Decree of the Ministry of Labour and Social Affairs No. 314 / 1993 Coll.
Decree of the Ministry of Labour and Social Affairs laying down the details of the establishment of socially efficient jobs and the creation of community service
Valid
Effective from 01.01.1994
314
DECLARATION
Ministry of Labour and Social Affairs
of 2 December 1993
laying down the details of the establishment of socially efficient jobs and the creation of community service
The Ministry of Labour and Social Affairs provides pursuant to § 5 paragraph 5 of the Act of the Czech National Council No. 9 / 1991 Coll., on Employment and Jurisdiction of the Bodies of the Czech Republic on Employment, as amended by the Act of the Czech National Council No. 64 / 1991 Coll. and the Act of the Czech National Council No. 272 / 1992 Coll. (hereinafter referred to as the Act):
(1) In the establishment of socially efficient posts (1) (hereinafter referred to as "new posts"), the employment office shall, in particular:
(a) the efficiency of the use of new jobs;
(b) the time when the new job is used;
(c) the period necessary for the establishment of a new post.
(2) The Labour Office makes a proposal to create new posts to express the Advisory Board, (2) if the employer proposes to create more than four new posts.
(1) The Labour Office shall conclude a written agreement with the employer to establish a new post under the law; (3) the agreement shall not be concluded with the Central Authority of the State Administration, the District Office, the State Fund and the Budgetary Organisation or the Social Welfare Organisation.4)
(2) The Agreement referred to in paragraph 1 contains in particular:
(a) the number and types of new posts to be set up;
(b) the employer's undertaking that the new posts referred to in (a) will be filled by citizens who are jobseekers 5) (hereinafter referred to as "jobseekers") and who are kept in the employment register, 6)
(c) other conditions which the employer must observe when establishing and occupying new jobs;
(d) the manner and amount of reimbursement of the costs of setting up new posts, 7)
(e) the employer's undertaking to reimburse the employment office for the cost of setting up new jobs if the conditions agreed are not complied with.
(3) The conclusion of the agreement referred to in paragraph 1 shall be subject to the submission of the employer's own business plan, with the anticipated cost of creating new jobs. Where more than four jobs are created, the conclusion of the agreement referred to in paragraph 1 shall be subject to an expert opinion (expert) on the facts referred to in Paragraph 1 (1).
(1) Labour authorities may:
(a) to pay interest on a loan granted by the money institution;
(b) provide repayable financial assistance;
(c) grant a grant.
(2) The amount of the funds referred to in paragraph 1 may not exceed CZK 50,000 per new job, depending on the labour market situation.
(1) Under the agreement referred to in Article 2 (1), employment seekers may also bear the costs of setting up a new post, 5) which is kept in the register of the employment office and begins to pursue a self-employed activity under special rules. 8)
(2) The Agreement referred to in paragraph 1 contains in particular:
(a) the conditions which the candidate for employment must comply with when establishing a new post for self-employment;
(b) the manner and amount of reimbursement of the costs of setting up a new post for self-employment;
(c) an undertaking by the applicant to return to the employment office the costs of setting up a new post for self-employment if, within two years of the payment of the costs, he ceases to pursue self-employment for health reasons under the conditions laid down in point (a).
(3) Repayment of the costs of setting up a new post for self-employment may not be requested from a jobseeker who has ceased to pursue self-employment for health reasons.
(4) Reimbursement of the costs of setting up a new post for self-employment [paragraph 2 (c)] to be reimbursed by the candidate for employment may be partially or fully waived by the employment office; taking into account the duration of the self-employed activity and the reasons for its termination.
(5) Paragraph 3 shall apply to the manner and amount of reimbursement of the costs of setting up a new post for self-employment.
(1) The Agreement on the creation of community service concluded by the Office of Labour with a municipality or employer under the Law, 9) contains in particular:
(a) the number of jobs to be created;
(b) types of work;
(c) the period during which jobs are created;
(d) the amount of compensation for the costs of creating a public service as referred to in paragraph 2.
The agreement cannot be concluded with the Central Authority, the District Office and the State Fund.
(2) The short-term job placement of a jobseeker (9) provided for in Article 5 (3) of the Act means a period not exceeding 12 consecutive months from the date of the appointment of the jobseeker to the place of community service.
(3) The cost of the establishment of community service referred to in paragraph 1 (d) may be borne by the employment office up to the actual wage costs paid to the jobseekers so placed.
The reimbursement of the costs referred to in paragraphs 2 to 5 shall be carried out by the offices of work from the means defined for this purpose in their budget.
If it encourages the establishment of new jobs and the creation of community service by the Ministry of Labour and Social Affairs, it shall proceed accordingly under this decree.
The Order of the Ministry of Labour and Social Affairs of the Czech Republic No. 22 / 1991 Coll., setting out the details of the establishment of socially effective jobs and the creation of community service, as amended by the Order of the Ministry of Labour and Social Affairs of the Czech Republic No. 349 / 1991 Coll. and the Order of the Ministry of Labour and Social Affairs of the Czech Republic No. 394 / 1992 Coll.
This Decree shall take effect on 1 January 1994.
Minister:
Ing. Vodice v. r.
1) Paragraph 5 (1) of the ČNR Act No. 9 / 1991 Coll., on employment and competence of the Czech authorities on the employment section.
2) § 7 of ČNR Act No. 9 / 1991 Coll.
3) § 5 (2) of the ČNR Act No. 9 / 1991 Coll.
4) § 45 of the ČNR Act No. 114 / 1988 Coll., on the jurisdiction of the Czech Socialist Republic bodies in social security.
5) Paragraph 7 (1) of Act No. 1 / 1991 Coll., on Employment.
6) § 12 (1) (f) of ČNR Act No. 9 / 1991 Coll.
7) § 5 (4) of ČNR Act No. 9 / 1991 Coll.
8) For example Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
9) § 5 (3) of the ČNR Act No. 9 / 1991 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs No. 314 / 1993 Coll., laying down the details of the establishment of socially efficient jobs and the creation of community service |
|---|---|
| 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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