Government Decree No. 228 / 2000 Coll.
Government regulation on the compulsory share of the number of citizens with altered working capacity in the total number of employees of the employer
Valid
Effective from 26.07.2000
Text versions:
26.07.2000
228
GOVERNMENT REGULATION
of 21 June 2000
determining the compulsory proportion of the number of citizens with altered working capacity in the total number of employees of the employer
The Government orders the implementation of 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., and Act No. 155 / 2000 Coll., ("Act '):
The mandatory proportion of the number of citizens with altered works1) in the total number of employees of employers with more than 20 employees is 5% ("the compulsory proportion ').
For the purpose of employing citizens with a reduced capacity for work equal to the compulsory share referred to in Article 24 (3) (a) of the Act, each employee with a reduced capacity for work with a more severe disability (m2) shall be counted three times.
For the purpose of fulfilling the obligation to employ citizens with a reduced capacity for work equal to the compulsory share provided for in Article 24 (3) (b) of the Act, a specified number of employees employed by an employer who employs more than 55% of employees with an altered capacity from whom the employer collects products or has commissioned a production programme shall be included. The method of determining that number is set out in the Annex to this Regulation.
For the purposes of determining the mandatory share in the reference calendar year, the average annual number of employees to be calculated over the reference year shall be the proportion of the total number of hours worked by all employers' employees, increased by hours worked in progress as a result of the recovery, labour and incapacity allowance for which sickness insurance benefits are provided and the total annual working time fund per employee working for the full working hours laid down in the specific legislation.3)
In the calculations provided for in this Regulation, the average number of employees recorded shall be rounded to the nearest integer from half upward.
This Regulation shall not apply to employers who employ members of the Fire Department of the Czech Republic, 4) as regards the employment of those members.
Government Decree No 384 / 1991 Coll., on determining the compulsory share of citizens with altered working capacity in the total number of employees of the employer, is hereby repealed.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Zeman v. r.
Minister for Labour and Social Affairs:
PhDr. Špidla v. r.
Annex to Government Decree No 228 / 2000 Coll.
Method of determining the number of employees of the employer
I. Determination of the number of employees of the employer pursuant to Article 3 of this Regulation:
(a) in the case of the removal of products according to the formula:
PZ = CP1orP2 where
PZ is the number of employees the employer counts in the compulsory share,
C is the price of products taken by the employer in the reference year from an employer who employs more than 55% of the staff with altered working capacity,
P1 is the productivity of the employer's work, which employs more than 55% of the staff with altered working capacity in the previous calendar year,
P2 is the productivity of the employer's work, which employs more than 55% of staff with altered working capacity over the calendar year in question;
(b) where production programmes are entered in accordance with the formula:
PZ = DP3 where
PZ is the number of employees the employer counts in the compulsory share,
D is the total revenue of the employer, which employs more than 55% of the staff with altered working capacity, from the specified production programme in the reference calendar year,
P3 is the productivity of the employer's work, which employs more than 55% of the staff with altered working capacity over the calendar year.
Where an employer employing more than 55% of staff with altered working capacity has a protected workshop or workplace involved in the production of the products collected or in the production programmes entered, the value of labour productivity P1, P2 and P3 shall be multiplied by 0,5.
II. The productivity of the employer's work for the purposes of the calculation referred to in point I. shall be calculated:
(a) for an employer who has carried out his activity in the calendar year preceding the calendar year for which the performance of the compulsory share is monitored, in accordance with the formula:
P1 = T1A1 where
P1 is labour productivity for the previous calendar year,
T1 is the total sales of own products and services for the previous calendar year,
A1 is the average annual number of employees in the previous calendar year recorded in accordance with Article 4 of this Regulation;
(b) in the case of an employer who has commenced the exercise of his activity in the reference calendar year for which the performance of the compulsory share is monitored, in accordance with the formula:
P2 = T2A2 where
P2 is labour productivity over the reference calendar year,
T2 is the total sales of own products and services for the calendar year in question,
A2 is the average annual number of employees in the reference calendar year determined in accordance with Article 4 of this Regulation;
(c) for an employer to whom a production programme has been awarded, according to the formula:
P3 = T3A3 where
P3 is labour productivity over the reference calendar year,
T3 is the total sales of own products and services for the calendar year in question,
A3 is the average annual number of employees in the reference calendar year determined in accordance with Article 4 of this Regulation.
1) Article 21 of Act No. 1 / 1991 Coll., on Employment, as amended by Act No. 160 / 1995 Coll.
2) § 21 paragraphs 3 and 4 of Act No. 1 / 1991 Coll.
3) Section 83 of the Labour Code. Decree No. 63 / 1968 Coll., on the principles for reducing weekly working time and for implementing operating and working arrangements with a five-day working week. Decree No. 121 / 1982 Coll., on certain adjustments to working time.
4) Act No. 133 / 1985 Coll., on Fire Protection, as amended by Act No. 425 / 1990 Coll., Act No. 40 / 1994 Coll., Act No. 203 / 1994 Coll., Act No. 163 / 1998 Coll. and Act No. 71 / 2000 Coll.
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Regulation Information
| Citation | Decree of the Government No. 228 / 2000 Coll., on determining the mandatory proportion of the number of citizens with altered working capacity in the total number of employees of the employer |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.07.2000 |
|---|---|
| Effective from | 26.07.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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