Decree No. 287 / 2001 Coll.
Government Regulation on the contribution related to the restructuring and reduction of brown coal mining
Valid
Effective from 01.01.2002
287
GOVERNMENT REGULATION
of 9 July 2001
on the contribution related to the restructuring and reduction of brown coal mining
The Government orders the implementation of Act No. 218 / 2000 Coll., on Budgetary Rules and on the Amendment of Certain Related Acts (Budget Rules), as amended by Act No. 493 / 2000 Coll., Act No. 141 / 2001 Coll. and Act No. 187 / 2001 Coll.:
(1) This Regulation lays down the conditions and arrangements for providing a contribution to the resolution of the social consequences of the restructuring and reduction of brown coal mining resulting from the reduction of the mining volume of brown coal and lignite delivered to the energy company ČEZ, a. s. ("the contribution ') to employees of commercial companies listed in the Annex to this Regulation (" the mining company').
(2) The contribution is provided by the Ministry of Industry and Trade ("the Ministry ') from the State Budget.
(3) Restructuring is meant for the purposes of this Regulation, measures resulting from annual reductions in mining volumes. Entitlement to the contribution in a given calendar year shall arise if the actual total amount of brown coal or lignite delivered by the relevant mining company to the energy company ČEZ, a. s. is lower in that year than in the previous calendar year.
(1) The contribution shall be granted to a worker of a mining company whose working relationship, negotiated with a mining company for an indefinite period, will end between 1 January 2002 and 31 December 2004 on the grounds set out in paragraphs 46 (1) (a) to (c) of the Labour Code, which are linked to the restructuring of the mining company, resulting in a reduction in the amount of brown coal and lignite produced by the energy company ČEZ, a. s., if its employment relationship with the mining company lasted continuously for at least 3 years (hereinafter referred to as the "beneficiary ').
(2) The condition for granting the allowance shall be that in the district in which the beneficiary had his place of employment, ending in accordance with paragraph 1, there was at least an average unemployment rate. The average unemployment rate for the purposes of this Regulation shall be the average unemployment rate according to the statistics of the Ministry of Labour and Social Affairs for the previous calendar year before the end of the period of employment. Another condition is that the staff member undertakes to notify immediately the mining companies of the facts referred to in Paragraph 3 (1) on the basis of which he ceases to be entitled under this Regulation. The duration of the facts referred to in Article 3 (1), applicable to the grant, shall be demonstrated by the beneficiary on the 20th day of the calendar month concerned by a declaration of honour of the mining company which pays the contribution.
(3) An allowance of CZK 5,280 is granted to the entitled person for the period
(a) three months if its employment relationship with a mining company has lasted continuously less than 5 years;
(b) six months if its employment relationship with a mining company has lasted continuously for at least five years; the duration of the contribution is extended by three months for each additional year of continuous employment with the mining company, but not more than 30 months.
(4) Pending the continuous duration of the employment relationship with the mining company, the person entitled shall also be included in the period of employment with a mining company other than that with which the employment contract concluded in accordance with paragraph 1 has been concluded, provided that the rights and obligations arising from employment relations have been transferred to the mining company. Until the continuous duration of the employment relationship is also included, (1) if the employment relationship with the mining company is immediately after the termination of that employment.
(5) Where the beneficiary is entitled to a specific contribution to miners under a specific legislation, 2) a contribution equal to the difference between the contribution determined in accordance with paragraph 3 and the special contribution to miners shall be granted.
(6) The allowance shall be paid to the beneficiary one month in advance, starting from the month following the month in which the employment ended. In the written notice of the start of payment of the allowance to the beneficiary, the mining company shall indicate the monthly amount of the allowance, the number of months after which the allowance will be paid, the conditions for the loss of entitlement to the allowance.
(1) Entitlement to the allowance shall cease if:
(a) an authorised person applying to the employment agency under special legislation (3) has been excluded from the registration of jobseekers because, without serious reasons, he refused to enter into an appropriate job or intentionally obstructed cooperation with the employment agency; the same applies in cases where the beneficiary refused or without serious reasons (4) has terminated the retraining offered prematurely; or
(b) an employment relationship with a mining company has been established for the beneficiary.
(2) The entitlement to the allowance shall cease from the calendar month following the month in which the event referred to in paragraph 1 occurred.
(1) The mining company shall, on the fifth day of each calendar month, draw up an overview of the rights of authorised persons under this Regulation for the preceding calendar month.
(2) On the basis of an overview of the rights of beneficiaries referred to in paragraph 1, the Ministry shall decide on the transfer of funds from the State budget for the payment of the contribution to the special account of the mining company with the bank. The mining company shall pay a contribution to the beneficiary in accordance with Paragraph 2 (6) from this tied account.
(3) The mining company shall record the status and movement of funds held in a special account as referred to in paragraph 2 in its accounts in a separate off-balance-sheet account and, after each calendar quarter, shall demonstrate to the Ministry the correctness of the amounts paid from that account in the manner determined by the Ministry.
(4) In the event of unauthorised use or detention of the State budget funds intended for the payment of the contribution, the specific legislation governing the breach of budgetary discipline shall be followed. 5)
This Regulation shall enter into force on 1 January 2002.
Prime Minister:
Ing. Zeman v. r.
1. Deputy Prime Minister
and Minister for Labour and Social Affairs:
PhDr. Špidla v. r.
Deputy Prime Minister
and Minister of Industry and Trade:
Doc.
Annex to Government Decree No 287 / 2001 Coll.
Mining companies
_
NORTHERN DOLES, a.s., Chomutov
SOKOLOVSKI, a.s., Sokolov
BRIDGE COAL COMPANY, a.s., Most
HOUSE KOHINOOR, a.s., Mariánské Radčice
1) Article 2 of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 542 / 1991 Coll.
2) Act No. 98 / 1987 Coll., on a special contribution to miners, as amended by Act No. 160 / 1989 Coll.
3) Section 7 of Act No. 1 / 1991 Coll., on Employment, as amended by Act No. 578 / 1991 Coll. and Act No. 167 / 1999 Coll.
4) 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., Act No. 155 / 2000 Coll. and Act No. 369 / 2000 Coll.
5) Article 44 of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules).
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Regulation Information
| Citation | Government Decree No 287 / 2001 Coll., on the contribution related to the restructuring and reduction of brown coal mining |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.08.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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