Decree No. 263 / 1990 Coll.
Decree of the Federal Ministry of Labour and Social Affairs amending and supplementing Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance, Decree No. 165 / 1979 Coll., on the sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases, and certain other provisions on sickness insurance
Valid
Effective from 01.07.1990
263
DECLARATION
Federal Ministry of Labour and Social Affairs
of 25 June 1990
amending and supplementing Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance, Decree No. 165 / 1979 Coll., on the sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases, and certain other provisions on sickness insurance
The Federal Ministry of Labour and Social Affairs provides, pursuant to § 2 (3) (b), § 9, § 51 (1) and (2) and § 63 (2) of Act No. 54 / 1956 Coll., on the sickness insurance of employees, as amended by Act No. 16 / 1959 Coll., Act No. 87 / 1968 Coll., Act No. 148 / 1983 Coll. and Act No. 180 / 1990 Coll., and under § 36 (1) and (2) of Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and allowances for children from sickness insurance:
Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance, as amended by Decree No. 95 / 1968 Coll., Decree No. 178 / 1968 Coll., Decree No. 113 / 1975 Coll., Decree No. 165 / 1979 Coll., Decree No. 79 / 1982 Coll., Decree No. 154 / 1983 Coll., Decree No. 80 / 1984 Coll., Decree No. 134 / 1984 Coll. and Decree No. 239 / 1988 Coll., are amended as follows:
1. Paragraph 2 (4) shall be deleted.
Article 11 (3) reads as follows:
"(3) The race may be carried out in accordance with the preceding paragraphs only with the agreement of the competent sickness insurance authority. ';
3. In Paragraph 12 (1), the words "Central Council of Trade Unions' are replaced by the words" Federal Ministry of Labour and Social Affairs' and the words "binding 'are deleted.
4. The following Section 12a is inserted after Section 12:
In determining and calculating sickness benefits for workers whose wages are calculated on computers, the following derogations shall be applied in accordance with the provisions of Sections 1 to 10:
(a) the average gross hourly wage shall be based on the determination and calculation of the sickness allowance;
(b) the condition laid down in Article 4 (3) shall be determined for workers with evenly distributed working hours, on the basis of the conversion of hours worked into working days according to the average working day (shift), excluding overtime hours from hours worked, and for staff with reduced working hours worked over the agreed working time;
(c) the total amount of sickness to be paid shall be rounded to the nearest crown; Paragraph 12 (3) shall apply mutatis mutandis. ';
5. in Article 21 (2) (d) and (e), the words "which is a component of the National Front" shall be deleted.
(6) Article 23 (3) and (4) are added as follows:
"(3) For workers whose wages are calculated on computers, the sickness allowance shall be granted for as many hours as the worker would otherwise have worked according to the schedule of working hours for him and at a lower percentage of 1) for as many hours as the worker would have worked according to the schedule of working hours for the first three working days of incapacity.
(4) When applying flexible working time as a flexible working week for evenly distributed working hours or as a flexible four-week working hours for unevenly distributed working hours with workers remunerated with hourly wages, workers who are fixed for sick hours and workers whose wages are calculated on computers, they provide sick leave for as many hours per working day on average according to the working time schedule applicable to the worker on the working day (shift); the same procedure shall apply to workers remunerated by monthly salary if they are recalculated during each period according to the number of working hours specified for the month in question by the schedule of shifts. ';
Paragraph 3 shall become paragraph 5.
7. Article 32 (1) reads as follows:
"(1) If a worker in one organisation has entered employment in the other organisation, in that employment he is employed instead of working in the first organisation (not in parallel with it) and the incapacity of work (quarantine) has been created during the duration of employment in the other organisation, he is entitled to sickness benefits from the employment in which he has a higher earnings. '
8. In Paragraph 33 (3), the second sentence is deleted.
9. In Section 35, the words "Social Security Assessment Board 'are replaced by the words" competent authority' and the words "trade union body 'are replaced by the words" sickness insurance authority'.
10.
Increasing the disease in active tuberculosis
(1) The fact that it is an incapacity for work for active tuberculosis is evidenced by a certificate of incapacity for work certified by the competent medical professional department or, where appropriate, other authorised medical establishments.
(2) Disability to work for active tuberculosis shall be granted from the beginning of the second month of the period of incapacity for active tuberculosis for as long as the worker is unable to work for that reason, but no longer than until the end of the period of support period or, where appropriate, until the end of the period for which he was authorised to extend the payment of the sick allowance under Paragraph 35. "
11. In Paragraph 37 (2), the words "as defined by the Central Council of trade unions in an agreement with the Ministry of Health 'are replaced by the words" as defined'.
12. In Paragraph 39, the words "Central Board of Trade Unions' are replaced by the words" Competent authority of sickness insurance '.
13. In the first sentence of Section 53, the words "Central Council of Trade Unions' are replaced by the words" Federal Ministry of Labour and Social Affairs' and the words "binding 'are deleted, and in the second sentence, the words" Central Council of Trade Unions' are replaced by the words "Competent authority of sickness insurance '.
14. Paragraph 62 shall be added to paragraph 3:
"(3) The provisions of the preceding paragraphs shall apply mutatis mutandis to post-civil service workers."
15. in Article 63 (2), the words "district sickness insurance administration" shall be replaced by the words "competent sickness insurance authority";
16. in Article 72 (2), the words "District management" shall be replaced by the words "Competent authority";
17. in the introductory sentence of Article 75 (1), the words "in close cooperation with the trade union authorities" shall be deleted; in point (c), the sentence after the semicolon shall read: "otherwise, without delay, the case shall be presented with all documents to the authorities responsible for taking decisions on sickness insurance;" in point (d), the word "trade union" shall be deleted; in point (e), the words "competent sickness insurance authorities" shall be replaced by the words "benefits granted by a decision of the competent authority" and point (g) shall be deleted.
18. Paragraph 75 (2) of the first sentence reads: "The plant (organisation) is obliged to issue a certificate to the worker whose employment has ended on the facts applicable to sickness insurance benefits."
19. In Paragraph 75 (3), the word "trade union" shall be deleted.
20. In Section 76, the words "trade unions in the plant 'are replaced by the words" sickness insurance authorities'.
21. in Article 76 (1), the words "trade unions in the establishment" shall be replaced by the words "competent sickness insurance authorities."
22. Paragraph 76 (2) reads as follows:
"(2) If the competent sickness insurance authority finds that the establishment has provided a benefit under Paragraph 75 (1) (c) in contravention of the applicable rules, it shall order the further provision of the benefit to be stopped. The race is obliged to execute this command immediately. '
Article 23 (76) (3) and (4) shall be deleted.
24. Article 77 (1) (e) and (f) reads as follows:
"(e) to allow health workers and representatives of the establishment and the competent sickness insurance authority to visit the flat, if the work of the incompetent worker is concerned, and to have another examination of the facts relevant for the establishment or duration of the entitlement;
(f) request the prior consent of the treating physician to change the residence for incapacity for work or quarantine. ';
25. Paragraph 78 (1) reads as follows:
"(1) Benefits shall be paid according to the relevant documents."
26. in Paragraph 78 (2), the second and third sentences are deleted.
27. in Paragraph 78 (3), the words "in agreement with the trade union in the plant" shall be deleted.
28. In Paragraph 78 (4), the following sentence is added at the end: "At the request of the creditor, the plant is obliged to refer, after any deductions under the relevant legislation2) to its account at the Czechoslovak Money Institute."
29.
(1) Where this decree refers to employment, this means membership of a non-agricultural cooperative, including a working relationship.
(2) Where this decree refers to an organisation, this is also understood as a citizen who employs other citizens in the employment of persons who establish sickness insurance. If such a citizen has the character of a so-called small plant, he shall not be obliged to carry out the tasks referred to in § 75 (1) and (2). '
30. Paragraph 80 (1) is deleted and paragraph 2 is deleted.
31. in Article 80, the words "the Central Council of Trade Unions in agreement with the Central Office concerned" shall be replaced by the words "specific legislation."
The Decree of the Central Council of Trade Unions No 165 / 1979 Coll., on the sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases, as amended by Decree No 155 / 1983 Coll., Decree No 79 / 1984 Coll., Decree No 135 / 1984 Coll., Decree No 59 / 1987 Coll., Decree No 148 / 1988 Coll. and Decree No 123 / 1990 Coll., is amended as follows:
1. the following words shall be added at the end of Articles 3 (2) (d), 11 (2) (d) and 21 (1) (d): "or civil service,"
2. In Paragraph 13, paragraphs 2 and 3 are deleted and paragraph 4 becomes paragraph 2.
Article 35 (1) reads as follows:
"(1) For the purposes of sickness insurance, Czechoslovak citizens who have been seconded by a central government authority abroad to carry out activities for an international organisation shall be regarded as experts abroad (" experts'). '
4. In Paragraph 39, the second sentence is: "In other cases, the sending authority shall fulfil the following obligations."
5. in Paragraph 46 (b), the word "special" shall be deleted;
6. In paragraph 47, the word "special 'shall be deleted from paragraph 1 and in paragraph 3, the words" special' shall be replaced by "v '.
7. In Paragraph 49 (2), the words "secondary or special vocational training 'are replaced by the words" secondary vocational or other vocational training'.
8. In Paragraph 50 (3), the words "competent district sickness insurance administration 'are replaced by the words" competent sickness insurance authority' and the words "that administration 'are replaced by the words" that authority'.
9. In the headings of Sections 50a and 51a, the words "or special professional 'are replaced by" professional or other'.
10. In Paragraph 51 (5), the words "county sickness insurance administration 'are replaced by the words" competent sickness insurance authority' and the words "that administration 'are replaced by the words" that authority'.
11. in Articles 69 (2) (d) and 81 (2) (d), "a" is replaced by "or civil service,"
12. In Paragraph 102b, the second sentence is deleted.
13. The following Section 102e is inserted after § 102d:
Other insurance ratio
Children's allowances and lump-sum sickness insurance (childbirth and funeral aid) shall not be based on insurance under this Section if they are already eligible for insurance (security) of a civil service citizen for another reason. '.
14. In Article 105 (3), the words "county sickness insurance administration responsible 'are replaced by the words" competent sickness insurance authority';
The Decree of the Central Council of Trade Unions No 95 / 1968 Coll., on the grant of allowances for children in sickness insurance, as amended by Decree No. 78 / 1984 Coll. and Decree No. 147 / 1988 Coll., is amended as follows:
1. Article 1 (1) (b) reads as follows:
"(b) training in vocational training,"
2. In Article 7 (1) (c), the following shall be inserted after the words "in the armed forces": "as well as civil services,"
3. The following Section 7a is inserted after Section 7:
"To supplement children's allowances
(Paragraph 24 (2) of the Law)
(1) The duration of the interruption of the child's stay in such a facility during the school holidays shall not be regarded as being the place of the child in an establishment for such children, which shall last for a full calendar month.
(2) The treatment stay of a long-term severely disabled child requiring exceptional care or special care particularly demanding in the institution of a preventive care facility shall be considered as the placement of a child in an establishment for such children as from the seventh month. '
4. In Section 14, the words "Authority responsible for the administration of sickness insurance in the district 'are replaced by the words" Competent authority of sickness insurance'.
5. In Section 16, the words "trade unions' are replaced by the words" competent sickness insurance authorities'.
Decree No 141 / 1958 of the Ú. l., on sickness insurance and pension insurance of sentenced persons, as amended by Decree No 102 / 1964 Coll., Decree No 143 / 1965 Coll., Decree No 95 / 1968 Coll. and Decree No 155 / 1983 Coll., are amended as follows:
1. in § 3 (2), § 5, 7 and § 10 (1), the words "Ministry of Interior" shall be replaced by the words "Ministry of Justice of the Czech Republic and Ministry of Justice of the Slovak Republic";
2. In Paragraph 12 (3), the words "Ministry of Interior 'are replaced by the words" Ministry of Justice of the Czech Republic and Ministry of Justice of the Slovak Republic'.
3. Article 13 (2) reads as follows:
"(2) The prison institution shall settle insurance premiums and sickness insurance benefits sentenced on a monthly basis under its jurisdiction with the Ministry of Justice of the Czech Republic or the Ministry of Justice of the Slovak Republic; These ministries shall settle the sum of premiums and benefits per month for all prison institutions with the competent sickness insurance authorities designated by the laws of the national councils. ';
4. Paragraph 23 is deleted.
(2) If the lawyer is entitled to a cash benefit for sickness insurance replacing the salary before 1 July 1990 and the reason for its provision continues after 30 June 1990, such benefit shall also be granted on staff sickness insurance; one-off benefits and childcare allowances shall also be provided if the conditions applicable to their admission continue or have been fulfilled during the period for which the lawyer receives the cash allowance. In such cases, the obligations of the plant resulting from the rules on staff sickness insurance shall be fulfilled by the legal successor to the Regional Bar Association of which the lawyer was a member.
This Decree shall take effect on 1 July 1990.
Minister:
Miller v. r.
1) Paragraph 18 (2) of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 148 / 1983 Coll.
2) For example, Section 299 (1) of the Civil Code.
1) § 35 et seq. of Decree No. 165 / 1979 Coll.
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Regulation Information
| Citation | Decree No. 263 / 1990 Coll., amending and supplementing Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance, Decree No. 165 / 1979 Coll., on the sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases, and on certain other provisions on 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.
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