Act No. 206 / 2017 Coll.
Act amending Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws
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Law
Effective from 29.07.2017
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206
THE LAW
of 8 June 2017
amending Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Employment Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 / 2011, Act No. 100 / 2011 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act.
1. In Article 4 (2), the following sentence is added at the end: "The right to employment cannot be denied to the citizen on grounds of sex, sexual orientation, racial or ethnic origin, nationality, citizenship, social origin, family, language, health status, age, religion or belief, property, marital and family status and relationship or obligations to family, political or other thinking, membership and activities in political parties or political movements, trade unions or employers' organisations; discrimination on grounds of pregnancy, maternity, paternity or sexual identification shall be considered as discrimination on grounds of sex. ';
2. In Article 5, at the end of point (f), the dot is replaced by a comma and the following point (g) is added:
"(g) by a disguised employment mediation, the activity of a legal person or a natural person consisting of the hire of a labour force to another legal person or natural person without respecting the conditions for employment mediation provided for in Article 14 (1) (b).";
3. In Article 5, at the end of point (g), the dot is replaced by a comma and the following point (h) is added:
"(h) the temporary inability of the candidate to fulfil the obligations of the candidate for employment on account of sickness or accident
1. stay at the place of residence indicated in the temporary inability certificate of the applicant for employment to fulfil the obligations of the applicant for employment due to sickness or accident; and
2. comply with the scope and time of the permitted trips. ';
4. In Article 21 (1), the words "in the field of general practical medicine or in the field of practical medicine for children and adolescents' shall be inserted after the words" by the opinion of another health service provider (24) '.
5. Paragraph 21 (4) reads as follows:
"(4) An applicant for employment who is temporarily unable to fulfil the obligations of a candidate for employment on the basis of sickness or accident, if justified, shall issue, at his request, a certificate of temporary inability of the candidate for employment to fulfil the obligations of the candidate for employment on the basis of sickness or accident. ';
6. At the end of Paragraph 21, paragraphs 5 to 10 are added:
"(5) The certificate of temporary inability of the candidate to fulfil the obligations of the candidate for employment due to sickness or accident shall state:
(a) the place of residence of the candidate for employment during the period of temporary inability to fulfil the duties of the candidate for employment;
(b) the extent and duration of the authorised visits; and
(c) other information required.
(6) Paragraph 56 (6) of the sickness insurance law shall apply mutatis mutandis for the determination of the scope and duration of the authorised leave referred to in paragraph 5 (b).
(7) An applicant for employment who has been given a certificate of temporary inability to fulfil the obligations of a candidate for employment because of sickness or accident is obliged to comply with the temporary incapacity scheme of a candidate for employment to fulfil the obligations of a candidate for employment because of sickness or accident [§ 5 (g)].
(8) An applicant for a job who is temporarily unable to fulfil the obligations of a candidate for employment on the basis of treatment or examination at a health care establishment, if justified, shall issue, at his request, a certificate of treatment or examination of the candidate for employment at a health care establishment.
(9) A binding model of the temporary inability of the candidate to fulfil the obligations of the candidate for employment due to sickness or accident and a binding model of the certificate of treatment or examination of the candidate for employment in a medical institution shall be laid down by the Ministry by decree.
(10) The cost of assessing the health status referred to in paragraph 2, the psychological examination referred to in paragraph 3, the issue of a temporary inability of the candidate to fulfil the obligations of the candidate for employment on the basis of an illness or accident referred to in paragraph 4 and the issuing of a certificate of treatment or examination of the candidate for employment in the medical establishment referred to in paragraph 8 shall be borne by the Labour Office. ';
7. In Paragraph 25 (3) (b), the words "an agreement to carry out work or 'are deleted.
8. In Paragraph 27, the following paragraph 3 is inserted after paragraph 2:
"(3) A candidate for employment who is temporarily unable to fulfil the duties of a candidate for employment because of sickness or accident or who is unable to fulfil the duties of a candidate for employment on the basis of an examination or treatment in a medical institution shall be required to notify the Regional Office of such reasons at the latest on the day on which he was given a temporary inability to fulfil the obligations of a candidate for employment on the basis of sickness or accident, or on the day on which the candidate for employment in a medical establishment has carried out the examination or treatment and within 8 calendar days of the date of issue of the temporary inability of the applicant for employment to fulfil the obligations of the candidate for employment on the basis of sickness or accident or accident or medical examination of the applicant for employment of such reasons by the competent confirmation of the Regional Branch of the Office."
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
9. In Paragraph 30 (1) (b), at the end of point 1, the word "or 'shall be deleted, the word" or' shall be added at the end of point 2 and the following point 3 shall be added after point 2:
'3. fails to comply with the obligation laid down in Paragraph 27 (3); ';
10. in Article 60 (1) and (2):
"(1) Authorisations for employment mediation shall be issued by the Directorate-General of the Labour Office at the request of a legal or natural person.
(2) The granting of an authorisation for employment to a natural person shall be subject to the achievement of the age of 18 years, full competence, integrity, professional capacity, residence in the Czech Republic and the fact that a natural person has not been responsible for the legal person, statutory body or body of a legal person who has been withdrawn from the employment authorisation for the reasons set out in Article 63 (2) (a) to (f) or Article 63 (3), at the time when the legal person has been or has endured the facts which led to the withdrawal of such authorisation. '
11. in Article 60 (3), the word "full" shall be inserted after the words "18 years old."
12. In Paragraph 60 (10), the sentence "The function of the responsible representative may be performed only in employment with hours agreed at least 20 hours per week is inserted after the third sentence; the following paragraph is added:
13. In Paragraph 60, the following paragraph 13 is added:
"(13) The Director-General of the Labour Office shall set up an Advisory Body (hereinafter referred to as" the Commission ') to examine the application for authorisation for employment mediation, including its annexes. The Commission shall have at least five members and shall be composed of civil servants of the Labour Office, the Ministry and other natural persons who must be impartial in relation to the present request. The President and the individual members of the Commission shall be appointed by the Director-General of the Labour Office so that the majority of the members are not civil servants of that Office. The Commission shall submit to the Director-General of the Labour Office a draft decision on the application for authorisation to arrange employment. The work of the Commission shall be carried out by the Labour Office in a material, organisational and financial way.'
14. In Paragraph 60a, at the end of paragraph 2, the sentence "The Ministry of the Interior shall be entitled, when preparing its binding opinion, to assess the granting of an authorisation for the provision of employment in terms of public policy, security and respect for third parties' rights to require documents proving the legal reason for the use of the premises in which the registered office of a legal person is situated, the registered office of the natural person, if not his place of residence, and the place of work referred to in Articles 61 (2) (d) and 61 (4) (d). '.
15. The following Section 60b is inserted after Section 60a:
(1) A legal or natural person applying for authorisation to arrange for employment under Paragraph 14 (1) (b) is required to provide a deposit of CZK 500,000.
(2) Bail shall be granted at the request of the Directorate-General of the Labour Office by the lodging of an amount on the special account of the Directorate-General of the Labour Office, subject to all the conditions laid down for the granting of an authorisation for employment by a legal or natural person.
(3) If the employment authorisation is terminated, the compound amount shall become an overpayment of the legal or natural person who has ceased to exist. If the overcharge thus obtained is a refundable overpayment, it shall be returned by the Directorate-General of the Labour Office within 60 days of the date of expiry of this authorisation.
(4) The provisions of the Tax Code shall apply mutatis mutandis to the administration of the payment of bail. ';
16. in Paragraph 62 (3):
"(3) Authorisations for employment mediation under Paragraph 14 (1) (b) shall be issued for a period of 3 years. In the case of the submission of a further application for authorisation for employment as referred to in Article 14 (1) (b), not earlier than 3 months before the expiry of the previous authorisation issued for employment as such, the authorisation shall be issued for an indefinite period of time on condition that the prior authorisation for employment as referred to in Article 63 (1) (a), (b) or (d) has not expired before the issue of the re-authorisation. Authorisations for employment in the form referred to in Article 14 (1) (a) and (c) shall be issued for an indefinite period. ';
footnote 41a is deleted.
17. in Paragraph 63 (2) (d), the words "or shall not be produced by the Directorate-General of the Labour Office within 2 months of the date on which the decision on authorisation to arrange employment is taken" shall be deleted.
18. in Paragraph 63 (2), point (e) shall be deleted;
Points (f) to (h) shall be renumbered as points (e) to (g).
19. in Paragraph 63 (2), the word "or" shall be deleted at the end of point (f).
20. In Paragraph 63, at the end of paragraph 2, the dot is replaced by "or 'and the following point (h) is added:
"(h) a legal or natural person shall temporarily assign no staff member to work with the user for at least 2 years.";
21. In Paragraph 63, the following paragraph 3 is inserted after paragraph 2:
"(3) The Directorate-General of the Labour Office may, by decision, withdraw the authorisation to arrange for employment if a legal or natural person infringes the obligation imposed on employment agencies by Sections 307b, 308 or 309 (2), (3), (5) and (6) of the Labour Code. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
22. in Paragraph 63 (5), "paragraphs 2 (a) to (g) and 3" shall be replaced by "paragraphs 2 (a) to (f), 3 or 4";
23. in Paragraph 63 (6), "paragraphs 2 and 3" are replaced by "paragraphs 2 to 4."
24. In Paragraph 66, the last sentence is deleted.
25. Paragraph 81 (3) reads:
"(3) Employers and self-employed persons referred to in paragraph 2 (b) shall be entitled to the allowance referred to in point (a) of paragraph 1. (b) may, for the purposes of fulfilling the obligation referred to in paragraph 1, provide their goods and services or meet the contracts awarded only up to 36 times the average national economy wage for the first to third quarters of the preceding calendar year for each staff member with disabilities employed in the previous calendar year (hereinafter referred to as" the limit ") and in the event that, not later than 30 calendar days after payment of the performance provided, he enters the data on the performance provided in the Ministry's register referred to in paragraph 84."
26. In Paragraph 81, the following paragraph 4 is inserted after paragraph 3:
"(4) Where no staff member is employed by a disabled person who is a self-employed person, that person shall be considered as one employee for the purposes of calculating the limit referred to in paragraph 3. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
27. In Article 81, at the end of paragraph 5, the sentence "In order to establish employment conditions of more than 50% of employees in established or defined sheltered jobs (§ 75) who are disabled persons referred to in paragraph 2 (b), the average quarterly recalculated number of employees in the calendar quarter preceding the calendar quarter in which the goods, services or contracts were withdrawn is determined."
28. in Paragraph 81 (6), the word "annual" shall be deleted;
29. In Paragraph 83, the second sentence is deleted.
30.
(1) The Ministry shall keep an electronic record of the performance of the compulsory share of the employment of persons with disabilities as referred to in Paragraph 81 (2) (b) (hereinafter referred to as "the register"). The administrator of this register is the Ministry.
(2) The records shall contain the following information:
(a) identification of the employer and self-employed persons referred to in Article 81 (2) (b) (the supplier) and the employer referred to in Article 81 (1) (the customer);
(b) the price of goods, services or contracts carried out, excluding value added tax, attributable to the performance of the compulsory share in the manner referred to in Article 81 (2) (b);
(c) the date of delivery of goods, services or the execution of contracts;
(d) the number of the document by which the supply of goods, services or the executed contract was charged;
(e) the date of payment of the goods, services or contracts which have been awarded in accordance with Article 81 (2) (b),
(f) the quarterly recalculated number of employees who are disabled persons.
(3) The information referred to in paragraph 2 shall be entered in the register and shall be the responsibility of the supplier of goods, services or contracts.
(4) An indication of the level of the limit and the ongoing state of performance of the limit is publicly available. The data referred to in paragraph 2, including personal data, shall be kept by the Ministry in the register for a period of 6 years from their entry. ';
31st Paragraph 95 (4) reads as follows:
"(4) Where the content of the contract referred to in paragraph 1 is the temporary assignment of a foreigner to work with a user, the Regional Branch of the Labour Office may issue an employment permit only if an authorisation has been granted to its foreign employer and at the same time it is a notified vacancy which cannot be otherwise filled with regard to the required qualification or lack of free labour (Section 92 (1)). '
32. In the second sentence of Paragraph 113 (5), "12 'is replaced by" 24'.
33. In Article 127, the following paragraphs 3 and 4 are added after paragraph 2, including footnote 103:
"(3) In addition, the Regional Branch of the Labour Office is entitled to control the performance of the job-seeker's obligation to respect the temporary inability of the jobseeker to fulfil the duties of the jobseeker on the grounds of sickness or accident (Section 5). The Regional Branch of the Labour Office shall, in the event of the finding of an infringement referred to in the sentence of the first applicant for employment, make a written record of the inspection, indicating the facts which constitute an infringement of the scheme; a copy of this entry shall be delivered to the applicant for employment and to the registrant or to another health service provider who provides health care to the applicant for employment in the event of an illness or accident, who has issued a certificate of temporary inability of the applicant for employment to fulfil the obligations of the candidate for employment because of sickness or accident. The job applicant shall be obliged to allow the Regional Branch of the Labour Office to check compliance with the temporary inability of the jobseeker to fulfil the obligations of the jobseeker due to sickness or accident.
(4) The inspection procedure referred to in paragraph 3 is not covered by the control order 103).
103) Act No. 255 / 2012 Coll., on Control (Control Regulations). '.
34. In Paragraph 139 (1), the word "or 'shall be deleted at the end of point (d).
35. In Paragraph 139, the dot is replaced by a comma at the end of paragraph 1 and the following points (h) and (i) are added:
"(h) does not, within a specified period of time from the date on which the decision to grant employment authorisation to the Directorate-General for Employment of the Office of the European Communities becomes final, provide proof of the conclusion of the insurance referred to in Paragraph 58a (2); or
(i) in a biased manner mediates employment as referred to in Article 5 (g). ';
36. In Article 139 (2), at the end of point (d), comma is replaced by "or 'and point (e) is deleted.
Point (f) shall be renumbered as point (e).
37.Paragraph 139 (3) reads:
"(3) A penalty may be imposed in respect of an offence:
(a) 1 000 000 CZK if the offence referred to in paragraph 1 (a) or 2 (a) or (b) is committed;
(b) CZK 2 000 000, if it is an offence referred to in paragraph 1 (b),
(c) 100 000 CZK if the offence referred to in paragraph 1 (c) or (e) or paragraph 2 (d) is committed;
(d) 500 000 CZK if the offence referred to in paragraph 2 (c) or (e) is committed;
(e) 5 000 000 CZK if the offence referred to in paragraph 1 (d), (f) or (i) is committed;
(f) 200 000 CZK if the offence referred to in paragraph 1 (g) is committed,
(g) 20 000 CZK if the offence referred to in paragraph 1 (h) is committed. "
38. in Paragraph 140 (1), the word "or" shall be deleted at the end of (c).
39. In Paragraph 140, at the end of paragraph 1, the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) does not, within a specified period of time from the date on which the decision to grant employment authorisation to the Director-General of the Labour Office, provide proof of the conclusion of the insurance referred to in § 58a (2); or
(g) it shall provide the employment referred to in Article 5 (g) in a biased manner. ';
40. in Paragraph 140 (2), the text of point (c) shall be replaced by the words "or" and point (d) shall be deleted;
Point (e) shall be renumbered as point (d).
41. in Paragraph 140 (4) (a), the words "paragraph 1 (a)" shall be replaced by the words "paragraph 1 (a) or" and "points (a) and (b)" shall be replaced by "(a) or (b)."
42.In Article 140 (4) (c), "(c) and (e)" is replaced by "(c) or (d)."
43. In Article 140 (4) (d), the words "and 2 (d)" shall be deleted.
44. in Article 140 (4) (f), "(c) and (e)" is replaced by "(c), (e) or (g)."
45. In Paragraph 140, at the end of paragraph 4, the dot is replaced by a comma and the following point (g) is added:
"(g) 20 000 CZK if it is an administrative offence referred to in paragraph 1 (f)."
46. in Paragraph 140 (4) (g), the words "administrative offence" shall be replaced by "offence."
47. Paragraph 147, including footnotes 70 and 100, reads as follows:
(1) The obligation laid down in Paragraph 81 also applies to the service authorities. For the purposes of carrying out the obligation set out in Paragraph 81, the Office shall be regarded as an employer in the employment of civil servants in the service and as an employee in the service.
(2) The employment of members and soldiers of the profession in the service relationship, the staff of the municipality included in the municipal police and civil servants of the armed forces of the Czech Republic (100) are not covered by the provisions of Sections 80 and 81; the obligation referred to in Section 81 does not apply to the Czech Mining Office and the District Mining Offices (70) as regards the employment of mining inspectors. The provisions of Sections 80 and 81 shall not apply to health-care emergency services providers in respect of the employment of members of exit groups.
70) Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended.
100) § 3 (7) of Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic. '
48. § 147b reads:
State authorities, municipalities and counties and their bodies, other legal and natural persons, shall, at the call of the Labour Office, communicate without delay and free of charge, the data relevant for the inclusion and keeping in the register of jobseekers, the entitlement to unemployment support or retraining, its amount or payment, the provision of an active employment policy contribution, the promotion of employment of disabled persons, the authorisation to work for a stranger, the exercise of the child's artistic, cultural, sports or advertising activities, and the control activity and the Office of Labour, the data relating to the performance of the compulsory share of the employment of persons with disabilities, including methods of performance, and the State Office of Labour Inspection, Regional Inspectors, the data relevant for the purposes of the performance of the compulsory employment of persons with disabilities; they may do so in a way that allows remote access. ';
Transitional provisions
1. The performance of an activity on the basis of an agreement to carry out work concluded by the jobseeker in parallel with the management in the register of jobseekers until the date of entry into force of this law shall not prevent the employment seeker's management in the employment seeker's register for a period of 3 months from the date of entry into force of this law.
2. The administrative procedure for the authorisation to arrange for employment not definitively completed 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, unless otherwise specified.
3. The obligation under Article 60b (1) and (2) of Act No. 435 / 2004 Coll., as effective from the date of the entry into force of this Act, has the legal or natural person whose application was initiated prior to the date of entry into force of this Act by an administrative procedure for the granting of an authorisation for employment mediation and that administrative procedure has not been definitively completed by the date of entry into force of this Act.
4. A legal or natural person who, before the date of entry into force of this Act, has been authorised to arrange employment pursuant to § 14 (1) (b) of Act No. 435 / 2004 Coll., as effective before the date of entry into force of this Act, shall be required to grant bail pursuant to § 60b (1) of Act No. 435 / 2004 Coll., as effective from the date of entry into force of this Act, by deposit of an amount into the special account of the Directorate-General of Labour; the authorisation for the mediation of employment shall cease in vain at the end of that period.
5. A legal person who, prior to the date of entry into force of this Act, has been granted an employment mediation permit or who has submitted an application for an employment mediation permit before the date of entry into force of this Act, is required to adjust the relationship with the legal person's responsible representative pursuant to Article 60 (10) of Act No. 435 / 2004 Coll., as effective from the date of entry into force of this Act, no later than 3 months after the date of entry into force of this Act.
6. Employers and self-employed persons referred to in § 81 (2) (b) of Act No. 435 / 2004 Coll., as effective from the date of entry into force of this Act, are obliged to enter in the register the data referred to in § 84 (2) of the Act No. 435 / 2004 Coll., as effective from the date of entry into force of this Act, within 60 days of the date of entry into force of this Act, in accordance with the date of entry into force of that Act.
7. The performance of the compulsory share for the year preceding the date of entry into force of this Act is governed by Act No. 435 / 2004 Coll., as effective before the date of entry into force of this Act.
Amendment of the Labour Code
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 Coll., Act No. 100 / 2011 Coll.
1. The first sentence of Paragraph 16 (2) reads: "Any discrimination, in particular discrimination on grounds of sex, sexual orientation, racial or ethnic origin, nationality, citizenship, social origin, gender, language, health status, age, religion or belief, property, marital and family status and relationship or obligations to family, political or other thinking, membership and activities in political parties or political movements, trade unions or employers' organisations, shall be prohibited in employment relationships. discrimination on grounds of pregnancy, maternity, paternity or sexual identification shall be considered as discrimination on grounds of sex. ';
The second sentence of paragraph 2 shall become paragraph 3.
Paragraph 3 shall become paragraph 4.
2. The following Section 307b is inserted after Section 307a:
The Agency and the user are required to ensure that the Agency's staff is not seconded to work with a user who:
(a) be employed simultaneously in a basic employment relationship; or
(b) carry out or carry out work in the same calendar month on the basis of temporary secondment by another agency. ";
3. § 320a reads:
The contribution to trade unions and employers' organisations to promote mutual action at national or regional level concerning the important interests of workers, in particular economic, production, labour, wage and social conditions, shall be borne by the State on the basis of an agreement in the Council of Economic and Social Agreements. ';
Amendment of the Labour Inspection Act
Act No. 251 / 2005 Coll., on Labour Inspection, as amended by Act No. 230 / 2006 Coll., Act No. 264 / 2006 Coll., Act No. 213 / 2007 Coll., Act No. 362 / 2007 Coll., Act No. 382 / 2008 Coll., Act No. 294 / 2008 Coll., Act No. 281 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 341 / 2011 Coll., Act No. 350 / 2011 Coll., Act No. 365 / 2011 Coll., Act No. 81 / 2015 Coll., Act No. 47 / 2016 Coll., Act No. 64 / 2014 Coll., Act No. 136 / 2014 Coll., Act No. 247 / 2014 Coll.
1. The following Section 11a is inserted after Section 11:
Transfers to the Department of Privacy and Employee Personal Rights
(1) A natural person as an employer commits an offence by:
(a) interfere with the privacy of workers in the workplace and in the employer's common premises in one of the ways set out in Section 316 (2) of the Labour Code;
(b) does not inform the staff member of the scope of the check and the means of its implementation pursuant to Article 316 (3) of the Labour Code; or
(c) in contravention of Article 316 (4) of the Labour Code, the staff member shall require information which is not directly related to the performance of the work and to the basic employment relationship.
(2) A fine may be imposed for the offence referred to in paragraph 1 until:
(a) 1 000 000 CZK if it is an offence referred to in (a) or (c);
(b) 100 000 CZK if the offence referred to in (b) applies. "
2. Paragraph 20a, including the title and footnote 77, reads as follows:
Deductions on the employment sector
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Regulation Information
| Citation | Act No. 206 / 2017 Coll., amending Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.07.2017 |
|---|---|
| Effective from | 29.07.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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