Decree No. 262 / 1990 Coll.
Decree of the Federal Ministry of Labour and Social Affairs amending and supplementing Decree of Prime Minister No. 91 / 1958 Coll., which publishes the measures of the Central Council of Trade Unions on the organisation and implementation of staff sickness insurance
Valid
Effective from 01.07.1990
262
DECLARATION
Federal Ministry of Labour and Social Affairs
of 25 June 1990
amending and supplementing Prime Minister Decree No. 91 / 1958 Coll.
The Federal Ministry of Labour and Social Affairs provides in agreement with the Ministry of Health and Social Affairs of the Czech Republic and the Ministry of Health and Social Affairs of the Slovak Republic pursuant to § 63 (1) of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 180 / 1990 Coll.:
Decree of Prime Minister No. 91 / 1958 Coll., which publishes the measures of the Central Council of Trade Unions on the organisation and implementation of staff sickness insurance, as amended by Decree No. 191 / 1960 Coll., Decree No. 6 / 1967 Coll., Decree No. 178 / 1968 Coll. and Decree No. 123 / 1990 Coll., are amended as follows:
1.
The sickness insurance of staff and citizens assimilated to them in that insurance (hereinafter referred to as "sickness insurance") shall be carried out in establishments and in the competent sickness insurance authorities (hereinafter referred to as "the competent authority." '
Section 2 is deleted.
3.
The income and expenditure of sickness insurance shall be part of State revenue and expenditure. ';
4. In Paragraph 5 (1), the second sentence is: "A race shall also mean an employer who has fewer employees if he has another organisation to register his wages."
5. the following paragraph 3 is added:
"(3) Where the number of employees exceeds or below the number referred to in paragraph 1, a small establishment shall be considered a small establishment as a small establishment only for the period of the calendar month following the month in which the change occurred. In the event of such a change for a transitional period not exceeding three calendar months, the competent authority may determine who will carry out the sickness insurance of employees of such an establishment (small establishment) during that period.
6. In Article 6 (2), the words "district management of sickness insurance 'are replaced by the words" competent authorities'.
Section 7 is deleted.
8. In Paragraph 8 (1), the words "Revolutionary Trade Union Movement 'are deleted.
9. Paragraph 8 (2) shall be deleted.
10. In Paragraph 8 (4), the words "Central management of sickness insurance (" Central administration ") based in Prague" are deleted.
11. in Article 8 (6), the third sentence is deleted.
12. Sections 10 and 10b are deleted.
13. in Article 11 (1), the words "to be published by the Central Administration" shall be deleted.
14. in Article 11 (3), the words "and staff of the Administration" shall be deleted.
15. In Paragraph 11 (5), the second sentence is deleted.
16. In Section 12, the words "and its superior bodies" are deleted in the title.
17.
"(7) If the establishment in which the insurance was carried out is destroyed, the manager or, where appropriate, the legal successor of the establishment, or whoever is responsible for the liquidation of the establishment, shall be obliged to arrange for the staff who are entitled to benefits at the date of termination of the establishment to be paid or paid. If he cannot immediately send the documents and records necessary to assess the entitlement to benefits, or, where appropriate, for the further payment of the benefits of the establishment or of the institution which takes over the insurance of those employees, he shall immediately forward them to the sickness insurance authority responsible for the current establishment. ';
18. In Paragraph 13 (1), the words "competent regional authorities' are replaced by the words" competent authority '.
19. In Paragraph 13 (3), the words "belonging to the trade union" shall be deleted.
20. Paragraph 13 (4) reads as follows:
"(4) Where a plant fails to comply with the obligations laid down in the preceding paragraphs, the competent authority may prescribe a penalty payment of between 500 Kns and 5000 Kks. ';
21. Paragraph 14 (1) (d) shall be deleted.
22. in Paragraph 14 (1) (f), the words "or civil" shall be inserted after the words "military."
23. Paragraph 14 (3) shall be deleted.
24. in Article 15 (2), the words "Central administration, Czech administration or Slovak administration" shall be replaced by the words "competent authorities of the Republic's sickness insurance in agreement with the Federal Ministry of Labour and Social Affairs."
25. Paragraph 15 (3) shall be deleted.
26. Sections 16 and 17 are deleted.
27. in Paragraph 18, in the title and paragraph 1, the word 'trade union' is replaced by 'competent';
28. Article 19 (1) reads as follows:
"(1) The funds intended to carry out sickness insurance shall be managed by the competent authorities."
29. in Paragraph 20 (2), the provisions of point (c) are deleted and in the provisions of the letter (e) the words "in the register" are replaced by the words "in the competent authority."
30. In Paragraph 21 (1), the following sentence is inserted after the first sentence: "Only the salaries of the activities which constitute participation in sickness insurance shall be included in this total. '
31. In Section 23, the following sentence is inserted after the first sentence: "In establishments where the pay of wages for individual sections (establishments, workshops) is spread over different days, the due date of the premiums for the whole plant is the day of the last payment of the paid wages for the previous calendar month. '
32. in Article 24 (1), the words "pursuant to Article 16" shall be deleted.
33. In Article 24 (2), the words "the regional administration responsible for it (Article 10 (3) and (4)) 'are replaced by the words" the competent authority'.
Article 34 (25) and (26) read:
(1) Where a plant pays premiums as part of a contribution from the amount of med1) or a tax on the amount of wages, 2) or as part of a tax on the amount of wages and remuneration, (3) where appropriate, it is incorporated into such an organisation, it shall only report to the competent authority on the prescribed statement of benefits the amounts charged.
(2) The plant presents a statement of benefits and collects the funds to cover them through a branch of the Czechoslovak Money Institute with which the sickness insurance fund is held by the competent authority. The statement of benefits, together with the corresponding transfer order, shall be submitted by the establishment to that branch for each calendar month at the latest on the day that the establishment is designated for the payment of wages and salaries for the month covered by the statement. The cash institution shall not execute the order unless supported by a statement of benefits.
(3) If the plant has wrongly levied a payment for benefits which it may not show and pay under Paragraph 24 (2), the competent authority shall prescribe for it an insurance premium equal to the amount of the wrongfully collected payment. This premium shall be paid in full within 15 days of receipt of the payment notice directly to the competent authority in favour of the sickness insurance fund account.
(4) The provisions of the preceding paragraphs shall also apply to budgetary and contribution organisations in respect of which the insurance is compensated by an appropriate adjustment to their budgets.
(1) A plant not covered by Section 25 is required to calculate the premiums for each calendar month itself and to report them together with the levies charged for that month to the competent authority on the prescribed statement of premiums and benefits.
(2) The statement of premiums and benefits is submitted by the plant to the competent authority through the branch of the Czechoslovak Money Institute with which the plant has its account. At the same time, it shall submit to that branch an order to pay the difference between insurance premiums and benefits in favour of the sickness insurance fund account administered by the competent authority. The plant shall be obliged to present these documents no later than the day on which the plant is designated for the payment of wages and salaries for the month covered by the report and, if not specified, no later than 8 days after the end of the month covered by the report. However, if the benefits are higher than the insurance premiums, the plant shall submit a statement of premiums and benefits to the branch of the Czechoslovak Money Institute with which the competent authority has the account, together with a statement to cover the difference between the sickness insurance funds account managed by the competent authority.
(3) If the plant does not have an account with a branch of the Czechoslovak Money Institute, it shall submit the statement of premiums and benefits directly to the competent authority no later than 8 days after the due date of the premium and at the latest by the same time pay him the difference by which the premium exceeds the benefits. If the benefits are higher than the insurance premiums, the competent authority shall pay the amount due to the establishment within 8 days from the date on which the statement was received.
(4) The competent authority shall prescribe, by the payment period of the establishment referred to in paragraph 1, insurance premiums if the establishment:
(a) it has not declared them at all or calculated them and has reported them incorrectly at a lower rate; or
(b) incorrectly deduct from insurance benefits which, pursuant to Article 24 (2), may not be recognised and paid, thereby shortening the undue contribution.
If the plant does not provide the supporting documents necessary to establish the correct amount of the premiums it was due to pay, the competent authority may prescribe the premium according to the ratios in the similar plant of approximately the same size. The prescribed premium shall be paid by the plant within 15 days of the date of delivery of the payment notice in full to the competent authority for the benefit of the sickness insurance fund account. ';
35. in Article 27 (1), the words "district management" shall be replaced by the words "competent authority" and the words "payment account" shall be inserted after the words "establishment";
36. In Paragraph 27 (2), the first dot is replaced by a comma at the end of the sentence and the following words are added: "or up to 5% of the total of the employees' wages of the internal organisational unit of the establishment, if the deficiencies identified relate exclusively to that unit."
37. in Article 27 (3), the words "competent regional authority" shall be replaced by the words "competent authority";
38. In Paragraph 28 (1), the words "regional administration 'are replaced by the words" competent authority' and the rate "0,05% 'is replaced by" 0,1%'.
39. in Paragraph 28 (2), "0,05%" is replaced by "0,1%" and "Regional administration" is replaced by "competent authority."
40. Paragraph 28 (3) reads:
"(3) If, within the prescribed period, the plant has not properly completed the statement of benefits (§ 25) or the statement of premiums and benefits (§ 26), or if it has not reported in the transfer order (§ 25) or in the order to pay the difference between insurance premiums and benefits (§ 26) correctly and completely all the requirements, the competent authority may prescribe a penalty payment rate of between 500 CZK and 5000 CZK. '
41. The following Section 28a is inserted after Section 28:
Forms of payment notice decision
The payment notice shall contain, in addition to the generally defined requirements of the decision5) the indication of the establishment to which it is prescribed and the instruction on enforceability. The payment notice for insurance premiums (§ 25 (3) and § 26 (4)) shall also include a lesson on the obligation to pay periodic penalty payments pursuant to § 28 (2). "
Article 42 (29) reads:
Statement of premiums arrears
(1) Claims on insurance premiums, including its accessories and periodic penalty payments, may be reported by the competent authority to the establishment by a statement of premiums arrears. The cost of the recovery of the premium is an allowance for insurance premiums.
(2) The statement of arrears of premiums shall show arrears according to the status of the establishment account at a specific date. This situation arises from the amounts declared by the plant itself (Sections 25 (1) and 26 (1)), from the amounts prescribed by the payment order, from the penalty payments and from the accessories after deduction of payments made. The statement of arrears shall include the designation of the competent authority issuing the statement, the indication of the establishment to which premiums are recognised, the amount due and the date on which they were found, any periodic penalty payments and the accessories to be paid with the outstanding amount reported, as well as the date and signature of the authorised representatives of the issuing authority. The statement of arrears shall be delivered in the same way as the decision. ';
43. In Paragraph 31 (2), the words "Regional Administration" and "Regional Administration" are replaced by the words "Competent Authority" and "Competent Authority."
44. Paragraph 35 (1) and (2) reads as follows:
"(1) The purpose of the benefit procedure is to decide on cash benefits of sickness insurance and on child benefits (" benefits').
(2) The decisions on spa care are governed by specific rules. "
45. Paragraph 36 (1) reads as follows:
"(1) The entitlement to benefits shall apply to the department or worker designated by the plant."
46.
"Dose decision
The decision of the competent authority on the levy shall be notified by the service of its written copy to the establishment which shall implement it.
(1) The procedure for the refund of the excess levy resulting from the fault of the recipient of the benefit (6) is initiated on the basis of a proposal from the establishment which paid the levy or on the initiative of the competent authority. the race is also a party to this proceeding.
(2) The decision on the obligation to repay the excess levy shall determine that the recipient of the levy is obliged to pay it to the person who paid the levy. The amount of the excess paid or recovered shall be reduced by the establishment by the type of benefit in question in the next statement of benefits (the statement of premiums and benefits) if it has not already been paid [Sections 25 (3) and 26 (4) (b)]. '
47. Paragraph 39 repeals paragraph 4 and paragraph 5 becomes paragraph 4.
48. § 40 to 42 are released.
49. In Paragraph 43, the heading is deleted and paragraph 1 reads as follows:
"(1) Management in matters other than benefits shall mean proceedings concerning the creation, duration or termination of insurance (insurance ratio), the nature of the insurance relationship and other issues relating to the insurance relationship in the cases in question, as well as proceedings concerning insurance premiums, premiums and periodic penalty payments. ';
paragraphs 2 to 5 are deleted;
paragraph 6 shall be renumbered paragraph 2 and the words "previous paragraphs' shall be replaced by the words" previous paragraph '.
50. Paragraph 44 is deleted.
51.
At the request of the party, the payment of the necessary cash expenses, including compensation for the loss of earnings and fare other than local transport, shall be granted by means of sickness insurance [Paragraph 20 (2) (e)] if they are related to a personal participation in a hearing to which the party has been called by the competent authority and if his request has been accepted in part. ';
52. Paragraph 46 is deleted.
53.
When carrying out sickness insurance for employees of small-scale establishments, the competent authority shall, as appropriate, also carry out the tasks otherwise assigned to it in carrying out insurance. ';
54. in Paragraph 50 (2), the words "district management" shall be replaced by the words "competent authority" and the last sentence of this paragraph shall be deleted.
55. Paragraph 50 (3) reads as follows:
"(3) Where a staff member has not registered or has not withdrawn a small plant within the period laid down in the previous paragraph, the competent authority may impose a periodic penalty payment of between 500 Ccs and 5000 Ccs. A small race shall be obliged to take out the penalty payment to the competent authority. ';
56. In Paragraph 51 (1), the words "regional administration 'are replaced by the words" competent authority'.
57. in Paragraph 52 (2), the words "common households" are replaced by the words "joint ownership of spouses";
58.
The provisions of Part Five shall apply mutatis mutandis to proceedings relating to sickness insurance for employees of small-scale establishments. However, entitlement to benefits shall apply directly to the competent authority. '
59.
The provisions of this Part shall apply mutatis mutandis to the implementation of sickness insurance for citizens who are not subject to the jurisdiction of the sickness insurance authority according to the head office of the establishment or the head office of the small establishment. The competent authority of the sickness insurance institution in whose territory such a citizen resides. '
60. § 56 to 58 are released.
The following shall be deleted:
1. Decree No 96 / 1954 of the Ú. l., on the insurance of employees and on the collection of funds for the payment of sickness insurance benefits in establishments, as amended;
2. Decree No 169 / 1954 of the Ú. l., on the management of batch cases of occupational sickness insurance, as amended;
3. Sections 8, 9, 9a, 10a, 11 (1) and (2), 19 (4) and 47 of Decree No. 91 / 1958 Coll., which publishes the measures of the Central Board of Trade Unions on the organisation and implementation of staff sickness insurance, as amended by Decree No. 178 / 1968 Coll.
This Decree shall take effect on 1 July 1990, with the exception of Article II (3), which shall take effect on 1 September 1990.
Minister:
Miller v. r.
1) Paragraph 3 (2) of Act No. 156 / 1989 Coll., on contributions to the State budget.
2) Paragraph 8 (2) of Act No. 157 / 1989 Coll., on Pension Tax.
3) Paragraph 9 (3) of Act No. 172 / 1988 Coll., on Agricultural Tax.
4) § 58 of Act No. 54 / 1956 Coll., as amended by Act No. 180 / 1990 Coll.
5) Paragraph 47 of Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulation).
6) Paragraph 48 (2) of Act No. 54 / 1956 Coll., on sickness insurance of employees.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 262 / 1990 Coll., amending and supplementing Prime Minister Decree No. 91 / 1958 Coll., which publishes the measures of the Central Council of Trade Unions on the organisation and implementation of staff sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1990 |
|---|---|
| Effective from | 01.07.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0