Act No. 335 / 2018 Coll.

Act amending Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and certain other laws

Valid Law Effective from 01.01.2019
335
THE LAW
of 20 December 2018
amending Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Act on the organisation and implementation of social security
Čl. I
Act No. 1 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 15 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2004, Act No. 13 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 13 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 13 / 2004, Act No. 5, Act No. 5, Act No. 13 / 2006, Act No. 5, Act No. 13 / 2006, Act No. 5, Act No. 13 / 2004, Act No. 5, Act No. 5, Act No. 2006, Act No. 2006, Act No. 5, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 5, No. 2006, No. 2006, No. 2006, No. 5, No. 2006, No. 2006, No. 2006, No. 2006,
1. In Paragraph 8, the sentence "If the doctor of the district social security administration is a senior employee, he is entitled to order a civil servant to carry out a civil service under the Civil Service Act."
2. In Article 8 (8), the words "also from the examination of a paediatric clinical psychologist in case of pervasive developmental disorders," shall be inserted after the words "where appropriate."
3. In Paragraph 16b, at the end of paragraph 3, the sentence "If the Chairman of the Board of Appeal is a senior employee, he is entitled to give orders to a civil servant under the Civil Service Act."

ČÁST DRUHÁ

Amendment of the Social Services Act
Čl. II
In Article 25 (3) of Act No. 108 / 2006 Coll., on Social Services, as amended by Act No. 479 / 2008 Coll. and Act No. 375 / 2011 Coll., the words "from the examination of a child clinical psychologist in the case of pervasive developmental disorders," shall be inserted after the words "Health Services,".

ČÁST TŘETÍ

Amendment to the sickness insurance law
Čl. III
Act No. 100 / 2011 / 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 Coll.
1. In Paragraph 84, the sentence "If the county social security administration's doctor is a senior employee, he is entitled to order the civil service of a civil servant under the Civil Service Act."
2. At the end of paragraph 2, the sentence "If the doctor of the Czech Social Security Administration is a leading employee, he is entitled to give orders to a civil servant under the Civil Service Act."

ČÁST ČTVRTÁ

Amendment of the Civil Service Act
Čl. IV
In Article 2 of Act No. 234 / 2014 Coll., on Civil Service, as amended by Act No. 131 / 2015 Coll., Act No. 137 / 2016 Coll., Act No. 190 / 2016 Coll., Act No. 195 / 2016 Coll., Act No. 302 / 2016 Coll., Act No. 319 / 2016 Coll., Act No. 66 / 2017 Coll. and Act No. 205 / 2017 Coll., at the end of paragraph 1, the dot is replaced by a comma and the following point (p) is added:
"(p) the doctor of the social security institution."
Čl. V
Transitional provisions
1. For the period from 1 January 2019 to 30 June 2019, the post of employment of the doctor of the social security institution may be filled by a person in a basic employment relationship under employment law. The funds authorised for civil servants' salaries in accordance with the procedure laid down in the first sentence shall apply to the salaries or remuneration of employees in the basic employment relationship.
2. A civil servant assigned to a post referred to in point 1 on 31 December 2018 in a fixed-term service relationship pursuant to § 29 (1) of Act No 234 / 2014 Coll., as effective before the date of entry into force of this Act, except in the cases referred to in § 21 (2) second sentence and § 21 (3) of the Act No. 234 / 2014 Coll., as effective before the date of entry into force of this Act, shall be considered as a civil servant in service for an indefinite period of time. Paragraph 35 of Act No 234 / 2014 Coll., as effective from the date of entry into force of this Act, for civil servants listed in the first sentence and for civil servants registered in the post referred to in point 1 in the fixed-term service relationship referred to in § 29 (1) in the cases referred to in § 21 (2) in the second sentence and in Article 21 (3) of Act No 234 / 2014 Coll., as effective before the date of entry into force of this Act, shall not apply.
3. If, by the end of 2019, a civil servant who is included in the service for an indefinite period of time in a post referred to in point 1 and who does not reach the age of 70 years by the end of 2019, the administrative office in which the civil servant is classified shall, by 31 May 2019, request the conclusion of a medical assessment activity for an indefinite period of time, the Czech Republic, for which the administrative office in which the civil servant is registered, shall have the right to conclude that contract with him on the date of taking up work on 1 July 2019; the staff member's post and appointment shall be treated mutatis mutandis. Paragraph 61 (1) (c), § 72 (1) (d) and § 72 (2) of Act No 234 / 2014 Coll., as effective from the date of entry into force of this Act, shall not apply in the case of the first sentence procedure. The Czech Republic, in respect of which the administrative office in which a civil servant is classified, shall be required to establish an indefinite employment relationship with the civil servant mentioned in the sentence according to the first sentence. On 30 June 2019, the first member of the staff referred to in the sentence shall cease to be in service.
4. If a civil servant referred to in point 3 does not apply in writing, under the conditions set out in point 3, to establish an employment relationship, his current employment relationship shall cease on 30 June 2019.
5. A civil servant who, pursuant to points 3 and 4, has ceased his current employment, shall be entitled to a payment of a payment of three times his average monthly earnings. Paragraph 67 (4) of the Labour Code shall apply mutatis mutandis to the payment of compensation; Paragraph 68 of the Labour Code does not apply to satisfaction. For the purposes of other legislation, satisfaction is seen as severance payments under the Labour Code.
6. The employment relationship referred to in point 3 shall also be established with a civil servant who reaches the age of 70 by the end of 2019 if he fulfils the other conditions set out in point 3, with a fixed-term employment relationship being established by 31 December 2019; an employment relationship may be established for an indefinite period. On 30 June 2019, the first member of the staff referred to in the sentence shall cease to be in service.
7. The duration of the service, which was based on points 3 and 6, shall be taken into account for the duration of the service immediately preceding the service and for the duration of the service in the administrative office immediately preceding the service.
8. Entitlements of existing civil servants who arose before or until the date of employment referred to in point 3 or 6 and have not ceased to exist shall be considered as rights arising from their employment, unless they are legally excluded from the employment.

ČÁST PÁTÁ

Amendment to Act No. 259 / 2017 Coll.
Čl. VI
Act No. 259 / 2017 Coll., amending Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended, and other related laws, as amended, as amended by Act No. 92 / 2018 Coll., is amended as follows:
1. in point 3 of Article VIII, "2019 'is replaced by" 2020';
2. in Article X (d):
"(d) Article VII (44), (56), (60) and (62) and Article IX (3) and (4), which shall take effect on 1 January 2019,";
3. in Article X, the following point (e) is added:
"(e) Articles III (1), (3), (6) and (21), Article VII (12) to (15), 17 to 30, 32, 33, 35, 37 to 39, 41, 45 to 47, 49 to 51, 53, 54, 59, 61, 63 to 69, 73 to 80, 82 to 84 and 86 to 90, Article VIII (3) and Article IX (1) and (2), which shall take effect on 1 January 2020.";

ČÁST ŠESTÁ

Amendment to Act No. 92 / 2018 Coll.
Čl. VII
In Article XII of Act No. 92 / 2018 Coll., amending Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and certain other laws, the words "Article VIII, points 3, 4, 7, 10 and 12 and Article IX, which take effect on 1 January 2019 'are replaced by the words" Article IX, which takes effect on 1 January 2019, and Article VIII, points 3, 4, 7, 10 and 12, which take effect on 1 January 2020'.

ČÁST SEDMÁ

EFFECTIVE
Čl. VIII
This Law shall enter into force on 1 January 2019, with the exception of the provisions of Articles VI and VII which take effect on 31 December 2018 and the provisions of Article IV which take effect on 1 July 2019.
Vondracek v. r.
Zeman v. r.
Babiš v. r.

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Regulation Information

CitationAct No. 335 / 2018 Coll., amending Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and certain other laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation31.12.2018
Effective from01.01.2019
Effective until-
Status Valid
The regulation text is for informational purposes only.
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