Government Decree No. 320 / 1998 Coll.
Government regulation on compensation for loss of earnings after disability due to 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 31.12.1998
Text versions:
31.12.1998
320
GOVERNMENT REGULATION
of 30 November 1998
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 mandates pursuant to § 202 (2) of Act No. 65 / 1965 Coll., Labour Code, as amended by Act No. 37 / 1993 Coll., and pursuant to § 447 (3) of Act No. 40 / 1964 Coll., Civil Code, as amended by Act No. 131 / 1982 Coll.:
ADJUSTMENT OF REFUNDS ON LOSS OF THE ALLOWANCE AFTER COMPETITION OF WORKING INSTALLATION OR NON-PERFORMANCE PURSUANT TO WORK LAW
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') due to workers under the Labour Code or previous Regulations (1) shall be adjusted by increasing by 9% the average profit for the calculation of compensation for loss of earnings and, where applicable, increased by the labour law.
(1) If there is a claim for compensation for loss of earnings after 31 December 1997, the average profit applicable to the calculation of compensation for loss of earnings shall not be increased in accordance with Paragraph 1.
(2) The adjustment provided for in Article 1 shall be made without the request of the staff member; at the request of a staff member, where he has not been entitled to compensation for loss of earnings only as a result of an increase in the invalidity or partial invalidity pension under social security rules or an increase in the full invalidity or partial invalidity pension under the pension scheme.
(3) The adjustment provided for in Article 1 shall be made at the request of the staff member, even in cases where the compensation for loss of earnings was not due to him because it did not allow for the provision of Paragraph 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 loss of earnings after the end of incapacity for work or invalidity (3) (hereinafter referred to as "compensation ') shall be adjusted by increasing by 9% the average earnings applicable to the calculation of compensation or, where appropriate, increased in accordance with the previous rules, 4). 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 1997.
COMMON PROVISIONS
Article 2 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 1998.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Zeman v. r.
1. Prime Minister and Minister for Labour and Social Affairs:
PhDr. Špidla v. r.
Minister of Justice:
JUDr. Motél 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 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. Government Decree 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). 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).
3) Articles 445 and 447 (1) and (2) of the Civil Code.
4) Government Decree No. 128 / 1992 Coll., on the adjustment of compensation for loss of earnings after cessation of incapacity for 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. Government Decree No. 318 / 1997 Coll.
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Regulation Information
| Citation | Government Decree No. 320 / 1998 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) |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1998 |
|---|---|
| Effective from | 31.12.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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