Act No. 308 / 1993 Coll.
Act amending and supplementing Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended, Act No. 32 / 1957 Coll., on sickness care in the armed forces, as amended, and Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on allowances for children from sickness insurance, as amended
Valid
Effective from 01.01.1994
308
THE LAW
of 3 December 1993
amending and supplementing Act No 54 / 1956 Coll., on sickness insurance of workers, as amended, Act No 32 / 1957 Coll., on sickness care in the armed forces, as amended, and Act No 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on allowances for children from sickness insurance, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 16 / 1959 Coll., Act No. 58 / 1964 Coll., Labour Code No. 65 / 1965 Coll., Act No. 87 / 1968 Coll., Act No. 88 / 1968 Coll., Legislative measure of the Bureau of the Federal Assembly No. 8 / 1982 Coll., Act No. 73 / 1982 Coll., Act No. 148 / 1983 Coll., Act No. 109 / 1984 Coll., Act No. 51 / 1987 Coll., Act No. 110 / 1990 Coll., Act No. 180 / 1990 Coll., Act No. 306 / 1991 Coll., Act No. 550 / 1991 Coll., Czech National Council Act No. 582 / 1991 Coll., Act No. 235 / 1992 Coll.
1. In the second sentence of Paragraph 2 (2), the word "prosecutors' is replaced by" prosecutors' and the words "Presidium Council 'are deleted.
2. In Article 3 (3), the words "or, where appropriate, in another legal register, or is kept in a designated register with the competent authority in the Czech Republic, 'shall be inserted after the words" in the Commercial Register'.
3. In Article 5 (b), the words "or, for employers, in an employment relationship concluded under foreign law 'shall be inserted after the words" and immunity'.
4. In the second sentence of Article 15 (1), the following words are added at the end: "from an activity forming part of the sickness insurance from which the sickness insurance is provided '.
5. In Paragraph 17 (1), "190 CZK 'is replaced by" 270 CZK'.
6. In Paragraph 18 (6), the part of the sentence behind the semicolon reads: "if there is no such quarter or if the relevant period cannot be determined in accordance with paragraphs 2 and 4, the sickness allowance shall be determined from the deductible income which the staff member would likely have achieved on a calendar day in the calendar month in which his incapacity for work arose. '
7. In Paragraph 18 (7), the following sentence is added at the end, including footnote 8: "In the case of a beneficiary of a parental allowance who carries out a job to the extent provided for in the Parental Contribution Act, 8) when the relevant period is established, the period of such employment shall not be taken into account if he so requests.
8) Paragraph 4 (1) (a) of Act No. 382 / 1990 Coll., on Parental Contributions, as amended by Act No. 117 / 1992 Coll. '.
8.
The old-age or invalidity pension beneficiaries shall be granted sick leave in the same incapacity for no more than 84 calendar days and multiple incapacity for 84 calendar days in one calendar year; such restrictions shall not apply if incapacity for work is caused by an accident at work (occupational disease). ';
9. In Paragraph 25 (5), "67 'is replaced by" 69'.
10. Paragraph 40 shall be added to paragraph 3, including footnote 9:
"(3) If a self-employed person, cooperating person (9) or their family member dies, the persons who performed the funeral are entitled to the death grants provided for in Article 29. The entitlement to the death allowance shall be subject to the participation of a self-employed or cooperating person in the pension scheme of self-employed persons in the calendar month of death and the payment of pension premiums and the contribution to the state employment policy payable on the date of death; Paragraph 42 (1) shall apply mutatis mutandis. If the premiums due are paid within three months of the date of death, the condition for payment of the premiums shall be deemed to have been met.
9) Paragraph 2 (3) and (4) of Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 37 / 1993 Coll. and Act No. 307 / 1993 Coll. '.
11. in Paragraph 42 (3), the following sentence shall be added at the end: "However, the establishment of a pension or sickness insurance scheme for self-employed persons shall not cease to exist in respect of entitlement to sickness and maternity benefits due to insurance under this law; in that case, the withdrawal period shall expire only on the date on which the entitlement to the sickness insurance benefits of self-employed persons is acquired, provided that it has not already expired earlier in accordance with paragraph 2. ';
12.
Conversion of benefits rights
Support for the birth of a child, funeral and child allowance shall be granted only once for the same reason. Entitlements for other sickness insurance benefits shall be assessed separately. ';
13. The following Paragraph 43a is inserted after Paragraph 43:
Entitlements for foreign residence
(1) Sickness insurance benefits are also granted for the period of permanent residence of the beneficiary, unless otherwise provided for in paragraph 2.
(2) Support for the birth of a child belongs to a family member only if, at the time of birth, she was permanently resident in the Czech Republic. The deceased in the death of a member of the family belongs to the employee only if the member of the family had permanent residence in the Czech Republic at the time of death. "
14. In Paragraph 51 (1), the words "and for the period of permanent residence abroad are not relevant '.
Act No. 32 / 1957 Coll., on Diseases Care in the Armed Forces, as amended by Act No. 58 / 1964 Coll., Act No. 87 / 1968 Coll., Legislative Measures of the Bureau of the Federal Assembly No. 8 / 1982 Coll., Act No. 109 / 1984 Coll., Act No. 180 / 1990 Coll. and Act No. 37 / 1993 Coll., are amended as follows:
1. Sections 1, 2 (1) (d) and 3, 4 (3), 6, 7 (2), 9 and 10, 12 to 14 and 28 (2) are deleted.
2. In Article 2 (1) (b), the words "other armed corps in the field of the Ministry of Interior 'are replaced by the words" Police of the Czech Republic and members of other armed corps and security services'.
3. in Article 3 (1) (c) and (2) (b), "25 years" is replaced by "26 years."
4. In Article 5 (1), "Preventive and medical care and benefits' is replaced by" Benefits'.
5. In Article 5 (3), the words "free preventive and therapeutic care and on 'are deleted.
6.
The sickness benefits are:
(a) sick persons,
(b) maternity allowance;
(c) compensation for pregnancy and maternity,
(d) aid for the birth of a child;
(e) death grants;
(f) education. ';
7. in Articles 16 (2) and 21 (1), the word "national" shall be deleted.
8. In Paragraph 17, "190 CZK 'is replaced by" 270 CZK'.
9. In Paragraph 18, "67 'is replaced by" 69':
10. in § 21 (2), § 29, 32 and 33, the words "national defence and interior" are replaced by the words "defence, interior and justice."
11.
(1) The Ministry of Defence, Home Affairs and Justice is in charge and control of sickness care. The Ministry of the Interior also performs these tasks for other armed security forces and security services.
(2) The provision of sickness care benefits is provided by the Ministry of Defence for Soldiers, the Ministry of Interior for members of the Police of the Czech Republic and the Ministry of Justice for Members of the Prison Service of the Czech Republic; the provision of such benefits to members of other armed security corps and security services shall be provided by such corps and services. ';
12. in Paragraph 34 (2), the words "state health authorities" are deleted.
Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on the allowance for children from sickness insurance, as amended by Act No. 99 / 1972 Coll., Act No. 73 / 1982 Coll., Act No. 57 / 1984 Coll., Act No. 109 / 1984 Coll., Act No. 51 / 1987 Coll., Act No. 103 / 1988 Coll., Act No. 180 / 1990 Coll., Act No. 306 / 1991 Coll., Act No. 582 / 1991 Coll., Act No. 37 / 1993 Coll., and Act No. 266 / 1993 Coll., is amended as follows:
1. In Paragraph 4 (1), the word "earnings' is replaced by the words" deductible income 'and the following sentence is added at the end: "However, no account shall be taken of the decrease in the deductible income resulting from the shorter working time following the transfer of the worker to another work.'
2. In the second sentence of Paragraph 5 (2), the amount of "190 CZK 'is replaced by" 270 CZK' and the following sentence is added at the end: "Paragraph 4 (1) of the second sentence also applies here. '
3. the following words shall be added at the end of Paragraph 5 (4) (a): "or quarantine ordered under the Code on measures against communicable diseases."
4. In Article 6 (2), the words "social security 'in point (c) are replaced by the words" sickness insurance' and points (f) and (g) are deleted.
5. Article 6 (3) reads as follows:
"(3) Only the period of participation in sickness insurance from such employment shall be taken into account in respect of claims for child support from several employment. The period of participation in sickness insurance from other employment may only be counted once, to the extent that the sickness insurance lasted before the sickness insurance is established, from which the entitlement to maternity benefit is claimed. If the periods of participation in sickness insurance from other employment are covered by each other, overlapping periods may also be counted to 270 days for entitlement to maternity assistance in other employment; in that case, however, the period of participation in one sickness insurance can only be counted once. The previous sentences shall apply mutatis mutandis to the calculation of the periods referred to in paragraph 2 within 270 days. Until 270 days, the period of participation in sickness insurance from another employment, or the period referred to in paragraph 2, shall be taken into account if, according to the previous sentences, it is deductible within 270 days of the employment from which the maternity allowance is paid at a higher daily rate (Section 8 (2)). ';
6. In the second sentence of Article 7 (1), the words "from the activity of participating in the sickness insurance from which the assistance is provided 'shall be inserted after the words" income (Article 5 (6))'.
7. In Paragraph 8 (2), "67 'is replaced by" 69'.
8. Paragraph 17 (1) (b) and (c) and paragraph 3 of the sentence after the semicolon shall be deleted.
9. In Paragraph 20 (1), the words "living in the Czechoslovak Socialist Republic 'are replaced by the words" residing in the Czech Republic and staying in its territory'.
Paragraph 21 to 23 shall be deleted.
11. Article 26 (2) reads as follows:
"(2) The provisions of paragraph 1 shall apply mutatis mutandis to the coexistence of rights of child benefit from staff sickness insurance and rights of child benefit and education under Part Four. ';
12. In Part Four, the following Section 31 is inserted after Section 30:
(1) Children's allowances and childbirth aid also belong to self-employed persons engaged in the pension scheme of self-employed persons in the calendar month in which the childbirth took place or for which the child allowance is to be granted, provided that pension insurance has been paid and the contribution to the national employment policy for the entire period of participation in the pension scheme, with the exception of the calendar month in which the childbirth took place or the child allowance is to be granted; Paragraph 42 (1) of the Staff Insurance Act applies here mutatis mutandis. If the premiums due are paid within three months of the date of birth or on the last day of the calendar month for which the child allowance would otherwise be due, the condition for payment of the premiums shall be deemed to have been met. If the birth occurred in the calendar month in which the participation in the pension scheme of self-employed persons occurred, pension insurance and the contribution to the national employment policy for that calendar month must be paid; This applies mutatis mutandis to entitlement to child benefits.
(2) The provisions of the preceding paragraph apply mutatis mutandis to cooperating persons.
(3) Support for the birth of a child also belongs to the family members of the persons referred to in the preceding paragraphs. "
Article 13 (32) (2) shall be deleted and paragraph numbering shall be deleted.
14. in the first sentence of Paragraph 33 (2), the words "their material security (12)" shall be replaced by the words "sickness care in armed forces (11)."
Footnote 12) is deleted.
15. In Section 35, the words "in which other cases child allowances are granted for a child who is staying abroad, which are later set at equal working hours' and" working time '.
Transitional provisions
(1) The amount of sickness, maternity aid, family care aid and compensation allowance for pregnancy and maternity, to which entitlement was established before 1 January 1994 and which continues after 31 December 1993, shall be adjusted without application as from 1 January 1994 under this Law.
(2) For the beneficiary of the parental allowance who was entitled to the benefit referred to in paragraph 1 before 1 January 1994 and which lasts beyond 31 December 1993, that benefit shall be fixed on application from 1 January 1994 pursuant to Article 18 (7) of Act No. 54 / 1956 Coll. (Article I (7)).
(3) The provisions of paragraph 1 shall apply mutatis mutandis to the amount of sickness and maternity aid due to sickness insurance for self-employed persons under the Social Security Act.
Repeal
Paragraph 3 (6) of Act No. 480 / 1992 Coll., on the substantive security of soldiers and pupils of the armed forces schools and their liability for damage, is deleted.
The President of the Chamber of Deputies is hereby authorised to declare in the Collection of Laws of the Czech Republic the full text of Act No. 54 / 1956 Coll., on the sickness insurance of employees, as is apparent from subsequent regulations.
Efficacy
This Law shall take effect on 1 January 1994.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 308 / 1993 Coll., amending and supplementing Act No. 54 / 1956 Coll., on sickness insurance of workers, as amended, Act No. 32 / 1957 Coll., on sickness care in the armed forces, as amended, and Act No. 88 / 1968 Coll., on extended maternity leave, on maternity benefits and on allowances for children from sickness insurance, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1993 |
|---|---|
| Effective from | 01.01.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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