insurance purposes as other employers for other employees participating in Czech pension insurance. For the purposes of this Act, a contract employer means a legal or natural person who has his registered office or residence in the Czech Republic and whose registered office or residence is in the Czech Republic, whose registered office or residence is in the territory of a country with which the Czech Republic has not concluded an international social security contract, considered to be a contract employee in the Czech Republic, provided that, under a contract concluded with that employer, the income of contract staff is paid by the contract employer or is paid by the contract employer to that employer. For the purposes of this Act, contract staff shall mean an employer's employee whose registered office is in the territory of a country with which the Czech Republic has not concluded an international social security contract, if active in the Czech Republic with a contract employer.

(2) The employer of employees who are resident on the territory of the Czech Republic who are engaged in permanent employment abroad and are obliged to participate in pension insurance according to the rules of the State in which they are employed on a permanent basis is obliged to keep in his records the information referred to in § 37 (1) (a) and (b) of this compulsory participation in pension insurance abroad.

§ 36b

Notification obligation

The employer who employs the persons referred to in § 5 (1) (w) and (x) of the Pension Insurance Act shall, on the prescribed form, notify the district social security administration of the date of commencement of their work (activity) within 8 days and the date of termination of their work (activity) within 8 days. The employer shall notify the district social security authorities in writing of the change to the information given in the first sentence within 8 days of the date on which the change occurred. The employer may agree in writing with the district social security administration another deadline for the fulfilment of the notification obligations referred to in the first and second sentences; the agreement may be terminated in writing by the employer and the district social security administration, ending on the first day of the calendar month following the month in which it was terminated. ';

97. In Paragraph 37 (1) of the introductory part of the provision and in point (a), the word "organisation" is replaced by "employer."

98.In Paragraph 37 (1) (a), the words "State and 'are deleted.

99. In Paragraph 37 (1) (c), "organisation" is replaced by "employer."

10. in Article 37 (1) (e) and (f):

"(e) the period of temporary incapacity for work and quarantine for which compensation for wages or reduced salary (reduced remuneration) has been paid during the first 14 calendar days of such incapacity and quarantine,

(f) the period of leave without compensation for income and the absence at work without notice, ';

101. In Paragraph 37 (1), the words "if or if the beneficiary of an old-age pension is an old-age pension on the basis of a gainful activity outside the territory of the Czech Republic 'shall be added at the end of the text in point (g).

102. In Paragraph 37 (1), the dot at the end of point (h) is replaced by a comma and the following points (i) and (j) are added:

"(i) if the employee or contract employee is not subject to insurance under the Pension Insurance Act, the details of his insurance abroad;

(j) periods of military active duty, if not professional soldiers. ';

103. In Paragraph 37 (2) of the Introductory Part of the provision, the word "Organisation 'is replaced by the word" Employer'.

104. In Paragraph 37 (4), "(a), (b) or (f), as the case may be 'is replaced by" (a) and (b)'.

105. In the third sentence of Article 37 (5), the words "if it is one of the social security authorities referred to in Article 9 (1) 'shall be inserted after the words" the pension payers'.

106. In Paragraph 37, the following paragraph 7 is inserted after paragraph 6:

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Regulation Information

Citation	Act No. 189 / 2006 Coll., amending certain laws in connection with the adoption of the sickness insurance law
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	12.05.2006
Effective from	01.01.2009
Effective until	-
Status	Valid

The regulation text is for informational purposes only.