Decree No. 31 / 1965 Coll.
Decree of the Central Council of Trade Unions implementing certain provisions of the Law on compensation for accidents at work and occupational diseases
Valid
Effective from 01.05.1965
31
DECLARATION
Central Trade Union Councils
of 1 April 1965
implementing certain provisions of the Law on compensation for accidents at work and occupational diseases
The Central Council of Trade Unions, in agreement with the participating central authorities, provides, pursuant to Articles 15 (1) and 27 (1) of Act No. 30 / 1965 Coll., for compensation for accidents at work and occupational diseases (hereinafter referred to as "the Act '):
Article 2 of the Act
Performance of tasks
(1) The performance of the tasks is the performance of employment obligations arising from the employment relationship, the other activity carried out at the direction of the organisation and the activity which is the subject of the mission.
(2) The performance of the tasks shall also be an activity carried out for an organisation at the initiative of a social organisation or collaborators, or an activity carried out for an organisation on its own initiative, unless the worker needs a specific authorisation for it or acts against an explicit ban on the organisation.
(3) In direct connection with the performance of work tasks, the actions necessary for the performance of the work and during the work shall be normal or necessary before or after the work. However, this does not include catering or treatment, or medical examination, except for tests carried out at the orders of the organisation or treatment to provide first aid.
(4) In the direct context of the performance of the tasks, there is also an activity that helps to fulfil the political, economic and social tasks of the organisation. Under these conditions, training of staff of an organisation organised by management or a social organisation, or a superior body of the organisation, and training for the members of a social organisation organised by a higher body of the organisation, monitoring the improvement of the political and professional preparedness of workers, shall be considered to be directly related to the performance of the tasks.
(5) The accident at work shall also be considered as an accident suffered by the worker for the performance of his duties.
Travel to work
(1) Travel to and from the place of employment means a journey from the worker's place of residence (accommodation) to the place of entry to the establishment or another place to perform the work and return; in agricultural, forestry and construction plants, a journey from residence to a designated workplace or a designated assembly site and back.
(2) The journey from the town of residence of the worker to the workplace or to the place of accommodation in another municipality, which is the object of the business trip, unless the municipality of his regular place of work is at the same time, is considered to be necessary before or after the beginning of work (Section 1 (3)).
Compensation for loss of earnings and compensation for survivors
Article 7-14 of the Act
Original earnings
(1) In determining the compensation for loss of earnings under the other provisions of this Decree, the net earnings earned by the disabled prior to the accident at work or the detection of an occupational disease ("the original earnings') shall be taken into account. The initial earnings shall be calculated on the gross earnings paid in the 12 calendar months preceding the accident at work or the detection of an occupational disease (hereinafter referred to as" the accident at work '), by establishing the average monthly gross earnings from which the wage tax is then deducted at the rate applicable to the worker during the period of the accident at work. Gross earnings include all types of wages which are subject to and are not wholly or partly exempt from payroll tax.
(2) If the permanent employment relationship of the worker is still 12 calendar months on the day of the accident, the initial gross earnings shall be calculated for the period from the date of employment to the end of the calendar month preceding the month in which the accident occurred. If the employment does not last for a full calendar month, the average gross earnings achieved by collaborators who perform the same work or work of the same type shall be taken as the basis for calculating the original earnings before the accident.
(3) If there has been a permanent change in the basic salary of the worker at the time referred to in the preceding paragraphs, the calculation of the initial earnings shall only take into account the period after that change; the provisions of paragraph 2 shall apply mutatis mutandis.
(4) For a worker who has not worked for a part of the period referred to in the preceding paragraphs because he has been on leave or for important obstacles to work, the calculation of the initial earnings shall not take account of the period of time at which he has not worked for those reasons or of the remuneration paid for that period.
(5) Where an occupational disease worker has been transferred to another work and the occupational disease has only been detected after such transfer, gross earnings paid to the disabled during the last 12 calendar months before such transfer shall be taken as the basis for the calculation of the initial earnings, if this is more favourable to him. Paragraphs 2 to 4 shall apply mutatis mutandis.
Compensation for loss of earnings during incapacity for work
The calculation of compensation for loss of earnings during the period of incapacity for work is based on the difference between the original earnings and the full amount of the sickness benefit which would be due to him under the sickness insurance rules in the case of non-constitutional treatment.
Compensation for loss of earnings after the end of incapacity for work
If, when determining the amount of compensation for loss of earnings after the end of incapacity for work or the recognition of full (partial) invalidity, the invalidity or partial invalidity pension provided for reasons of accident at work is taken into account, the amount of these pensions shall be based on the amount of the pension before deduction of the special pension tax; they shall also be disregarded for any reduction in such pensions under social security rules.
(1) The income after an accident at work is the net monthly earnings calculated on the gross monthly earnings of the disabled, which include all types of wages which are subject to and are not wholly or partly exempt from payroll tax.
(2) Where an organisation which is obliged to provide compensation proves that the disabled earns less from his or her guilt in employment after an accident at work than other workers working in the organisation in which he or she is working, the same work or work of the same type as the disabled worker, the income from the accident at work shall be considered to be the average earnings earned by those other workers.
(3) The reduction or increase in the earnings of the worker following an accident as a result of the tax rate, where this is due to reasons not related to his health as a result of an accident at work, is not taken into account when determining the amount of compensation for loss of earnings.
Where a worker is wholly or partly disabled as a result of an accident at work which he has suffered within five years of the end of his schooling or of his studies, the original earnings from the date on which he was awarded an invalidity or partial invalidity pension shall be the average earnings achieved by his co-workers working for the type of work for which the disabled worker was brought up in the last 12 calendar months, if this is more favourable to him.
Payment of compensation for loss of earnings
Compensation for loss of earnings after an accident at work shall be paid by the organisation once a month.
Compensation of survivors
Funeral costs
(1) The costs of the funeral are in particular the costs charged by the funeral home, the cemetery fees, travel expenses, the costs of setting up a memorial or a plaque and the adjustment of the grave and one third of the actual costs of the funeral dressing.
(2) The reimbursement of the costs of setting up a monument or a plaque may not exceed 5000 CZK. The cost of funeral clothing and travel expenses shall be paid only to the closest members of the deceased's family and household.
Disposable compensation for survivors
One-off compensation for survivors shall be granted to the spouse on the basis of a marriage certificate, to children on the basis of proof of an orphan's pension.
Compensation for loss of earnings in certain specific cases
In the case of a worker who is in several working conditions at the time of the accident or is also active on the basis of an agreement on employment, the amount of compensation for loss of earnings shall be based on the average earnings achieved in all such employment relationships, for as long as they may last. If there has been damage to health in the main job, the organisation shall provide compensation for the loss of earnings earned in the next employment relationship, or on the basis of an employment agreement, only if it knew about this additional activity and did not require its termination. This applies mutatis mutandis if the worker worked in the cooperative at the time of the accident at work.
Workers who have suffered an accident at work in an employment relationship agreed for a certain period or in the performance of work under an agreement on employment, concluded for a certain period, shall be compensated for loss of earnings only until the relationship was to end. After this period, compensation for loss of earnings shall be paid only if, according to the circumstances, it is reasonable to assume that the disabled would continue to be employed permanently.
If an old-age or invalidity pension beneficiary has suffered an accident at work, he shall be entitled to compensation for loss of earnings for as long as he has not ceased to be employed for reasons unrelated to his work injury. However, if a pensioner does not continue to work for reasons relating to his or her accident at work, he or she shall be compensated for as long as he or she is able to work before the accident at work.
Method and extent of compensation for other persons
Article 15 of the Act
The derogations provided for in the other provisions of this Decree shall apply to damages to other persons legally entitled to it.
JZD members
(1) A person who is permanently working in a single agricultural cooperative and who is not in employment with him or his member shall be assessed as a member of the cooperative as regards compensation for accidents at work and occupational diseases.
(2) The initial earnings of a member of the single agricultural cooperative with cash remuneration shall be determined in accordance with Article 3. For a member of a single agricultural cooperative who has not switched to cash remuneration, the basis for calculating the initial earnings shall be the number of units of work he has worked at the time at which the initial earnings are calculated; if they have not worked for serious reasons for part of this period, the basis is the number of working units that would have worked with respect to their personal skills and working opportunities of the cooperative. The remuneration for the unit of work shall be fixed annually at the level of the remuneration for the units of the other members of the cooperative. From the date on which the cooperative ceases to reward its members in labour units, the original earnings are the earnings that the injured party would probably have achieved at that time in cash remuneration. Compensation for loss of earnings shall be paid to the annual member meeting of the co-operative in advance, and the bill shall be made at the same time as the remuneration is charged to the other members of the cooperative.
(3) Tasks related to the individual management of the fungi are not considered to be the performance of the tasks.
Apprenticeship
(1) The apprentice is responsible for the damage caused by the accident at work which occurred to him during his career education, an organisation which had been trained by the apprentice at the time of the accident at work. If there has been an accident at an apprenticeship school managed and managed by a national committee, the national committee shall be responsible for the damage.
(2) From the day when education to the profession was to end in the classroom, the apprentice is entitled to compensation for loss of earnings only
(a) for as long as, as a result of an accident at work, he has extended his education to the profession in the classroom;
(b) during the period of incapacity for work injury,
(c) if he has become disabled or partially disabled as a result of an accident at work.
(3) For apprentices, the original earnings are:
(a) during the preparatory period, the remuneration due to it under special rules, including the value of accommodation and meals provided in whole or in part free of charge;
(b) during the period of professional development, when he is unable to perform productive work training, the average net earnings achieved by the organisation in the course of productive work by other apprentices in the same field of study;
(c) from the date on which his education was to end in the teaching relationship, the average net earnings achieved in the previous 12 calendar months by workers engaged in the organisation of work of the type for which the apprentice was brought up.
Students and pupils
(1) The responsible national committee and university students are responsible for the damage they have suffered in teaching or education in non-educational establishments, the competent national committee and the university students. If there is damage in working in production or in operating practice, it shall correspond to the students and pupils of the organisation for which they have worked.
(2) As from the date on which school attendance or study was to end, pupils and students shall be entitled to compensation for loss of earnings by analogy in accordance with Paragraph 16 (2).
(3) In the case of students and pupils, the initial earnings are the average net earnings achieved by qualified professional workers for whom the student or pupil was preparing. In the case of pupils of basic nine-year-olds and secondary general education schools, the mental and physical capacity of the pupil before the accident at work shall be taken into account and the profession in which the pupil could be employed after leaving school.
Teachers who carry out production experience or participate in the professional work of an organisation in an organised increase in their qualifications shall be responsible for the damage caused by the accident at work.
Member of the Armed Forces
(1) The members of the Czechoslovak People's Army are responsible for the damage caused by the accidents at work which occurred to them in the performance of their duties, the Ministry of National Defence, the members of the army of the Ministry of Interior and Security of the Ministry of Interior are responsible for the Ministry of Interior.
(2) The basis of the calculation of the original earnings of persons called upon to carry out a military basic service whose employment relationship to the organisation or member relationship to the cooperative lasts or exceptionally ends in a protective period is their average net earnings for 12 calendar months prior to the beginning of the service. From the date on which the invalidity or partial invalidity pension has been granted to those persons, the original earnings shall be the earnings calculated in accordance with Paragraph 7, if more favourable to them; The same applies to a person who has been called on to another service in the armed forces and has become wholly or partly disabled as a result of an accident at work which he or she has suffered up to 5 years after the end of the course or after school or studies.
(3) The calculation of compensation for loss of earnings for persons called upon to serve in the armed forces after the end of the teaching relationship shall be treated in a similar manner to those of apprentices and those who were called upon to do so after graduation, as for students. In the case of persons who were not in employment or in a Member's relationship to the cooperative for serious reasons prior to the entry into service, the compensation for the loss of earnings shall be calculated on the basis of the earnings which they could obtain in the light of their qualifications.
Funders of national committees and social organisations, judges and members of law firms
(1) Citizens performing public functions for national committees are responsible for the damage caused by the accident at work which occurred to them in the performance of their duties by the competent national committee. For the officials of the national committees who are fully relieved of their previous employment, the gross earnings referred to in Article 3 shall include the full remuneration due to them under the applicable rules for the performance of their duties.
(2) The members of the social organisation are responsible for the damage caused by the accident at work which occurred to them in the performance of their duties, the social organisation. However, where these officials assist in this activity at the same time to fulfil the political, economic or social tasks of the organisation in which they are employed, they shall be responsible for that organisation.
(3) The courts of local folk courts set up at the workplace are responsible for the damage caused by the accidents at work which occurred to them in the performance of their duties, the organisation in which the local folk court is established, the judges of other local folk courts of the local national committee, the other judges of the competent court. The members of the legal organisations shall be responsible for the regional association of lawyers of which the lawyer is a member.
Brigadier
(1) Any person who voluntarily assists in carrying out important tasks in the general interest in the framework of an organised action is a member of the temporary staff, without the usual employment. The Brigadier is also the one who temporarily assists in a single agricultural cooperative with his knowledge, or who assists in self-help cooperative housing construction within the scope of self-assistance as defined by the National Committee in the decision on the admissibility of the construction or in the construction actions carried out to enhance the establishment of consumer cooperatives.
(2) The Brigadier is responsible for the damage caused by the accident at work which occurred to him during the work of the Brigade, an organisation for which the brigade worked at the time of the accident at work. However, voluntary assistance (part-time), organised under patronage, shall be considered as a work task; the damage in this case is the responsibility of the organisation in respect of which he is in employment.
Other organisations' staff
(1) The right to compensation under the law also applies to members of public or competitive voluntary fire protection units and to members of the mining rescue service who suffer an injury in the performance of their duties, as well as to persons who, at the request of the local national committee or the commander of the intervention, and who, in accordance with his instructions and with his knowledge, assist in the intervention or training of the unit and who suffer the injury. In such cases, the organisation in which the unit or service is set up shall be responsible to the members of other voluntary fire protection units by the competent national committee.
(2) In addition, the right to compensation under the law is granted to inventors and enhancers who suffer injury during the examination, development or introduction of an invention or improvement theme for the organisation or in agreement with it. The same goes for the volunteer civil defence, the medical officers of the Czech Red Cross, blood donors, the members of the Mountain Service, as well as those who personally assist in the field rescue operation and as per its instructions, participants in the preparation for the defence of the Czechoslovak Socialist Republic, public security helpers and border guards and volunteer social security carers, if they have suffered an accident in the performance of tasks related to the performance of the relevant function or activity. The organisation for which they were active at the time of the accident is always responsible for the damage to these persons.
(3) Damage caused by an accident at work to a person who is not in employment and whose training for the profession is carried out under social security rules is the responsibility of the organisation for which the training for the profession (activity) is carried out. For these persons, the initial wage is the basic wage (lower limit of the tariff range) due to the disability in the profession for which preparation is made, but always at least 800 CZK per month.
Final provisions
The role of the race committee of the basic organization of the Revolutionary Trade Union Movement in the implementation of the Act shall be exercised by members of the production cooperatives of the Workers' Commission and by members of the Single Agricultural Cooperatives of the Commission on Safety and Health at Work and, where appropriate, by the Social Commission.
The Order of the Central Council of Trade Unions, the Ministry of Health and the State Social Security Office No 7 / 1962 Coll., implementing certain provisions of the Act on Reimbursement in Injury and Occupational Diseases, is hereby repealed.
This decree shall take effect on 1 May 1965.
For the President:
Pashek v. r.
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Regulation Information
| Citation | Decree No. 31 / 1965 Coll., implementing certain provisions of the Act on compensation for accidents at work and occupational diseases |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.04.1965 |
|---|---|
| Effective from | 01.05.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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