Decree of the State Social Security Office No. 20 / 1960 Coll.
Ordonnance for the care of persons with altered working capacity
Valid
Effective from 01.04.1960
20
DECLARATION
State Social Security Office
of 8 March 1960
care for persons with altered working capacity
In agreement with the participating central authorities and the Central Council of Trade Unions pursuant to § § 66, 69 and 74 of Act No. 55 / 1956 Coll., on Social Security, as amended by Act No. 41 / 1958 Coll.:
Preliminary provisions
The purpose of the State's care for people with altered working capacity is to help these people improve their physical conditions and to develop cultural life and create conditions so that they can participate equally with other workers in the building work of our people.
(1) The labour, health and social security departments of the Councils of the Regional National Committees (hereinafter referred to as the "ONV Councils"), or, as the case may be, labour and social security departments of the Councils of the Regional National Committees (hereinafter referred to as the "KNV Councils"), shall ensure, in cooperation with the establishments and social organisations, that the right to work is ensured for persons with altered working capacity, in particular by:
(a) assist them in the choice of professions which they could carry out in the light of their health and professional qualifications and inform them of the available suitable working (teaching) places;
(b) seek suitable working (teaching) places for them in the races and recommend to the competitions their recruitment;
(c) enable them to obtain professional qualifications for the pursuit of employment by means of training for the profession in which they could successfully be employed;
(d) monitor whether their working activities or their preparation for the profession are satisfactory and help to remove obstacles preventing such persons from adapting to working conditions;
(e) provide them with protection in untying the working (teaching) conditions to the extent specified by this decree;
(f) provide them and their family members, as decided by the social security committees, with physical security during the period before and during the preparation for the profession to the extent specified by this decree.
(2) Social security authorities cooperate with the authorities of the Revolutionary Trade Union Movement in establishments, cities, counties and regions in carrying out the care of persons with altered working capacity in order to ensure consistency between the needs of persons with altered working capacity and those of the national economy.
The concept of a person with a changed working capacity
(1) Persons with altered working capacity are those who have a substantially limited choice of employment for permanent injury.
(2) Congenital or acquired physical, sensory or mental defects or illnesses which, according to medical science, can be expected to last for more than a year shall be considered as permanent damage.
(3) A substantially limited choice of employment is provided by a person who, due to his or her health condition,
(a) may only engage in employment after special training for the profession; or
(b) may carry out existing or other reasonable employment only under specially facilitated working conditions; or
(c) it is unable to carry out the current employment, but only other reasonable less qualified; or
(d) may carry out only such a job which places very low demands on its organism.
(4) A young person who has reached the age in which compulsory education is completed has a substantially limited choice of employment if, for a serious medical condition, he may:
(a) prepare for the profession only in a special establishment of government; or
(b) prepare or obtain vocational training only for a narrow range of qualified professions; or
(c) carry out only such a job which places very low demands on its organism.
(5) A substantially limited choice of employment is also available to a person who, due to his or her health condition, has significantly impaired general living conditions.
(6) The department of the ONV Board shall decide whether the person concerned is a changed working capacity under the provisions of paragraphs 1 to 5 on the basis of an expert opinion of the Social Security Assessment Board.
(1) Persons under 65 years of age who receive
(a) a partial invalidity pension or a partial invalidity pension for an accident at work;
(b) an accident pension granted under the pension scheme in force until 31 December 1956 for a loss of working capacity of at least 50%;
(c) provision benefits for disabled persons under Act No. 164 / 1946 Coll., for care of military and war damages and victims of war and fascist persecution, for loss of earning capacity of at least 45%;
(d) a pension for the service of years of artists.
(2) Persons under 65 who receive
(a) an invalidity pension or an invalidity pension in respect of an accident at work;
(b) on grounds of invalidity, the widow's or the wife's pension;
(c) a social pension;
they are considered to be persons with altered working capacity if, without a serious threat to their health, they can continue to engage in a gainful occupation. Paragraph 3 (6) also applies here.
Selection of jobs for persons with changed job skills
(1) The ONV Council will identify in the races, with the participation of representatives of the race management, the basic organisation of the Revolutionary Trade Union Movement and the medical (workshop), in which posts and under what conditions persons with altered working capacity may be employed. The competent district doctor or, where appropriate, the doctor designated by the Director of the District Institute of National Health shall take part in the competitions for which a health facility is not set up.
(2) Representatives of the management of the plant and of the plant (workshop), or other doctors of the state health administration, are obliged to provide active assistance to the ONV Board for the selection of jobs.
(3) With the results of the selection of posts carried out, the ONV Council Department shall inform within three days the relevant establishment and the relevant basic organisation of the Revolutionary Trade Union Movement.
Provision of work (teaching) places for persons with altered working capacity
(1) Jobs for persons with altered working capacity are provided annually by the establishment plans for those persons.
(2) The employment plans for persons with altered working capacity shall be laid down in accordance with Act No. 70 / 1958 Coll., on the tasks of undertakings and national committees in the labour management sector, and the regulations issued pursuant to it, including for establishments not otherwise covered by that Act; However, these plans shall not be provided for the central authorities.
(3) The approved establishment plans for persons with altered working capacity are binding on the plants and are considered to be non-compliance with the State Economic Plan. The implementation of the establishment plans for persons with altered working capacity shall include those filled by newly recruited persons with altered working capacity, if they remain on them. Young people with altered skills who have been accepted under the scheme for the placement of a puppy in teaching and jobs are not included in the implementation of the establishment plans for persons with altered skills.
The ONV Council department shall reserve in the schedules of the establishment plan an adequate number of teaching (employment) jobs needed for young people with altered working capacity. The competitions may not recruit healthy animals in places so reserved.
the employment and protection of persons with altered working capacity; Obligations of establishments
(1) The ONV Council shall assist persons with altered working capacity who wish to apply for employment by seeking suitable working (teaching) posts for them and recommending the admission of such persons to employment or to members of production or single agricultural cooperatives. In doing so, the ONV Board is based on a proposal from the Social Security Assessment Board on the appropriate working capacity of a person with altered working capacity, taking into account his or her health status, qualifications and career preparation options.
(2) Referring to employment in production or in single agricultural cooperatives may be recommended only if this is in accordance with the statutes of the cooperative. The application for admission to work as a member of a production or single agricultural cooperative shall be decided by the competent authority of the cooperative at its next meeting.
The plants are obliged to help effectively to enable persons with altered working capacity to make the widest and lasting work. In doing so, the races work closely with the authorities of the basic organization of the Revolutionary Trade Union Movement and with the racing (workshop) doctors and are in particular obliged:
(a) comply equally with the approved establishment plan for persons with altered working capacity (Section 6 (3)) and, to that end, reassign healthy workers from posts suitable for persons with altered working capacity;
(b) to accept, in accordance with the recommendations of the ONV Council, exceptions to the conditions of age and prior education laid down for each field of study, to posts reserved for young people with altered working capacity and under the applicable rules;
(c) to receive, within the framework of an approved establishment plan for persons with altered working capacity, their former employees who have left their employment for permanent injury and whose health has been adjusted to such an extent that they are capable of continuing employment;
(d) to establish and modify jobs suitable for persons with altered working capacity;
(e) ensure that job vacancies are made suitable for persons with altered working capacity when recruitment for the most important economic sectors is carried out among the employees of the plant;
(f) release, in particular, those workers to whom the ONV Councils may offer a different job immediately if the workforce of the plant needs to be reduced;
(g) to give priority to the assignment of domestic and occasional work to persons with altered working capacity, in particular those who are unable to regularly work for their health.
(1) The plants are required to maintain and improve working conditions and facilities at the workplace in such a way that persons with altered working capacity can be employed in normal performance and work as easily as possible.
(2) For persons with altered working capacity who are unable to work under normal working conditions and to compete with healthy persons, the plants reserve (set up) according to the recommendations of the ONV Council departments and in accordance with the economic conditions a special workplace (workshops). These sheltered workplaces (sheltered workshops) are intended to provide not only socially useful gainful employment but also to allow for work adaptation and improvement of qualifications or transition to employment under normal working conditions.
(3) The costs associated with the adjustments required under paragraphs 1 and 2 shall be borne by the establishments.
(1) In cooperation with the basic organisations of the Revolutionary Trade Union Movement and in cooperation with the competitive (workshop) practitioners, the competitions in which jobs are suitable for persons with altered skills are required to employ persons with altered skills in accordance with the proposal of the Social Security Assessment Board in a manner consistent with their health status, skills and qualifications.
(2) If the state of health of persons with altered working capacity so requires, the establishments shall be obliged to employ them for reduced working hours, during the daily shift, or for other concessions as recommended by the Social Security Assessment Board.
(3) If the staff member loses the ability to work in an existing post as a result of an accident or illness (Paragraph 3 (2)), the race, after consultation with the staff member and the basic organization of the Revolutionary Trade Union Movement, shall be obliged to reassign him to a post where the type of work required and the working conditions are suitable for him due to his abilities; the need for permanent reassignment to other work or job changes for health reasons is ascertained by the Social Security Assessment Board on the basis of the opinion of the Medical Advisory Board.
(4) The records kept by the establishments concerning their employees must contain details as to whether they are staff members who have been placed in the establishment as a person of altered capacity or who had to be permanently transferred to another post in accordance with the provisions of paragraph 3.
(1) The plant is required to report within three days at the latest the vacancies of the ONV Council, which have been designated as suitable for persons with altered skills, and the job (teaching) positions which have become vacant by the end of the work (teaching) ratio of the person with altered skills. At the same time, the plant shall state whether it needs a vacancy for one of its staff who has permanently lost the ability to perform the current job as a result of an accident or illness.
(2) If the plant does not need a vacancy for one of its employees, which must be transferred to another work for health reasons, it may not fill it without the express consent of the ONV Council, even if such consent is not required under other regulations. *)
(1) A race in which there is a vacancy in a job (teaching position) may refuse to negotiate an employment relationship with a person with an altered working capacity, as recommended by the ONV Council section, only if:
(a) the worker is not physically or mentally fit for the work for which he is to be recruited; such incapacity shall be ascertained by the Social Security Assessment Board;
(b) the worker does not have the expertise required by the nature of the job and the plant cannot provide him with training for the profession;
(c) the worker does not meet the other conditions required by the nature of the place of work;
(d) the recruitment of a worker would be contrary to the general rules governing the establishment of a working (teaching) ratio.
(2) The race shall inform the ONV Board of the reasons for which it refused to negotiate the working (teaching) ratio referred to in paragraph 1. If this section does not agree with the reasons for refusal, it shall decide on the obligation of the establishment to hire a worker.
(1) The plant may, with legal effect, untie the employment (teaching) ratio with the employee only after the prior consent of the ONV Board, if the staff member:
(a) has been placed in the plant as a person with altered working capacity; or
(b) during the period of employment in the establishment, has reached the age limit applicable to the retirement pension; or
(c) as a result of an accident or illness, the ability to work required in the post he has held so far has been permanently lost.
In such cases, the agreement of the ONV Council is needed even if, under other regulations *, such consent would not be necessary to unbind the employment (teaching) ratio.
(2) The age limit applicable to the old-age pension [paragraph 1 (b)] means:
(a) for category I workers and women who have entered into employment before the age of 55, reaching that age;
(b) in the case of staff employed before the age of 60, reaching that age;
(c) for other staff, reaching the age of 65.
(1) When deciding on the proposals for consent under Section 14 for the dissolution of the employment (teaching) ratio, the department of the ONV Board shall in particular take into account:
(a) the possibility of removing obstacles to the continued duration of the employment (teaching) ratio of the staff member;
(b) the possibility of reassigning the staff member to another post, possibly after prior training for the profession (§ 18);
(c) how the plant fulfils the establishment plan for persons with altered working capacity and other obligations imposed on it by this decree;
(d) the social circumstances of the staff member;
(e) the possibility of providing suitable and appropriate employment for employees in another establishment.
(2) The ONV Board shall give its assent to the severance of the working (teaching) ratio, unless it is justified at the plant to ask that the staff be employed.
(3) The ONV Board shall also give consent to the termination of employment if, in view of the change in the establishment's workforce plan or the local situation in the labour force, it is appropriate that persons who have been entitled to an old-age pension release of the post they have held so far.
(1) There is no need for the consent of the ONV Council under Paragraph 14,
(a) if the two parties agree to be dismissed,
(b) if the plant cancels the employment relationship prematurely under the applicable rules;
(c) if the plant cancels the contract within a month of an examination or assistance contract;
(d) in the case of unbundled employment with rail transport staff;
(e) when discontinuing employment with the judges and prosecutors covered by Judicial Act No. 67 / 1950 Coll., if the disciplinary court imposes a penalty for dismissal.
(2) Furthermore, the consent of the ONV Council in accordance with Paragraph 14 is not necessary when unbundling employment with employees of other public transport operations and old-age pensioners who were placed as persons with altered capacity before the entry into force of this Decree. If, under other regulations *), consent to the termination of employment is needed, the considerations set out in Section 15 shall not be taken into account when deciding on it.
Preparation of persons with reduced professional capacity
(1) Where this requires the need to ensure employment for persons with altered skills, such persons shall be allowed to prepare themselves professionally for the appropriate profession by training or training. Professional preparation is proposed by the Social Security Assessment Committees, if it is reasonable to expect that, after successful completion of such training, a person with an altered job capacity can be recommended for admission to a post corresponding to the qualifications obtained.
(2) Preparation for the occupation of persons with altered working capacity is carried out
(a) in workshops (in special training workshops) and, where appropriate, in teaching;
(b) in training courses;
(c) in training centres for persons with altered working capacity or, where appropriate, in public administration facilities for young people with severe health problems.
(1) The plants are required to prepare at the workplace for the occupation of their own staff (members of the cooperative) whose ability to work has been permanently altered as a result of an accident or illness in such a way that they cannot carry out the current employment or profession for which they have been trained. The races are required to carry out training for the profession of also newly recruited persons with altered working capacity. For this purpose, in the case of major plants, as recommended by the ONV Council, racing training workshops may be set up for persons with altered skills.
(2) The competitions are required to take special care to improve the qualifications of persons with altered skills and to enable them to undergo final apprenticeship examinations or qualification examinations in the relevant field.
The costs of preparing for the profession (increasing qualifications) under the provisions of Paragraph 18 shall be borne by the establishments.
(1) Preparation of persons with reduced job skills for simple professions shall be carried out in training courses if:
(a) the nature and extent of the damage to the health of persons with altered working capacity make it impossible to carry out such training at the workplace (in special training workshops) at the premises; or
(b) the preparation may start and follow-up during treatment; or
(c) it is useful for other reasons.
(2) Training courses of regional importance are organised by the ONV Board Department, training courses of greater importance are organised by the KNV Board Department.
(3) In organising training courses in professional medical institutions, these facilities are obliged to provide the necessary assistance and cooperation to the ONV and KNV departments.
(4) For the purposes of the training and training of persons with altered working capacity and courses organised by other bodies or organisations (e.g. courses for professional schools, etc.), the ONV and KNV departments use courses (§ 25 et seq.) and allow (§ 25 et seq.) to participate in those courses.
(1) For professions requiring continuous training of at least one year, where the nature and extent of the damage to health requires specific educational care and special training facilities, such training shall be provided in training centres for persons with altered skills.
(2) The operation and management of training centres are provided by the ONV Board departments.
(1) The costs required for the preparation of persons with reduced professional capacity in training courses or training centres shall be borne by the ONV Board, provided that the performance of payment of some of these costs is not reserved for the KNV Board.
(2) In order to pay part of the cost of accommodation and meals in training centres, the ONV Board of the Centre shall levy a fee of up to 300 CZK per month from the participants in the training (training) according to their economic circumstances.
The State Social Security Office shall, in agreement with the participating central authorities and the Central Board of Trade Unions, lay down the conditions under which the training of persons with altered occupational skills in training centres and courses may be carried out and the scope for successful completion of such training as regards the acquisition of professional qualifications by persons with altered skills.
Compulsory security of persons with altered working capacity and of their family members and compensation of necessary expenses associated with preparation for the profession
(1) If it is not possible to discuss the location of a person with an altered working capacity within 15 days, a pre-placement allowance shall be granted to that person.
(2) The pre-placement allowance shall be granted from the date on which the person with a altered working capacity has applied to the ONV Council for employment or has completed training for the profession until the date of taking up employment in the employment relationship or joining the cooperative.
(3) Pre-placement allowance shall be granted:
(a) to beneficiaries of partial invalidity pensions equal to the difference between full and partial invalidity pensions, but not exceeding 300 Kns per month; if the beneficiary of a partial invalidity pension receives another pension, the allowance shall be reduced by the monthly amount of that pension before being placed;
(b) other persons with an altered working capacity of not more than 400 CZK per month, unless their or their family members' nutrition is otherwise adequately secured.
(4) Persons whose pension has been reduced or withdrawn under Act No. 40 / 1958 Coll., on the adjustment of the pensions of certain sentenced persons, or on which the pension has been adjusted in accordance with Article III or IV of Act No. 41 / 1958 Coll., on certain social security changes, no contribution is granted before placement.
(1) Persons with altered working capacity who, with the approval of the ONV Council, are undergoing training shall be granted an allowance during training. No such allowance shall be granted to persons undergoing training for the profession during treatment in professional medical institutions and receiving sick leave.
(2) The allowance for the duration of the training shall be granted at the rate of the pre-placement allowance; If a participant is provided with full free provision, the allowance shall be granted for the duration of the training of 100 Kčs per month. Where training is carried out at the workplace (in a special training workshop) at the establishment, the allowance shall be granted for the duration of the training at the level of the difference between 100% of the basic period of time of the professional class for which the training is carried out and the remuneration for the work performed.
Persons with altered working capacity who receive pre-placement or pre-training allowance may also receive a allowance for members of the family, unless otherwise adequate provision is made for their nutrition, up to 200 Cds per month for each such member.
(1) A pre-placement allowance, including a family member allowance, shall not be granted if the person with a changed working capacity has caused the loss of his last employment by a poor attitude towards the job or by a loss of confidence in the establishment, or if, without serious reason, he has untied his employment relationship or refused to take up a post or training for the profession recommended by the ONV Board.
(2) Payment of the pre-placement allowance, including the family member allowance, shall be suspended if the person with altered working capacity:
(a) refuse to enter the recommended employment or preparation for the profession without any serious reason;
(b) could not take up the recommended employment or training for the profession for a longer period of 60 days for incapacity for work established by the Social Security Assessment Board.
(3) The payment of the allowance for the duration of the training, including the allowance for members of the family, shall be suspended if the person with altered working capacity does not fulfil his or her duties properly during the preparation for the profession.
(1) Young persons with altered skills who have ceased to benefit from the child allowance (pension allowance) and for whom the ONV Council has failed to provide an appropriate opportunity for vocational training in a timely manner, a contribution of 120 CZK per month shall be granted prior to the placement.
(2) No allowance shall be granted for the duration of training and no allowance shall be granted for members of the family with an altered working capacity.
(1) Persons with altered working capacity shall be compensated for the necessary expenses associated with the preparation of the profession at the workplace (special training workshops) at the races and in training courses.
(2) The provisions of paragraph 1 shall not apply to young persons with altered working capacity. Only replacement costs of accommodation and meals may be granted to young people with altered working capacity who are subject to occupational training at the plant, provided that the youth cannot fully cover these expenses from their earnings.
(1) The social security committees of the councils of the national committees decide on the granting and suspension of the pre-placement allowance, the allowance during training, the family allowance and the reimbursement of the necessary expenses. In particular justified cases, they may grant, where appropriate in a lower area, physical security, as well as to persons referred to in Article 24 (4), and to allow exemptions from the provisions of Article 27 (2) (b).
(2) The benefits referred to in paragraph 1 shall be paid by the ONV Board departments in delay within 14 days.
Entry into the races
(1) The mandated staff of the social security authorities and the mandated members of the assessment committees of the social security authorities are entitled to enter and work in the individual establishments where this is necessary for the performance of the tasks in the field of care for persons with altered working capacity.
(2) The plants shall be obliged to grant special admission permits to persons authorised under paragraph 1 where authorised persons need them to perform their duties.
(3) Persons entrusted under paragraph 1 shall be required to comply with provisions on the maintenance of national, economic or other secrets and to remain confidential about the facts which they have learned in the performance of their duties.
Final provisions
The races under this decree are all economic, budgetary and other organisations.
The State Social Security Office may, in agreement with the Ministry of National Defence and Interior, provide for derogations from the provisions of this Decree in the case of the care of persons with altered working capacity in military departments and other military administration facilities or the Ministry of Interior.
Beneficiaries of pensions and other persons who, before the entry into force of this decree, were admitted to disability cooperatives as persons with altered working capacity may, on a transitional basis, continue to be considered as persons with altered working capacity for such cooperatives when assessing the number of persons with altered working capacity.
Where pensions are referred to in this decree, this means pensions under social security rules and similar pensions under social security provisions for members of the armed forces.
Decree No 4 / 1957 of the State Social Security Office, No. l., on the care of persons with altered working capacity, is hereby repealed.
This Decree shall take effect from 1 April 1960.
Chairman:
Erban v. r.
*) Decret No. 88 / 1945 Coll. and regulations issued by him.
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Regulation Information
| Citation | Decree of the State Social Security Office No. 20 / 1960 Coll., on the care of persons with altered working capacity |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.03.1960 |
|---|---|
| Effective from | 01.04.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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