Government Decree No. 310 / 2000 Coll.
Government Regulation on certain measures relating to the restructuring of the steel industry
Valid
Regulation
Effective from 05.09.2000
Text versions:
05.09.2000
310
GOVERNMENT REGULATION
of 23 August 2000
concerning certain measures relating to the restructuring of the steel industry
The Government mandates the implementation of Act No. 576 / 1990 Coll., on the Rules of Management of the Budget Funds of the Czech Republic and the Municipality of the Czech Republic (Budget Rules of the Republic), as amended by Act No. 579 / 1991 Coll., Act No. 166 / 1992 Coll., Act No. 321 / 1992 Coll., Act No. 10 / 1993 Coll., Act No. 189 / 1993 Coll., Act No. 57 / 1995 Coll., Act No. 154 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 160 / 1997 Coll. and Act No. 360 / 1999 Coll.:
Preliminary provisions
(1) This Regulation lays down the conditions and arrangements for granting:
(a) a contribution to the resolution of the social consequences of restructuring (hereinafter referred to as "the contribution") to the employees of the metallurgical companies listed in the Annex to this Regulation (hereinafter referred to as "the metallurgical company");
(b) grants to a steel company to cover losses arising from the write-off of its debt on outstanding interest-free loans granted to employees who are terminated in connection with restructuring (hereinafter referred to as grants).
(2) The contribution and subsidy are provided by the Ministry of Industry and Trade ("the Ministry") from the State Budget.
Contribution
(1) The contribution shall be granted to a worker of a metallurgical company to whom:
(a) the employment agreement with a metallurgical company for an indefinite period is concluded between 1 January 2000 and 31 December 2003 on the grounds set out in paragraphs 46 (1) (a) to (c) of the Labour Code and meets the following conditions:
1. be permanently in employment with a metallurgical company for at least 10 years;
2. at the date of reaching the age required for entitlement to an old-age pension, he shall be absent from him for a maximum of 10 years, but not less than 10 months; or
(b) the employment contract, negotiated with a steel company for an indefinite period, is terminated between 1 January 2000 and 31 December 2003 on the grounds set out in paragraphs 46 (1) (a) to (c) of the Labour Code, if it is an employee who has suffered damage in the course of work in a metallurgical society (occupational injury or occupational disease) or an employee who is lonely.
(2) The condition for granting the allowance is that in the district in which the metallurgical company is established, the unemployment rate for the previous half of the calendar year is at least the national average of the unemployment rate.
(3) If the employee is permanently in employment with a metallurgical company for a maximum of 10 years, the amount of the allowance shall be ten times his average monthly earnings, 1) a maximum of CZK 160,000. This maximum amount shall not include increases pursuant to § 3 (3) (a) to (d).
(4) If the employee is continuously in employment with a metallurgical company for more than 10 years, the amount of the allowance shall be ten times his average monthly earnings, 1) and if that ten times his average monthly earnings exceed CZK 160,000, the amount of the allowance shall be calculated by increasing for each year by which the employee's employment relationship to the metallurgical company exceeds 10 years by 10% of the difference between the staff member's average monthly earnings and CZK 160,000; This increase of over CZK 160,000 shall be carried out with a maximum of 10 individual years, by which the duration of the employment relationship to the metallurgical company exceeds 10 years, up to a maximum of CZK 30,000. This maximum amount shall not include increases pursuant to § 3 (3) (a) to (d).
(5) Until the continuous duration of the employee's employment relationship with the metallurgical company is also included, the duration of the employment relationship with a metallurgical company other than that with which the employee has an employment relationship at the time of termination, provided that his rights and obligations have been transferred from the employment relationship to the metallurgical company with which the employee has an employment relationship at the time of termination.
(1) The allowance shall be paid in two parts if the conditions laid down in Section 2 are met.
(2) The first part of the contribution of 40% of the amount calculated in accordance with Paragraph 2 (3) or (4) shall be paid without undue delay, but not later than the end of the eighth calendar month following the month in which the employment was terminated.
(3) The second part of the contribution of 60% of the amount calculated in accordance with Paragraph 2 (3) or (4) shall be paid at the latest by the end of the eighth calendar month following the month of termination of the employment. This second part of the allowance shall be increased if:
(a) the staff member, no later than the first calendar or working day of the following calendar month, has entered into employment and has entered into employment for a fixed period of time, but for at least 6 months, and in the month of payment of the second part of the allowance the employment continues to last; the increase is 10% of the second part of the contribution,
(b) the staff member, no later than the first calendar or working day of the following calendar month, has entered into employment and has entered into employment for a fixed period of time, but for at least 12 months, and in the month of payment of the second part of the allowance the employment continues; the increase is 20% of the second part of the contribution,
(c) the staff member, within 3 months of the end of the contract, but not later than the first calendar or working day of the following calendar month, has entered into employment and has entered into employment for an indefinite period of time, and in the month of the payment of the second part of the allowance the employment continues; the increase is 30% of the second part of the contribution; or
(d) the staff member has, within 3 months of the end of the contract, started to pursue a self-employed activity, carries out it for at least 6 months and continues to do so in the month of payment of the second part of the allowance; the increase is 50% of the second part of the contribution.
(4) The second part of the allowance referred to in paragraph 3 shall not be paid if the staff member applying to the competent employment agency pursuant to Article 7 of Act No. 1 / 1991 Coll., as amended, has been excluded from employment placement records pursuant to Article 7 (3) of that Act because he refused to enter the appropriate employment or intentionally obstructed cooperation with the employment office for no serious reason. The same applies in cases where the staff member refused or, without serious reasons, terminated early the retraining offered under Paragraph 10 of this Act.
(5) The increase in the second part of the allowance referred to in points (a) to (c) of paragraph 3 shall be reduced proportionately in respect of a contract of employment for at least two thirds of the weekly working hours laid down; where working time is agreed for a shorter period, the second part of the allowance shall not be increased in accordance with paragraph 3 (a) to (c).
(1) Compliance with the conditions for payment of the second part of the allowance is demonstrated by the staff member by the following documents accompanying the application:
(a) for the purposes of the payment referred to in the first sentence of Article 3 (3), by confirming that it is kept in the register of applicants for employment or by certifying that it is not held in that register, provided that the employment mediation is not applied to the competent office of employment, but together with confirmation that it has been or has not been removed from that register or, where appropriate, by an employment contract;
(b) for the purposes of the payment referred to in Article 3 (3) (a) to (c), by contract of employment and by confirming to the competent employment office that, from the date of taking up employment, it has not been kept in the register of jobseekers, including confirmation that it was or was not removed from that register during the period prior to taking up employment;
(c) for the purposes of the payment referred to in Article 3 (3) (d), by means of a document confirming the entitlement to start a self-employed activity under the special rules;
(2) The contribution is considered to be income from dependent activities for taxation purposes.
(1) The resources from the State budget to cover the payment of the contribution will be transferred by the Ministry to a special account of the metallurgical company with banks, on the basis of a breakdown which it will draw up in agreement with the Ministry of Finance and after consulting the metallurgical companies.
(2) The allowance is paid under the conditions laid down in this Regulation by a metallurgical company. In the case of unlawful use or detention of State budget funds intended for payment of the contribution, the provisions of Section 30 of the Law on the budgetary rules of the Republic shall be followed.
(3) The metallurgical company shall record the status and movement of the funds held in the special bank account referred to in paragraph 2 in its books on 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.
Subsidy
The Ministry shall grant a subsidy to a metallurgical company on the basis of its request, submitted after the end of each calendar half-year in which the metallurgical company quantifies the amount of the subsidy requested and attests it to:
(a) a decision by a metallurgical company to waive the outstanding amount of interest-free loans granted by the metallurgical company to employees whose employment is terminated between 1 January 2000 and 31 December 2003 for the reasons set out in paragraphs 46 (1) (a) to (c) of the Labour Code in connection with the restructuring of the metallurgical company;
(b) the list of staff referred to in (a), indicating the amounts of interest-free loans waived to such staff.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Zeman v. r.
Deputy Prime Minister
and Chairman of the Legislative Council of the Government:
JUDr. Rychetský v. r.
Minister for Industry and Trade:
Doc.
Annex to Government Decree No 310 / 2000 Coll.
Structured steel steel companies
| NOVÁ HUŤ, a.s., Ostrava-Kunčice | VÍTKOVICE - Válcovna trub, a.s., Ostrava - Vítkovice |
| VÍTKOVICE, a.s., Ostrava-Vítkovice | Z - group a.s., Praha 1 |
| TŘINECKÉ ŽELEZÁRNY, a. s., Třinec-Staré Město | Železárny Veselí,a.s., Veselí nad Moravou |
| ŽDB a.s., Bohumín | ŽELEZÁRNY Hrádek a. s., Hrádek |
| VYSOKÉ PECE Ostrava, a.s., Ostrava-Kunčice | Železárny Chomutov a.s., Chomutov |
| JÄKL Karviná, a.s., Karviná-Hranice | Válcovny trub Chomutov a. s., Hrádek |
| VÁLCOVNY PLECHU, a.s., Frýdek-Místek | „NOVAL, společnost s ručením omezeným“, Kladno |
| Králodvorské železárny, a.s., okres Beroun, Králův Dvůr | SCHOLZ Stahlzentrum - Ost, s.r.o., Kladno |
1) Article 17 of Act No. 1 / 1992 Coll., on wages, remuneration for on-call and on average earnings, as amended.
2) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No 310 / 2000 Coll., on certain measures relating to the restructuring of the steel industry |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.09.2000 |
|---|---|
| Effective from | 05.09.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0