Act 248 / 2021 Coll.
Act amending Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws
Valid
Law
Effective from 01.07.2021
248
THE LAW
of 9 June 2021
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 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011 / 2011, Act No. 2011, Act No. 2011 / 2011, Act No. 2011, Act No. 2011, Act No. 2011 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, No.
1. Paragraph 39 (3) reads:
"(3) A decision on unemployment benefit shall be taken by the Regional Branch of the Labour Office if:
(a) unemployment benefit is not granted;
(b) unemployment benefit is granted in accordance with the second sentence of Paragraph 50 (3);
(c) there are reasonable doubts as to the duration of the last employment of the candidate under Paragraph 39 (1) (a);
(d) the applicant for employment has not duly demonstrated the average monthly net earnings (Paragraph 50) or there are reasonable doubts as to its amount;
(e) decide on objections pursuant to Paragraph 39a (3);
(f) the reason for the termination of the administrative procedure is given. ";
2. After Paragraph 39, the following Sections 39a and 39b are inserted:
Notification and objections
(1) Where the Regional Branch of the Office of Labour decides on unemployment benefit in cases where a decision is not taken, the jobseeker is obliged to deliver a written notice of unemployment benefit and its amount. This written notification shall be delivered to its own hands.
(2) An objection may be lodged against the procedure referred to in paragraph 1 within 15 days of the date of receipt of the notification. Opposition which has been submitted late shall not be taken into account.
(3) Opposition shall be lodged in writing at the Regional Office of the Labour Office which provides unemployment benefit. The Regional Branch of the Office of Labour shall, within 30 days of receipt of the objections, issue a decision on unemployment benefit.
Paragraph 36 (3) of the Administrative Regulation shall not apply in the case of notification of unemployment benefit under Section 39a. '
3. In the first sentence of Paragraph 42 (2) of the sentence in front of the semicolon, the words "if the employment office cannot find out for itself 'shall be inserted after the word" employment'.
4. In Paragraph 42, the following paragraph 3 is inserted after paragraph 2:
"(3) The Labour Office shall be entitled to obtain the data relevant to the granting and granting of unemployment benefits under paragraph 2 from the information systems maintained by the Czech Social Security Administration under the sickness insurance law, namely:
(a) the type of employment;
(b) duration of employment;
(c) pension periods;
(d) the amount of the average or likely monthly net earnings determined in accordance with the relevant legislation;
(e) the amount of the entitlement to severance payments, severance payments, severance payments, including information on whether they have been paid; and
(f) the manner and reason for the termination of employment. ';
Paragraph 3 shall become paragraph 4.
5. In Paragraph 104 (2), point (f) is deleted.
Points (g) and (h) shall be renumbered as points (f) and (g).
(6) Paragraph 115, including the title and footnotes 98 and 99, shall be deleted.
7. In Article 118 (5), the words "or breach of the grant agreement referred to in Article 115 'are deleted.
8. in Paragraph 119 (2), points (i) and (j) are deleted;
Point (k) shall be renumbered as point (i).
9. in Part Five, the following Title VII is inserted after Title VI:
CONTRIBUTION TO PARTIAL WORK
(1) The contribution at the time of partial work shall be granted to the employer in order to maintain the level of employment, subject to the conditions laid down for the period laid down by the Government's Decree pursuant to Article 120b. The period of grant shall not exceed 12 months.
(2) The contribution at the time of partial work may not be granted to the employer referred to in Paragraph 109 (3) of the Labour Code.
(3) The contribution at the time of partial work shall be granted to the employer per employee whose employment relationship shall be at least 3 months at the date of submission of the employer's notification under Paragraph 120e (1).
(4) The employer shall inform the staff member in writing prior to the submission of the notification referred to in Article 120e (1) that there has been an obstacle to work on the part of the employer on the basis of which the employer will receive a contribution at the time of partial work (Article 120c).
Activation of the contribution at the time of partial work
(1) The government, after consulting the Council of Economic and Social Agreement, shall determine the granting of the contribution at the time of partial work by means of a regulation where the economy of the Czech Republic or its sector is seriously threatened for economic reasons characterised by relevant economic indicators and their past and expected development, due to the emergence of a natural disaster in accordance with the directly applicable European Union108 law) or an epidemic, a cyber attack or other emergency situation which is a force majeure.
(2) A government regulation issued pursuant to paragraph 1 may restrict the provision of a contribution at the time of partial work to part of the territory of the Czech Republic or to the economic sector.
(3) In addition, a government regulation issued pursuant to paragraph 1 may limit the provision of a contribution at a time of partial work to a certain range of employers by establishing binding indicators for the employer. In such a case, a government order shall determine:
(a) the method of assessing the fulfilment of the mandatory indicators;
(b) a State authority which will be entitled to assess, control and issue an opinion on the fulfilment of binding indicators;
(c) the time limit for the opinion referred to in (b).
(4) The Government Regulation, issued pursuant to paragraph 1, shall determine the period during which the contribution shall be granted at the time of partial work, with the determination of the date on which it begins, and shall specify within the limits set out in Paragraph 120c (1) (a). (b) the extent of weekly working hours in which the employer is unable to allocate work to employees. The Government's regulation may, for the first time, set a maximum of 6 months for the duration of the contribution at the time of partial work and may be renewed repeatedly, but always by a maximum of 3 months, pending the exhaustion of its duration provided for in Paragraph 120a (1).
(1) A contribution at the time of partial work shall be granted to the employer for a full calendar month in which his staff are unable to carry out their work because of some of the obstacles to work under § 207 to 209 of the Labour Code which occurred with the employer in direct connection with some of the reasons for which the Government's regulation under § 120b (1) has been issued if the employer:
(a) pay such staff a salary of at least 80% of their average earnings; and
(b) does not allocate work to employees of at least 20% and not more than 80% of their weekly working time, as laid down in Section 84 of the Labour Code, to the relevant calendar month due to the obstacles at work, the condition being assessed cumulatively for all employees of the employer. For the employees of a part of that employer, the condition shall be assessed when the employer is divided into parts and the employer is not assigned to that part of the employer.
(2) The part-time allowance shall not be granted to a staff member for the period during which that staff member has been employed in accordance with Sections 86 and 87 of the Labour Code.
(3) Furthermore, no contribution shall be granted to the employer at the time of partial work
(a) for a calendar month for which the employer has not submitted a monthly summary within the period referred to in § 120e (7);
(b) for a period of 3 years from the date on which the decision to impose a fine on the employer for the possibility of carrying out illegal work pursuant to Article 5 (e) (3) becomes final.
Amount of contribution at time of partial work
(1) The contribution shall be granted to the employer only for the part of the week's working time of the employee for which the employer does not allocate the work, amounting to 80% of the compensation due to the employee under Paragraph 120c (1) (a), and the social security premiums and the contribution to the state employment policy calculated from this part of the remuneration payable by the employer under the Social Security Insurance and Employment Policy Act, which the employer is required to pay for its employees as a taxpayer, and the public health insurance premiums calculated from this part of the remuneration, which, under the Public Health Insurance Act, the employer is required to pay for his employees.
(2) The maximum contribution at the time of partial work is 1.5 times per month the average national economy wage for the first to third quarters of the calendar year preceding the calendar year in which the notification referred to in Article 120e (1) was submitted. The amount of the average wage for the first to third quarters will be declared by the Ministry on the basis of data from the Czech Statistical Office by a communication published in the Collection of Laws.
(1) At the time of partial work, the employer's contribution is provided by the Office of Labour on the basis of a written notification by the employer electronically according to the special legislature109), in Czech currency.
(2) The notification referred to in paragraph 1 shall include:
(a) the employer's identification data;
(b) the place and subject matter of the business or the place and subject matter of the employer's activities, and the details of the employer's parts, if the employer is subdivided into parts;
(c) the number of employees of parts of the employer, if the employer is divided into parts, and the total number of employees of the employer, if the employer is not divided into parts,
(d) the reason for granting the contribution at the time of partial work, including mandatory indicators, where provided for in Article 120b (3);
(e) the estimated period of implementation of the contribution at the time of partial work;
(f) the estimated number of employees to whom the contribution is to be granted at the time of partial work;
(g) the employer's declaration that:
1. the staff member to whom the contribution is to be granted at the time of partial work shall not be bound by the employment relationship for the reasons set out in paragraphs 52 (a) to (c) of the Labour Code, for the period for which the contribution is to be granted and for the period beginning on the day following the day on which the contribution was terminated at the time of partial work, the duration of which is equal to half the number of calendar months for which the contribution was granted, rounded up to the whole month,
2. on the basis of an agreement concluded with the Labour Office, it will allow staff members for whom the contribution will be granted at the time of partial work, to participate in activities secured, brokered or recommended by the Labour Office as candidates for employment in the employment register of the Labour Office or to participate in the retraining of staff (§ 110);
3. During the period of the contribution, at the time of partial work, no other funds will be used for the same purpose from the state budget, the budget of the local authorities, the higher local authorities, the European Structural and Investment Funds or other European Union programmes and projects, or from other public sources;
4. in the calendar month preceding the entry into force of the Decree of the Government issued pursuant to Article 120b (1), it did not pay the members, members or shareholders or persons controlled or controlled by them an extraordinary share of profits, nor did it otherwise allocate their own resources between them or provide them with other extraordinary benefits, including early repayment of loans or loans, and it will not do so either during the period of the grant at the time of partial work or during the 12 calendar months following the month in which the grant is terminated.
(3) The employer shall attach to the notification referred to in paragraph 1 a proof of the employer's account in a money institution held in the Czech Republic. The employment office may require additional documents certifying the facts specified in the notification.
(4) The notification referred to in paragraph 1 shall be made within the local jurisdiction of the Regional Branch of the Labour Office in whose territory the employer, who is a legal person, or in whose territory the employer who is a natural person is resident.
(5) The employer who has submitted the notification referred to in paragraph 1 is obliged to submit electronically, in accordance with the special legislature109, for the application of the right to payment of the allowance at the time of partial work for the calendar month in question) A monthly overview of the cost of compensation for employees' salaries
(a) the identification details of all staff members to whom the contribution is to be granted at the time of partial work, indicating the amount of compensation for the salary for the relevant calendar month;
(b) the date on which the employment and the length of the weekly working hours of the individual staff members are created, including information that the employment is for an indefinite period or for a specified period and the duration of that period;
(c) the amount of the contribution at the time of partial work for each employee;
(d) the number of hours allocated to individual employees under Section 84 of the Labour Code;
(e) the number of hours of the duration of the obstacle to work for individual staff members under Paragraph 120c (1);
(f) registration of hours worked by individual employees under Section 96 of the Labour Code,
(g) the amount of the average earnings per employee.
(6) The employer shall attach additional documents certifying the facts set out in the monthly overview of the cost of compensation for employees' salaries if required by the Labour Office.
(7) A monthly overview of the cost of compensation for employees' salaries shall be submitted by the employer to the Labour Office no later than the 20th day of the calendar month following the calendar month for which the contribution is granted at the time of partial work.
(1) The contribution shall be granted on a monthly basis at the time of partial work and shall be payable within 8 calendar days of the date of receipt of the complete and duly completed summary referred to in Section 120e (5) of the relevant Regional Branch of the Labour Office.
(2) The Office of Labour shall give notice of the grant at the time of partial work.
(3) The contribution granted at the time of partial work per employee or proportion thereof shall be returned by the employer if:
(a) he has been wrongly or wrongly paid on the basis of incorrect information; or
(b) has failed to fulfil the obligation arising from its declaration under Paragraph 120e (2) (g).
(4) The deadline for fulfilling the obligation referred to in paragraph 3 shall be 30 calendar days from the date of receipt of the call by the Labour Office for a refund at the time of partial work or a proportion thereof by the employer. The non-repayment of the contribution at the time of partial work or of the proportional part thereof within the prescribed period is a breach of budgetary discipline and will be penalised by a levy under the special legislature46).
(5) The contribution at the time of partial work is not considered to be a subsidy under special legislation46).
(6) The contribution at the time of partial work provided to the employer referred to in paragraph 1 shall not be punishable by the execution of a decision or execution against the employer as compulsory.
(108) Article 50 (1) of Commission Regulation (EU) No 651 / 2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in accordance with Articles 107 and 108 of the Treaty.
109) Act No. 297 / 2016 Coll., on Trust Services for Electronic Transactions, as amended. '
10. The following Section 147ba is inserted after Section 147b:
The employer who notifies the competent district social security administration of the date of termination of the period of employment with the employee pursuant to § 94 (1) of the sickness insurance law shall also notify the district social security administration of the information referred to in § 42 (3) in accordance with § 94 (5) of the sickness insurance law within 8 calendar days of the end of the period of employment of that employee. '
Transitional provision
Unemployment aid procedures which have not been definitively concluded before the application of this law shall be completed in accordance with existing legislation.
Amendment to the sickness insurance law
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 Coll.
1. In Paragraph 94, the following paragraph 5 is added:
"(5) The notice referred to in paragraph 1 on the date of termination of employment with the employee shall also include the information required under Article 42 (3) of the Employment Act for the granting and granting of unemployment benefit, where this notification concerns the persons employed. ';
2. In Paragraph 116, the sentence "The Czech Social Security Administration shall, at the request of the authorities providing unemployment aid, communicate the data required under Section 42 (3) of the Employment Act for the granting and granting of unemployment benefits received under Section 147ba of the Employment Act."
3. In Paragraph 116 (4), the words "paragraphs 2 and 3 'are replaced by the words" paragraphs 2 and 3 of the first sentence'.
4. In Paragraph 116, the sentence "The details referred to in paragraph 3 of the last sentence shall be communicated in a way that allows remote access' shall be added at the end of paragraph 4.
5. In Section 122, the following paragraph 5 is added:
"(5) The register of insured persons, the administrator of which is the Czech Social Security Administration, shall also keep the information required under Section 42 (3) of the Employment Act for the granting and granting of unemployment benefits communicated by the employer pursuant to Section 94 (5) for a period of 15 years following the year in which the information was entered in the register of insured persons. '
6. In Article 131 (1) (f), the words "for insurance purposes' shall be inserted after the words" the district social security administration '.
Amendment of the Labour Code
In Section 209 (1) of Act No. 262 / 2006 Coll., Labour Code, the words "(partial unemployment) 'are deleted.
Amendment of the law amending certain laws in connection with the adoption of the Law on the Collection of Laws and International Treaties
In section 48th of Article XLIX amendment point 1 of Act No. 277 / 2019 Coll., amending certain laws in connection with the adoption of the Law on the Collection of Laws and International Treaties, the words "and in § 114 (2) last sentence 'are replaced by the words", § 114 (2) last sentence and § 120d (2)'.
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication, with the exception of that part of the fourth which shall take effect on 1 January 2022, and Article I (3), (4) and (10) and (2), which shall take effect on the first day of the 10th calendar month following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 248 / 2021 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 | 30.06.2021 |
|---|---|
| Effective from | 01.07.2021 |
| Effective until | - |
| Status | Valid |
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