Decree No. 191 / 1960 Coll.
Decree on the publication of measures by the Central Council of Trade Unions on changes in the organisation and conduct of staff sickness insurance
Valid
Effective from 01.01.1961
191
DECLARATION OF THE PRESIDENT OF GOVERNMENT
of 24 December 1960
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 Article 63 (1) of Act No. 54 / 1956 Coll., on the sickness insurance of employees, the attached measure of the Central Council of Trade Unions of 21 December 1960, on changes in the organisation and implementation of the sickness insurance of employees, issued with the consent of the Government of the Czechoslovak Socialist Republic.
Broad v. r.
MEASURES OF THE CENTRAL COUNCIL OF THE UNION
of 21 December 1960
on changes in the organisation and conduct of staff sickness insurance
With the agreement of the Government of the Czechoslovak Socialist Republic pursuant to § 63 (1) of Act No. 54 / 1956 Coll., on the sickness insurance of employees:
In accordance with the reconstruction of the territorial organisation of the Czechoslovak Socialist Republic and with the reorganisation of the construction and competence of the national committees, the responsibility and responsibility of the authorities of the Revolutionary Trade Union Movement, in particular the regional and regional trade union councils, has been redesigned to bring the management of trade union work as close as possible to the basic organisations of the Revolutionary Trade Union Movement and the races. Therefore, the organisation and implementation of staff sickness insurance is also changing and the basis of its management and administration is transferred to counties.
The measures of the Central Council of Trade Unions of 22 December 1958 on the organisation and implementation of staff sickness insurance, published by Prime Minister Decree No 91 / 1958 Coll., are hereby amended as follows:
1. Paragraph 6 (2) reads as follows:
"(2) The sickness insurance of employees of small-scale establishments (Section 5 (2)) and other citizens whose insurance cannot be carried out in any establishment shall be carried out in the district trade unions; the derogations provided for in Part Six shall apply. ';
2. In Article 7, the following paragraph 5 is added:
"(5) Where the employees of certain establishments are grouped in the local organization of the Revolutionary Trade Union Movement, the local committee and the National Insurance Board of that local organisation, within the limits laid down by the Central Council of Trade Unions Directives, shall perform tasks which otherwise belong to the racing committee and the National Insurance Commission of the establishment. ';
3. Paragraph 8, including the title, reads:
Trade union authorities
Regional, regional (urban) and central trade union committees discuss issues of sickness insurance, health care for workers and social security in terms of the tasks and needs of their trade union; it shall be governed by resolutions and directives of the Central Council of Trade Unions. ';
4.
Regional Trade Union Council
(1) The County Trade Union Council manages, organises and manages sickness insurance in the county and controls its implementation.
(2) In the exercise of its competence on the sickness insurance sector in the district, the Regional Trade Council shall in particular:
(a) ensure that sickness insurance and the management of its resources are properly carried out and manage the activities of trade unions and establishments on this section;
(b) discuss issues relating to workers' health care, social security and other issues related to the implementation of sickness insurance with the District National Committee and the Social Organisations;
(c) ensure a uniform interpretation of the rules in force and uniform practice in the field of sickness insurance in accordance with those rules and with the guidelines of the Central Council of Trade Unions and Regional Trade Union Council;
(d) decide on appeals against decisions of the trade unions in the production of sickness insurance (§ § 35 et seq.),
(e) decide on the issue of the insurance ratio in question (Paragraph 43 (1));
(f) impose a premium on insurance premiums (§ 27);
(g) takes a binding position in cases where the plant has suspended the payment of the levy (Paragraph 16 (2));
(h) carry out sickness insurance for employees of small-scale establishments.
(3) In the case of sickness insurance, the district trade union board shall be responsible for all establishments and small establishments which have their head office within its jurisdiction.
(4) In the districts of the capital city of Prague the competence of the district trade union council belongs to the regional trade union councils. However, the district trade unions do not carry out sickness insurance for employees of small establishments (Sections 10 (4) and 49); otherwise, they shall be subject to the provisions on district trade unions.
(5) In order to carry out the tasks referred to in the previous paragraphs, the district (district) trade union board shall set up the district (district) administration of sickness insurance.
(6) The district trade union council of the regional trade union and the district trade union council of the Prague Trade Union Council shall be responsible for the performance of its tasks in the sickness insurance sector. '
5.
Regional Trade Union Council
(1) The Regional Trade Union Council manages, organises and manages sickness insurance in the region and controls its implementation.
(2) In the exercise of its duties on the sickness insurance sector in the region, the Regional Trade Council shall in particular:
(a) ensure that sickness insurance is properly carried out and manages and controls the activities of the regional trade unions and regional trade union committees on this section;
(b) discuss matters relating to workers' health care, social security and other issues related to the implementation of sickness insurance with the Regional National Committee and the regional authorities;
(c) ensure a uniform interpretation of the rules in force and uniform practice in the field of sickness insurance in accordance with those rules and with the guidelines of the Central Council of Trade Unions;
(d) decide on appeals against decisions of the district trade unions in batch and other matters of sickness insurance;
(e) keeps a register of establishments (§ 13);
(f) collects, regulates and enforce insurance premiums and periodic penalty payments, and collects and enforce premium payments;
(g) managing, controlling and enforcing the management of sickness insurance, by virtue of the deficiencies identified, of establishments and small establishments for the payment of the amount by which they have been reduced;
(h) identify and recover any damage caused to the performance of sickness insurance;
(i) keep records of sickness insurance and draw up the required accounts;
(j) prepare and monitor the implementation of the sickness insurance budget.
(3) In the case of sickness insurance, the Regional Trade Union Council shall be responsible for all establishments and small establishments which have their head office within its jurisdiction.
(4) On the territory of the capital city of Prague, the regional trade union council is responsible for the Prague trade union council. In addition, the Prague Trade Union Council carries out sickness insurance for employees of small establishments located in the territory of the capital of Prague; In doing so, it also carries out tasks that otherwise fall within this insurance to the Regional Trade Council (§ 49). Where the provisions on sickness insurance refer to the Regional Trade Union Council, the Prague Trade Union Council is also understood.
(5) In order to carry out the tasks referred to in the previous paragraphs, the Regional Health Insurance Administration (Prague Health Insurance Board) shall be established in the Regional Trade Council.
(6) The Regional Trade Union Council shall be responsible for carrying out its tasks in the sickness insurance sector under the responsibility of the Central Council of Trade Unions. '
6. The heading in Section 12 reads: "Tasks and responsibilities of the plant and its superior bodies."
7. In Section 12, the following paragraph 7 is added:
"(7) The central authorities and the authorities, the national committees in respect of the establishments managed by them, and the other authorities in charge of the establishments, ensure that the establishments properly perform the tasks assigned to them in carrying out the sickness insurance and remedy the defects identified. They shall, after consultation with the competent authority of the Revolutionary Trade Union Movement, issue the necessary guidelines for subordinate organisations and ensure that economic workers' qualifications in matters of sickness insurance are continuously increased. '
8. Article 16 (2) reads as follows:
"(2) The head of the plant, or, where appropriate, the worker authorised to represent him, shall suspend the payment of the levy, if it has been granted in contravention of the provisions in force or at an incorrect level, and shall refer the matter to the racing committee for a decision. If the racing committee does not accept the position of the management of the plant, the plant shall refer the matter to the district trade union board for consideration. Its position is binding on both the race and the trade union in the race. '
9. Paragraph 27, including the title, reads:
Reinsurance premium
(1) If the establishment does not comply with the health regulations of the establishment under the final decision of the labour inspection body or the technical supervision body or under the final decision of the public health authority, the district trade union board may impose a premium on the insurance.
(2) The premium is imposed up to 50% of the premium rate. It shall be valid from the first day of the calendar month following the month in which the decision on deficiencies occurred at the establishment. Where a time limit has been set to remedy deficiencies, the premium shall apply from the first day of the calendar month following the month in which the deadline was passed without result. The obligation to pay the premium shall expire on the last day of the calendar month in which the deficiencies in the establishment have been remedied; the removal proves the plant by confirming the authority which decided on the deficiencies.
(3) The premium imposed shall be reported and paid regularly for each calendar month together with the insurance premiums to the relevant Regional Trade Union Council.
(4) The provisions on insurance premiums shall apply mutatis mutandis to the premium. '
10.
"(1) If the National Insurance Board or the National Insurance Working Committee decide, it shall submit an appeal to the Race Committee. The race committee can grant the appeal itself. If they do not comply fully with it within 15 days, they shall be submitted without delay to the Regional Trade Union Council.
(2) If a direct decision has been taken by the race committee, it shall submit an appeal if it does not comply with it in full within 15 days, without delay, to the relevant district trade union board.
(3) The County Trade Union Council will discuss and decide on the appeal. "
11.
"A further appeal to the Regional Trade Council may be lodged against the decision of the Regional Trade Council within 15 days of its receipt. The decision of the regional union council is final."
12.
Decision-making of the Regional and Regional Trade Union Council
(1) The formation, duration or termination of insurance (insurance relationship), the nature of the insurance relationship and other issues of the insurance relationship are decided by the Regional Trade Council in the cases at issue. The county union board also imposes a premium on insurance.
(2) Decisions of the Regional Trade Council in the matters referred to in paragraph 1 may be brought against the decision of the Regional Trade Council within 15 days of the date of receipt of the appeal. The appeal shall be submitted by the district trade union to the decision of the regional trade union council.
(3) The Regional Trade Council shall decide:
(a) insurance premiums and periodic penalty payments;
(b) appeals against decisions of the Regional Trade Council in matters referred to in paragraph 1.
(4) The decision on the matters referred to in the preceding paragraphs shall be given in writing. It shall include the designation of the authority which issued them, the operative part of the decision, its brief justification, the date of issue and the notice of appeal.
(5) The decisions referred to in the preceding paragraphs shall be delivered to the citizens and organisations directly concerned. The decision in respect of the insurance relationship shall always be delivered to both the citizen whose ratio is concerned and the establishment for which he is or was active, or where his insurance should be carried out. The decision on the premium shall also be notified to the authority which decided on the deficiencies for which the premium is imposed. '
13.
Corrective proceedings before courts
An appeal may be brought before the court against a decision of the Regional Trade Council in cases other than batch cases. The provisions of the Civil Code on sickness and pension insurance (insurance) shall apply to jurisdiction and proceedings. '
14.
Validity
The provisions of this measure with the derogations provided for in this Part shall apply to the implementation of sickness insurance for employees of small establishments. However, the provisions of § 12 (1) to (4), § 13 and § 15 to 17 do not apply to them. '
15.
Regional Trade Union Council
In carrying out the sickness insurance of employees of small establishments, the district trade union board shall, in addition to the tasks referred to in Section 9, carry out, mutatis mutandis, the tasks which the trade unions otherwise have in carrying out insurance, as well as the tasks which they have in the establishment. The Prague Trade Union Council also performs these tasks on the territory of the capital city of Prague. "
16. Paragraph 50, including the title, reads:
Insurance notes
(1) A small race does not submit applications, cancellations and reports of changes to the race register.
(2) The small race is required to register with the Regional Trade Council on the prescribed form of the staff member's insurance within 7 days of the date of entry into employment and to state on the application, if the agreement of the District National Committee is required for the establishment of an employment relationship, the details of this consent. He shall also be required to sign off to the Regional Trade Council of a staff member with whom he has been untied or who has been transferred to another plant (small plant) within 7 days of the date of the termination of the contract or transfer. A small race on the territory of the capital city of Prague gives these reports to the Prague Trade Union Council.
(3) If a small plant of an employee does not or does not register within the time limit laid down in the preceding paragraph, the district trade union council (Prague trade union council) may impose a penalty on the small plant of between 10 and 1000 CZK. A small race is required to take away the regional trade union council (Prague trade union council). "
17.
Proceedings concerning sickness insurance for employees of small-scale establishments
The provisions of Part Five shall apply mutatis mutandis to proceedings relating to sickness insurance for employees of small-scale establishments. The following derogations apply to batch management:
1. The entitlement to benefits is applied to the district trade union council (county sickness insurance administration), to the territory of the capital city of Prague at the Prague trade union council (Prague sickness insurance administration).
2. In batch cases, the batch commission set up by the Regional Trade Union Council (Prague Trade Union Council) is decided in accordance with the guidelines of the Central Council of Trade Unions.
3. The appeal against the decision of the batch commission of the district trade union council shall be decided by the district trade union council; an appeal may be lodged against its decision to the Regional Trade Council, whose decision is final.
4. An appeal against the decision of the Prague Trade Union Council is decided by the Prague Trade Union Council; her decision is final. '
18.
"The provisions of this Part shall apply mutatis mutandis to the implementation of sickness insurance for citizens who are not subject to the jurisdiction of a trade union body in any establishment or to the jurisdiction of the district trade union council (Prague Trade Council) according to the headquarters of a small establishment. The regional trade union council, in whose district such a citizen resides, is responsible; If they are resident in the territory of the capital city of Prague, the Prague Trade Union Council is responsible. '
Transitional provisions
(1) The provisions of this measure on the remedy for sickness insurance (§ § 39 to 42) apply also to the appeal proceedings against decisions of the trade unions in batch matters, issued before 1 January 1961, which were not decided on by that date. However, if an appeal against the decision of the trade union body has already been brought before 1 January 1961 to the Regional Committee of the Trade Union, the latter shall decide on it.
(2) Decisions and adjustments made before 1 January 1961 in accordance with the provisions of this measure shall be deemed to have been made under this measure. '
Efficacy
This measure shall take effect on 1 January 1961.
Chairman of the Central Council of Trade Unions:
Zupka v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 191 / 1960 Coll., which publishes measures of the Central Council of Trade Unions on changes in the organisation and conduct of staff sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1960 |
|---|---|
| Effective from | 01.01.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0