Decree of the State Social Security Office, Central Council of Trade Unions and Ministry of Health No. 21 / 1965 Coll.

Q: Is Decree of the State Social Security Office, Central Council of Trade Unions and Ministry of Health No. 21 / 1965 Coll. still valid?

Yes, Decree of the State Social Security Office, Central Council of Trade Unions and Ministry of Health No. 21 / 1965 Coll. is still valid and effective.

Decree of the State Social Security Office, the Central Council of Trade Unions and the Ministry of Health on pension insurance, sickness insurance and preventive and medical care of certain citizens active in the provision of services

Valid Effective from 13.03.1965

Část první § 1 § 2 § 3 § 4 § 5 § 6 § 7 § 9 § 10 § 11 § 12 Část druhá § 13 Část třetí § 14 Část čtvrtá § 15 § 16 § 17 § 18 § 19

DECLARATION

State Social Security Office, Central Council of Trade Unions and Ministry of Health

of 4 March 1965

on pension, sickness and preventive and medical care for certain citizens active in the provision of services

The State Social Security Office, the Central Council of Trade Unions and the Ministry of Health shall, in agreement with the participating central authorities, provide, pursuant to Article 143 (2) of Act No. 101 / 1964 Coll., on Social Security, pursuant to § 2 (3) (c) and § 9 of Act No. 54 / 1956 Coll., on the sickness insurance of employees, and pursuant to § 5 (3) of Act No. 103 / 1951 Coll., on uniform preventive and medical care, as amended by its changers and complements:

Část první

SECURITY OF CITIZENS ACCORDING TO WORK AGREEMENTS CLOSED WITH SOCIAL ORGANISATIONS

Security range

§ 1

(1) Citizens performing work under an agreement on work with a socialist organisation shall, in particular, in order to extend, deepen and improve the services of customers (hereinafter referred to as "contract workers"), participate in sickness insurance and pension insurance as workers (working in employment), subject to derogations from the following:

(a) are not secured (insured) by reason of any other activity;

(b) do not receive an old-age or invalidity pension;

(c) are obliged to pay a public income tax fixed by a flat-rate amount corresponding to the income of at least 400 CZK per month for work carried out under the employment agreement.

(2) Where the worker carries out the contract work in addition to his or her employment (activity), the accident which he or she suffered in the performance of the contract work or directly related thereto shall be considered as an accident at work for the purposes of sickness insurance and pension insurance.

§ 2

(1) An agreement worker who is not involved in sickness insurance and pension insurance for the reasons set out in Article 1 (1) (b) or (c) shall only be involved in pension insurance in the event of full (partial) invalidity as a result of an accident at work suffered in or directly related to the performance of the work provided for in Article 1 (1) (b) or (c), provided that the income from such work foreseen for the purposes of the public income tax is at least 120 CZK per month.

(2) Where an accident in the performance of the work contracted or directly related to him is suffered by an agreement worker receiving an old-age or invalidity pension, the accident shall be considered as an occupational accident in the employment (activity) from which the pension was granted.

§ 3

(1) The sickness insurance and pension insurance provided for in this Decree arises from the date on which the contract worker began to carry out the contracted work.

(2) If the contract worker has ceased to carry out the contracted work, sickness insurance and pension insurance shall cease on the day following the date on which the contract worker last worked; However, it shall cease whenever the period for which the agreement was negotiated has elapsed or if one of the conditions laid down in Paragraph 1 (1) is not fulfilled.

Insurance against sickness

§ 4

(1) The following benefits are granted under sickness insurance:

(a) spa care;

(b) sick leave,

(d) aid for the birth of a child;

(e) death grants;

(f) child allowances.

(2) No aid is granted for the treatment of a family member.

§ 5

The deductible earnings of the worker for the agreement for the establishment of sickness and cash aid in maternity care shall be income of the amount derived from the flat-rate amount of the public income tax which the worker is obliged to pay from the income for the work contracted.

§ 6

(1) The sickness benefits from the eighth day of incapacity for work; However, the period of support for the provision of sick leave shall be calculated from the first day of incapacity for work. Incapacity to work for accidents at work and quarantine has been the case since the first day of incapacity at work.

(2) Disability shall be granted for working days generally defined and for holidays assimilated to them if the worker of the agreement for incapacity for work for sickness or accident or for quarantine did not carry out the agreed work and no other work for his benefit.

(3) The amount of sick leave per working day shall be fixed in accordance with the annexed table.

(4) An agreement worker who is to carry out work for a period not exceeding six months under an agreement on work shall be granted sick leave in the same incapacity for 75 working days or more for a maximum period of 90 working days in one calendar year. These restrictions do not apply to accidents at work or if the worker has been insured for at least 180 days in the period of one year prior to the occurrence of incapacity for work.

§ 7

(1) The amount of maternity aid per working day shall be fixed in accordance with the annexed table.

(2) Paragraph 6 (2) applies mutatis mutandis to maternity aid.

§ 9

The detention period for the worker for sickness insurance for the agreement referred to in Article 6 (4) shall not exceed 14 days.

§ 10

The sickness insurance of workers for the agreement shall be carried out in an organisation which has concluded a work agreement with the worker. This organisation fulfils the obligations of the establishment (employer) in sickness insurance; while also

(a) co-operate in the determination and verification of deductible earnings (Section 5) and keep such earnings in the register;

(b) sickness insurance covers 10% of this deductible income.

Pension insurance

§ 11

(1) For the purposes of pension insurance, income shall be regarded as gross income of the worker on the basis of the flat-rate amount of the public income tax which he is obliged to pay from the income for the work contracted.

(2) If the worker on the agreement is wholly (partly) disabled as a result of an accident at work or in direct connection with the work, the average monthly earnings shall be at least equal to 400 CZK. This is also the case if it is an agreement worker who is already covered by another employment.

§ 12

The obligation of the plant to keep records and report for social security purposes shall be that of the organisation which has entered into an agreement with the worker on work.

Část druhá

Security of citizens providing services and repairs on the basis of permission from the National Committee

§ 13

(1) Citizens who, on the basis of the approval of the National Committee, provide certain services and repairs, *) are entitled to support at the time of the birth of the child, child allowance and pension benefits under similar conditions and to the same extent as workers for the agreement referred to in Part One. * *)

(2) The average monthly income of a citizen providing services and repairs on the basis of the approval of the National Committee shall be the amount of no more than 1200 Kcs; This restriction does not apply if it is a citizen with a changed working capacity.

(3) The obligation of the plant to keep records and report for social security purposes shall be exercised by the local national committee.

Část třetí

PREVENTIVE AND SUSTAINABLE WATCHES

§ 14

Citizens who are secured under this decree and their family members shall receive preventive and medical care under the same conditions and to the same extent as workers (working in employment).

Část čtvrtá

PROVISIONS COMMON AND FINAL

§ 15

Where work is carried out under an agreement on work, or where services or repairs are provided on the basis of the approval of the National Committee by those who prepare for a future occupation through continuous training or study (pupil, student, apprentice, etc.), their income for such activity shall be assessed in parallel with the study or training in respect of the rules on child allowance and the education allowance for retirement as an accidental wage for a part-time job and shall not be included in its own income. *)

§ 16

Income from this activity is not seen as a condition for partial invalidity when determining a substantial reduction in earnings.

§ 17

(1) An agreement worker is obliged to provide the Socialist organisation with which he has concluded an agreement on working activities with all the supporting documents necessary for carrying out sickness insurance and pension insurance, in particular the documents for determining the amount of the earnings (Sections 5 and 11).

(2) A citizen who provides services or repairs on the basis of the authorisation of a national committee has a similar obligation to the local national committee for pension purposes (§ 13 (3)).

§ 18

The Central Council of Trade Unions may provide that certain groups of workers are to be granted sick leave from the first day of incapacity for work, provided that the nature of their activities implies that no other person can perform the services for their benefit and that the resources of their livelihood cease from the beginning of incapacity for work. In such cases, the sickness allowance per working day as set out in the annexed table shall be reduced by 20% for the first three working days; However, this does not apply if the incapacity for work has been caused by an accident at work or if it is a quarantine.

§ 19

This decree shall take effect on the day of its publication. However, for the purposes of pension insurance, the activity carried out before the entry into force of the decree is also assessed.

The President

Central Trade Union Council:

Zupka v. r.

The President

State Social Security Office:

Štancež v. r.

Minister for Health:

Plojhar v. r.

Annex to Decree No 21 / 1965 Coll.

Table to determine the daily amount of sickness and cash aid in the maternity of workers under contract

1		2	3
měsíční výše započitatelného výdělku		denní výše
měsíční výše započitatelného výdělku		nemocenského	peněžité pomoci v mateřství
od Kčs	do Kčs	Kčs	Kčs
400	500	14	14
501	600	16	16
601	700	16	19
701	800	18	21
801	900	20	24
901	1 000	22	27
1 001	1 100	24	30
1 101	1 200	26	33
1 201	1 300	28	36
1 301	1 400	30	38
1 401	1 500	32	41
1 501	1 600	34	44
1 601	1 700	36	47
1 701	1 800	39	49
1 801	1 900	42	52
1 901	2 000	45	55
2 001	a výše	48	57

*) § 3 (e) of Decree No. 74 / 1959 Ú. l., on the grant of child benefits in sickness insurance of employees, § 26 of Decree No. 102 / 1964 Coll., implementing the Social Security Act, and § 21 of Decree No. 104 / 1964 Coll., implementing the Social Security Act of Cooperative Farmers

*) for lonely women (§ 6 of Act No. 58 / 1964 Coll., on increasing care of pregnant women and mothers) throughout the maternity leave of the amount indicated in column 2

*) according to principles approved by the Government Resolution of 3 March 1965 (No 20 / 1965 Coll.)

* *) § 23, 24 and other Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on allowances for children from sickness insurance, and Decree of the Central Council of Trade Unions No. 95 / 1968 Coll., on the provision of allowances for children in sickness insurance.