Decree No. 215 / 1949 Coll.
Decree on the Convention on Social Security with the Additional Agreement, the Special and Final Protocol between the Republic of Czechoslovakia and the Republic of France, signed in Paris on 12 October 1948
Valid
Effective from 01.07.1949
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215.
Decree of the Minister for Foreign Affairs
of 11 August 1949
concerning the Convention on Social Security with the Additional Agreement, the Special and Final Protocol between the Republic of Czechoslovakia and the Republic of France, signed in Paris on 12 October 1948.
The Convention on Social Security was negotiated in Paris between the Czechoslovak Republic and the French Republic on 12 October 1948 with the Additional Agreement, the Special Protocol and the Final Protocol. The Convention with the Additional Agreement, the Special and Final Protocol was ratified by the President of the Republic on 15 February 1949.
The instruments of ratification were exchanged in Prague on 17 June 1949. Pursuant to Article 33, the Convention with the Additional Agreement, the Special and Final Protocol, became effective on the first day of the month following the exchange of instruments of ratification, i.e. 1 July 1949.
The text of this Convention, the Additional Agreement, the Special Protocol and the Final Protocol shall be published in the Annex to the Collection of Laws. *)
Dr Clementis v. r.
Annex
General Convention
on social security between Czechoslovakia and France
On behalf of the Czechoslovak Republic!
On behalf of the Czechoslovak Republic and the French Republic, the following Convention has been negotiated with the Additional Agreement, the Special and Final Protocol:
Translation
GENERAL CONVENTION
on social security between Czechoslovakia and France
THE PRESIDENT OF THE CZECH REPUBLIC AND THE PRESIDENT OF THE FRENCH REPUBLIC, led by their wish to guarantee the benefits of the social security legislation in force in the two Contracting States, the persons for whom those legislation applies or applies, have decided to conclude the Convention and have appointed their agents for that purpose:
President of the Czechoslovak Republic, Dr Vladimir Clementis, Minister of Foreign Affairs; Mr Dr. Adolf Hoffmeister, Ambassador to the Czechoslovak Republic in France;
President of the French Republic, Mr Robert Schuman, Minister for Foreign Affairs; Mr Daniel Mayer, Minister of Labour and Social Security, who, having exchanged their powers of attorney and found them in good and proper form, agreed on the following provisions:
General principles
Czechoslovak or French nationals shall be subject to the relevant social security legislation referred to in Article 2 of this Convention and in force in Czechoslovakia or France and shall enjoy their benefits under the same conditions as nationals of each of these States.
Czechoslovak or French nationals who leave one of the two Contracting States where they have been subject to compulsory insurance to move to another State and do not fulfil the conditions laid down for an insurance obligation in that other State may voluntarily continue insurance under the same conditions and within the same period as insured persons whose insurance obligations in that State have ceased to exist.
The legal provisions on social security covered by this Convention are:
1. in Czechoslovakia:
(a) national insurance legislation;
(b) legislation on family allowances.
2. in France:
(a) general legislation on social security organisation;
(b) general legislation on social insurance of persons in non-agricultural professions, covering sickness, disability, old-age, survivors and maternity insurance;
(c) legislation on social insurance for workers and persons assimilated to them in agricultural professions, including the same risks and costs;
(d) legislation on family allowances;
(e) legislation on accident prevention and compensation for accidents at work and occupational diseases;
(f) specific social security systems in so far as they concern the risks or benefits covered by the legislation referred to in the preceding paragraphs, and in particular the social security system for workers in mines.
This Convention shall also apply to all legislative or regulatory acts which have amended or supplemented or which amend or supplement the legal provisions listed in Article 1 of this Article.
However, the following shall apply:
(a) legislative or regulatory acts relating to the new social security sector only if they have reached an arrangement between the Contracting States;
(b) legislative or regulatory acts which extend the systems in force to new groups of beneficiaries only if there are no objections to the Government of a participating State notified to the Government of the other State within three months of the official publication of those acts.
Czechoslovak or French nationals employed in one of the Contracting States shall be subject to the legislation in force at their place of employment. If they do not work, they shall be subject to the legislation in force at their place of residence.
The following exceptions shall apply from the principle set out in Paragraph 1 of this Article:
(a) employees or persons assimilated to them, employed in a Contracting State other than the State of residence by an undertaking having an establishment in the State of residence under which the local jurisdiction of insurance is normally governed, shall remain subject to the applicable legislation in the State of their permanent post, provided that their employment in the territory of the other State does not exceed six months; if, for unforeseen reasons, this employment would last longer than six months, the legislation in force in the State of permanent employment may exceptionally be applied, if the Government of the State of the occasional post so agrees;
(b) workers or persons assimilated to them in public or private transport undertakings of one of the Contracting States, employed in the other Contracting State either temporarily or as outpatient personnel, shall be subject solely to the provisions in force in the State in which the undertaking has its registered office;
(c) employees or persons treated as such in an official administrative service, seconded from one Contracting State to another, shall be subject to the provisions in force in the State from which they are seconded.
The highest administrative offices of the Contracting States may, by mutual agreement, provide for derogations from the provisions of paragraph 1 of this Article. They may also conclude that the exemption clause referred to in paragraph 2 will not be applied in certain specific cases.
The provisions of paragraph 1, Article 3 shall apply to staff or persons assimilated to them, whatever nationality, employed in the diplomatic or consular services of Czechoslovak or French, or who are in the personal service of officials of such representative posts.
However:
1. professional diplomatic and consular officials, including office officials, shall be excluded from the application of this Article;
2. workers or persons assimilated to them who have the nationality of a State represented by a diplomatic or consular post and are not definitively established in the State in which they are employed may choose between the application of the legislation of the State in which they work and between the application of the legislation of the State of which they are members.
Specific provisions
Insurance against sickness, maternity and death
Czechoslovak or French nationals who are transferred from one Contracting State to another and their authorised family members living with them in their common household in the new State of employment shall be entitled to sickness insurance benefits of that State provided that:
1. carry out in that State an insurance obligation;
2. the disease has occurred upon arrival in the territory of that State if the legislation which applies to them in their new place of employment does not contain more favourable conditions for the idea of benefits;
3. satisfy the conditions laid down for the use of these benefits by the legislature of the State of their new post, taking into account the periods of insurance completed gradually in both those States.
Czechoslovak or French nationals who are transferred from one Contracting State to another, as well as their authorised family members who live with them in a common household in the new State of employment, shall be entitled to maternity insurance benefits in that State provided that:
1. carry out in that State an insurance obligation;
2. satisfy the conditions laid down for the use of such benefits by the legislation of the State of their new place of employment, taking into account the period of insurance in the State of leaving and the later period of insurance in the State of their new post.
Czechoslovak or French nationals who move from one Contracting State to another shall be entitled to benefits in the event of death under the legislation of the Czechoslovak or French, according to the State of the new post, provided that:
1. carry out in that State an insurance obligation;
2. satisfy the conditions prescribed for the use of such benefits by the legislation of the State of their new post, taking into account the periods of insurance obtained gradually in both of these States.
Persons who have received a pension under this Convention on the basis of the sum of periods of insurance shall be entitled to benefits in kind for sickness and maternity insurance if they fulfil the conditions laid down in the legislation of the State of residence; the costs of such benefits are borne by the social security holders of the State in which they reside.
Invalidity insurance
For Czechoslovak or French nationals who have been insured gradually or alternately in both Contracting States in one or more disability insurance systems, the periods of insurance completed in those systems or recognised in those systems as equivalent to the periods of insurance - provided that those periods are not covered - both for entitlement to benefits in cash or in kind and for the maintenance or recovery of that entitlement.
Cash invalidity benefits shall be calculated in accordance with the legislation applicable to the insured on the day of the first medical detection of the disease or accident and shall be provided by the holder responsible under that legislation.
However, if, at the beginning of the calendar quarter in which the disease occurred, an invalid - formerly insured in the second State's disability insurance system - was not subjected to at least one year of legislation of the State in which the disease was detected, he shall receive cash benefits from the competent holder of the second State under the legislation of that State. This provision shall not apply if the invalidity is due to an accident.
If, following the cessation or withdrawal of the invalidity pension, the insured person recovers, the new benefits will be provided by the carrier who provided the pension initially granted - if the disability can be attributed to the illness or accident which was the reason for the pension.
An invalidity pension shall be converted - if necessary - into an old-age pension when the conditions laid down by the legislation of one of the two States participating in the old-age pension are met. In this case the provisions of Section 3 shall apply.
The highest administrative offices of the Contracting States shall, by mutual agreement, lay down the arrangements for medical and administrative checks on disabled persons.
Old-age and survivors' insurance (pensions)
For Czechoslovak or French nationals who have been gradually or alternately insured in both Contracting States in one or more systems of old-age or survivor's insurance (pensions), the periods of insurance completed in those systems or periods recognised by those systems as equivalent to those of insurance - provided that those periods are not covered - both for the purpose of obtaining entitlement to benefits and for the maintenance or recovery of that entitlement.
Where the legislature of one of the Contracting States provides for a condition for certain benefits to be awarded that periods are acquired in an occupation which is subject to a special insurance system, only periods obtained in the relevant special scheme or in special schemes of the other State shall be added up for the granting of such benefits. However, if there is no special system in one of the Contracting States for that occupation, the periods of insurance obtained in that profession in one of the systems referred to in paragraph 1 of this Article shall be added together.
The benefits for which the insured person may apply to the French carrier shall in principle be determined by reducing the amount of benefits to which the insured person would have been entitled if the total of the periods referred to in paragraph 1 of this Article had been obtained in the French system in proportion to the length of the periods completed in that system.
The benefits for which the insured person may apply to the Czechoslovak bearer shall in principle be assessed - in terms of components independent of the period lost in the insurance - in such a way that the amount of such components calculated as if the sum of the periods referred to in paragraph 1 were obtained in the Czechoslovak system is reduced in proportion to the length of the periods completed in that system.
The pension components that vary with the length of the insured period and are measured exclusively depending on the length of the period obtained in the Czechoslovak system shall not be reduced.
If, after adding up the periods referred to in Article 13 (1), the insured person does not comply simultaneously with the conditions prescribed by the legislation of the two States, he shall be entitled to a pension in each legislature to the extent that he fulfils those conditions.
Provisions common to invalidity and old-age and survivor's insurance (pensions)
Where the legislature of one of the Contracting States attaches certain benefits to residence conditions, such benefits may not be refused to Czechoslovak or French nationals if they reside in one of the two Contracting States.
Article 13 (3) and (4) shall only take account of periods of insurance in force in the system in which they were acquired and of a duration of at least one year in both Czechoslovakia and France.
If, under the legislature of one of the States, benefits are assessed on the basis of the average earnings for the whole or part of the period of insurance, the average earnings for the basis for the calculation of benefits paid by that State by an agreement between the highest administrative authorities of the Contracting States, except where part of the period applicable to the establishment of the average earnings has been obtained entirely within that State's system.
Let the residence be authorised in Czechoslovakia or France, the pension components paid under the legislature of one of the two States, as regards the provisions on the amount of the earnings and the competition of the pension with the earnings, be governed by the legislation under which those pension components are assessed.
This does not take into account the pension components provided under the second legislature system.
The details of the implementation of this Article shall be laid down by an administrative agreement.
Accidents at work and occupational diseases
The provisions contained in the legislation of the other State relating to accidents at work and occupational diseases and limiting the rights of foreigners or abolishing them as a result of their residence may not be applied against nationals of one of the Contracting States.
Increases or allowances granted after accidents at work under the legislation applicable in each of the two Contracting States shall continue to be granted to persons referred to in Article 19 who transfer their residence from one State to another.
If an employee who has received compensation for an occupational disease in one of the Contracting States applies to a disease of the same kind claims for compensation under the legislation of his new post in the other State, he must report to the competent holder of the other State the benefits and allowances previously received for the same disease.
The carrier providing new benefits and allowances shall take into account the previous benefits as if he had provided them himself.
General and various provisions
Mutual administrative assistance
The authorities and the social security holders of both Contracting States shall provide each other with services and assistance to the same extent as if they were implementing their own social security systems.
The benefits of the exemption from registration, office, stamp and consular fees under the laws of one of the Contracting States applicable to the instruments to be submitted to the administrative authorities or to the social security holders of that State shall be extended to similar documents to be submitted when implementing this Convention to the administrative authorities or to the social security holders of the other State.
All files, documents and documents to be submitted in implementation of this Convention shall be exempt from the legalisation visa of diplomatic and consular offices.
Communications sent by participants in the implementation of this Convention to the rightholders, offices and courts of one of the Contracting States competent in the field of social security shall be drawn up in the official language of the other State.
The appeals to be lodged within the prescribed time limit with the Office or the carrier of one of the Contracting States, responsible for receiving appeals in the field of social security, shall be deemed to have been duly filed if they have been lodged within the same time limit with the competent authority or carrier of the other State. In such a case, the latter office or carrier shall immediately refer the appeal to the appropriate place.
The highest administrative authorities of the Contracting States shall issue detailed directives for the implementation of this Convention or of the Additional Agreements which this Convention foresees if such Directives would require mutual agreement.
The same administrative authorities shall communicate to each other, in due time, any changes that take place in the legislation or in the administrative measures of their Member States where such changes and measures concern the systems listed in Article 2.
The competent authorities or departments of each of the Contracting States shall communicate the other measures to be taken in the implementation of this Convention in their State.
In each of the Contracting States, ministers - each in so far as they are concerned - whose competence is the system referred to in Article 2 shall be considered the highest administrative offices within the meaning of this Convention.
Miscellaneous provisions
Carriers to whom social security benefits are due under this Convention shall pay them in force in the currency of their State.
In the event that provisions are issued in one or the other of the Contracting States to restrict foreign exchange trade, measures shall be taken immediately by agreement between the two Governments in order to ensure the transfer of amounts due to either Party under the provisions of this Convention.
This Convention shall be without prejudice to the system rules referred to in Article 2 on the conditions for the participation of insured persons in elections to be held in the implementation of social security.
Formalities which require the legal or implementing provisions of one of the Contracting States to provide benefits to a social security holder outside their national territory shall also apply under the same conditions for both nationals and persons to whom such benefits are granted under this Convention.
The measures necessary for the implementation of this Convention in respect of the various types of social security in the systems referred to in Article 2 shall be the subject of one or more additional agreements. Such agreements may concern either the whole or part of the territory of the Contracting States.
Additional agreements which take place under the provisions of this Convention shall, in particular, adjust the ratio of workers in mines.
All difficulties in the implementation of this Convention shall be eliminated by common accord of the highest administrative offices of the Contracting States.
Had it not been possible to reach a solution in this way, the dispute would have been settled by arbitration under an organised agreement between the two governments. The arbitration panel shall decide on the dispute in accordance with the fundamental principles and in the spirit of this Convention.
This Convention will be ratified and instruments of ratification exchanged in Prague as soon as possible.
The Convention shall take effect on the first day of the month following the exchange of instruments of ratification.
The dates for the entry into force of the Additional Agreements referred to in Article 31 shall be laid down in those Agreements.
Benefits whose provision has been suspended by application of the provisions in force in one of the Contracting States because the beneficiary resides abroad shall be granted from the first day of the month following the date on which this Convention enters into force. Benefits which could not be granted for the same reason will be assessed and provided on the same day.
This paragraph shall apply only if applications are submitted within one year of the date on which this Convention enters into force.
The Additional Agreements referred to in Article 31 shall lay down the conditions and arrangements for the revision of claims previously assessed as well as those which have been renewed or assessed under the previous paragraph in order to bring their measurement into line with the provisions of this Convention or those agreements. If the claims previously measured were offset by their capitalised value, there is no reason to revise them.
This Convention shall be concluded for a period of one year. It will be resumed silently year after year, unless it is made known by a statement due to be communicated 3 months before the deadline.
In the event of termination, the provisions of this Convention and the Additional Agreements referred to in Article 31 shall remain in force for the entitlements acquired, irrespective of the restrictive provisions that the participating systems would include in the event of the insured person's stay abroad.
As regards the amounts of insurance periods completed before the date on which this Convention expires, the provisions of this Convention shall remain in force under conditions to be determined by the Additional Agreements.
On the date on which this Convention enters into force, all provisions contrary to it shall be repealed, in particular: 1. Article 3 of the Convention between Czechoslovakia and France on Immigration and Immigration of 20 March 1920, 2. The Interim Convention on Social Insurance between Czechoslovakia and France of 7 May 1945.
To confirm this, the relevant agents signed this Convention and attached their seals.
Done in duplicate in Paris, 20 March 1920.
Dr V. CLOMENTIS v. r. L. S.
Dr AD HOFFMEISTER v. r. L. S.
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Regulation Information
| Citation | Decree No 215 / 1949 Coll., on the Convention on Social Security with the Additional Agreement, the Special and Final Protocol between the Republic of Czechoslovakia and the Republic of France signed in Paris on 12 October 1948 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.10.1949 |
|---|---|
| Effective from | 01.07.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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