Act No. 203 / 2015 Coll.
Act amending Act No. 435 / 2004 Coll., on Employment, as amended, and Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended
Valid
Law
Effective from 01.10.2015
Text versions:
01.10.2015
17.08.2015
203
THE LAW
of 23 July 2015
amending Act No. 435 / 2004 Coll., on Employment, as amended, and Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Employment Act
Act No. 31 / 2009, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 13 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 15 / 2011, Act No. 31 / 2011, Act No. 31 / 2011, Act No. 31 / 2011 / 2011, Act No. 31 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No.
1. The following Section 6a is inserted after Section 6:
(1) In order to carry out employment tasks, the Ministry may establish a state contribution organisation. The Ministry shall issue the instrument of establishment of this State Contribution Organisation. The State contribution organisation shall be established on the date specified in the instrument of incorporation. The instrument of incorporation shall also include the following information:
(a) the name, registered office and identification number of the person of the State contribution organisation;
(b) the definition of the purpose for which the State contribution organisation is established;
(c) the subject matter of the main activity or other activity, where appropriate;
(d) designation of the statutory body and definition of the basic organisational structure of the State contribution organisation;
(e) the definition of the assets of the Czech Republic, which the Ministry entrusts to the state contribution organisation when it is established.
(2) The Statutory Body of the State Contribution Organisation established under paragraph 1 shall appoint and dismiss the Minister for Labour and Social Affairs.
(3) The Ministry may decide to divide a State contribution organisation established under paragraph 1, to merge it or to merge it with another State contribution organisation established under paragraph 1, or to amend such State contribution organisation. At the same time, it shall issue the instrument of incorporation of the emerging state contribution organisation or the supplement to the instrument of incorporation. The State contribution organisation shall cease to exist on the date laid down in the decision on its division or merger or, where appropriate, on the date set out in the decision on its merger, if another State contribution organisation is the legal successor.
(4) The Ministry may decide to abolish a State contribution organisation set up under paragraph 1. At the same time, it will decide how to settle the rights and obligations exercised by the state contribution organisation, including the jurisdiction to manage the property of the Czech Republic, and cancel the charter. If it does not decide, the date of the termination of the repealed state contribution organisation shall pass the jurisdiction to the Ministry for the management of the property of the Czech Republic, including the rights which it has previously exercised. At the same time, the obligations and rights and obligations arising from the employment relationship carried by the organisation are transferred to the Czech Republic and the Ministry becomes competent to fulfil these obligations as well as to exercise the rights and obligations of those employment relationships.
(5) The establishment, division, merger, merger or cancellation of a State contribution organisation decided on in accordance with paragraphs 1 to 3 shall be notified by the Ministry in the Central Journal of the Czech Republic within 30 days of the date on which that fact occurred. The notification shall include the designation of the contractor of the State Contribution Organisation, its name, registered office, identification number and date, month and year of origin, division, merger, merger or termination. ';
2. in Article 37a (6) (a), "12" is replaced by "4."
3. In Paragraph 39 (2) (d), the words "carrying out one of the activities' are replaced by the words" having a legal relationship with one of the activities'.
4. In Paragraph 39, at the end of paragraph 2, the dot is replaced by "or 'and the following point (e) is added:
"(e) which, on the date on which unemployment benefit is to be granted, is in the capacity of one of the persons referred to in Article 25 (1) (c) to (f) and (s); the amount of income or remuneration shall not be taken into account; this shall not apply to a member of a housing cooperative who carries out work or activity for a housing cooperative outside the employment relationship or is entrusted with the commercial management of the housing cooperative. ';
5. In Paragraph 41, the dot is replaced by a comma at the end of paragraph 3 and the following point (g) is added:
"(g) the duration of temporary incapacity for work or compulsory quarantine (96) of a person after having ceased his or her professional activity who has established his or her participation in sickness insurance under special legislation97), unless he or she has brought temporary incapacity intentionally and where such temporary incapacity for work or ordered quarantine has arisen at the time of such gainful activity or within a period of withdrawal under special legislation97).
96) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended.
97) Act No. 187 / 2006 Coll., on sickness insurance, as amended. '
6. In Article 42 (2), the words "Regional Branch of the Labour Office 'shall be inserted after the words" Obligatory' and at the end of the paragraph, the words "When applying for unemployment benefit, the applicant shall be required to notify the Regional Branch of the Labour Office in writing whether the legal relationship arising from the exercise of one of the activities referred to in Article 25 (3) or whether he is in the position of one of the persons referred to in Article 25 (1) (c) to (f) and (s), without taking into account the amount of income or remuneration, this shall not apply to a member of the housing cooperative who carries out a work or an activity outside the employment relationship or is entrusted to the commercial management of the housing cooperative. Where a legal relationship or position arises in accordance with the sentence of the second sentence in the course of the grant of unemployment benefit, the jobseeker shall notify the Regional Branch of the Labour Office in writing at the latest on the date of their establishment. ';
7. In Article 44 (3), the words "on the basis of which he exercises one 'shall be replaced by" on the basis of one' and after the words "Article 25 (3) ', the words" for as long as he is in the position of one of the persons referred to in Article 25 (1) (c) to (f) and (s), without taking account of the amount of income or remuneration, do not apply to a member of a housing cooperative who carries out a work or activity for a housing cooperative outside the employment relationship or is entrusted with the commercial management of the housing cooperative'.
8. In Paragraph 46 (b), the words "a job seeker carries out one 'are replaced by the words" a job seeker has a legal relationship to pursue one'.
9. in Paragraph 46, the following point (c) is inserted after point (b):
"(c) where the applicant is in the position of one of the persons referred to in Article 25 (1) (c) to (f) and (s), without taking into account the amount of income or remuneration, this shall not apply to a member of the housing cooperative who carries out work or activity for a housing cooperative outside the employment relationship or is entrusted with the commercial management of the housing cooperative and for this reason has not been paid unemployment aid.";
Points (c) and (d) shall be renumbered points (d) and (e).
10. in Paragraph 75 (9) (j), "contribution a" is replaced by "contribution,"
11. in Paragraph 75 (9), at the end of point (k), the comma is replaced by "a."
12. in Paragraph 76 (1), the second sentence is deleted;
13. in § 78 (2) (b), the words "under § 327 of the Labour Code" shall be replaced by the words "under the Civil Code";
14. In the first sentence of Article 78 (3), the words "After 12 calendar months from the date of the establishment of a protected post or from the date of the definition of a protected post, the employer may, in the application for a contribution for the following calendar quarter, 'are replaced by the words" The employer may in the application for a contribution' and the words "the person with disabilities' shall be inserted after the words" pursuant to Article 67 (2) (a) or (b) '.
15. in Article 78 (8) (e), the words "or, in the event of failure to fulfil the conditions, 12 months after the date of the establishment of the protected post or the date of establishment of the protected post" shall be deleted;
16. in Paragraph 89 (3), the second sentence is deleted;
17. in Article 104 (2), the following point (f) is inserted after point (e):
"(f) contributions at periods of partial unemployment,"
Points (f) and (g) shall be renumbered as points (g) and (h).
18. Paragraph 115, including the title and footnotes 98 and 99, reads as follows:
Contribution at time of partial unemployment
(1) A contribution at a time of partial unemployment may be granted by the Labour Office to an employer, not referred to in Section 109 (3) of the Labour Code, on the basis of an agreement concluded with him after the prior approval of the Government, if the employer is prevented from working on the grounds referred to in Section 209 (1) of the Labour Code or because of the interruption of work caused by a natural disaster under Section 207 (b) of the Labour Code under the directly applicable European Union98) and the employer
(a) the staff member may not allocate work to a minimum of 20% of the fixed weekly working period (99);
(b) the staff member is already providing compensation for any of the above barriers to work under the conditions and at the level of Article 207 (1) of the Treaty. (b) or Article 209 (2) of the Labour Code, and from the conclusion of an agreement to grant a contribution with the Labour Office, the staff member shall pay this compensation of at least 70% of the average earnings;
(c) undertake, in the agreement granting the allowance, that, at the time agreed to grant the allowance to the staff member to whom the allowance is to be granted, the employment relationship shall not be undone for the reasons set out in paragraphs 52 (a) to (c) of the Labour Code.
(2) In addition to the documents referred to in Article 118 (2), applications for contributions should be accompanied by:
(a) an agreement with the trade union on the amount of compensation paid under Section 209 (2) of the Labour Code, in the event of an obstacle to work under Section 209 (1) of the Labour Code; if the employer does not have a trade union organisation, the agreement may be replaced by an internal regulation;
(b) a detailed description of the reasons on the basis of which the employer requests the contribution and the measures already put in place by the employer to deal with the situation, in particular the working time measures, the use of the working time account or the taking of leave;
(c) a list of the employer's premises to which the application relates, including the number of employees concerned;
(d) a description of the outlook for overcoming partial unemployment or natural events.
(3) The amount of the allowance is 20% of the staff member's average earnings, but not more than 0,125 times the national economy average wage for the first to third quarters of the calendar year preceding the calendar year in which the grant agreement was concluded. The allowance may be granted only for the duration of the obstacle to work due to partial unemployment or natural events, for a maximum period of 6 months, with the possibility of one repetition of the same period; the government may, where justified by the Regulation, provide for a longer period of grant.
(4) The beginning and end of the period in which the contribution may be requested, the reasons for which the contribution may be granted, certain additional conditions resulting from the implementation of this active employment policy instrument, which will allow the identification of a causal link between the employer's situation and the reasons for the activity of the instrument, the way in which the instrument is implemented, including its timetable and the model of the application for contribution, are laid down by the Government by regulation.
(98) Article 50 (1) of Commission Regulation (EU) No 651 / 2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in accordance with Articles 107 and 108 of the Treaty.
99) § 79 of the Labour Code. '
19. in Sections 118 (5) and 119 (2) (h), "Sections 112 to 114, 116" is replaced by "Sections 112 to 116";
20. In Article 118 (5), the words "or breach of the grant agreement pursuant to Article 115 'shall be added after the words" Article 5 (e) (3)'.
21. in Article 119 (2), the following points (i) and (j) are inserted after point (h):
"(i) the employer's undertaking that, at the time agreed for the provision of the contribution under Paragraph 115, he shall not be bound by the employment relationship with the employee to whom the allowance will be granted for the reasons set out in § 52 (a) to (c) of the Labour Code,
(j) for the contribution provided for in Section 115, the list of staff to whom the contribution will be granted; ';
Point (i) shall be renumbered as point (k).
22. in Article 140 (4) (f), the words "but not less than" shall be inserted after the words "paragraph 1 (c) and (e)."
Transitional provisions
1. The procedure for unemployment benefit initiated and final before the date of entry into force of this Act shall be completed in accordance with Act No. 435 / 2004 Coll., as effective before the date of entry into force of this Act.
2. The existing state contribution organisation of the FIFG, established by the Ministry of Labour and Social Affairs, becomes a state contribution organisation pursuant to § 6a of Act No. 435 / 2004 Coll., as effective from the date of the entry into force of the Act.
3. The grant of the contribution to the partial reimbursement of the operating costs of the protected post pursuant to Article 76 (1) of Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act, is governed by Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act.
4. The provision of a contribution pursuant to § 78 (2) of Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act, and its increase pursuant to § 78 (3) of the Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act, for the last calendar quarter preceding the date of entry into force of the Act is governed by Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act.
5. The administrative procedure for the grant of a contribution to the promotion of the employment of disabled persons in a protected post pursuant to Section 78 of Act No. 435 / 2004 Coll., as effective before the date of entry into force of this Act, which was not definitively completed before the date of application of this Act, shall be completed in accordance with Act No. 435 / 2004 Coll., as effective before the date of entry into force of that Act.
Amendment of the Act on the residence of foreigners in the Czech Republic
Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended by Act No. 140 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 217 / 2002 Coll., Act No. 428 / 2003 Coll., Act No. 436 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 136 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 230 / 2006 Coll., Act No. 170 / 2007 Coll.
1. In Paragraph 44a (3), the third sentence is replaced by the following: "Where an application for an extension of the validity of an employee card is made, Article 47 (2) shall apply mutatis mutandis to the entitlement to exercise employment at the post for which the employee card was issued. Where an application for an employment card is made pursuant to Paragraph 42g (6), Paragraph 47 (2) shall apply mutatis mutandis to the entitlement to work at a post already carried out by an alien and to which he applies for the issue of an employment card. The third and fourth sentences do not apply if it is a job for which employment permits are required under the Employment Act. If the Ministry rejects the request on the grounds that the Labour Office of the Czech Republic - Regional Branch or Branch for the City of Prague has issued a binding opinion that further employment of foreigners cannot be authorised because of the situation on the labour market, the authorisation to pursue employment shall cease from the day following the date of notification of this Decision; the suspensory effect of the appeal against this decision shall not apply to the right to exercise employment. The Office of Labour of the Czech Republic - Regional Branch or branch for the capital city of Prague shall inform the Ministry of Justice of the notification of the decision under the previous sentence without undue delay. '
2. In Paragraph 44a (12), the second sentence is deleted.
EFFECTIVE
That law shall take effect on the first day of the calendar quarter following the date of its publication, with the exception of the provisions of Article 5 (1) (a) and (b). I (16) and Article III, which shall take effect on the day of its publication.
z. Jerman v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 203 / 2015 Coll., amending Act No. 435 / 2004 Coll., on Employment, as amended, and Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.08.2015 |
|---|---|
| Effective from | 01.10.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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