Government Decree No 322 / 2002 Coll.
Government regulation laying down the conditions, amount and method of providing a contribution to the social consequences of the transformation of the state organization ČD
Valid
Regulation
Effective from 01.01.2003
322
GOVERNMENT REGULATION
of 19 June 2002
laying down the conditions, the amount and the manner in which the contribution to the resolution of the social consequences of the transformation of the state organization ČD
The government orders pursuant to § 36 of Act No. 77 / 2002 Coll., on the public limited company České dráhy, state organization Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on the State Company, as amended:
(1) This Regulation lays down the conditions, the amount and the manner in which the contribution to the resolution of the social consequences of the restructuring of the Czech Railways State Organisation ("ČD ') is to be granted.
(2) The contribution referred to in paragraph 1 (hereinafter referred to as "the contribution ') shall be provided by the Ministry of Transport (hereinafter referred to as" the Ministry') from the State Budget.
(1) The contribution shall be granted to the staff of the ČD public limited company or the staff of the Railway Infrastructure Administration, which, immediately before the date of entry into force of this Regulation, was to have an indefinite employment relationship with the Czech Railways and which, from the date of entry into force of this Regulation until 31 December 2008, is terminated by an agreement on the grounds provided for in Article 46 (1) (a), (b) or (c) of the Labour Code, if they are linked to organisational changes or are related to the restructuring of the Czech Railways and which:
(a) he has worked in employment with the Czech Railways, their legal predecessors and the legal successors of the Czech Railways for at least 10 years, of which at the end of the contract for a continuous period of at least 5 years, and has no more than 5 years until the age required to qualify for an old-age pension (1),
(b) has suffered, in the course of the work of the Czech Railways, their legal predecessors or legal successors, an occupational accident with permanent consequences or an occupational disease with permanent consequences (2) and, until the date of the age required for entitlement to an old-age pension (1), a maximum of five years is missing; or
(c) permanently care for a child who is deemed not to have been provided under special legislation (3) and is free, divorced or widowed, and has no more than 5 years of age until the age required to qualify for an old-age pension (1);
(hereinafter referred to as "the authorised staff member ').
(2) The contribution consists of a fixed component and a moving component.
(3) The fixed component is:
a) 110 000 CZK at the end of the employment of an authorised employee 3 years and no more than 5 years before the date of the age required for the entitlement to an old-age pension, 1)
b) CZK 60,000 at the end of employment of an authorised employee for more than 5 months and less than 3 years before the date of age required for the entitlement to an old-age pension, 1)
c) 30 000 CZK at the end of the employment of an authorised employee less than 5 months before the date of age required for the entitlement to an old-age pension. 1)
(4) The variable component is one tenth of the average monthly earnings of the eligible employee (4), but not more than CZK 30,000, and the number of full calendar months remaining for the beneficiary employee until the age required to qualify for the old-age pension, 1), but not more than 60 months.
(5) Staff members who, within a period of more than 5 years before the age required to qualify for an old-age pension (1), fulfil the other conditions referred to in paragraph 1 (b) or (c) shall be granted an allowance equal to sixty times one tenth of his average monthly earnings (4), but not more than 180 000 CZK.
(1) If the conditions laid down in § 2 (1) and (5) are met, the allowance shall be paid after termination of the contract as follows:
(a) one-off without an application for the full amount of the fixed and movable component within the next payment deadline, but not later than the end of the second calendar month following the month in which the employment contract ended for the beneficiary staff member, if he is a beneficiary of a staff member who is absent from his employment to the age required for entitlement to an old-age pension (1), 12 months or less;
(b) in two parts after the termination of employment, if the other authorised staff are concerned.
(2) The first part of the allowance of 60% of the amount calculated in accordance with Article 2 (3) and (4) or (5) shall be paid without application to the authorised staff member within the next payment deadline but not later than the end of the second calendar month following the month in which his employment ended.
(3) The second part of the contribution of 40% of the amount calculated in accordance with Article 2 (3) and (4) or (5) shall be paid on the basis of a written request from the authorised staff member at the earliest by the expiry of the twelfth calendar month and no later than 24 months after the last day of the calendar month in which his employment ended. This second part of the contribution shall be increased by:
(a) 6 000 CZK if, within 4 months of the date of termination of the contract, the authorised staff member has entered into a new employment contract for a fixed period of at least 6 months, or for an indefinite period, which, on the date on which the application for payment of the second part of the allowance continues to be made, or has entered into a written retraining agreement with the employment office, has completed or submitted to it;
(b) CZK 4,000 if, within 8 months of the date of termination of the contract, the authorised staff member has entered into a new contract for a fixed period, for at least six months, or for an indefinite period, which, on the date on which the application for payment of the second part of the allowance continues to be made, or has concluded a written retraining agreement with the employment office, has completed or submitted to it;
(c) CZK 2,000 if, within 12 months of the date of termination of the contract, the authorised staff member has entered into a new employment contract for a fixed period of at least 6 months, or for an indefinite period of time, which, at the date of the application for payment of the second part of the allowance, continues or has entered into a written retraining agreement with the employment office, has completed or is subject to that contract;
(d) 10 000 CZK, if within 6 months of the date of termination of the employment, the authorised staff member has started to pursue a self-employed activity and is continuously engaged until the date of application for payment of the second part of the allowance.
(4) The second part of the allowance may be paid on condition that:
(a) an authorised staff member applying to the employment agency was not excluded from the register of jobseekers (5) because he refused to take up an appropriate job without serious reasons or intentionally obstructed cooperation with the employment agency;
(b) the staff member has not refused or, without serious reasons, had not completed the proposed retraining under the special legislation, 6)
(c) the staff member has not entered into a new employment relationship with the legal successors of the Czech Railways; or
(d) the staff member has applied for payment by the end of the 15th calendar month from the last day of the calendar month in which his employment ended.
(5) When a contract of employment is concluded for a period shorter than the fixed weekly working time, the increase in the second part of the allowance referred to in paragraph 3 (a) to (c) shall be reduced proportionally.
Compliance with the conditions for payment of the second part of the allowance referred to in Article 3 (3) shall be demonstrated by the authorised staff member by the following documents accompanying the application:
(a) in the event of non-employment and non-participation in retraining, by confirming to the competent employment authority whether or not it is kept in the register of jobseekers and whether or not it has been excluded from that register, including the reason for the exclusion;
(b) in the case of employment and taking up employment, a certified copy of the contract of employment, a certificate of the employer of the length of working hours laid down and, where appropriate, the weekly working hours agreed and a certificate from the competent employment office that it has not been kept in the register of applicants for employment since the date of entry into employment;
(c) in the case of participation in retraining concluded by an agreement on retraining and confirmation by the competent employment authority that it is kept in the register of jobseekers;
(d) for the purposes of the payment referred to in Article 3 (3) (d), by means of a document confirming the entitlement to pursue the self-employed activity under the special legislation7) and the confirmation of the competent district social security administration and the competent tax office of registration as self-employed.
(1) The funds from the State Budget to cover the payment of the contribution will be transferred by the Ministry to the special accounts of the ČD public limited liability company and the Railway Infrastructure Administration State Organisation at the bank, on the basis of a breakdown which it will draw up in agreement with the Ministry of Finance and after consultation with the ČD public limited liability company and the Railway Infrastructure Administration state organisation.
(2) The legal persons referred to in paragraph 1 shall record the status and movement of the funds held in the special bank account referred to in paragraph 1 in their books on a separate off-balance-sheet account and, after each calendar quarter, shall demonstrate to the Ministry the correctness of the amounts paid from that account.
(3) The contribution shall be paid by the legal persons referred to in paragraph 1 under the conditions laid down in this Regulation. In the event of unauthorised use or detention of the State budget funds intended for the payment of the contribution, the specific legislation governing the breach of budgetary discipline shall be followed. 8)
This Regulation shall take effect on the date of the establishment of ČD.
Prime Minister:
Ing. Zeman v. r.
Minister for Transport and Communications:
Ing. Schling v. r.
1) Paragraph 29 of Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll. and Act No. 289 / 1997 Coll.
2) Paragraph 190 (3) of the Labour Code. Government Decree No. 290 / 1995 Coll., establishing a list of occupational diseases.
3) Article 11 of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll. and Act No. 242 / 1997 Coll.
4) Article 17 of Act No. 1 / 1992 Coll., on wages, remuneration for on-call and on average earnings, as amended by Act No. 74 / 1994 Coll. and Act No. 217 / 2000 Coll.
5) Paragraph 7 (3) of Act No. 1 / 1991 Coll., on Employment, as amended by Act No. 578 / 1991 Coll. and Act No. 167 / 1999 Coll.
6) § 10 of Act No. 1 / 1991 Coll., as amended by Act No. 231 / 1992 Coll. and Act No. 167 / 1999 Coll.
7) For example, Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
8) Article 44 of Act No. 218 / 2000 Coll., on Budgetary Rules and on the Amendment of Certain Related Acts (Budgetary Rules), as amended by Act No. 157 / 2001 Coll. and Act No. 320 / 2001 Coll.
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Regulation Information
| Citation | Decree of the Government No. 322 / 2002 Coll., laying down the conditions, amount and method of providing a contribution to solving the social consequences of the transformation of the state organization ČD |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.07.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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