What is Act No. 32 / 1962 Coll.?

Act No. 32 / 1962 Coll., on Social Security of Cooperative Farmers — Social security law for cooperative peasants.

When it became Act No. 32 / 1962 Coll. effectiveness?

Act No. 32 / 1962 Coll. became effective 01.04.1962.

Is Act No. 32 / 1962 Coll. still valid?

Yes, Act No. 32 / 1962 Coll. is still valid and effective.

Act No. 32 / 1962 Coll. - Social security law for cooperative peas...

32

THE LAW

of 29 March 1962

on social security for cooperative peasants

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

§ 1

Purpose of the law

The construction of socialism and the successful development of our socialist society, based on the sustained and rapid growth of a single socialist economy, requires the gradual elimination of differences in working and other conditions between sectors and, in particular, between industrial and agricultural work.

At the same time, the current level of the entire national economy and the economic level of the economy of the single agricultural cooperatives and their immediate prospects for development make it possible, while requiring, that social security changes be made to cooperative farmers' social security and that the conditions between cooperative farmers, workers and other workers in employment be brought closer and that workers' and farmers' union be further strengthened. The approximation of social security for cooperative peasants and workers in employment will be ensured by the provision by the State of social security benefits and services for cooperative peasants under the conditions and to the extent laid down in the following provisions of this law. Under the rules on uniform preventive and therapeutic care, the State will provide preventive and therapeutic care to cooperative farmers and their family members free of charge and to the same extent as workers in employment. Cooperatives and cooperative farmers will contribute to the partial reimbursement of social security costs.

ČÁST PRVÁ

HLAVA PRVNÍ

Preliminary provisions

§ 2

Substantial social security content

Social security of cooperative peasants includes:

1. sickness insurance,

2. the security of the mother and child,

3. pension insurance,

4. the insurance of pensioners in sickness,

5th Social Services.

§ 3

Personal Range

According to this Act, members of the single agricultural cooperatives (cooperatives) and apprentices who are in the educational relationship to the single agricultural cooperative are secured.

§ 4

Scope of entitlements

The scope of social security claims shall be determined according to whether they are cooperatives with a higher level of management or other cooperatives. The Regional National Committee shall determine whether the cooperative has achieved a higher level of management according to the principles approved by the Government.

§ 5

The creation and demise of social security

(1) Social security arises from membership of the cooperative.

(2) Social security shall cease on the date on which membership of the cooperative ceased.

(3) A cooperative whose working activity in a cooperative is so small that, as a rule, it does not receive remuneration or the amount of 120 CZK per month, or normally does not work monthly or 8 working days or 8 performance standards set by the cooperative's membership meeting, is excluded from social security; However, social welfare benefits and services (§ 73) are provided to him.

HLAVA DRUHÁ

§ 6

Preventive and therapeutic care

(1) Cooperatives and their family members shall be provided as well as workers in employment free of charge with preventive and medical care under the rules on uniform preventive and therapeutic care. This includes, in particular, preventive care, disease and accident treatment, maternity aid, dental care, mutilation, degeneration and bodily defects, fertility and rehabilitation assistance. This includes the provision of medicines and medical and orthopaedic supplies and the payment of necessary travel and other expenses incurred in providing such care.

(2) Preventive and medical care must be of value and must correspond to the current state and level of medical science.

ČÁST DRUHÁ

HLAVA PRVNÍ

Social security benefits

§ 7

List of social security benefits (services)

Social security benefits are:

A. disease security:

1. cash benefits:

(a) sick persons,

(b) support for the treatment of a family member;

(c) death grants;

2. benefits in kind:

spa care;

B. mother and child security:

(a) maternity allowance;

(b) aid at the time of birth of the child;

(c) child allowances;

C. in pension insurance:

1. pensions:

(a) old-age;

(b) invalidity and partial invalidity,

(c) widower,

(d) widower,

(e) orphans,

(f) personal,

(g) social;

2. increase in invalidity and partial invalidity pension in an accident at work;

3. education;

4. increase in pensions for helplessness;

D. the social security of apprentices;

E. benefits of family members and pensioners in an accident at work;

F. sickness insurance for pensioners;

G. benefits and welfare services.

Díl první

Diseases

§ 8

(1) Sickness and support in the treatment of a member of the family are granted to members of cooperatives with a higher level of management.

(2) In other cooperatives, sickness and family care support shall be granted to members who:

(a) have been employed before entering the cooperative, have obtained, in accordance with the pension rules applicable to workers in employment, at least the period required for entitlement to an invalidity pension and have entered or entered the cooperative no later than three months after the termination of the contract; or

(b) have completed vocational or university education if they are engaged in a cooperative activity corresponding to their education; or

(c) have successfully completed the learning relationship with the cooperative, the production farm administration or the branch-managed organisation on the agricultural sector.

(3) The members of the cooperatives referred to in the preceding paragraph are granted sickness and family care aid only if the incapacity for work (need for treatment) occurred after 31 March 1964.

(4) Other sickness security benefits shall be provided to members of all cooperatives.

Sickness

§ 9

(1) In place of the remuneration of a member of a higher-level cooperative who is recognised as temporarily unfit for the disease or accident for the performance of his current activity in the cooperative; a member of a cooperative with a higher level of management admitted to institutional care in a preventive and therapeutic care facility (hereinafter referred to as "institutional treatment ') shall always be considered incompetent.

(2) In the case of spa care, sickness care shall be provided at the time of incapacity.

(3) The sickness allowance is granted from the first day of the temporary incapacity to carry on a cooperative activity for sickness or accident (hereinafter referred to as "incapacity for work") until the end of the incapacity for work or the recognition of invalidity or partial invalidity. However, sickness benefits shall be granted for a maximum period of one year from the start of incapacity for work ("support period ').

(4) In the case of new incapacity for work, the previous incapacity periods shall also be included in the support period if they fall within one year before the new incapacity arises.

However, those periods shall not be counted,

(a) if the work on the cooperative or in the previous employment relationship has lasted for at least 6 months from the end of the disability period; or

(b) where new incapacity for work has been caused by an accident at work (occupational disease).

The previous period of incapacity for work caused by accidents at work (occupational disease) is also not included in the support period.

(5) The sickness benefit may be granted even after the end of the period of support if, on the basis of the opinion of the Social Security Assessment Board, it can be expected that a member of a cooperative with a higher level of management will be able to acquire working capacity within a short period of time; However, it may be provided in this way for a maximum period of one year from the end of the support period.

(6) The sickness benefit belongs to a member of a cooperative with a higher level of management instead of the remuneration for the duration of the quarantine ordered under the rules on combating communicable diseases.

(7) Until otherwise provided for by the Government, sickness benefits due on working days shall be paid on the first seven calendar days of temporary incapacity for work or quarantine by the social fund of the cooperative, from the eighth day through State resources.

§ 10

(1) The sickness benefit is determined on the average daily salary of a member of the cooperative, but not more than 100 Kčs, including the value in kind provided as part of the remuneration ("the average daily wage"). The basis for calculating the average daily wage shall be the income from the work which a member of the cooperative has achieved in the last 12 calendar months prior to incapacity or quarantine.

(2) The sickness benefits on working days.

(3) The working days shall be equal to the working days for which compensation shall be granted to workers in employment.

§ 11

(1) The amount of the sickness allowance shall be:

při nepřerušené činnosti v témže družstvu	z průměrné denní pracovní odměny
do 1 roku	60 %
nad 1 rok do 5 let	70 %
nad 5 let	80 %.

(2) However, for the first three working days of incapacity for work, the amount shall be:

při nepřerušené činnosti v témže družstvu	z průměrné denní pracovní odměny
do 1 roku	50 %
nad 1 rok do 5 let	60 %
nad 5 let	65 %.

In the event of an incapacity for work caused by an accident at work (occupational disease) or by quarantine, the sickness shall be the first three working days of the period of sickness at the rate laid down in paragraph 1. The Government may, by regulation, provide that sickness benefits in the first three working days, even in other cases of incapacity for work.

(3) If the sickness provided for in paragraph 1 or 2 would be less than 16 Ccs per day, it shall be granted in that amount. However, if this amount exceeds 80% of the average daily wage of a member of the cooperative with a higher level of management, the sickness allowance shall be granted at the rate of 80% of that remuneration.

§ 12

A single, widowed or divorced member of a higher-level cooperative who does not fulfil a maintenance obligation in respect of any person shall be entitled to only half of the sickness provided for under the previous provisions for working days in which he is treated or is provided with spa care in respect of which he is entitled to sickness.

§ 13

(1) A member of a cooperative with a higher level of management who is paid from the pension of the cooperative's old-age pension in full, an invalidity pension or a personal pension shall be entitled to sick leave in the event of incapacity for work only if he has been active in the cooperative's social security scheme (§ 5) for at least 3 months immediately prior to the occurrence of incapacity for work. The sickness allowance shall be granted for the same incapacity for a maximum period of 60 working days, for multiple incapacity for a maximum period of 60 working days in one calendar year. These restrictions do not apply if incapacity for work is caused by an accident at work (occupational disease).

(2) Paragraph 1 shall also apply to beneficiaries of similar pensions under other pension schemes (insurance, provision).

§ 14

Disability may not be granted before the date on which incapacity for work was established as prescribed. However, if the incapacity for work has occurred before it has been established, the sick leave shall be admitted no more than three working days away; the condition is that early detection of incapacity for work has been prevented for serious reasons.

§ 15

(1) Disability to work for active tuberculosis may be increased up to the average daily wage if, for this reason, the incapacity for work lasts more than a month; when deciding on an increase in sickness benefit, they look at the overall health and social situation of the sick member of the cooperative and his family.

(2) However, during the period of constitutional treatment, an increased sickness benefit may be paid only if a member of the cooperative has at least one dependent child.

(3) The increase shall be decided on a proposal from the medical professional department. The increase in sick leave is generally granted for a maximum period of three months.

§ 16

(1) There is no entitlement to sick leave to incapacity for work:

(a) intended to lure out sick persons; or

(b) caused by participation in a fight; or

(c) as an immediate consequence of his drunkenness; or

(d) in committing an intentional offence for which the law provides for a custodial sentence whose upper limit exceeds one year.

(2) If a member of a cooperative with a higher level of management has family members, they may be paid sickness benefits up to three quarters in such cases; a member of a cooperative with a higher level of management without family members may, in the cases referred to in paragraphs 1 (b) to (d), be paid sickness benefit up to half.

(3) If a member of the cooperative infringes the rules on the reporting of incapacity for work and on the behaviour and bio-management of patients issued by public health authorities, the sickness allowance may be temporarily reduced or withdrawn; However, if a member of the cooperative has family members, the sickness allowance may only be reduced by a quarter at most.

§ 17

Support for family care

(1) A member of a cooperative with a higher level of management who cannot work because he has to treat a sick family member who lives with him in the same household, is entitled to sickness benefit instead of pay; the condition is that the patient cannot be placed in the hospital and that there is no person in the family who can treat the patient. Support for the treatment of a member of the family shall not apply where the treatment of a member of the family falls within a period for which a member of the cooperative is not entitled to another cause of employment.

(2) Support for the care of a member of the family belongs to a member of a higher-level cooperative who cannot work because he has to care for a child because of the fact that a nursery, kindergarten or nursery or, where appropriate, an agricultural shelter in which the child is otherwise treated has been closed by regulations of the competent authorities or because such a child has been ordered quarantine under the rules on combating communicable diseases; the condition is that there is no person in the family who can care for the child.

(3) The aid shall be granted for a maximum period of three working days; the payment can be extended by another three working days if the necessary care cannot be provided within the first three working days. A member of a cooperative with a higher level of management who has permanent custody of at least one dependent child and is otherwise lonely, the payment of the aid may be extended by a further six working days if one of the reasons referred to in paragraph 1 or 2 is for the child.

(4) If more than one person is entitled to support in the same family in the same case, the aid belongs to only one of them, particularly the working mother.

(5) The amount of aid shall be fixed in a similar manner to the amount of the sickness allowance.

(6) Until otherwise provided for by the Government, the aid due for working days in the first seven calendar days of the treatment of a member of the family from the social fund of the cooperative shall be paid from the eighth day of the treatment (paragraph 3) by State resources.

§ 18

Funeral

(1) If a cooperative dies, his survivors who have given the funeral shall be buried in the amount of 1000 Kcs. The surviving are the spouse, the companion, the children, the parents, the grandfather and the grandmother, the siblings, the father-in-law and the mother-in-law, the son-in-law and the daughter-in-law.

(2) If the funeral was carried out by someone other than the survivor, the funeral expenses shall be paid to him up to the amount of the cost of proof, but not more than 1000 CZK. However, funerals are not applicable if the funeral was carried out on the basis of an obligation under the contract or on the basis of official duties.

(3) If a cooperative has issued a funeral to his family member, he shall be entitled to a death of a family member under two years of age of 200 Kcs, death of a family member under ten years of age of 500 Kcs and death of a family member over ten years of age of 800 Kcs.

§ 19

Spa care

(1) Cooperatives and their family members may receive free spa care, including the reimbursement of the fare.

(2) Spa care is provided to cooperatives and their family members for social security purposes in spa care facilities of the state health administration.

Díl druhý

Mother and child security

§ 20

Money aid in motherhood

(1) Cooperative members are normally entitled to maternity leave for 22 weeks during pregnancy and maternity in connection with childbirth and childbirth care. At the end of the period, the co-operative to deepen maternity care guarantees the right to further maternity leave until the child reaches the age of one year.

(2) In pregnancy and maternity during maternity leave and, in some cases, for some other maternity leave, the cooperative is secured by a cash allowance from the social security of cooperative peasants under the conditions and to the extent laid down in this law.

(3) Cash support in maternity is the place of the remuneration or, where applicable, the place of the sickness cooperative involved in social security of cooperative peasants, if it has been involved in at least 270 days of such security or sickness insurance in the last two years before birth, in accordance with the rules applicable to workers in employment or members of production cooperatives, armed labour or the provision of pensioners in sickness; For this purpose, the period during which the cooperative received sickness or cash assistance in the last two years prior to childbirth after the completion of the insurance (insurance, care) is also eligible; the duration of the compulsory education is also counted up to 270 days in schools providing secondary, higher or higher education, regardless of whether the cooperative has participated in sickness insurance during that period. Where those periods cover each other in time, they shall be counted only once.

(4) The maternity allowance also belongs to a cooperative who has received a prescribed period of 270 days in accordance with the preceding paragraph and who is continuing the withdrawal period from her former sickness insurance (§ 31) at the beginning of the fourth week preceding the expected date of childbirth or who until that time receives sickness benefits from such sickness insurance.

(5) To pregnant women and breastfeeding mothers, the cooperative allocates easier work appropriate to their condition as recommended by the doctor.

§ 20a

(1) Financial assistance in maternity shall be granted, save as otherwise provided, for 22 weeks of maternity leave. It shall normally be provided from the beginning of the fourth week before the expected date of birth, but not before the beginning of the eighth week before that date.

(2) A co-worker who runs out of maternity leave before childbirth for less than four weeks because the birth occurred before the doctor has determined, or because the doctor has authorised her to continue to work with regard to her health and working conditions, monetary assistance in maternity shall be provided until 22 weeks after the starting of maternity leave. However, if a coworker is exhausted on maternity leave less than four weeks before childbirth for other reasons, she shall only receive monetary assistance in maternity until 18 weeks after the date of birth.

(3) In the case referred to in Paragraph 20 (4), monetary assistance in maternity shall be granted from the beginning of the fourth week before the expected date of birth.

§ 21

Amount of monetary assistance in maternity

(1) Cash assistance in maternity shall be determined from the average daily remuneration of the cooperative established in the manner indicated for the sickness (Section 10) in the 12 calendar months preceding the date on which she ceased to work for pregnancy or maternity, but not more than 100 Kccs, including in kind the value provided as part of the remuneration. If, at the time of pregnancy, the cooperative has been transferred to another work for health reasons or has been reduced by working time for such reasons, the basis for calculating the average daily pay, if it is more favourable to her, is the income from work for the last 12 calendar months before the change.

(2) Money assistance in maternity is payable for working days and holidays for which compensation is granted to workers in employment.

(3) The amount of maternity allowance for the first 18 weeks following the beginning of maternity leave is:

při nepřerušené činnosti v témže družstvu	z průměrné denní pracovní odměny
do 2 let	75 %
nad 2 roky do 5 let	80 %
nad 5 let	90 %

If monetary assistance in maternity under these rates would be less than 16 CZK per day, it shall be granted at an amount of 16 CZK per day; However, if this amount exceeds 90% of the cooperative's average daily wage, the allowance shall be granted for maternity assistance of 90% of the average daily wage.

(4) From the 19th week, the amount of monetary assistance in motherhood is:

v souvislosti s porodem	z průměrné denní pracovní odměny
prvního dítěte	40 %
druhého dítěte	50 %
třetího a dalšího dítěte	60 %

Where monetary aid in maternity under these rates would be less than 11 CZK per day, it shall be granted at an amount of 11 CZK per day; However, if this amount exceeds 60% of the cooperative's average daily wage, the maternity allowance shall be 60% of the average daily wage.

(5) The order of the child according to which the rate of maternity aid referred to in the preceding paragraph is fixed shall be determined by reference to the number of all children who have been given birth to the cooperative. The adoption of the child or, where appropriate, his or her permanent custody under § 21c is equivalent to birth for the determination of the order.

§ 21a

If the co-worker also gives birth to two or more children, she shall be provided with monetary assistance in maternity even after the period laid down in Paragraph 20a has been exhausted, provided that she takes care of at least two of these children on the next maternity leave, but no longer than 35 weeks after the date of the initial maternity leave. For this additional period of time, the amount of maternity aid shall be determined on the basis of the rates set out in Paragraph 21 (4).

§ 21b

(1) A co-worker who is unmarried, widowed, divorced or, for other serious reasons, lonely, does not have an otherwise assured livelihood and does not live with a species, is granted monetary assistance in maternity even after the exhaustion of the period laid down in § 20a, provided that he is in charge of the child born in another maternity leave, but no longer than 26 weeks after the date of the original starting of maternity leave.

(2) In the case referred to in the preceding paragraph, maternity allowance shall be granted from the 19th week at the rate of 70% of the average daily salary. Paragraph 21 (3) on the lowest amount of maternity aid applies in this case to the entire period of its provision.

§ 21c

(1) Money in maternity care also belongs to a cooperative who has taken over a child who has been entrusted with a decision by the competent authorities for a later adoption or a child whose mother has died in her permanent care replacing maternity care; the conditions for entitlement to maternity assistance must be fulfilled on the date of taking over the child in this case.

(2) In the case referred to in the preceding paragraph, the maternity allowance shall be paid instead of the remuneration or, where appropriate, the sickness allowance for the period during which the cooperative takes care of the child after taking over, but for no more than 18 weeks and no more than 26 weeks from the date of birth of the child. The amount of the maternity allowance shall be determined at the rates laid down in Paragraph 21 (3), on the basis of the cooperative's average daily wage for the last 12 calendar months before the child is taken over.

§ 21d

(1) If, for health reasons, the child has been taken into the care of an infant or other hospital and the cooperative has yet to work, the provision of cash assistance in maternity under the previous provisions shall be suspended during the period of work. From the date on which the cooperative took the child from the Institute back into her care and therefore ceased to work, the provision of cash assistance in maternity is continued until the total entitlement is exhausted, but no longer than the date on which the child reaches the age of one year.

(2) A cooperative who has ceased to care for a born child and has therefore been entrusted to family or institutional care replacing the care of the parents, as well as a cooperative whose child is in temporary care of the infant and, where appropriate, a similar institution for reasons other than health, does not have financial assistance in maternity for a period for which the child is not being cared for; However, this period shall be counted against the total period for which she would otherwise have had financial assistance in maternity. The provision of monetary assistance in maternity to a cooperative who has given birth may not be terminated before the expiry of 12 weeks after taking maternity leave, nor before the expiry of six weeks after the date of birth.

(3) If the child is born dead, the cooperative shall be provided with monetary assistance in maternity for a period of 12 weeks from the beginning of maternity leave; However, its provision may not expire before six weeks after the date of birth.

(4) If the child died at the time when the cooperative belongs to the mother-in-law, such assistance shall be granted for a period of two weeks from the date of death of the child, but no longer than until the total entitlement is exhausted; However, the provision of monetary assistance in maternity to a cooperative who has given birth may not end before the expiry of 12 weeks after the beginning of maternity leave, nor before the expiry of six weeks after the date of birth.

§ 21e

(1) As long as the cooperative is entitled to maternity leave under Articles 20a, 21c (2) and 21d.

(2) Maternity leave in connection with childbirth must not be less than 12 weeks and cannot be terminated or interrupted before six weeks have elapsed since the date of birth.

(3) After maternity leave, a co-worker who has given birth or taken over to her permanent care replacing maternity care shall be entitled to another maternity leave if she requests it in order to deepen childcare until the date on which the child reaches the age of one year. This leave shall be granted to the extent requested by the cooperative, but as a rule for at least one month.

(4) Allowances for maternity leave and other maternity leave to the extent provided for are also granted to cooperatives who have not received maternity aid.

(5) During maternity leave and other maternity leave, the cooperative shall not be entitled to work pay.

§ 22

Aid for the birth of a child

If a co-operative or a co-operative's family member are born, each child shall be entitled to an aid of 650 CZK. The aid belongs to the wife or the cooperative also if the birth occurred within 300 days of the death of the cooperative.

Child allowance

§ 23

Conditions of entitlement

(1) Children's allowances are payable for the calendar month of the cooperative if:

(a) has unprovided children (§ 24);

(b) he has worked for at least 20 working days in that calendar month to the extent appropriate to the working time laid down in the Statutes or in the Conditions of Employment; If the cooperative has not been able to fulfil this requirement for reasons which it did not cause, it shall be deemed to have worked for at least 240 working days in the last 12 calendar months and if it is a cooperative who has become a member of the cooperative during the year, at least a proportion of that number of working days for the period of membership of the cooperative; and

(c) is no more than permitted by the Model Statutes of the Single Agricultural Cooperatives for the Exposition of the Hume or live in a common household with a farmer of the Agricultural Soil for such an area.

(2) Children's allowances shall, if the other conditions are met, also be payable to a cooperative who is a person with altered working capacity or to a cooperative who looks after at least one unprovided child and is otherwise alone if they have worked at least 10 working days to the extent appropriate to the working time laid down in the Statutes or the Conditions of Employment; if they have not been able to meet this condition for reasons which they did not cause, it shall be deemed to have been fulfilled if they have worked for at least 120 working days in the last 12 calendar months and if it is a cooperative who has become a member of the cooperative during the year, at least a proportion of that number of working days for the period of membership of the cooperative.

(3) The working days shall be treated as:

(a) the days for which compensation is due to workers in employment under the applicable rules;

(b) the days for which sickness insurance is due, the support for the treatment of a member of the family or the maternity allowance; in the case of cooperatives active in other cooperatives, also the days of recognised incapacity for work for sickness or injury, unless the cooperative has established it in the manner referred to in Article 16 (1);

(c) days missed for public office or duties.

Citation	Act No. 32 / 1962 Coll., on Social Security of Cooperative Farmers
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	30.03.1962
Effective from	01.04.1962
Effective until	-
Status	Valid

Act No. 32 / 1962 Coll.

Social security law for cooperative peasants

Contents

§ 1

ČÁST PRVÁ

HLAVA PRVNÍ

§ 2

§ 3

§ 4

§ 5

HLAVA DRUHÁ

§ 6

ČÁST DRUHÁ

HLAVA PRVNÍ

§ 7

Díl první

§ 8

§ 9

§ 10

§ 11

§ 12

§ 13

§ 14

§ 15

§ 16

§ 17

§ 18

§ 19

Díl druhý

§ 20

§ 20a

§ 21

§ 21a

§ 21b

§ 21c

§ 21d

§ 21e

§ 22

§ 23

Contents

Comments 0

Regulation Information

Partner Websites

Favorites

Browsing History