Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 31 / 1993 Coll.
Decree of the Ministry of Labour and Social Affairs of the Czech Republic on the assessment of temporary incapacity for social security purposes
Valid
Effective from 01.01.1993
31
DECLARATION
Ministry of Labour and Social Affairs of the Czech Republic
of 22 December 1992
on the assessment of temporary incapacity for work for social security purposes
The Ministry of Labour and Social Affairs of the Czech Republic provides according to § 127 paragraph 1 (a) of the Act of the Czech National Council No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by the Act of the Czech National Council No. 590 / 1992 Coll., in agreement with the Ministry of Health of the Czech Republic:
Basic provisions
(1) Temporary incapacity for work (hereinafter referred to as "incapacity for work") is assessed by the treating doctor or, where appropriate, by the competent district social security management1) by his doctor (hereinafter referred to as "district social security administration's doctor").
(2) For the purposes of this Decree, the treating physician shall mean a doctor who has a citizen in his outpatient, constitutional or spa care, with the exception of a medical emergency and emergency care doctor, and a doctor who has a preventive care for a citizen in first aid treatment, if he is entitled to medical care (hereinafter referred to as "the doctor ').
(3) For the purposes of this decree, employment until now shall be understood as an activity involving participation in sickness insurance in the exercise of which the incapacity for work has arisen and, where appropriate, as a result of the incapacity for work within a period of withdrawal, (2) the activity from which the withdrawal period arises.
(4) The professional incapacity of a citizen who carries out several activities involving participation in sickness insurance is assessed separately by the doctor for each activity.
Recognition of incapacity for work
(1) The doctor recognises the work of the incompetent
(a) a citizen who, by examination, finds that his or her health status for sickness or accident (hereinafter referred to as "disease") does not permit him or her to pursue an existing employment or self-employment;
(b) a citizen who has been admitted to constitutional care in a healthcare institution or who has been provided with comprehensive spa care (3) at the cost of health insurance (hereinafter referred to as "comprehensive spa care") for the whole period of stay;
(c) a citizen who has been admitted to constitutional care with a minor child as a guide, 4)
(d) a jobseeker, if he is unable to fulfil the obligations of the jobseeker (5) or is unable to work within the appropriate employment provided by the competent authority;
(e) a citizen who is unable to pursue his or her current employment, his or her current self-employment or to fulfil the duties of a candidate for employment for damage or loss to an orthopaedic aid, for as long as necessary to correct him or her or a new aid measure.
(2) The doctor will recognise, in connection with pregnancy and labour, an incompetent woman who is not entitled to maternity allowance from the beginning of the sixth week before the expected date of birth.
(1) Incapacity for work begins on the day on which the doctor found it. If the citizen has already worked on that day, the work incapacity begins on the following calendar day. In justified cases, in particular if the doctor was not in time to achieve this, the doctor may recognise a citizen's work incapacitated on an earlier day, but not more than three calendar days before the date on which he found incapacity for work; for a longer period, it may do so only after prior written agreement of the county social security authority's doctor.
(2) If, after examination, a doctor does not find reasons for recognising incapacity for work and the citizen insists on recognising incapacity for work, he shall be treated in accordance with a special rule. 6)
(1) The doctor confirms the incapacity for work on the prescribed form, 7) which is evidence of incapacity for work.
(2) The proof of incapacity for work includes:
(a) the legitimacy of the work of an incompetent citizen (hereinafter referred to as the "legitimacy");
(b) reporting to the organisation (small organisation) or, where appropriate, to the competent employment office of the beginning of incapacity for work;
(c) a report to the organisation (small organisation) or, where appropriate, to the competent employment office on the cessation of incapacity for work;
(d) reports to the competent district social security administration.
(3) The proof of incapacity for work is intended for the exercise of the right to sickness, 8) for the registration of work incapacity for citizens 9) and for an apology of absence in the current employment.
(4) The doctor's identification and reporting to the competent district social security administration marks the day of the next medical treatment and the extent and duration of the work of an incompetent citizen. The doctor shall notify the change in the scope and duration of the work of an incompetent citizen to the competent district social security administration; However, the scope and duration of the trip may be changed not earlier than the day following the date on which the change was notified to the competent district social security administration.
(5) On the prescribed form, the doctor confirms the duration of the incapacity for further payment of the sickness. 10)
(1) A doctor may transfer the work of an incompetent citizen with the consent of that citizen to another doctor. Where a doctor authorises a job to an incapacitated citizen to change his residence, he shall assess the suitability of his transfer to the care of the doctor at the authorised place of residence.
(2) The doctor shall notify the transfer of the work of an incompetent citizen into the care of another doctor to the competent district social security administration on the day of the transfer.
(1) The doctor shall keep records of the work of incompetent citizens. He cooperates with the county social security authority's doctor to determine the conditions of the treatment regime and to inform him of the violation of the treatment regime which he himself found.
(2) In cases where the nature of the disease so requires, the doctor shall evaluate the citizen's health status and the history of the disease with the district social security authority's doctor or with a preventive care racing doctor, in particular with a focus on the need for a comprehensive functional examination.
(3) After six months of incapacity for work, including the calculation of previous incapacity to be included in the sickness insurance support period, 13), the doctor and the district social security doctor shall evaluate the history of the illness and the state of health of the citizen; In the case of a long-term unfavourable health condition, 14) the doctor shall submit to the county social security administration the medical documentation of the work of an incompetent citizen.
Termination of incapacity
(1) Your doctor will end your incapacity
(a) a citizen, if he finds by examination that his or her state of health allows him or her to pursue his or her current employment or self-employment;
(b) a citizen at the end of comprehensive spa care;
(c) when a citizen who has been admitted to constitutional care with a minor child as a guide from a medical institution,
(d) a candidate for employment, where his or her medical condition allows him or her to fulfil the duties of a candidate for employment or is able to work within the framework of an appropriate job facilitated by a competent employment office;
(e) a citizen who, after correction or measure of a new orthopaedic aid, can carry out an existing job, an existing self-employment activity, perform the duties of a candidate for employment, or is able to carry out work within the framework of an appropriate job,
(f) a citizen who, according to the medical assessment14a) has long-term ability to continue his work and his state of health is stable;
(g) women, if they are entitled to maternity allowance, at the beginning of the sixth week preceding the expected date of birth, unless the woman has taken maternity leave earlier;
(h) a woman who is not entitled to maternity benefit and is unable to work in connection with pregnancy and childbirth, at the end of the sixth week after birth, unless the woman continues to work for reasons other than pregnancy and childbirth.
(2) The doctor will cease incapacity if the citizen does not appear for medical treatment without serious reasons on the day specified by the doctor. If a citizen was unable to come to medical treatment for serious reasons and the reasons for incapacity for work continue, the doctor shall recognise the incapacity for work retrospectively; such incapacity for work shall be deemed to be the continuation of the incapacity for work preceding that. If a doctor finds serious reasons only after three calendar days from the date on which the citizen did not show up for medical treatment, he may recognise the incapacity to work retroactively during the previous period only after prior written agreement of the county social security administration physician.
(3) The date of cessation of incapacity for work shall be indicated by the doctor in his / her ID, in his / her report to the organisation (small organisation) or, where appropriate, to the competent employment office. The legislation in which it indicates the final statistical mark of the diagnosis shall be sent to the relevant district social security administration.
(4) Paragraph 3 (2) shall apply mutatis mutandis to the procedure for disapproval of a citizen by a doctor.
Where a citizen is recognised again on the following calendar day as unfit for health or for a new illness following the end of incapacity for work, that incapacity shall be deemed to be a continuation of the previous incapacity for work; This also applies if a woman who is unable to work in connection with pregnancy and childbirth continues to work after the sixth week after childbirth for reasons other than pregnancy and childbirth.
At the time of the provision of monetary assistance in maternity care, a woman shall not be considered unfit for work, except where, according to a medical opinion, she cannot or may not care for a child for a serious long-term illness; A man shall be assessed by analogy for the duration of the financial assistance. 15)
(1) For the work of an incapacitated citizen who is entitled to sick leave and who, according to the decision of the competent district social security administration, has passed on incapacity for work
(a) in full invalidity, incapacity for work ends on the last day of entitlement to sickness, 16)
(b) in partial invalidity, the incapacity for work shall be terminated on the last day of entitlement to sickness, 17) if the work capacity referred to in Article 7 (1) has not been restored before.
(2) In the case of the work of an incapacitated citizen who is not entitled to sick leave, the incapacity for work shall be terminated on the day on which the district social security administration has recognised him fully or partially disabled.
Assessment of incapacity for work in connection with constitutional care
A doctor of a medical institution in whose constitutional care a citizen has been admitted shall, at the end of his or her tenure, assess whether his or her incapacity for work is lasting and either terminate it pursuant to § 7 or, in the case of the transfer of work to an incapacitated citizen under § 5, extend it by a maximum of three calendar days. The incapacity of a citizen is further assessed by a doctor who has taken over the work of an incompetent citizen into outpatient care.
Assessment of incapacity for work in connection with spa care
(1) If the incapacity for work has been recognised before the start of the comprehensive spa care, the spa doctor shall record the date on which the certificate was taken.
(2) If the reasons for incapacity for work persists even after the completion of the comprehensive spa care, the spa doctor shall record the termination of the stay in the card; in such cases, the work of the incompetent citizen shall be reported to the doctor within three calendar days. The obligation given in the sentence shall be first brought to the attention of the spa doctor of the work of an incompetent citizen.
(1) If a citizen is unable to work before the start of the spa allowance or spa care paid for by a citizen, the doctor shall cease to work incapacity no later than the day preceding the date of the start of the spa care.
(2) A spa doctor shall recognise an incapacity for work if, in the course of the provision of spa care or spa care paid from the means of a citizen, a person cannot be provided with spa procedures due to illness, but for a maximum period of five calendar days.
Final provisions
Sections 19 to 28 and 30 and 30a of the Ministry of Health Directive No 49 / 1967 of the Ministry of Health Bulletin on the Assessment of Health at Work (registered in the amount of 2 / 1968 Coll.), as amended by the Ministry of Health of the Czech Socialist Republic Directive No 17 / 1970 of the Ministry of Health of the Czech Socialist Republic on Changes in the Assessment of Health at Work (registered in the amount of 20 / 1970 Coll.), are hereby repealed.
This Decree shall take effect on 1 January 1993.
Minister:
Ing. Vodice v. r.
1) § 6 paragraphs 1 and 2 of the Czech National Council Act No. 582 / 1991 Coll., on the organisation and implementation of social security.
2) Article 42 of Act No. 54 / 1956 Coll., on the sickness insurance of employees, as amended.
3) § 27 of the Decree of the Government of the Czech Republic No. 216 / 1992 Coll., issuing the Health Code and implementing certain provisions of the Czech National Council Act No. 550 / 1991 Coll., on General Health Insurance.
4) § 24 of Decree of the Government of the Czech Republic No. 216 / 1992 Coll.
5) Article 4 (3) of the Act of the Czech National Council No. 9 / 1991 Coll., on Employment and Jurisdiction of the Bodies of the Czech Republic on the Employment Sector.
6) § 77 of Act No. 20 / 1966 Coll., on the Care of People's Health, as amended.
7) Form SEVT 14 506 0.
8) § 62 of the Act of the Czech National Council No. 582 / 1991 Coll., as amended by the Act of the Czech National Council No. 590 / 1992 Coll.
9) § 6 paragraph 4 (t) of the Act of the Czech National Council No. 582 / 1991 Coll., as amended by the Act of the Czech National Council No. 590 / 1992 Coll.
10) Form SEVT 14 523 0.
13) § 94 paragraph 1 of the Act of the Czech National Council No. 582 / 1991 Coll., as amended by the Act of the Czech National Council No. 590 / 1992 Coll. § 15 paragraph 4 of Act No. 54 / 1956 Coll., as amended.
14) Section 17 of Decree No. 149 / 1988 Coll., implementing the Social Security Act.
14a) Directive of the Ministry of Health No 49 / 1967 Bulletin of the Ministry of Health on the assessment of medical fitness for work, as amended by Directive No 17 / 1970 Bulletin of the Ministry of Health of the Czech Republic, Decree No. 487 / 1991 Coll. and Decree No. 31 / 1993 Coll.
15) Paragraph 127 (2) of the Labour Code.
16) § 98 paragraphs 1 and 3 of the Czech National Council Act No. 582 / 1991 Coll.
17) § 98 paragraphs 2 and 3 of the Czech National Council Act No. 582 / 1991 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 31 / 1993 Coll., on the assessment of temporary incapacity for social security purposes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1992 |
|---|---|
| Effective from | 01.01.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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