Act No 358 / 2022 Coll.
Act amending Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, as amended, and certain other laws
Valid
Law
Effective from 01.12.2022
358
THE LAW
of 3 November 2022
amending Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the law on the provision of benefits to persons with disabilities
Act No. 329 / 2011 Coll., on the provision of benefits to persons with disabilities and on the amendment of related laws, as amended by Act No. 141 / 2012 Coll., Act No. 331 / 2012 Coll., Act No. 306 / 2013 Coll., Act No. 313 / 2013 Coll., Act No. 329 / 2014 Coll., Act No. 140 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 301 / 2017 Coll., Act No. 228 / 2019 Coll., Act No. 252 / 2021 Coll., and Act No. 261 / 2021 Coll., is amended as follows:
1. In Article 7, the words "unless otherwise specified," shall be inserted after the words "shall be inserted."
3. In Section 7, "CZK 550 'is replaced by" CZK 900'.
4.
The amount of the mobility allowance shall be CZK 2,900 per calendar month for a person who uses a medical device for long-term domestic oxygenotherapy or a medical device for home pulmonary artificial ventilation throughout the calendar month and has demonstrated this fact to the regional branch of the Labour Office by confirming the relevant health insurance company. "
6. In Article 9 (2), the words "autistic disorder with severe functional impairment 'shall be inserted after the word" apparatus'.
7. In Paragraph 10 (3), the amount "400 000 CZK 'is replaced by" 500 000 CZK'.
8. The following Section 22a is inserted after Section 22:
(1) Where a form is prescribed under this Act for filing or other action, the application or other action may be made:
(a) whether or not on a computer set-up published electronically by the Ministry; or
(b) in electronic form, where the Ministry has published the relevant form in electronic form or form.
(2) In the procedure on benefits and on the certification of a person with disabilities under this Act, records on technical data media, micrographic records, printed products of the optical archive system and printed or photographic products of other computer techniques may be used as a basis for the decision-making, instead of the original of the document according to which they were taken. The Regional Branch of the Labour Office or the Ministry shall invite the person who has submitted a copy of the document to submit the original or an officially certified copy or a copy of the document, if the authenticity of the copy is in doubt. ';
Transitional provisions
1. The Office of Labour of the Czech Republic - Regional Branch and branch for the City of Prague will adjust the amounts of the mobility allowance according to § 7 of Act No. 329 / 2011 Coll., as effective from the date of entry into force of this Act, without request. An alert shall be made to the file on the change in the amount of the mobility allowance.
2. The mobility allowance provided for in Article 7 of Act No. 329 / 2011 Coll., as effective from the date of entry into force of this Act, is for the first time from the instalment due for the calendar month immediately preceding the date of entry into force of this Act.
3. The procedure for the mobility allowance, the special aid allowance and the certificate of a disabled person initiated and final before the date of entry into force of this Act shall be completed in accordance with Act No. 329 / 2011 Coll., as effective from the date of entry into force of this Act.
Amendment of the State Social Support Act
In § 47 of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 242 / 1997 Coll., Act No. 271 / 2001 Coll., Act No. 261 / 2007 Coll. and Act No. 366 / 2011 Coll., paragraph 1 reads:
"(1) The person who issued the funeral claim
(a) a child who, at the date of death, was a dependent child and fulfilled the conditions set out in Article 3 (1), (2) or (5);
(b) a person who, at the date of death, was the parent of a dependent child and fulfilled the conditions set out in Article 3 (1), (2) or (5); or
(c) the fetus after abortion or the fetus after abortion, where it has been carried out for medical reasons in accordance with the procedure laid down in the law on abortion, and where the fetus has been given for burial by the procedure laid down in the law on burial. "
Amendment to the Professional Soldiers Act
Act No. 221 / 1999 Coll., on professional soldiers, as amended by Act No. 155 / 2000 Coll., Act No. 129 / 2002 Coll., Act No. 254 / 2002 Coll., Act No. 362 / 2003 Coll., Act No. 263 / 2005 Coll., Act No. 189 / 2006 Coll., Act No. 140 / 2009 Coll., Act No. 147 / 2010 Coll., Act No. 375 / 2011 Coll., Act No. 470 / 2011 Coll., Act No. 122 / 2012 Coll., Act No. 122 / 2012 Coll., Act No. 202 / 2014 Coll.
1. In Section 38, the words "paternity leave 'shall be inserted after the words" parental leave'.
2. In Paragraph 38 (1), the words "or paternal" shall be inserted after the word "parental."
3. footnote 12 shall read:
"12) § 195a to 198 of the Labour Code."
Amendment of the Labour Inspection Act
In Articles 18 (1) (d) and 31 (1) (d) of Act No 251 / 2005 Coll., on Labour Inspection, as amended by Act No 285 / 2020 Coll., the words "paternity leave 'are inserted after the words" maternity leave'.
Amendment to the sickness insurance law
Act No. 21 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act.
1. In Paragraph 38a (1), at the end of the introductory part of the provision, the words "a child-care insured person 'shall be added.
2. in Article 38a (1) (a) and (b), the words "a child-care insured person" shall be deleted;
3. In Paragraph 38a, the following paragraph 2 is inserted after paragraph 1:
"(2) The insured person shall also be entitled to paternity benefits if the child to whom he is the father,
(a) were born dead; or
(b) died within a period of 6 weeks from the date of birth. "
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
4. In Article 38a (4) and (5), the words "in accordance with paragraph 1 'shall be inserted after the words" Father's'.
5. In Paragraph 38a (4), the sentence "Unless otherwise specified, the paternal sentence referred to in paragraph 2 shall be inserted after the first sentence, provided that the entry into that paternal position takes place within a period of 6 weeks from the date of birth of the child '.
6. In Paragraph 38a (4), the words "and the second" shall be inserted after the words "the period referred to in the first sentence" and, at the end of paragraph 4, the sentence "However, if the period for the entry to the paternity from the date of death of the child would be less than 2 weeks, the paternity period referred to in paragraph 2 shall be added if the entry to that paternity took place within 2 weeks of the date of death of the child."
7. In Paragraph 38a, at the end of paragraph 5, the sentence "Fathers according to paragraph 2 belong only once even if more dead children are born at the same time. The entitlement to paternity under paragraph 1 (a) shall not prevent the entitlement to paternity under paragraph 2 (b) in the case of the same child; This applies even if one of the children born at the same time dies. '
8. In Article 38b (2), second and third sentences, the words "pursuant to Article 38a (1) 'shall be inserted after the words" paragraph 4' and the words "paragraph 3 'shall be replaced by the words" paragraph 4'.
9. In Section 38b, at the end of paragraph 2, the sentence "Admission to paternity under Section 38a (2) shall be the date determined by the insured person during the period under Section 38a (4), second to fourth sentences."
10. in Article 38b (4), the last sentence shall be replaced by the sentence "Support period for paternity under Article 38a (1) shall end on the day on which the child died; However, if the child died six weeks after the date of birth and the support period has not yet expired, the paternity period shall be the full period of support. ';
11. in Article 97 (2), the words "or the duration of the quarantine ordered" shall be inserted after the word "incompetence."
12. In Paragraph 105, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) The obligation to send the relevant parts of the quarantine order form and its termination and the certificate of the duration of the quarantine ordered in accordance with paragraph 1 shall be fulfilled by the competent public health authority in electronic form by sending them to an electronic address designated by the sickness insurance authority.
(3) Where, for demonstrable objective technical reasons, the competent public health authority cannot fulfil the obligations referred to in paragraph 1 in the manner referred to in paragraph 2, it may do so in writing on the prescribed form by sending to an address designated by the sickness insurance authority; is obliged to state the reason for the procedure. This obligation is also fulfilled by the transmission of this form to the sickness insurance authority. Paragraph 61 (5) shall apply mutatis mutandis. ';
Paragraph 2 shall become paragraph 4.
13. In Paragraph 109 (8), the words "and the fifth 'shall be inserted after the words" in the second sentence of Paragraph 38b (2)'.
14. in Article 116 (7) (a), the words "certificate of temporary incapacity and the date on which the temporary incapacity was confirmed" shall be inserted after the words "temporary incapacity."
15. in Paragraph 116 (7) (d), the words "origin or termination" shall be replaced by the words "origin, termination or which has confirmed the duration."
16. In Paragraph 116, at the end of paragraph 7, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) have received confirmation that the staff member registered in the register of insured persons has been ordered to be quarantined, the date of the quarantine order, the duration of the quarantine certificate, the date on which the duration has been confirmed, the certificate of termination of the quarantine and the date of termination of the quarantine,
(f) the name and address of the public health authority which has decided to order the quarantine or the termination of the quarantine or to confirm the duration of the quarantine or the name, surname and address of the nursing physician's place of work, or the name and address of the health service provider who has decided to order the quarantine or to terminate the quarantine or to confirm the duration of the quarantine. "
17. At the end of the title of Section 116a, the words "and the quarantine of the employees' shall be added.
18. in Paragraph 116a (1):
"(1) At the request of the employer, the Czech Social Security Administration shall immediately send the employer, in electronic form, in a manner which guarantees the protection of personal data, information that:
(a) in the decision on temporary incapacity for work, the treating doctor stated that the staff member was unable to work [Paragraph 3 (g)] for that employer, the number of the decision and the date of temporary incapacity;
(b) have received a certificate of the quarantine order to the staff member in accordance with § 105, the number of the quarantine order and the date of the quarantine order. ';
19. in Article 116a (2), the words "and information on quarantine regulations for workers" shall be inserted after the words "staff."
20. in Article 138 (1) (b), "§ 105 (2)" is replaced by "§ 105 (4)."
Transitional provisions
1. If entitlement to paternity after-birth benefit has been established pursuant to Article 38a (1) of Act No. 187 / 2006 Coll., as effective before the date of entry into force of this Act, and this entitlement is valid at least on the date of entry into force of this Act, the paternity after-birth benefit shall be for the entire period of support if the child died before the date of entry into force of that Act.
2. Entitlement to paternity care benefit under Act No. 187 / 2006 Coll., as effective from the date of the entry into force of this Act, shall arise if the facts referred to in § 38a (2) (a) or (b) of Act No. 187 / 2006 Coll., as effective from the date of entry into force of this Act, occur not earlier than the date on which the Act became effective; Paragraph 38b (4) of the second part of the sentence after the semicolon of Act No. 187 / 2006 Coll., as effective from the date of entry into force of the Act, applies mutatis mutandis.
3. The employer's obligation to send to sickness insurance authorities the data referred to in § 97 (2) of Act No. 187 / 2006 Coll., as effective from the date of entry into force of this Act, shall apply where the quarantine was ordered at the earliest on the date of entry into force of this Act.
4. If the quarantine was ordered by employees before the date of entry into force of this Act and if it lasts at least on the date of entry into force of this Act, the confirmation of its duration and termination by Act No. 187 / 2006 Coll., as effective before the date of entry into force of this Act, shall be governed by the confirmation of its duration and termination.
5. The information referred to in § 116 (7) (a) and (d) of Act No 187 / 2006 Coll., as effective from the date of entry into force of this Act, shall be communicated by the sickness insurance authorities to employers for the period prior to the date of entry into force of this Act where temporary incapacity arose before the date of entry into force of this Act and the certificate of the duration of temporary incapacity was delivered to the sickness insurance authority after the entry into force of that Act.
6. The data referred to in Sections 116 (7) (e) and (f) and 116a of Act No. 187 / 2006 Coll., as effective from the date of entry into force of this Act, shall be communicated by the sickness insurance authorities to employers when the quarantine was ordered after the entry into force of this Act.
7. If, before the date of entry into force of this Act, the employer has requested the disclosure of data pursuant to § 116a of Act No. 187 / 2006 Coll., as effective before the date of entry into force of this Act, this request shall also be considered as a request for disclosure of data pursuant to § 116a (1) (a) and (b) of Act No. 187 / 2006 Coll., as effective from the date of entry into force of the Act.
Amendment of the Labour Code
Act No. 20 / 2015, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2009 Coll.
1. In Article 47, the words "paternity leave or" shall be inserted after the words "maternity leave or employee after the end of the period of maternity leave or" and the words "with the consent of the employer referred to in Article 191a" shall be deleted.
2. in Article 53 (1) (a), the word "staff member" shall be replaced by the words "staff member ordered quarantine or is."
3. In Article 53 (1) (d), the words "when a staff member is on paternity leave or 'shall be inserted after the words" leave or'.
4. in Article 53 (1) (f), the words "§ 41a and 41c" and "with the consent of the employer pursuant to § 191a" shall be deleted;
5. In Article 54 (b), the words "a worker who draws a paternity leave," shall be inserted after the words "drawing a maternity leave."
6. in Paragraph 54 (c):
"(c) for a reason for which the employer may immediately terminate the employment relationship, in the absence of a worker on maternity leave, of a paternity worker or of an employee at the time of taking parental leave until the period for which the woman is entitled to take maternity leave; where the staff member or staff members are, for that reason, given notice before maternity, paternity or parental leave is taken in such a way that the period of notice would expire at the time of such maternity, paternity or parental leave, the period of notice shall end at the same time as maternity, paternity or parental leave; ';
7. In Article 54 (d), the words "a staff member on paternity leave," shall be inserted after the words "maternity leave."
8. In Article 55 (2), the words "a worker on a paternity leave 'shall be inserted after the words" maternity leave'.
9. In Paragraph 191, the word "paternal" is inserted after the word "maternal."
10. The following Section 195a is inserted after Section 195:
Father's leave
In connection with the birth and care of the child, the employer shall be obliged to provide paternity leave for the staff member. Fathers' leave shall be for the staff member during the period of the paternity post-labour allowance provided for in Sections 38a to 38d of the sickness insurance law. '
11. The heading of Section 198 reads: "Common provisions on maternity, paternity and parental leave."
12. in Article 198 (1), the word "paternity" shall be inserted after the word "maternity."
13. In Paragraph 217 (4), the words "paternity or 'shall be inserted after the words" employee on'.
14. In Article 217 (5), the words "paternity or" shall be inserted after the words "employer's employee on leave to follow immediately after the end."
15. in Article 219 (1), the words "where quarantine has been ordered" shall be inserted after the words "incompetent," and the words "paternal" shall be inserted after the words "at the time";
16. In Article 309 (6), the words "paternity or" shall be inserted after the words "employee of the user drawing."
17. In Article 363, the words "paternity leave or leave 'shall be inserted after the words" maternity leave or' after the words "maternity leave '; the words" paternity leave employee' shall be inserted after the words "paternity leave employee '; the words" paternity leave employee' shall be inserted after the words "paternity leave employee '; the words" second and third sentences' shall be inserted after the words "paternity leave '; the words" paternity leave' shall be inserted after the words "paternity leave '; and the words' shall be inserted after the words" paternity leave ';
Amendment of the Civil Service Act
Act No. 234 / 2014 Coll., on the Civil Service, as amended by Act No. 131 / 2015 Coll., Act No. 131 / 2015 Coll., the Constitutional Court found under Act No. 199 / 2015 Coll., Act No. 298 / 2015 Coll., Act No. 26 / 2016 Coll., Act No. 47 / 2016 Coll., Act No. 137 / 2016 Coll., Act No. 190 / 2016 Coll., Act No. 195 / 2016 Coll., Act No. 178 / 2016 Coll., Act No. 205 / 2017 Coll., Act No. 205 / 2017 Coll., Act No. 335 / 2018 Coll., Act No. 32 / 2019 Coll., Act No. 66 / 2017 Coll., Act No. 144 / 2017 Coll., Act No. 150 / 2017 Coll.
1. In the title of Section 121, the word "paternity 'is inserted after the word" maternity'.
2. In Paragraph 121 (1), the words "paternity leave of a civil servant" shall be inserted after the words "maternity leave of a civil servant."
EFFECTIVE
This Law shall enter into force on the first day of the calendar month following its publication, with the exception of the provisions of Part One, I points 2 and 5, which shall take effect on 1 January 2027.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 358 / 2022 Coll., amending Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.11.2022 |
|---|---|
| Effective from | 01.12.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 291
Public Contracts 2
Finanční dar SRPŠ
Gymnázium Jana Nerudy, škola hlavního města Prahy,...
Spolek rodičů a přátel školy při Gymnáziu Jana Ner...
150 000 CZK
14.12.2023
Darovací smlouva - finanční dar
Gymnázium Jana Nerudy, škola hlavního města Prahy,...
Spolek rodičů a přátel školy při Gymnáziu Jana Ner...
200 000 CZK
12.12.2022
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0