Decree of the Ministry of Labour and Social Affairs No. 312 / 1993 Coll.

Q: Is Decree of the Ministry of Labour and Social Affairs No. 312 / 1993 Coll. still valid?

Yes, Decree of the Ministry of Labour and Social Affairs No. 312 / 1993 Coll. is still valid and effective.

Decree of the Ministry of Labour and Social Affairs amending and supplementing the Order of the Central Council of Trade Unions No. 165 / 1979 Coll., on sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases, as amended

Valid Effective from 01.01.1994

Čl. I „§ 2 „§ 19 „§ 27 „ODDÍL PÁTÝ § 28 § 29 § 30 § 31 § 32 § 33 Čl. II Čl. III

312

DECLARATION

Ministry of Labour and Social Affairs

of 10 December 1993

amending and supplementing the Order of the Central Council of Trade Unions No 165 / 1979 Coll., on sickness insurance for certain workers and on the provision of sickness insurance benefits to citizens in special cases, as amended

The Ministry of Labour and Social Affairs provides according to § 51a of Act No. 54 / 1956 Coll., on the sickness insurance of employees, as amended by the Act of the Czech National Council No. 37 / 1993 Coll.:

Čl. I

Decree No. 165 / 1979 Coll., on sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases, as amended by Decree No. 155 / 1983 Coll., Decree No. 79 / 1984 Coll., Decree No. 135 / 1984 Coll., Decree No. 59 / 1987 Coll., Decree No. 148 / 1988 Coll., Decree No. 123 / 1990 Coll., Decree No. 263 / 1990 Coll., Decree No. 501 / 1990 Coll., Act No. 306 / 1991 Coll., Act No. 306 / 1991 Coll., Act No. 582 / 1991 Coll., Act No. 590 / 1992 Coll., Decree No. 30 / 1993 Coll. and Act No. 37 / 1993 Coll., is amended as follows:

1. in Article 1, the following point (d) is inserted after point (c):

"(d) members of cooperatives who are not in employment relations with the cooperative but who carry out for the cooperative the work for which they are remunerated, and members of limited liability companies and commanditists of limited liability companies, if they are not in employment relations with the cooperative, but who carry out for it the work for which they are remunerated (Section 5),"

„§ 2

For the purposes of this decree, domestic workers who do not work in the employer's workplace but who, under the conditions laid down in the contract of employment, carry out work arranged for him at home in the working hours they plan for themselves, except for those workers who do so only occasionally and irregularly according to the employer's needs. '

3. Sections 9, 25, 26, 53, 60, 66a, 76, 77, 89, 91, 100, 102c, 102e including the headings and Article 102f (3) are deleted.

4. Paragraph 19, including the title and footnote 39, reads:

„§ 19

Duration of insurance, its formation and demise

(1) An irregular relief worker is insured only in those calendar months in which he has reached a deductible income of at least CZK 400. This amount shall be reduced proportionally in the calendar month in which he entered into employment and in the calendar month in which he ended his employment.

(2) An irregular relief worker is also insured in those calendar months in which he has not achieved a deductible income of CZK 400 because

(a) his incapacity for work for sickness or accident or for the provision of spa care has been maintained or he has been ordered to be quarantined in accordance with the rules on measures against communicable diseases;

(b) carry out public functions, civil duties or other acts of general interest, provided that the remuneration was not due to him;

(d) the irregular relief worker has been on maternity leave or other maternity leave;

(e) the worker for irregular assistance has received financial assistance or parental allowance.

(3) Where the employment relationship of a worker for irregular relief has the character of an occasional employment, 39) his insurance under paragraphs 1 and 2 does not arise.

(4) Where a worker for irregular relief has suffered an accident at work, he shall be regarded as insured in the calendar month in which he suffered the accident if his employment did not have the character of an occasional employment. 39)

(5) If the worker has not been insured for irregular assistance in certain calendar months because the conditions laid down in paragraphs 1 to 4 have not been met, the insurance shall be re-established on the first day of the calendar month in which the conditions were met again.

(6) The staff member's insurance for irregular assistance shall cease to exist on the last day of the calendar month in which the conditions laid down in paragraphs 1 to 4 are last fulfilled, but shall expire at the latest on the date of termination of the contract.

39) Article 6 of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 37 / 1993 Coll. '

5. Paragraph 21 is renumbered paragraph 1 and the following paragraph 2 is added:

"(2) Paragraph 5 shall apply mutatis mutandis to an irregular relief worker who carries out work at home. '

6. Article 27, including the title, reads:

„§ 27

Withdrawal period

The withdrawal period shall be calculated from the day following the day on which the staff member's insurance for irregular assistance was last completed. ';

7. in Part One, the following Section 5 is inserted after Section Four, including heading and note 40:

„ODDÍL PÁTÝ

MEMBERS AND COMPANIES

§ 28

Duration of insurance, its formation and demise

(1) A member of a cooperative who is not in employment relationship to the cooperative but is engaged in the work for which he is remunerated (hereinafter referred to as "member of the cooperative") shall be insured only in calendar months in which he has reached a deductible income of at least 400 CZK. This amount shall be reduced proportionately in the calendar month during which he first began to carry out the work for the cooperative for which he is remunerated and in the calendar month during which he ceased to perform such work.

(2) A member of the cooperative is also insured in those calendar months in which he has not achieved a deductible income of CZK 400 because

(b) carry out public functions, civil duties or other acts of general interest, provided that the remuneration was not due to him;

(d) receive monetary assistance in maternity, monetary assistance or parental allowance.

(3) The insurance of a member of a cooperative referred to in paragraphs 1 and 2 shall not arise if its relationship with the cooperative on the basis of which the cooperative is remunerated has the character of an occasional employment. 39)

(4) If a member of the cooperative has suffered an accident at work, he shall be considered insured in the calendar month in which he suffered the accident if his relationship with the cooperative on the basis of which he is remunerated did not have the character of an occasional employment. 39)

(5) If the member of the cooperative has not been insured in some calendar months because the conditions laid down in paragraphs 1 to 3 have not been met, the insurance shall be re-established on the first day of the calendar month in which those conditions were met again.

(6) The insurance of a member of a cooperative shall cease to exist on the last day of the calendar month in which the conditions laid down in paragraphs 1 to 3 are last fulfilled, but shall always expire no later than the date on which the cooperative ceased to carry out the work for which it is remunerated.

§ 29

Accruable income

A cooperative member's income shall be regarded as attributable to the cooperative as the work he carries out for them, which shall be included in the assessment basis40) for determining social security premiums and the contribution to the state employment policy.

§ 30

Calculation of sickness, maternity and maternity benefits

(1) Paragraph 21 (1) applies mutatis mutandis to members of the cooperative.

(2) Paragraph 5 shall apply mutatis mutandis to members of cooperatives who are remunerated by the cooperative.

§ 31

Support for nursing a family member Compensation allowance for pregnancy and maternity

If a cooperative member carries out the work for which he is remunerated, only occasionally and irregularly according to his needs, he shall not be entitled to aid in the treatment of a member of the family or to compensation in pregnancy and maternity.

§ 32

Withdrawal period

The withdrawal period shall be calculated from the day following the date on which the insurance of the member of the cooperative or member was last completed.

§ 33

Paragraph 28 to 32 shall apply mutatis mutandis to members of limited liability companies and to commanditists of limited liability companies, provided that they are not in employment relations with that company but are engaged in the work for which they are remunerated.

40) Paragraph 5 (1) (a) of the ČNR Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 160 / 1993 Coll. and Act No. 307 / 1993 Coll. '

8. Paragraph 51 (3) reads as follows:

"(3) The amount of monetary assistance in motherhood per calendar day is CZK 50 for students."

9. In Sections 72 and 85, "Paragraph 21 'is replaced by" Paragraph 21 (1)'.

10. in Paragraph 81 (2) (a), the word "combat" is replaced by the word "measures."

11. in § 97 (2), the amount "131 CZK" is replaced by "186 CZK."

12. In Paragraph 98 (3), the amount of "40 CZK" is replaced by "50 CZK."

Čl. II

If a student or a pupil or a citizen with an altered working capacity preparing for employment has been entitled to maternity benefit before 1 January 1994 and continues beyond 31 December 1993, this allowance shall be granted from 1 January 1994 at the rate in which it is due under this decree. The provisions of the previous sentence shall also apply to the provision of monetary assistance to men.

Čl. III

This Decree shall take effect on 1 January 1994.

Minister:

Ing. Vodice v. r.