Act No. 327 / 2017 Coll.
Act amending Act No. 435 / 2004 Coll., on Employment, as amended, and Act No. 251 / 2005 Coll., on Labour Inspection, as amended by Act No. 93 / 2017 Coll.
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Effective from 01.01.2018
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01.01.2018
06.10.2017
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327
THE LAW
of 5 September 2017
amending Act No. 435 / 2004 Coll., on Employment, as amended, and Act No. 251 / 2005 Coll., on Labour Inspection, as amended by Act No. 93 / 2017 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment to the Employment Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 / 2011, Act No. 100 / 2011 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 100 / 2011, Act No. 100, Act No. 2011, Act No. 100 / 2011 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011 / 2011 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, No. 2011 / 2011, No. 2011, No.
1. in Article 5 (a) (3), "place of business" is replaced by "seat."
2. in Article 21 (2) (a) (1), the words "creation of a protected post" shall be replaced by the words "establishment of a job for a person with disabilities."
3. In Article 60a, the words "pursuant to § 61 (2) (d) and § 61 (4) (d) 'are replaced by the words" pursuant to § 61 (2) (c) and Article 61 (4) (c)'.
4. in Paragraph 72 (2) (b):
"(b) in jobs for disabled persons (Sections 75 and 78a), or"
5. The heading above the sign § 75 is deleted.
6. Paragraph 75, including the title and footnote 46, reads:
Contribution to the establishment of a post for a disabled person
(1) A job created for a disabled person is a job created by the employer for a disabled person on the basis of a written agreement concluded with the Labour Office. In order to create a job for a person with disabilities, the Office of Labour shall make a contribution to the employer. A job created for a disabled person must be filled by such person for 3 years.
(2) The contribution to the establishment of a job for a disabled person may amount to a maximum of eight times and a maximum of twelve times the average national economy wage for the first to third quarters of the previous calendar year for a person with a heavier disability. If the employer establishes, on the basis of one agreement with the Labour Office, 10 or more jobs for persons with disabilities, the contribution to the establishment of one job for a disabled person may be no more than ten times and no more than fourteen times the average wage per sentence.
(3) The contribution to the establishment of a post for a disabled person shall be granted on condition that the employer does not record tax arrears in the tax register held by the financial or customs office, does not have a balance on insurance premiums and periodic penalty payments for public health insurance or insurance and on social security and contribution to the state employment policy, except where payment in instalments has been authorised and is not late in payment of payments or is allowed to wait. The contribution to the establishment of a job for a disabled person with an employer shall not be granted for a period of 3 years from the date of the acquisition of legal power by a decision imposing a fine for the purpose of enabling illegal work to be carried out pursuant to Article 5 (e) (3).
(4) The application for a job for a disabled person contains:
(a) the employer's identification data;
(b) the place and subject matter of the business or the place and subject matter of the employer's activities; and
(c) the characteristics of the job for the disabled and the number of such jobs.
(5) The application for a job for a disabled person must be accompanied by proof of the employer's account in the money institution. A certificate of compliance referred to in paragraph 3 shall be provided by the Labour Office itself in accordance with Paragraph 147b, provided that the employer gives his written consent to it and relieves him of the competent financial or customs office, the competent district social security administration or the relevant health insurance company of the employment office. Where the employer demonstrates compliance with the condition referred to in paragraph 3 by submitting a certificate himself, that certificate shall not be more than 30 days before the date of application referred to in paragraph 4 and the particulars therein shall correspond to the actual condition on the date indicated therein. The Labour Office may also require the submission of other documents if they are strictly necessary in the context of the examination of the application for the establishment of a job for a disabled person.
(6) The Agreement establishing a post for a person with disabilities contains at least:
(a) the identification details of the parties to the Agreement;
(b) the characteristics of the job for a disabled person;
(c) the employer's undertaking that a job for a disabled person will be filled only by persons with disabilities;
(d) the date from which the job for a disabled person will be filled by a disabled person;
(e) the period during which the job for a person with disabilities will be filled by a person with disabilities, including the date until which the job must be filled;
(f) the amount of the contribution, its specification and the method of payment;
(g) the conditions under which the contribution will be granted;
(h) the way in which the agreed terms are fulfilled;
(i) the terms and timing of the settlement of the contribution provided;
(j) an undertaking by the employer to repay the contribution or a proportional part thereof, provided that it has been unlawfully or in excess of the amount due to it and the period within which the contribution may be repaid;
(k) an undertaking by the employer to repay the contribution if it has been granted within a period of 12 months before the date on which the decision to impose a fine is taken to enable the work to be carried out in accordance with Paragraph 5 (e) (3) and the period for the reimbursement of the contribution; and
(l) the conditions under which the Agreement may be terminated.
(7) The Labour Office shall, in the agreement, distinguish between the conditions for granting the contribution, the non-compliance of which is not a breach of budgetary discipline and those whose non-compliance will be affected by a levy under another legislation46).
(8) The non-repayment of the contribution to the establishment of a job for a disabled person within the prescribed period is a breach of budgetary discipline (46).
(9) The employment office may conclude an agreement on the establishment of a post for a disabled person and for a disabled person who decides to pursue a self-employed activity. Paragraphs 1 to 7 shall apply mutatis mutandis to the grant of such a contribution, provided that such person ceases to pursue self-employment for medical reasons or in the event of his death.
46) Act No. 218 / 2000 Coll., as amended. '
7. Paragraph 76, including the title, reads:
Contribution for operating costs incurred in connection with the employment of a disabled person
(1) A contribution to the operating costs incurred in connection with the employment of a disabled person may be granted by the Labour Office on the basis of a written agreement concluded with an employer who employs a disabled person in employment.
(2) The contribution to cover the operating costs incurred in connection with the employment of a disabled person shall be granted on condition that the employer does not record in the tax register tax arrears carried out by the financial or customs office, does not have an underpayment on insurance premiums and periodic penalty payments on public health insurance or on insurance and social security and contribution to the state employment policy, except in cases where repayment in instalments has been authorised and is not late in payment of the payments or is allowed to wait. The annual amount may not exceed CZK 48,000 per person with disabilities. The contribution shall not be granted to the employer for a period of 3 years from the date of the acquisition of legal power by a decision imposing a fine for the purpose of enabling the work to be carried out in accordance with Article 5 (e) (3).
(3) The contribution to the operating costs incurred in connection with the employment of a disabled person shall not be granted to the employer.
(a) a person with disabilities who works outside the employer's workplace;
(b) to staff members in employment who are disabled;
(c) a person with disabilities who is temporarily assigned to work with the user, if it is an employer who is a work agency.
(4) The application for a contribution to cover the operating costs incurred in connection with the employment of a disabled person shall contain:
(a) the employer's identification data;
(b) the place and subject matter of business or the place and subject matter of the employer's activities;
(c) the name of the person with disabilities to whom the allowance is requested, indicating the birth number and date of employment; and
(d) proof that the staff member to whom the allowance is requested is a disabled person (§ 67).
(5) A proof of the employer's account must be attached to the application for a contribution to cover the operating costs incurred in connection with the employment of a disabled person. A certificate of compliance referred to in paragraph 2 shall be provided by the Labour Office itself in accordance with Article 147b, provided that the employer has given his written consent and that the competent tax or customs office, the relevant district social security administration or the relevant health insurance undertaking has been released from the Labour Office for that purpose. Where the employer demonstrates compliance with the condition referred to in paragraph 2 by submitting a certificate himself, that certificate shall not be more than 30 days before the date of application referred to in paragraph 4 and the particulars shall correspond to the actual condition on the date indicated in that certificate. The Labour Office may also require the submission of other documents where they are strictly necessary in the context of the examination of the application for an application for an operating allowance incurred in connection with the employment of a disabled person.
(6) The agreement to grant contributions to cover operating costs incurred in connection with the employment of a disabled person contains at least:
(a) the identification details of the parties to the Agreement;
(b) the amount of the allowance, its specification and the method of payment;
(c) the conditions under which the contribution will be granted;
(d) the way in which the agreed terms are fulfilled;
(e) the terms and timing of the settlement of the contribution provided;
(f) an undertaking by the employer to repay the contribution or a proportional part thereof, provided that it has been unlawfully granted by its fault or in excess of the amount of the contribution it has incurred and the period for repayment;
(g) an undertaking by the employer to repay the contribution where it was granted within a period of 12 months prior to the date on which the decision to impose a fine for the purpose of enabling the performance of the illegal work referred to in Article 5 (e) (3) was taken, and the period for the refund; and
(h) the conditions under which the agreement may be terminated.
(7) The Labour Office shall, in the agreement, distinguish between the conditions for granting the contribution, the non-compliance of which is not a breach of budgetary discipline and those whose non-compliance will be affected by a levy under another legislation46).
(8) The non-reimbursement of the operating allowance incurred in connection with the employment of a disabled person within the prescribed time limit is a breach of budgetary discipline (46).
(9) The Labour Office may conclude an agreement to grant contributions to cover operating costs incurred in connection with the employment of both the disabled and the self-employed person who is a disabled person. Paragraphs 1, 2, 4 to 7 shall apply mutatis mutandis to the grant of such a contribution, provided that such person ceases to pursue self-employment for medical reasons or in the event of his death. ';
8. Paragraph 77 (1) reads as follows:
"(1) The Ministry shall establish an implementing act:
(a) the characteristics of the job for a disabled person, in particular the identification of the type of work and the place of work, the assumptions and requirements laid down for the holding of the job, the basic information on working conditions and wage conditions, and whether the job is reserved or suitable for the disabled person, or whether the job is for an indefinite or definite period of time and the expected length of time; and
(b) the types of operating costs incurred in connection with the employment of a disabled person to whom a contribution can be granted pursuant to Paragraph 76 and the arrangements for providing such a contribution. ";
9.
Protected labour market and agreement on the recognition of employers as employers in the protected labour market
(1) The protected labour market consists of employers who employ more than 50% of persons with disabilities from the total number of their employees and with whom the Labour Office has concluded a written agreement on their recognition as employers in the protected labour market (hereinafter referred to as the "agreement on the recognition of employers"). The agreement on the recognition of an employer shall be concluded within the local competence of the Regional Branch of the Labour Office, in whose territory the employer, who is a legal person, or in whose territory the employer, who is a natural person, is resident.
(2) An agreement on the recognition of an employer may be concluded with the employer provided that:
(a) employs more than 50% of persons with disabilities from the total number of their employees in the quarterly translated number per calendar quarter preceding the date of the application for conclusion of this Agreement;
(b) on the date on which the application for an agreement on the recognition of an employer was submitted, he was not legally convicted of a criminal offence of fraud under another legislation in respect of the provision of a contribution to the promotion of the employment of disabled persons under this law;
(c) on the date on which the application for recognition of the employer is made, it is not in liquidation or, in the last 5 years, it has not been decided to reject the insolvency application because its assets will not be sufficient to cover the costs of the insolvency proceedings, to terminate the insolvency proceedings on the grounds that its assets are wholly insufficient to satisfy the creditors, or to cancel the insolvency proceedings for the same reason; and
(d) during the 12-month period preceding the date on which the application for an agreement on the recognition of the employer was submitted
1. pay at least 80% of employees who are disabled persons, wages or salaries by cash transfer to an account held with a money institution, or by postal order;
2. Employing an absolute majority of disabled workers in non-resident workplaces;
3. No contract has been concluded between staff members who are disabled, any contract which would result in the obligation of such staff to provide money to the employer, or agreements on salary or salary reductions contrary to good manners,
4. he was not fined for an administrative offence or offence on the employment section or labour inspection.
(3) The Ministry may, in cases of special consideration on the basis of the employer's written request, waive the employer's compliance with the condition referred to in paragraph 2 (d) (4) if the amount of the fine imposed does not exceed CZK 50 000 and if the employer has submitted an application pursuant to paragraph 5.
(4) The Agreement on the recognition of employers is concluded for a period of 3 years. If, no later than 3 months after the end of this period, the employer reapplies to the Labour Office for the conclusion of an agreement on the recognition of the employer, the agreement shall be concluded for an indefinite period.
(5) The application to conclude an agreement on the recognition of an employer shall include at least:
(a) the employer's identification data;
(b) the place and subject matter of business or the place and subject matter of the employer's activities;
(c) information on revenues broken down by activity within the scope of the business or business;
(d) the number of persons with disabilities involved in sales according to the subject matter of the business or activity;
(e) information on the fulfilment of the conditions of employment of more than 50% of persons with disabilities from the total number of employees of the employer in the calendar quarter preceding the date of the application for the recognition of the employer, indicating the total number of employees of the employer, of which the number of employees who are disabled persons as referred to in Article 67, including proof thereof.
(6) The agreement on the recognition of the employer shall include at least:
(a) the identification details of the parties to the Agreement;
(b) the period for which it is closed;
(c) the obligation of the employer to fulfil, in the course of the performance of the agreement on the recognition of the employer, the conditions laid down by the law for the conclusion of the agreement;
(d) the employer's undertaking to submit an annual report to the Labour Office on its activities by 15 July of the following calendar year; the annual report on the employer's activities contains:
1. information on the fulfilment of the conditions of employment of more than 50% of persons with disabilities from the total number of employees of the employer in the average quarterly translated figures broken down in accordance with Paragraph 67, including evidence of the fact that employees are disabled persons, where there has been a change compared to those evidenced in paragraph 5 (e) or paragraph 78a (5) (b);
2. information on the subject matter of the employer's business and on sales broken down by activity within the scope of the subject matter of the business or the subject matter of the employer's business and on its management, including the number of persons with disabilities involved in the business or subject matter of the business;
3. a description of the work activities in which disabled persons participated;
4. the number of persons with disabilities working mainly at, or outside the employer's premises;
5. the number of disabled persons working in their place of residence;
6. information on compliance with the conditions laid down by law for the conclusion of an agreement on the recognition of an employer and the obligations agreed upon by an agreement on the recognition of an employer,
(e) the obligation of the employer to notify the Labour Office that he has not fulfilled any of the obligations agreed in the agreement on the recognition of the employer or has ceased to fulfil any of the conditions laid down by law for the conclusion of the agreement;
(f) the conditions under which the agreement may be terminated.
(7) The employment office may terminate the agreement on the recognition of the employer if the employer:
(a) no longer fulfils the condition for the conclusion of an agreement on the recognition of the employer referred to in paragraph 2 (d) (4) if the amount of the fine imposed exceeds CZK 50 000; or
(b) failed to fulfil the obligation to submit an annual report on the employer's activities, even at the request of the employment office.
(8) The Labour Office shall terminate the agreement on the recognition of the employer if the employer:
(a) no longer fulfils one of the conditions for the conclusion of an agreement on the recognition of an employer referred to in paragraph 2 (a). (b) or (c) or in paragraph 2 (d) (3);
(b) for two consecutive calendar quarters, does not meet any of the conditions for concluding an agreement on the recognition of an employer referred to in paragraph 2 (a) or paragraph 2 (d) (1) or (2); or
(c) repeated false data in the annual report on the employer's activities.
(9) The period of notice shall be 2 months and shall begin to run on the first day of the calendar month following receipt of the statement by the employer. The employer shall be entitled to provide goods and services or to perform the contracts awarded for the purpose of fulfilling the obligation referred to in Paragraph 81 (1) until the expiry of the period of notice.
(10) In order to establish that the employment conditions of more than 50% of disabled persons are met, out of the total number of employees referred to in paragraph 1, the average number of employees per calendar quarter shall be determined.
(11) The method of calculating the average calculated number of employees and employees who are disabled persons per calendar quarter shall be laid down by the Ministry by implementing legislation. '.
10. The following Section 78a is inserted after Section 78:
Contribution to support the employment of people with disabilities in the protected labour market
(1) An employer with whom the Labour Office has concluded an agreement on the recognition of an employer shall be granted a contribution to support the employment of persons with disabilities in the form of partial payment of the wage or salary and other costs incurred. The regional branch of the Office of Labour shall be responsible for the provision of the contribution, in whose district the employer, who is a legal person, or in whose district the employer, who is a natural person, is resident.
(2) The contribution shall be replaced by actually spent wages or salaries of 75% of the actual wage or salary of a disabled person's employee, including social security contributions and a contribution to the state employment policy and public health insurance contributions, which the employer has made for himself from the assessment basis of the employee, but not more than CZK 12,000 if the disabled person is a disabled person under § 67 (2) (a) or (b), and not more than CZK 5,000 if the disabled person is a disabled person. For the purposes of determining the amount of the contribution, the funds actually spent on wages or salaries shall be reduced by an amount corresponding to:
(a) paid in kind,
(b) deductions from salary or salary intended to satisfy the performance of the employer under the Civil Code, except for deductions made to cover the damage for which the staff member is responsible, or the contribution of the staff member to the catering provided for in Section 236 of the Labour Code; or
(c) compensation for salary or salary paid to workers in the event of obstacles to work on the part of the employer.
(3) The employer's contribution referred to in paragraph 2 shall be subject to a lump sum of CZK 1 000 per month per person with disabilities under Paragraph 67 (2) for the costs incurred by the employer for the employment of disabled persons in the calendar quarter for which he requests the contribution. In the application for a contribution, the employer may claim an increase in the additional cost incurred by the employer for the employment of disabled persons in the calendar quarter for which the contribution is requested, but not more than an amount representing the difference between the amount of CZK 12,000 and the contribution granted under paragraph 2 per month per employee who is a disabled person under Paragraph 67 (2) (a) or (b). The increase in the allowance referred to in the second sentence may not be applied to a disabled person working outside the employer's workplace or to an employee of the employment agency who is a disabled person and is temporarily assigned to work with the user.
(4) The allowance shall be granted retrospectively on a quarterly basis at the written request of the employer, which shall be delivered to the Regional Branch of the Labour Office no later than the end of the calendar month following the end of the relevant calendar quarter. The allowance shall be granted on condition that, on the last day of the relevant calendar quarter, the employer does not include in the tax records tax arrears carried out by the competent financial or customs office, he does not have an underpayment for insurance premiums and social security periodic penalty payments and contributions to the state employment policy and insurance premiums and public health insurance periodic penalty payments, except where:
(a) repayment in instalments has been authorised and the employer is not late for payment of the instalments or the deferred tax has been allowed; or
(b) the sum of the employer's arrears, with the exception of the arrears referred to in point (a), on the last day of the relevant calendar quarter did not exceed CZK 10 000 and the employer paid these arrears by the 15th day of the calendar month following the calendar month for which he applied for the allowance, or paid them within 5 working days of the date on which he became aware of such arrears from the Office's regional branch of employment in the event that he had found out his or her or her details of arrears under Section 147b, provided that the employer has given his or the employer's consent and for this purpose waived of the relevant financial or customs office of the obligation of confidentiality to the employment office; The employer is obliged to provide proof to the Regional Branch of the Labour Office of payment of the arrears.
The contribution shall not be granted to the employer for a period of 3 years from the date of the acquisition of legal power by a decision imposing a fine for the purpose of enabling the work to be carried out in accordance with Article 5 (e) (3). Furthermore, no contribution shall be granted to the employer for a period of 12 months from the date of the acquisition of legal power by a decision imposing a fine on an administrative offence or an offence on the employment or labour inspection section, provided that the amount of the fine imposed exceeds CZK 50 000, to a higher number of employees who are disabled than the employer employed on the date of the acquisition of the legal power of the decision imposing the fine.
(5) The application for a contribution includes:
(a) a nominal list of staff members who are disabled persons and staff who are disabled persons, indicating the birth number, the date of birth and termination of employment, the health insurance code, the wage or salary spent, including social security premiums paid and the contribution to the state employment policy and public health insurance premiums; and
(b) proof of the fact that the staff member to whom the allowance is requested is a disabled person, where there has been a change in relation to the facts evidenced under Paragraph 78 (5) (e).
(6) If more than one employer applies for a contribution to the same employee who is a disabled person, the contribution shall be granted first to the employer with whom the employee who is a disabled person is created. If this employment relationship ends during the calendar quarter, the contribution shall be granted in proportion to the additional employer who requested the contribution; where more than one employer has requested a contribution, the first sentence shall be followed. If a staff member who is a person with disabilities is created on the same day as the employment of several employers who apply for a contribution, no contribution may be granted to that staff member. Where a staff member who is a disabled person is created by more than one employer, the allowance shall be payable on a monthly basis at the rate specified in paragraphs 2 and 3. For the purposes of determining the amount of the allowance, the funds actually spent on wages or salaries, including social security contributions and the contribution to the state employment policy and public health insurance premiums which the employer has made for himself from the assessment basis of that staff member, shall be added up in all working conditions of that staff member.
(7) The allowance may not be granted to a staff member who is a disabled person
(a) for the calendar quarter in which another contribution is granted to that staff member by the Labour Office, the amount of which shall be determined on the basis of the funds actually spent on wages or salaries of employees, including social security contributions and the contribution to the state employment policy and public health insurance premiums which the employer has paid for himself from the assessment basis of that staff member, or the contribution to the transition to a new business programme (§ 117);
(b) for the calendar quarter in which the staff member was an old-age pensioner,
(c) for the calendar quarter in which the employer has been granted a contribution to that employee to cover the operating costs incurred in connection with the employment of a disabled person (§ 76);
(d) for the calendar quarter in which the staff member, who had not been contracted in the employment contract as a place of work of the employer's place of work, did not agree to carry out the check at the place of work (§ 126 (3)); or
(e) for the calendar quarter in which the staff member of the employment agency who is a disabled person has been seconded to work with the user.
(8) The Regional Branch of the Labour Office will issue a decision on:
(a) the granting of a contribution where the employer fulfils the conditions for granting the contribution referred to in paragraphs 1 and 4;
(b) failure to grant a contribution where the conditions referred to in (a) are not met;
(c) failure to grant part of the allowance corresponding to the salary or salary spent, including social security contributions and the contribution to national employment policy and public health insurance premiums for those employees for whom the employer does not prove that they are disabled or to whom no contribution can be granted under paragraph 6 or 7; the conditions referred to in point (a) must be fulfilled at the same time;
(d) failure to grant, or part of, a contribution equal to the outstanding salary or salary or to pay or to pay an unpaid social security premium and a contribution to the state employment policy or public health insurance at the date of the application;
(e) failure to provide an increase in the contribution referred to in paragraph 3 or part thereof where additional costs are not demonstrably linked to the employment of disabled persons; or
(f) failure to grant a contribution where a fine has been imposed on the employer for the purpose of enabling illegal work to be carried out in accordance with Article 5 (e) (3) and the decision to impose that fine has not been taken for three years since the date of the acquisition of legal power.
(9) The allowance shall be payable no later than 14 calendar days from the date on which the decision to grant the allowance becomes final.
(10) The contribution granted, or a proportion thereof, shall be returned by the employer if, on the basis of incorrect data, it has been paid to the employer wrongly or at an incorrect rate; Similarly, the employer shall be obliged to repay the contribution or a proportion thereof where it was granted within a period of 12 months before the date on which the decision to impose a fine is taken to enable the illegal work to be carried out under Article 5 (1). (e) point (3) or where it has been established by the Labour Office that the employer has ceased to comply with one of the conditions laid down for the conclusion of an agreement on the recognition of the employer under this law. A decision shall be taken by the Regional Branch of the Office of Labour on the obligation to repay the contribution granted or a proportion thereof.
(11) The entitlement to reimbursement of the contribution granted or the proportional part thereof referred to in paragraph 10 shall expire five years after the date of its granting to the employer.
(12) The additional costs by which the contribution referred to in paragraph 3 may be increased shall be considered as:
(a) increased administrative costs of 4% of the average monthly national economy wage for the first to third quarters of the preceding calendar year;
(b) the costs of operating staff and work assistants:
1. the wage costs of operating staff and work assistants in their primary employment relationship with the employer, to the extent appropriate to the number of hours worked by operating staff or staff assistants in assisting workers who are disabled; or
2. the cost of providing work assistants in the absence of employees of the same employer;
(c) transport costs associated with the employment of disabled persons, which are the costs of:
1. the transport of disabled workers to and from the workplace; or
2. transport of materials and finished products,
(d) the costs of adapting the establishment, which are the costs of:
1. the acquisition and verification of computer software for the employment of persons with disabilities,
2. the adaptation and acquisition of auxiliary technological equipment used by employees who are disabled,
3. acquisition of communication and guidance equipment,
4. adaptation of hygienic, thermal, light or noise conditions to persons with disabilities; or
5. construction or extension of operations necessary for the employment of disabled persons, including computer equipment costs.
(13) For the purposes of paragraph 12 (b), the staff member whose employment is covered by the allowance referred to in paragraph 1 or the staff member whose wage costs are paid under Paragraph 3 (1) (a) of Decree No 518 / 2004 Coll.
(14) Where value added tax is part of the costs referred to in paragraph 12 and the employer is not the payer of that tax, the value added tax shall be regarded as the operating cost of the post.
(15) The Minister for Labour and Social Affairs may, on the basis of a written and reasoned request by the employer to remove the hardness of the law in exceptional cases of special consideration, waive compliance with the condition referred to in paragraph 4 (b) with regard to non-compliance with the deadlines set for the payment of employer's arrears.
(16) The Ministry may, on the basis of a written and reasoned request from the employer to remove the hardness of the law in exceptional cases of special consideration, waive compliance with the condition referred to in paragraph 4 (b) as regards the amount of the sum of the employer's arrears, which at the last day of the relevant calendar quarter exceeded CZK 10 000. The application shall be submitted to the Ministry no later than the end of the second calendar month following the end of the calendar quarter for which the grant is requested, provided that the employer himself proves that the conditions referred to in paragraph 4 (b) are met. Where the Office of Labour has ascertained that the conditions referred to in paragraph 4 (b) have been met pursuant to Paragraph 147b, provided that the employer has given his consent and for that purpose has waived the relevant financial or customs office of secrecy towards the Office of Labour, the application shall be notified to the Ministry no later than one month from the date on which the employer became aware of his arrears under paragraph 4 (b) from the Regional Branch of the Office of Labour. ';
11. in Article 81 (2) (b), the words "employers employing more than 50% of employees in established or defined protected jobs (§ 75) who are disabled persons" shall be replaced by the words "employers with whom the Labour Office has concluded an agreement on the recognition of the employer (§ 78)."
12. in Paragraph 81 (3), "36 times" is replaced by "28 times."
13. in Paragraph 81 (5), the last sentence is deleted;
14. in Article 105 (1) (b), "§ 78" is replaced by "§ 78a."
15. In Article 107, the following paragraph 3 is added:
"(3) Contributions to active employment policy shall not be considered as grants under special legislation46). ';
16. In Article 108 (3), the third sentence shall be replaced by the sentence "The objectives and content of the training programme must comply with other legislation governing the relevant qualifications (105)."
Footnote 105 reads as follows:
"105) For example, Act No. 179 / 2006 Coll., on the verification and recognition of the results of continuing education and on the amendment of certain laws (Act on the Recognition of the Results of Continuing Education), as amended. '
17. Footnote 52f:
"52f) Act No. 111 / 1998 Coll., as amended. '
18. In Paragraph 108, at the end of paragraph 5, the words "or a certificate of participation in an accredited training programme 'shall be added.
19. In Article 108, the following paragraphs 8 and 9 are inserted after paragraph 7:
"(8) Replacement facilities shall inform the Ministry of Education, Youth and Sports of changes to the information contained in the application for accreditation that occurred at the time of the accreditation, within one month of the date on which such change occurred.
(9) A person who has been withdrawn for the reasons referred to in paragraph 4 (a) or (b) may not be granted accreditation for a period of 3 years from the date on which the decision to withdraw accreditation is taken. "
Paragraph 8 shall become paragraph 10.
20. In Section 108, at the end of paragraph 10, the words "and the certificate of participation in an accredited training programme 'shall be added.
21. in Paragraph 111 (3), the words' the average proportion of unemployment 'shall be replaced by' the average proportion of unemployed persons';
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Regulation Information
| Citation | Act No. 327 / 2017 Coll., amending Act No. 435 / 2004 Coll., on Employment, as amended, and Act No. 251 / 2005 Coll., on Labour Inspection, as amended by Act No. 93 / 2017 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.10.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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