Act No. 305 / 2008 Coll.

Act amending Act No. 187 / 2006 Coll., on sickness insurance, as amended, and certain other laws

Valid Effective from 01.01.2009
305
THE LAW
of 17 July 2008
amending Act No 187 / 2006 Coll., on sickness insurance, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to Act No. 187 / 2006 Coll.
Čl. I
Act No. 187 / 2006 Coll., on sickness insurance, as amended by Act No. 585 / 2006 Coll., Act No. 181 / 2007 Coll., Act No. 261 / 2007 Coll. and Act No. 239 / 2008 Coll., are amended as follows:
1. In Article 3 (b), the words "or the organisational units of the State or legal entity in which members of the Security Corps or professional soldiers are seconded to perform their duties shall be inserted after the word" salary. "
2. In Article 3 (n), the words "or elsewhere 'shall be inserted after the words" at home'.
3. in Article 6 (1) (a) (2), "insured" is replaced by "participating in pension insurance."
4. In Article 6 (2) of the Introductory Part of the provision, the words "the conditions referred to in paragraph 1 (a) and (c) 'are replaced by the words" the condition referred to in paragraph 1 (a), the agreed amount of the deductible income shall be at least the amount of the relevant income or, where applicable, their deductible income shall be at least the amount of the relevant income'.
5. In Paragraph 6 (4), the word "insured 'is replaced by" compulsory pension insurance'.
6. In Article 10 (5) and (6), the word "insured 'is replaced by" pension insurance'.
7. In Paragraph 10, the following sentence is added at the end of paragraph 6: "Insurance of an employee employed with an employer established in the Czech Republic whose place of employment is permanently abroad and who is resident in the Czech Republic or another Member State of the European Union shall be added:" Insurance of an employee employed with an employer established in the Czech Republic, whose place of employment is permanently abroad and who is resident in the Czech Republic or in another Member State of the European Union, shall also arise on the date on which the employer of the employee does not prove that the employee is a compulsory pension insurance abroad. If the employee's insurance was incurred in accordance with the third sentence, the insurance shall cease on the day following the date on which it was demonstrated that the employee is obliged to pay the pension in the State in which he has his permanent place of employment. ';
8. in Articles 15 (4) (c), 28 (2) and 103 (1) (d), the words "recovered" shall be deleted;
9. In Paragraph 18, at the end of paragraph 1, the sentence "The daily assessment basis shall be set to two decimal places in force."
10. In Paragraph 18, at the end of paragraph 7, the sentence "If the self-employed person does not have a first monthly base in the relevant period determined in accordance with the sentence, the operative period shall be the first previous calendar year in which he had the monthly base; the provisions of paragraph 6 of the third sentence shall apply mutatis mutandis. ';
11. in Paragraph 18 (8) (b), the words', salary or remuneration 'and the words' for a period 'shall be replaced by' in the period 'shall be inserted after the words' wages';
12. in Paragraph 18 (8) (c), "provided" is replaced by "paid."
13. in Paragraph 19 (1) (b), the word "insured persons" is replaced by the word "employees."
14. In Paragraph 21, the following paragraph 2 is inserted after paragraph 1:
"(2) The amounts of the daily measurement basis calculated in accordance with paragraph 1 in the zones up to the first reduction limit, above the first reduction limit to the second reduction limit and above the second reduction limit to the third reduction limit shall be rounded to the nearest 2 decimal places in force. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
15. in Article 21 (3), "paragraph 1" is replaced by "paragraphs 1 and 2";
16. in Paragraph 21 (4), "1 and 2" is replaced by "1 to 3";
17. In the second sentence of Article 28 (5), the words "and 'shall be deleted and after the words" (e)' shall be inserted the words "and (f) and, in the case of work or service leave granted for the purposes of the treatment or care referred to in Article 39 (1) (a) or (b) ';
18. In Article 29, at the end of point (c), the dot is replaced by a comma and the following point (d) is added:
"(d) 100% of the daily assessment basis for the entire duration of temporary incapacity for work or ordered quarantine in cases where the insured person has been recognised as temporarily incapacitated or has been ordered to be quarantined as a result of a demonstrable public interest in carrying out rescue or liquidation work in the event of a fire, an environmental or industrial accident, a flood, a windstorm or a higher degree of wind disaster or other emergencies as a member of the voluntary fire department unit of the municipality called for by the Fire Department of the Czech Republic."
19. In Paragraph 30, the words "paragraph 3 and the number of calendar days relating to that period 'are replaced by the words" paragraph 4 and the number of calendar days relating to that period, the calendar days relating to the period of the first 14 calendar days of temporary incapacity for work or required quarantine'.
20. in Paragraph 31 (a), the word "match" is replaced by "physical conflict."
21. In Article 32, the sentence "In addition to the condition of participation in insurance referred to in paragraph 2, participation in insurance as a foreign employee under Paragraph 10 (7) shall be added at the end of paragraph 3 for at least 180 calendar days in the last year before the date of the start of the support period laid down in paragraph 34 (1)."
22. In Article 34 (3), the words "except for the period from birth to the end of the sixth week following birth" shall be inserted after the words "paid to the mother of the child."
23. In Paragraph 34, the following paragraph 4 is added:
"(4) If, during the period during which maternity benefits are paid to the insured person, entitlement to additional maternity allowance is acquired from the same insurance, no further maternity allowance shall be paid for as long as the entitlement to previous maternity allowance is maintained; However, the support period for this additional maternity allowance shall be fixed as from the date on which such maternity allowance takes effect. ';
24. in Articles 39 (3), 40 (4) and 64 (2), the word "provision" is replaced by "payment."
25. in Article 54 (3), the words "Assessment of health status for insurance purposes" shall be replaced by the words "Decision on temporary incapacity for work or the need for nursing or care (hereinafter referred to as" the need for nursing ")."
26. in Article 55 (1) (b), the words "(hereinafter referred to as" the obligation of a candidate for employment ")" shall be inserted after the words "legislation36";
27. in Article 56 (2) (b), the words "walks authorised under (c)" shall be replaced by the words "the scope and the duration of the trips authorised."
28. in § 56 (2) (d), § 56 (4) first sentence, § 61 (g) and § 64 (1) (i), the word "second" is replaced by "first."
29. in Paragraph 56 (3):
"(3) The insured person may change his place of residence during temporary incapacity only with the prior consent of the attending physician. If, according to the first sentence, the insured person has been permitted to change his place of residence during the period of temporary incapacity during the first 14 calendar days of temporary incapacity, or if, after that period, the insured person is entitled to continue to deductible income [Paragraph 16 (b)] also in the period during which he is entitled to temporary incapacity, the insured person shall be obliged to notify the change of residence in writing or otherwise demonstrably to the employer in advance. The change in the place of residence of the temporarily incapacitated insured person on account of his stay abroad may be authorised by the treating doctor only after prior written agreement of the competent sickness insurance authority; the sickness insurance authority shall be authorised by the insured person. ';
30. In the second sentence of Article 56 (4), the words "for more than 3 calendar days or for abroad 'are deleted.
31. in Article 57 (1) (a), the words "under special legislation (36)" shall be deleted;
32. In Article 59 (1), at the end of the text in point (e), the words "where temporary incapacity for work occurs within a period of protection or if temporary incapacity for work persists after the end of the current insured activity, to fulfil the obligations of the jobseeker, even if the insured person is not a jobseeker."
33. In Paragraph 59 (1), the words "at the end of the text of point (k) shall be added; the treating physician shall be obliged to invite the insured person no later than the working day following the day on which he was informed in writing of the outcome of the procedure in order to appear immediately with the treating physician in order to terminate temporary incapacity for work. The temporary incapacity for work shall be terminated by the treating doctor in accordance with the second sentence, even if the insured person does not appear at the request of the treating doctor. '
34. in Article 59 (1) (l), the words "the sickness payment has been terminated" shall be replaced by the words "the entitlement to sickness has ceased."
35. in Paragraph 61 (h):
"(h) examine, during the course of temporary incapacity for work, whether the insured person has recovered from work and after 180 calendar days of temporary incapacity for work, whether the insured person's medical condition is stable;"
36. in § 61 (j) and § 105, first sentence, the words "wages" shall be replaced by "wages, wages or remuneration."
37. in Paragraph 63 (1) (d), the words "provision of sick leave" shall be replaced by the words "entitlement to sick leave."
38. in Paragraph 63 (1) (f), the words "or the acquisition of new goods" shall be inserted after the word "repair."
39. in Article 64 (1) (i), the words "under Article 56 (3)" shall be deleted;
40. in Paragraph 64 (1) (k), the words "or the acquisition of new goods" shall be inserted after the word "repair."
41. in Paragraph 64 (1) (n), the word "declaration" shall be replaced by "confirmation of the sickness insurance authority."
42. In Paragraph 64 (1) (p), the word "in advance" shall be inserted after the word "employer" and the words "during the first 14 calendar days of temporary incapacity" shall be replaced by the words "the period of the first 14 calendar days of temporary incapacity, or, where appropriate, the insured person after the expiry of that period, at the time of temporary incapacity shall continue to be taken into account [Paragraph 16 (b)], also in the period during which the temporary incapacity is due to him."
(43) In Article 65 (2) (c), the words "or, where appropriate, the insured person is entitled after that period at the time of temporary incapacity, to continue to deductible income [Paragraph 16 (b)], also in the period during which he is entitled to such income at the time of temporary incapacity."
44. In Paragraph 68 (1), the words "or care (hereinafter referred to as" the need for nursing ')' are deleted.
45. In Section 71, the words "or to a sickness insurance institution 'shall be inserted after the word" doctors'.
46. In § 78, the words "or sale 'are inserted after the word" repair' and the words "or acquisition of new 'are inserted after the word" repair'.
47. In the first sentence of Paragraph 80 (1), the words "to assess the health condition for insurance purposes' are replaced by the words" to decide 'and the words'; this assessment is carried out by the doctor of that sickness insurance institution ';
48. In Article 80 (1), the second sentence is replaced by the following: "The doctor of the sickness insurance institution shall, in so doing, fulfil the obligations of the nursing doctor referred to in Article 61 (a), (b), (d), (h), (j), (l) and (m), and (68), keep the medical documentation on the course of temporary incapacity for work or the need for treatment to the extent required for decision-making, complete the necessary information on the prescribed forms, communicate the preventive care establishment on request, the expected duration of the temporary incapacity of the insured person and ensure the relevant forms used for the purposes of insurance before abuse. '
49. In Paragraph 80 (3), the words "health assessment 'are replaced by the words" decisions on temporary incapacity for work or the need for nursing'.
50. in § 80 (4) and § 82 (5), first sentence, the words "assess the health status for insurance purposes" shall be replaced by "decide."
51. In Paragraph 83, at the end of paragraph 2, the dot is replaced by a comma and the following point (d) is added:
"(d) the seat of the public health authority which ordered the quarantine."
(52) In Paragraph 84 (2) (a) (8), the words "assessing health status" are deleted.
53.In Paragraph 84 (2) (a), point 9 is deleted.
Points 10 and 11 shall be renumbered 9 and 10.
54. In Paragraph 84 (2), the words "and the written notification of the amount of the excess payment to the sick person, which the insured person is obliged to pay for the return of an old-age or full disability pension, and the period for which the excess has been calculated, shall be added at the end of the text of point (c)."
55. in Article 84 (2), the words "and the fulfilment of the obligations of other legal or natural persons under this law" shall be added at the end of the text in point (i).
56. in Paragraph 84 (2) (p):
"(p) notify in writing, within 15 days of the date of receipt of the prescribed form, the contracting employer and contract staff of the date on which they become involved in the insurance of the contract staff member who is obliged to pay the pension insurance in the State in which his foreign employer is located."
57. in Paragraph 84 (3), point (j) is deleted;
Point (k) shall be renumbered as point (j).
58. in Paragraph 85 (2), "and (k)" is replaced by "and (j)";
59. In § 86 (2) (e), the words "(a) to (i)" shall be inserted after the words "§ 84 (3)."
60. in Paragraph 89 (1) (d), the words "that administration employs" are replaced by the words "the district social security administration has a register of insured persons."
61. in Paragraph 90 (d), the words "and the need for care" shall be inserted after the word "incompetence."
62. In Part Five, Title II, the following Part 2 is inserted after Part 1:

„Díl 2

Tasks of trade offices
§ 91a
Self-employed persons engaged in a self-employed activity under an authorisation under the Trade Code may also lodge insurance applications and insurance write-offs with the Trade Office if they do so in connection with the declaration of trade, licence application or in connection with the fulfilment of the notification obligation under the Trade Code 47a).
47a) § 45a of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended. '
Parts 2 to 4 are referred to as Parts 3 to 5.
63. In Paragraph 93, the following sentence is added at the end of paragraph 1: "If an employer who is not obliged to register under the first sentence employs a staff member whose employment is a small-scale employment, and during that period the employer becomes insured, the employer shall be obliged to register in the employer's register no later than 8 calendar days after the calendar month in which the employee became insured. '
64.Paragraph 94 (1) reads as follows:
"(1) The employer shall notify the district social security administration, on the prescribed form, of the date of recruitment of the staff member who has established his participation in the insurance, within 8 calendar days of the date of taking up employment and the day of termination of employment with the staff member, within 8 calendar days of the end of employment. For the purposes of the first sentence, the termination of employment shall also be considered as an interruption of insurance (Paragraph 10 (9)) and the staff member's entry into employment shall also be regarded as a return to work after the end of the period of interruption of insurance. In the case of a contract staff member, the employer shall, according to the sentence of the first day of the start of the work in the Czech Republic and the end of the work, even if the work does not constitute an insurance participation, within 8 calendar days of the start or end of the work. In the case of a staff member whose employment is small-scale, the employer shall notify the date on which the staff member enters the service within 8 calendar days of the calendar month in which the staff member became insurer. ';
65. In Section 95 of the introductory part of the provision, the words "participating insurance 'shall be inserted after the words" staff'.
66. In Paragraph 95 (a), the words "place of work, where the place of work is permanently abroad, and whether the employee is obliged to reside abroad," shall be inserted after the words "participation in the insurance," the words "compulsory retirement," and the words "foreign employer" shall be inserted after the words "and the words" compulsory participation of the contract staff member in the pension in the State in which his foreign employer is located. "
67.In Paragraph 95 (j), the words "his insurance 'are replaced by the words" his compulsory pension participation';
68. In Paragraph 95, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) The employer shall keep the information referred to in points (a) to (c) of paragraph 1 on his employees whose employment does not constitute an insurance participation, indicating the type of activity concerned by the activity which does not constitute an insurance participation.
(3) The obligation referred to in paragraph 2 shall also apply to an employer who is not obliged to register with the employer and to an employer who is checked out of the register. ';
69. In Paragraph 97 (2), the words "Paragraph 1 shall apply 'shall be replaced by the words" Obligations referred to in paragraph 1, first and second sentences, are to be fulfilled by legal or natural persons who are no longer registered as employers'.
70. In the first sentence of Paragraph 98 (4), "participating insurance 'is replaced by" registered in the register of insured persons'.
71. In Paragraph 98, the following paragraph 5 is added:
"(5) The provisions of paragraphs 1 to 4 shall also apply to employers who are not kept in the register of employers. ';
72.In Paragraph 101 (1), point (f) is deleted.
Points (g) to (k) shall be renumbered as points (f) to (j).
73.In § 101 (1) (h) and § 104 (1) (e), the words "paragraph 1" shall be inserted after the words "under § 95."
74. In the second and third sentences of Paragraph 103 (3), the word "insured 'shall be replaced by" pension insurance'.
75. in Article 104 (1) (b), the words "and insurance deduction" shall be deleted;
76. In Paragraph 104 (3), the words "declare whether the insurance is in the State where its employer has its registered office 'are deleted.
77. In Paragraph 109 (6) of the final part of the provision, the words "the third sentence 'are replaced by the words" the second sentence'.
78. In Paragraph 110 (5), the first period is replaced by a semicolon and the words "the district social security authorities may pay benefits through the Czech Social Security Administration account."
79. In Paragraph 110, at the end of paragraph 6, the sentence "The sickness and monetary assistance in maternity shall be distributed to the sentenced persons of the prison in the same way as the remuneration for the work done."
80. In the first sentence of Paragraph 112 (1), the words "because of their health or for other serious reasons claim payment of the benefit or 'shall be inserted after the word" representative'.
81. In Paragraph 112, the sentence "For the purposes of the levy procedure and the payment of the levy, the special beneficiary shall have the status of guardian according to the administrative order 52a) shall be added at the end of paragraph 1. '.
Footnote 52a reads as follows:
"52a) § 32 of Act No. 500 / 2004 Coll., Administrative Regulation. '.
82. In Paragraph 112, the sentence "The Special Beneficiaries are obliged to claim payment of the benefit without undue delay is inserted at the beginning of paragraph 2. '.
83. In the third sentence of Paragraph 112 (2), the words "a written communication on the acts which he has made as guardian 'shall be inserted after the words" lodge'.
84. In Part Five, Title IV, Part 2, the following Section 2 is inserted after Section 1:

„Oddíl 2

Communication of data between sickness insurance authorities and business offices
§ 115a
The sickness insurance authorities and the trade authorities shall, within the limits of their competence, transmit to each other, upon request, the information necessary to carry out insurance for self-employed persons. Such data may be requested and transmitted in electronic form in a way that allows remote access. ';
Sections 2 to 5 shall be renumbered Sections 3 to 6.
85. in Article 122 (3), the following point (u) is inserted after point (t):
"(u) the place of work, if permanently abroad, and an indication of whether the employee is obliged to take up pension insurance in the State where the place of work is carried out;"
Points (u) to (w) shall be renumbered (v) to (x).
86. In Article 124, the words "or if a excess payment has been made because the sickness was paid at a time when, as a result of the return of the old-age or full disability pension, it was not also due to the reasons set out in points (a) and (b) of Article 15 (4) and (5) 'are added at the end of the text of paragraph 2.
87. In Article 124, the following paragraph 8 is added:
"(8) The insurance or other recipient of a benefit to which a benefit which was not due to him but which was due to him for the same period shall be charged in excess of the benefit paid. '
88. In Paragraph 133 (1), the word "second 'is replaced by the word" third'.
(89) In Paragraph 138 (1) (m), the words "assessing the health status for insurance purposes" shall be replaced by the words "deciding on temporary incapacity for work or the need for care" and the word "or" shall be deleted.
90. In Paragraph 138, at the end of paragraph 1, the dot is replaced by a comma and the following points (o) to (q) are added:
"(o) shall not inform the competent sickness insurance authority on the prescribed form, in accordance with Article 61 (g), at the latest on the following working day, of the decision on the authorisation to proceed and change their scope or duration or of the authorisation to change the place of residence of the insured person at the time of temporary incapacity for work;
(p) does not, in accordance with Article 61 (i), mark the date of dismissal of the insured person when he is released from constitutional care, unless his state of health makes it possible for the insured person to carry out the current activity, the decision on temporary incapacity for work, the date of dismissal of the insured person and the place of residence where the insured person will stay after his release, and he shall not, as evidenced, report these facts to the competent sickness insurance authority no later than the second day following his release; or
(q) in accordance with Paragraph 61 (k), in the decision on temporary incapacity, the date on which the insured person is taken into custody and the date on which the insured person is released from his / her care, the date on which he / she is admitted to constitutional care and the date on which he / she is required to check temporary incapacity by the treating doctor, and if the insured person does not allow his / her health status on release from his / her constitutional care or comprehensive spa care to carry out the previous insured activity, he / she shall not be required to check temporary incapacity by the treating doctor until the fifth calendar day from the date on which he / she / her / her / the date of cessation of his / her / her / her / her / her health care. '
91. In Paragraph 138, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) in contravention of Paragraph 105, the regulation shall not confirm the quarantine, its duration and its termination or shall not send the relevant parts of the form to the competent authority of the sickness insurance scheme or transmit it to the insured person."
92.In Paragraph 138 (3), the words "and (o) to (q)" shall be inserted after the words "to (j)."
93. In Paragraph 139 (1), the word 'offence' is replaced by 'administrative offence'.
94. In Paragraph 152 (a), the word "reduced" is replaced by "shortened."
95. In Paragraph 153, the dot is replaced by a comma at the end of paragraph 1 and the following points (d) and (e) are added:
"(d) the excess payment on sick leave as a result of the return of an old-age or full disability pension,
(e) settlement of the levy in accordance with § 124 (8). "
96. The following Section 160a is inserted after Section 160, including the title and footnote 66a:
„§ 160a
Data provision
The sickness insurance authority shall also obtain the necessary data from the official register (66a) if it does not itself keep such records, but may obtain data from it in electronic form in a way that allows remote access.
66a) § 6 (2) sentence of the third Act No. 500 / 2004 Coll. '.
97. In the first sentence of Article 161 (1), the words "or, as the case may be, in accordance with Section 91a, the business office," shall be inserted after the word "insurance."
98. In the first sentence of Section 167, the words "isolation69a) a 'shall be inserted after the words" also'.
footnote 69a reads:
"69a) § 2 (5) of Act No. 258 / 2000 Coll. '.
99. the following Section 167a is inserted after Section 167, including the title and footnote 72:
„§ 167a
Forms
In the cases provided for by this Act, the self-employed against trade authorities shall be issued after consultation with the Czech Social Security Administration.
72) § 45a (3) of the Trade Code. '
100. In Article 174, paragraphs 6 and 7 are added:
"(6) The period of study referred to in Article 32 (4) (a) shall also be considered as the period of study before 1 January 2009, provided that such study constituted participation in insurance under the rules applicable on 31 December 2008.
(7) In 2009, if entitlement to maternity allowance was established within a period of protection from the insurance of students and pupils, the amount of maternity allowance shall be determined in accordance with the provisions in force on 31 December 2008. ';
101. Paragraph 177 (2) is deleted and paragraph 1 is deleted.
102. In Paragraph 178, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) for a staff member whose place of employment is permanently abroad and whose employment passes from before 1 January 2009 to after 31 December 2008, that his employment does not constitute an insurance participation from 1 January 2009; that fact is required to be accompanied by confirmation of the compulsory participation of that employee in the pension scheme in the State where the place of permanent employment is situated. ';
103. At the end of § 180, the sentence "The employer is obliged to notify the interruption of the insurance on the prescribed form until 31 January 2009."
104. § 195 reads:
„§ 195
The right to a regression compensation under this Act shall arise if the alleged infringement under Paragraph 126 occurred after 31 December 2009. '

ČÁST DRUHÁ

Amendment to Act No. 582 / 1991 Coll.
Čl. II
Act No. 61 / 2006, Act No. 61 / 2006, Act No. 61 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, Act No. 71 / 2006, No 2006 / 2006, No 2006, Act No. 71 / 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No.
1. footnote 4a and footnote 60a in § 54a and § 83 (2) (a) are deleted, including the references to those footnotes.
2. in § 5 (ch):
"(ch) gives notice to the district social security administration (§ 6 (4) (s)) that a citizen who is temporarily unable to work has been recognised in full or in part as invalid under legal proceedings."

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Regulation Information

CitationAct No. 305 / 2008 Coll., amending Act No. 187 / 2006 Coll., on sickness insurance, as amended, and some other laws
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation21.08.2008
Effective from01.01.2009
Effective until-
Status Valid
The regulation text is for informational purposes only.
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