Government Decree No. 318 / 1997 Coll.
Government regulation on compensation for loss of earnings after disability caused by accidents at work or occupational diseases and on compensation for loss of earnings after disability or invalidity (adjustment for loss of earnings)
Valid
Regulation
Effective from 17.12.1997
Text versions:
17.12.1997
318
GOVERNMENT REGULATION
of 26 November 1997
on the adjustment of compensation for loss of earnings following the cessation of incapacity for work caused by accidents at work or occupational diseases and the adjustment of compensation for loss of earnings after the cessation of incapacity for work or disability (adjustment of compensation for loss of earnings)
The Government orders pursuant to § 202 (2) of the Labour Code No. 65 / 1965 Coll., as amended by the Act of the Czech National Council No. 37 / 1993 Coll., and pursuant to § 447 (3) of the Civil Code:
ADJUSTMENT OF REFUNDS ON LOSS OF THE ALLOWANCE AFTER COMPETITION OF WORKING INSTALLATION OR NON-PERFORMANCE PURSUANT TO WORK LAW
(1) The compensation for loss of earnings after the cessation of incapacity for work or occupational diseases (hereinafter referred to as "compensation for loss of earnings") for workers under the Labour Code or earlier Regulations (1) before 1 January 1993 shall be adjusted by increasing by 10%, but not less than CZK 620, unless otherwise provided for in paragraphs 2 and 3.
(2) According to paragraph 1, the average net earnings are only increased to CZK 22.800.
(3) The increase referred to in paragraph 1 shall not be made if the average net earnings exceed CZK 22.800.
(1) The compensation for the loss of earnings due to employees under the Labour Code after 31 December 1992 is adjusted by increasing by 10%, but by at least CZK 750, unless otherwise provided for in paragraphs 2, 3 and 3 (1).
(2) According to paragraph 1, the average gross earnings are only increased to CZK 27360.
(3) The increase referred to in paragraph 1 shall not be made if the average gross earnings exceed CZK 27360.
(1) In the event of entitlement to compensation for loss of earnings after 31 December 1996, the average gross earnings shall not be increased in accordance with Article 2.
(2) The adjustment provided for in paragraphs 1 and 2 shall be made without the request of the staff member; at the request of the staff member, where the compensation for loss of earnings was not due solely to an increase in the invalidity or partial invalidity pension under the social security rules.
(3) The adjustment provided for in Articles 1 (1) and 2 (1) shall be made at the request of the staff member, even where the compensation for the loss of earnings was not in his place because it did not allow for the provision of Article 195 (2) of the Labour Code in force before 1 June 1994.
ADJUSTMENT OF THE REFUND FOR LOSS ON THE GROUND AFTER COMPLIANCE OR INVALIDITY UNDER CIVIL LAW
The compensation for the loss of earnings after the end of incapacity for work or incapacity (4) (hereinafter referred to as "compensation ') shall be adjusted by increasing by 10% the average earnings for the calculation of the compensation or, where appropriate, increased in accordance with previous legislation5. The adjustment of the refund shall not be made in accordance with the first sentence if entitlement to the refund is acquired after 31 December 1996.
COMMON PROVISIONS
Article 4 (1) shall apply to compensation for loss of earnings after adjustment under Paragraph 1 (1) and to compensation after adjustment under Paragraph 4. In Act No. 160 / 1993 Coll., amending and supplementing the Act of the Czech National Council No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by the Act of the Czech National Council No. 10 / 1993 Coll., and some other laws.
The compensation for loss of earnings and the compensation provided for in this Regulation shall be due from 1 December 1997.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Prof. Ing. Klaus CSc.
Minister for Labour and Social Affairs:
PhDr. Volák v. r.
Minister of Justice:
JUDr. Parkan v. r.
1) Sections 193 and 195 of the Labour Code. Section 112 of Act No. 99 / 1948 Coll., on National Insurance. Section 6 of Act No. 58 / 1956 Coll., on compensation for accidents at work and reimbursement of medical care costs and sickness and pension benefits. Section 7 and 31 of Act No. 150 / 1961 Coll., on Reimbursements for accidents at work and occupational diseases. Section 8 of Act No. 30 / 1965 Coll., on Compensation for accidents at work and occupational diseases.
2) Decree of the Government of the Czech Republic No. 138 / 1976 Coll., on the treatment of certain compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Decree of the Government of the Czech Republic No. 60 / 1982 Coll., on the treatment of certain compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Act No. 297 / 1991 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Decree of the Government No. 191 / 1993 Coll., adjusting compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Government Decree No 263 / 1994 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Government Decree No 291 / 1995 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases. Government Decree No 298 / 1996 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings).
3) Government Decree No. 263 / 1994 Coll. Decree No. 291 / 1995 Coll. Government Decree No. 298 / 1996 Coll.
4) Articles 445 and 447 (1) and (2) of the Civil Code.
5) Decree of the Government of the Czech Republic No. 128 / 1992 Coll., on the adjustment of compensation for loss of earnings after cessation of work or invalidity. Decree of the Government No. 50 / 1994 Coll., on the adjustment of compensation for loss of earnings after cessation of incapacity for work or incapacity. Government Decree No. 317 / 1995 Coll., on the adjustment of compensation for loss of earnings after cessation of incapacity for employment or invalidity. Government Decree No. 298 / 1996 Coll.
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Regulation Information
| Citation | Government Decree No. 318 / 1997 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment for loss of earnings) |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.12.1997 |
|---|---|
| Effective from | 17.12.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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