Decree of the Ministry of Labour and Social Affairs No. 35 / 1997 Coll.
Decree of the Ministry of Labour and Social Affairs laying down the details of the establishment of socially efficient jobs and the creation of community service
Valid
Order
Effective from 01.04.1997
Text versions:
01.04.1997
07.03.1997
35
DECLARATION
Ministry of Labour and Social Affairs
of 19 February 1997
laying down the details of the establishment of socially efficient jobs and the creation of community service
The Ministry of Labour and Social Affairs provides, pursuant to § 5 paragraph 5 of the Act of the Czech National Council No. 9 / 1991 Coll., on employment and the competence of the authorities of the Czech Republic on the employment sector (hereinafter referred to as "the Act"):
Preliminary provisions
(1) In the establishment of socially efficient posts (1) (hereinafter referred to as "effective posts") and in the creation of public service work (2) for jobseekers (3), the employment office shall take account in particular of:
(a) labour market situation, 4)
(b) the period of use of an effective job or community service;
(c) the period necessary for the establishment of an effective post and the establishment of community service;
(d) the envisaged costs of establishing an effective post and of creating community service.
(2) The Labour Office shall submit a proposal for the establishment of effective posts for the opinion of the Advisory Board. 5)
Effective jobs
(1) The Labour Office may, in the context of the establishment of effective jobs, provide the employer with:
(a) repayable financial assistance;
(b) a grant to cover salaries and allowances, including social security premiums and a contribution to national employment policy and general health insurance premiums (6) (hereinafter referred to as "wage subsidies");
(c) the grant to cover interest on loans;
(d) another dedicated subsidy ("other subsidies").
(2) The amount of the grant or repayable financial assistance referred to in paragraph 1 (a), (c) and (d) may not exceed CZK 80 000 per job for an effective purpose, depending on the expected cost of its establishment.
(3) The salary subsidy referred to in point (b) of paragraph 1 may be paid by the employment office only for the period during which the effective post is filled by the applicant for employment, but not more than 24 months.
(4) Only one of the types of grant or repayable financial assistance referred to in points (a) to (d) of paragraph 1 may be granted to the employer for a single effective job; the repayable financial assistance referred to in paragraph 1 (a) and any other subsidy referred to in paragraph 1 (d) may be granted together, but not more than the amount referred to in paragraph 2.
The Labour Office enters into a written agreement with the employer to establish an effective job in accordance with the law.7) The agreement may not be concluded with the central government body, the district office, the State Fund and the budgetary or contribution organisation of which the administration is the body. However, the agreement may be concluded with a care facility. 8)
(1) The agreement negotiated pursuant to Article 3 on the basis of which repayable financial assistance is granted, the subsidy to cover interest on loans and other subsidies, includes in particular:
(a) the number and types of effective jobs to be set up;
(b) the employer's undertaking to accept a job seeker, recommended in writing by the employment office, for the effective jobs created, 9)
(c) the employer's undertaking to notify the employment office in writing of the date, manner and reason for the termination of employment of the staff member admitted to an effective post, no later than five working days after the termination of employment;
(d) the type, manner and amount of the grant or repayable financial assistance to establish an effective post to be provided by the employment office, 10)
(e) the method and conditions for repayment of the repayable financial assistance.
(2) The agreement on the basis of which interest payments on loans are granted [Paragraph 2 (1) (c)] or other subsidies [Paragraph 2 (1) (d)] contains, in addition to the formalities referred to in paragraph 1, an employer's obligation to return to the employment office a proportion of the subsidy granted for the establishment of an effective post corresponding to a period which he has failed to fulfil if the conditions agreed.
(3) The conclusion of the agreement is subject to the submission of the employer's intention to use an effective job with the expected cost of setting it up.
(4) In the event of the creation of more than four effective jobs, the conclusion of the agreement is subject to expert advice (expertise).
(1) The agreement negotiated pursuant to Article 3 on the basis of which the wage subsidy provided for in Article 2 (1) (b) is granted includes in particular:
(a) the type and description (s) of the effective post;
(b) the employer's undertaking to accept a candidate for employment for an effective post as referred to in (a);
(c) personal data of the applicant for employment;
(d) the essential elements of the content of the contract of employment negotiated between the employer and the applicant for employment which is part of the agreement;
(e) the amount and duration of the employer's wage subsidy;
(f) the employer's undertaking to notify the employment office in writing, without delay, within five working days of the end of the employment relationship, of the date, manner and termination of the employment relationship of the staff member adopted under this Agreement.
(2) The Labour Office provides the employer with a subsidy for wage costs within 15 days of the submission of the monthly bill of wages paid to the staff member located in an effective post.
(1) Under the written agreement, the Labour Office may provide repayable financial assistance (§ 2 (1) (a)), a subsidy to cover interest on loans (§ 2 (1) (c)) or another subsidy (§ 2 (1) (d)) for the establishment of an effective post also to a citizen who begins to pursue a self-employed activity under the Specific Regulations (11) and is kept in the employment register at the time of the agreement. Paragraph 2 (2) and (4) shall apply mutatis mutandis to the amount of the subsidy or repayable financial assistance.
(2) The conclusion of the agreement referred to in paragraph 1 shall be subject to presentation of the business plan of the candidate for employment, together with the expected costs of establishing an effective post, and, if required by the employment office, expert opinion (expertise).
(3) The Agreement concluded pursuant to paragraph 1 contains in particular:
(a) the type and description of the effective post;
(b) the conditions to be met by the candidate for employment when establishing an effective post;
(c) the period from which the applicant for employment becomes self-employed;
(d) the type, manner and amount of the grant or repayable financial assistance to establish an effective post;
(e) an undertaking by the jobseeker to notify the employment office in writing of the cessation of the self-employment activity for which reimbursement of costs was granted, not later than five working days after the end of the period;
(f) an undertaking by the jobseeker to return to the employment office a proportion of the subsidy granted for the establishment of an effective post corresponding to a period which he has not fulfilled if, within two years of the conclusion of the agreement, he ceases to pursue a self-employed activity under the terms agreed.
(4) Repayment of a grant or repayable financial assistance granted for the establishment of an effective post may not be requested from a citizen who has ceased to pursue self-employment for medical reasons or in the event of his death.
Public service
A short-term job placement of a job-seeker for community service shall mean a period not exceeding 12 consecutive calendar months from the date of the contract of the job-seeker for such work.
(1) The Labour Office enters into a written agreement with the employer or with the municipality to create community service in accordance with the law; (2) the agreement cannot be concluded with the central administration, district office and state fund.
(2) For the creation of community service, the Labour Office may grant grants up to the amount of wages actually paid and compensation, including social security contributions and contributions to the state employment policy and general health insurance premiums (6), to staff assigned to such work.
(1) The agreement negotiated pursuant to Article 8 for the creation of community service includes in particular:
(a) the number of jobs to be created;
(b) the type and description (s) of each post;
(c) the period for which jobs are created;
(d) the obligation of the employer or the municipality to fill public service posts for job seekers in writing recommended by the employment office, 9)
(e) an undertaking by the employer or the municipality to notify the employment office in writing of the date, manner and reason for the termination of employment of each member of staff so recruited, without delay, no later than five working days after the end of employment;
(f) the amount of the subsidy for the creation of community service (Section 8 (2)).
(2) The Labour Office shall grant a subsidy to the employer or the municipality pursuant to Article 8 (2) within 15 days of the submission of the monthly bill of wages paid.
Transitional and final provisions
The rights and obligations arising out of agreements concluded by the date of application of this Order shall be governed by the existing provisions. In the case of agreements concluded before the entry into force of this decree, the employer shall return to the employment office a proportion of the cost of setting up the post, corresponding to the period which he has not complied with if the conditions agreed.
Decree of the Ministry of Labour and Social Affairs No 314 / 1993 Coll., laying down the details of the establishment of socially efficient jobs and the creation of community service, is hereby repealed.
This Decree shall take effect on 1 April 1997.
Minister:
Ing. Vodice v. r.
1) Paragraph 5 (2) of the ČNR Act No. 9 / 1991 Coll., on employment and competence of the authorities of the Czech Republic on the employment section.
2) § 5 (3) of the ČNR Act No. 9 / 1991 Coll.
3) Paragraph 7 (1) of Act No. 1 / 1991 Coll., on Employment.
4) § 12 paragraph 1 (j) of the ČNR Act No. 9 / 1991 Coll.
5) § 7 of Act No. 9 / 1991 Coll., as amended by Act No. 272 / 1992 Coll.
6) § 25a of the ČNR Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 160 / 1993 Coll. and Act No. 307 / 1993 Coll. § 26a of the ČNR Act No. 592 / 1992 Coll., on Insurance for General Health Insurance, as amended by Act No. 161 / 1993 Coll.
7) § 5 of ČNR Act No. 9 / 1991 Coll.
8) § 45 of the ČNR Act No. 114 / 1988 Coll., on the jurisdiction of the authorities of the Czech Socialist Republic in social security.
9) § 12 paragraph 1 (l) of ČNR Act No. 9 / 1991 Coll.
10) § 5 (4) of the ČNR Act No. 9 / 1991 Coll.
11) e.g. trade law.
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs No. 35 / 1997 Coll., laying down the details of the establishment of socially efficient jobs and the creation of community service |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.03.1997 |
|---|---|
| Effective from | 01.04.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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