Decree of the Ministry of Labour and Social Affairs No. 282 / 1995 Coll.

Decree of the Ministry of Labour and Social Affairs amending and supplementing the Order of the Central Council of Trade Unions No. 165 / 1979 Coll., on sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases, as amended, Decree of the Central Council of Trade Unions No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance, as amended, and Decree of the Federal Ministry of Labour and Social Affairs and the Central Council of Trade Unions No. 51 / 1973 Coll., on the modification of certain conditions of foster care in special establishments

Valid Order Effective from 01.01.1996
282
DECLARATION
Ministry of Labour and Social Affairs
of 17 November 1995
amending and supplementing Regulation No 165 / 1979 Coll., on sickness insurance of certain workers and on the provision of sickness insurance to citizens in special cases, as amended, Decree No 143 / 1965 Coll., on the provision of cash benefits in sickness insurance, as amended, and Ordinance of the Federal Ministry of Labour and Social Affairs and the Central Council of the Unions No 51 / 1973 Coll., on the modification of certain conditions of foster care in special establishments
The Ministry of Labour and Social Affairs provides according to § 51a of Act No. 54 / 1956 Coll., on the sickness insurance of employees, as amended by the Act of the Czech National Council No. 37 / 1993 Coll.:
Čl. I
Decree No. 165 / 1979 Coll., on 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., Decree No. 123 / 1990 Coll., Decree No. 248 / 1990 Coll., Decree No. 263 / 1990 Coll., Decree No. 30 / 1993 Coll., Act No. 37 / 1993 Coll., Act No. 312 / 1993 Coll., Act No. 196 / 1994 Coll., Decree No. 248 / 1994 Coll., Decree No. 207 / 1995 Coll., amended by the following:
1.
"(k) foster care in special establishments (section 13),
(l) Members of the Chamber of Deputies and Senators of the Senate of Parliament (section fourteenth), '.
2. In Article 5, the words "for sickness or accident or for reasons of spa care 'are replaced by the words" including footnote 41' under the special Regulation (41).
41) § 2 of Decree No. 31 / 1993 Coll., on the assessment of temporary incapacity for social security purposes. "
3. In Paragraph 18, the word "organisation 'is replaced by" employer'.
4. in § 19 (2) (a), § 28 (2) (a), § 69 (2) (a) and § 81 (2) (a), the words "for sickness or accident or for the provision of spa care" shall be replaced by the words "recognised under the Special Regulation (41)."
5. in § 19 (2) (e), § 28 (2) (d), § 69 (2) (e) and § 81 (2) (e), the words "when caring for a child under three years of age" shall be inserted after the words "parental contribution."
6. Article 19 (3) reads as follows:
"(3) The insurance of the staff member for the irregular relief provided for in paragraphs 1 and 2 shall not arise if his employment is of a random one-off job which under the arrangement should not have lasted or lasted more than seven calendar days in succession. ';
7. In Paragraph 19 (4), after the word "insured ', comma shall be replaced by a semicolon, and the words" if his employment did not have the character of casual employment' shall be replaced by the words "this shall not apply, however, if the staff member does not arise for irregular insurance assistance for the reasons referred to in paragraph 3 '.
8. Paragraph 28 (3) reads as follows:
"(3) The insurance of a member of a cooperative referred to in paragraphs 1 and 2 shall not arise if its relationship with the cooperative on the basis of which it is remunerated has the character of an accidental one-off job which, under the arrangement, should not have lasted or lasted more than seven calendar days in succession. ';
9. In Paragraph 28 (4), after the word "insured ', comma is replaced by a semicolon and the words" if its relationship with the cooperative on the basis of which the cooperative is remunerated does not have the character of casual employment' are replaced by the words "that is not the case if a member of the insurance cooperative is not formed for the reasons set out in paragraph 3 '.
10. In Paragraph 29, the second sentence, "its scope and remuneration are not predetermined 'is replaced by" the amount of remuneration for it is not predetermined'.
11.
'( c) students and pupils of other schools or courses, where the study or teaching is considered to be secondary or higher education for the purposes of pensions (42), because of their scale and level;
42) Article 108 (2) of Act No. 155 / 1995 Coll., on Pension Insurance. '
12. In Paragraph 46 (d), the words "according to the decision of the competent authority of the State administration, such a study is treated as a study" shall be replaced by the words "Note 43"; such a study shall be considered as a study for the purposes of pension insurance (43).
43) § 21 (a) part of the sentence behind the semicolon of Act No. 155 / 1995 Coll. '.
13. in Paragraph 63 (d), the words "trained in the field of the Federal Ministry of Defence" shall be deleted.
14. In Paragraph 64 (1), the words "who exercise the function of long-term vacant members of the municipal council 'are replaced by the words" if they are paid remuneration as long-term vacant members of the municipal council'.
15.
„§ 68
The sickness insurance is, under the conditions laid down below, a member of staff operating under the employment agreement. 15) (hereinafter referred to as "contract staff '), where this agreement does not have the character of a random one-off job which, under the arrangement, is neither to last nor to last more than seven calendar days consecutive.
15) § 237 of the Labour Code. '
16. In Section 80, the words "whose nursing service was to last or last more than seven calendar days of consecutive and deductible income for it should have reached or reached at least 400 CZK per month 'are replaced by the words" if their nursing service does not have the character of an accidental one-off job which is not to last or last more than seven calendar days of consecutive'.
17. in Paragraph 97 (3), the word 'full' shall be inserted after the word 'consumer'.
(18) Section 13 of Part One, including headings 44 and 45, shall read as follows:

„ODDÍL TŘINÁCTÝ

_
§ 102a
Accruable income
The remuneration for foster care and the work related to the care of the entrusted children shall be deemed to be deductible from the income of a foster parent who carries out foster care in special establishments, 44). 45)
§ 102b
Sickness
A foster child who is in foster care in special establishments shall be granted sick leave at the earliest from the date on which he no longer receives the remuneration referred to in Paragraph 102a in incapacity for work.
44) § 12 of Act No. 50 / 1973 Coll., on foster care, as amended by Act No. 118 / 1992 Coll.
45) Decree of the Ministry of Labour and Social Affairs No. 136 / 1993 Coll., setting out the remuneration of a foster parent in the performance of foster care in special establishments, as amended by Decree No. 206 / 1995 Coll. '
19. The heading of section 14 of Part One shall read:
"MEMBERS AND SENATORS OF PARLIAMENT '.
20. in Article 102f (1) and (2), the words "the legislature" are replaced by the words "the Chamber of Deputies."
21.
"(3) The provisions of the preceding paragraphs shall apply mutatis mutandis to the Senators of the Senate of Parliament."
22. in Part One, except for Section 1 (i) and Section 11, the words "worker" and "worker" shall be replaced by the words "employee" and "employee."
Čl. II
Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance, as amended by Decree No. 95 / 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., Decree No. 239 / 1988 Coll., Decree No. 266 / 1990 Coll., Act No. 207 / 1995 Coll., is amended as follows:
1. In Articles 21 (2) and 70, "social security 'is replaced by" pension insurance'.
2. In Paragraph 41 (4), the following words are replaced by a comma at the end of the period: "nor has it begun to receive physical security for jobseekers."
3. Paragraph 63, § 64 (1), second sentence, and paragraphs 4 and 66 (3) shall be deleted.
4. In Article 72, paragraph 1, the words "," and paragraphs 1 and 3 shall be replaced by the words "from social security."
5. In all provisions, the words "worker 'and" worker' are replaced by the words "employee 'and" employee'.
Čl. IV
This Decree shall take effect on 1 January 1996.
Minister:
Ing. Vodice v. r.

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Regulation Information

CitationDecree of the Ministry of Labour and Social Affairs No. 282 / 1995 Coll., amending and supplementing the Order of the Central Council of Trade Unions No. 165 / 1979 Coll., on sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases, as amended, Decree of the Central Council of Trade Unions No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance, as amended, and Decree of the Federal Ministry of Labour and Social Affairs and of the Central Council of Trade Unions No. 51 / 1973 Coll., on the modification of certain conditions of foster care in special establishments
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation01.12.1995
Effective from01.01.1996
Effective until-
Status Valid
The regulation text is for informational purposes only.
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