Act No. 220 / 2002 Coll.
Act amending Act No. 1 / 1991 Coll., on Employment, as amended, and Act No. 9 / 1991 Coll., on Employment and Jurisdiction of the Bodies of the Czech Republic on Employment, as amended
Valid
Law
Effective from 28.05.2002
Text versions:
01.05.2004
28.05.2002
220
THE LAW
of 26 April 2002
amending Act No. 1 / 1991 Coll., on Employment, as amended, and Act No. 9 / 1991 Coll., on Employment and Jurisdiction of the Bodies of the Czech Republic on Employment, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Employment Act
Act No. 1 / 1991 Coll., on Employment, as amended by Act No. 305 / 1991 Coll., Act No. 578 / 1991 Coll., Act No. 231 / 1992 Coll., Act No. 307 / 1993 Coll., Act No. 39 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 289 / 1997 Coll., Act No. 167 / 1999 Coll., Act No. 118 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 369 / 2000 Coll., Act No. 474 / 2001 Coll., Act No. 2 / 2002 Coll., and Act No. 151 / 2002 Coll., is amended as follows:
1. In the first sentence of Paragraph 1 (1), the comma after the word "family 'shall be replaced by a dot and the words" except where the law so provides or there is a substantive reason for that, consisting of the assumptions, requirements and nature of employment which a citizen should carry out and which is necessary for the performance of that employment' shall be deleted and the following sentences shall be added at the end of the paragraph: "There shall also be prohibited such conduct which discriminates not directly, but only in its consequences, as well as those involving discrimination. Discrimination shall not be regarded as a case where this law or special legislation so provides, or there is a substantive reason for that, consisting of the nature of the employment which a citizen should be employed and which is necessary for the pursuit of that employment. ';
2. In the second sentence of Article 2 (2), the words "may be recruited and 'shall be inserted after the semicolon.
3. in Article 2, paragraphs 4 to 7 are added, including footnotes 33a) and 33b):
"(4) Citizens of the Member States of the European Union (hereinafter referred to as" citizens of the European Union ") and their family members have the same legal status in the legal relations governed by this law as citizens of the Czech Republic, unless otherwise provided for in this law.
(5) A family member of a citizen of the European Union, irrespective of his nationality, shall have the same legal status in the legal relations governed by this law as a citizen of the Czech Republic if he is a family member of a citizen of the European Union who:
(a) he is employed or self-employed in the territory of the Czech Republic;
(b) has a permanent residence permit in the territory of the Czech Republic, is not employed or engaged in a self-employed activity, but has exercised the right to remain in the territory of the Czech Republic after the end of the employment or self-employed activity in accordance with the law of the European Community33a; or
(c) has a permanent or temporary residence permit under special legislation. 33b)
(6) A family member of a citizen of the European Union, for the purposes referred to in paragraph 5 (a) and (b), means his or her husband or wife, a child under the age of 21 and a child older, if he or she is considered unprovided under paragraph 7. For the purposes referred to in point (c) of paragraph 5, a family member shall be understood as a spouse or child only if he fulfils the condition of insecurity referred to in paragraph 7.
(7) For the purposes of this Act, a child who:
(a) is constantly preparing for a future occupation, if it is linked by nutrition to a citizen of the European Union;
(b) it cannot continuously prepare for a future occupation or pursue a gainful occupation for sickness or accident; or
(c) for reasons of long-term unfavourable health, is unable to pursue a continuous gainful activity.
33a) Council Regulation (EEC) No 1612 / 68 on the free movement of workers within the Community. Council Directive No 75 / 34 / EEC on the right of nationals of a Member State to remain on the territory of another Member State after having ceased their self-employment.
33b) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended by Act No. 140 / 2001 Coll. '
4. In Article 2c (b), the words "or in professional practice through organisations accredited by the Ministry of Education, Youth and Sports' shall be added at the end.
5. Paragraph 3 (2) reads as follows:
"(2) Securing a state employment policy includes in particular:
(a) the continuous monitoring and evaluation of the labour market situation, the preparation of forecasts and employment concepts and programmes for the continued employment of citizens;
(b) the implementation of an active employment policy;
(c) coordination of human resources and employment development measures with the European Employment Strategy;
(d) creation and involvement in international and bilateral programmes related to the development of human resources, employment and the labour market;
(e) the management of resources for employment policy;
(f) provision of information, advisory and brokering services on the labour market;
(g) provision of physical unemployment insurance;
(h) measures to promote and achieve equal treatment between men and women, people with altered working capacity and other groups of citizens who have a difficult labour market position in terms of access to employment, retraining, preparation for work and specialised courses;
(i) measures for the employment of people with altered working capacity and other groups of citizens who have a difficult labour market position;
j) directing employment of labour from abroad to the Czech Republic and from the Czech Republic to abroad.
The measures referred to in points (h) and (i) shall not be regarded as discrimination. ';
6. the following paragraph 3 is added to Article 3, including footnote 38a:
"(3) Active employment policy means a summary of measures aimed at balancing the labour market. An active employment policy shall be provided by means of funds earmarked for employment policy. In the framework of an active employment policy, the Ministry and labour authorities may contribute to the instruments of an active employment policy governed by this Act (Sections 10, 11, 20 and 22), special legislation 38a) and regional and national programmes and measures, including international employment programmes.
38a) For example, Sections 5, 5a, 6, 6a, 6b of Act No. 9 / 1991 Coll., on Employment and Jurisdiction of the Bodies of the Czech Republic on the Employment Sector, as amended. "
7. Paragraph 4 (3) shall be added at the end of the paragraph "; in cases provided for by an international treaty to which the Czech Republic is bound and which has been declared in the Collection of Laws or in the Collection of International Treaties, they may facilitate employment from the territory of the Czech Republic abroad and from abroad in the territory of the Czech Republic '.
8. In Article 5a, the following paragraph 7 is added:
"(7) A citizen of the European Union shall fulfil the conditions for granting an authorisation for employment mediation
(a) permanent residence by submitting a residence permit;
(b) professional competence and practice by proving the evidence necessary for the granting of an authorisation for employment in the Member State of which he is a citizen.
Compliance with the conditions set out in this paragraph shall also apply to a family member of a citizen of the European Union. Professional competence and practice shall be assessed for a family member who is not a citizen of the European Union in accordance with the conditions applicable in the Member State of the European Union citizen of whom he is a family member. ';
9. § 5c, including footnote 39a, reads:
(1) Information on citizens and employers may be obtained, processed and communicated only for the purpose of employment mediation, unless otherwise provided in specific legislation.
(2) The processing of personal data concerning persons to whom the employment is facilitated by the employment office or by an authorised legal or natural person and the transfer of data abroad for the purpose of the mediation of employment shall not require the consent of the persons to whom the data relate or the authorisation of the Office for the protection of personal data under specific legislation. 39a)
39a) Paragraph 27 (2) (g) and paragraphs 4 and 5 of Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended by Act No. 177 / 2001 Coll. '
10. in Article 6 (2), the sentence "A citizen of the European Union and his family members (§ 2 (4) to (6)) shall be added at the end of the paragraph, to the employment agency responsible for the permanent or temporary residence indicated on the residence permit. 33b) '.
11. in Paragraph 8 (1), the second sentence is deleted;
12. in Article 9 (1) (c), the words "breastfeeding women" shall be inserted after the words "pregnant women."
13. Paragraph 21 (6) is deleted.
Amendment of the Employment Act and the competence of the Czech authorities on the employment section
Act No. 9 / 1991 Coll., on Employment and Jurisdiction of the Bodies of the Czech Republic on Employment, as amended by Act No. 64 / 1991 Coll., Act No. 272 / 1992 Coll., Act No. 84 / 1993 Coll., Act No. 39 / 1994 Coll., Act No. 74 / 1994 Coll., Act No. 160 / 1995 Coll., Act No. 167 / 1999 Coll., Act No. 72 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 271 / 2001 Coll., and Act No. 453 / 2001 Coll., is amended as follows:
1. in Article 11 (k):
"(k) grant or withdraw authorisations to legal or natural persons for the performance of employment mediation; the authorisation may also be granted or withdrawn for employment mediation abroad. Intermediate employment abroad can only be authorised if it is carried out in accordance with the international treaties that the Czech Republic is bound by and which have been published in the Collection of Laws or the Collection of International Treaties, '.
2. Paragraph 11 (l) reads:
"(l) cooperate with the competent authorities of the State in developing international relations with regard to national employment policy, in particular in the preparation of international agreements, and ensure the implementation of commitments arising therefrom;"
3. In Article 11, at the end of point (m), the dot is replaced by a comma and the following points (n), (o) and (p) are added:
"(n) coordinate activities within the European employment services system 8c) secured by selected labour authorities;
o) ensure international cooperation on the employment sector and cooperation with the European Communities and manage human resources development programmes;
(p) cooperate with the competent public authorities of the Member States of the European Communities in relation to the posting of staff to work on the territory of another Member State. 8d)
(c) Council Regulation (EEC) No 1612 / 68 on the free movement of workers within the Community.
8d) § 6 of the Labour Code. '.
4. in Article 12 (1) (b), including footnote 10, the following shall be added:
"(b) mediates suitable employment for jobseekers and jobseekers, 10) including employment mediation from the Czech Republic to abroad and from abroad to the Czech Republic,
10) Article 1 (4) of Act No. 1 / 1991 Coll., on Employment, as amended by Act No. 167 / 1999 Coll. '.
5. In Section 12, footnote 9 is deleted, including the footnote references.
6. In Paragraph 12, the dot is replaced by a comma at the end of paragraph 1 and the following points (u), (v), (x), (y) and (z) are added:
"(u) cooperate with public authorities and local authorities, employers and other legal or natural persons in developing and implementing measures related to the development of the labour market and employment;
(v) ensure and support materially the programmes and measures related to the development of human resources in its territorial area, including participation in international programmes and programmes with international participation;
(x) verifies the new instruments of active employment policy within the framework of employment programmes and programmes of the European Communities;
(y) attests to a citizen of a Member State of the European Union (hereinafter referred to as "a citizen of the European Union") for the purposes of a permanent or temporary residence permit the duration of the holding on the record of applicants for employment;
(z) attests to a seasonal staff member who is a citizen of the European Union for the purpose of granting a permanent or temporary residence permit, his contract of employment, employment agreement or employment agreement. ';
EFFECTIVE
This Act shall take effect on the date of its publication, with the exception of Article I (3), (8) and (10) and Article II (6) as regards Article 12 (1) (y) and (z), which shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 220 / 2002 Coll., amending Act No. 1 / 1991 Coll., on Employment, as amended, and Act No. 9 / 1991 Coll., on Employment and Jurisdiction of the Bodies of the Czech Republic on Employment, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.05.2002 |
|---|---|
| Effective from | 28.05.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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