Act No. 364 / 2011 Coll.

Law amending certain laws in connection with austerity measures under the jurisdiction of the Ministry of Labour and Social Affairs

Valid Law Effective from 01.01.2012
Text versions: 06.11.2014 01.01.2012 06.12.2011
Contents
ČÁST PRVNÍ Čl. I „§ 29 Čl. II ČÁST DRUHÁ Čl. III Čl. IV ČÁST TŘETÍ Čl. V Čl. VI ČÁST ČTVRTÁ Čl. VII „§ 2 „§ 44 ČÁST PÁTÁ Čl. VIII „§ 44a „§ 44b „§ 58a „§ 60a „§ 114 ČÁST ŠESTÁ Čl. IX ČÁST SEDMÁ Čl. X ČÁST OSMÁ Čl. XI ČÁST DEVÁTÁ Čl. XII Čl. XIII ČÁST DESÁTÁ Čl. XIV Čl. XV ČÁST JEDENÁCTÁ Čl. XVI Čl. XVII ČÁST DVANÁCTÁ Čl. XVIII Čl. XIX ČÁST TŘINÁCTÁ Čl. XX Čl. XXI ČÁST PATNÁCTÁ Čl. XXIV ČÁST ŠESTNÁCTÁ Čl. XXV ČÁST SEDMNÁCTÁ Čl. XXVI ČÁST OSMNÁCTÁ Čl. XXVII
364
THE LAW
of 6 November 2011
amending certain laws relating to austerity measures under the jurisdiction of the Ministry of Labour and Social Affairs
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the sickness insurance law
Čl. I
Act No. 187 / 2006 Coll., on sickness insurance, as amended by Act No. 585 / 2006 Coll., Act No. 181 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 239 / 2008 Coll., Act No. 305 / 2008 Coll., Act No. 306 / 2008 Coll., Act No. 479 / 2008 Coll., Act No. 2 / 2009 Coll., Act No. 362 / 2009 Coll., Act No. 157 / 2010 Coll., Act No. 166 / 2010 Coll., Act No. 347 / 2010 Coll., Act No. 73 / 2011 Coll., Act No. 180 / 2011 Coll., Act No. 263 / 2011 Coll.
1. In Paragraph 13 (1), the second sentence is deleted.
2. In Paragraph 18 (1) of the first sentence after the semicolon, the number "8 'is replaced by" 7'.
3. Paragraph 18 (7) is deleted.
Paragraph 8 shall become paragraph 7.
4. In Article 18 (7), the words "during the period from 1 January 2012 to 31 December 2013 'shall be added at the end of the text in point (b); in the period from 1 January 2012 to 31 December 2013 these excluded dates shall mean the period of the first 21 calendar days of temporary incapacity for work or quarantine'.
5. in Article 18 (7) (e), the words "and the calendar days prior to the start of the self-employment activity, unless it is calendar days falling within the calendar month in which the self-employment began and in which the self-employed person was an insurance participant" shall be deleted;
6. Paragraph 19 (3) is deleted.
Paragraphs 4 to 12 shall become paragraphs 3 to 11.
7. In Article 19, the following paragraph 9 is inserted after paragraph 8:
"(9) If there is no monthly basis for a self-employed person within the applicable period laid down in Article 18 (3), the daily basis of assessment shall be deemed to be the daily basis of assessment established for the calculation of the previous insurance benefit of the self-employed person. '
Paragraphs 9 to 11 shall be renumbered paragraphs 10 to 12.
8. At the end of Paragraph 23, the words "and more than 21 calendar days in the period from 1 January 2012 to 31 December 2013 'are added.
9. In Section 24, part of the sentence first after the semicolon, including the semicolon, is deleted.
10. In the second sentence of Paragraph 24, the words "parts of the sentence first before the semicolon 'are replaced by the words" sentences first'.
11. In Article 26, the sentence "In the period from 1 January 2012 to 31 December 2013, the support period shall begin on the 22nd calendar day of temporary incapacity for work or on the 22nd calendar day of the quarantine ordered. 'is added at the end of paragraph 1.
12. In Paragraph 28 (1), the words "shall be added at the end of the first sentence; in the period from 1 January 2012 to 31 December 2013, the sickness beneficiaries of such pensions shall be paid from the 22 calendar day of temporary incapacity or from the 22 calendar day of the required quarantine for a maximum period of 63 calendar days, but not until the date on which the employment ended, if any, of the staff member or of the insurance, if any, of the self-employed or foreign staff. '
13.
㤠29
The sickness allowance per calendar day shall be 60% of the daily assessment base. ';
Article 14 (29a) is deleted.
15. At the end of the text of § 30, the words "and during the period from 1 January 2012 to 31 December 2013, calendar days for the first 21 calendar days of temporary incapacity for work or ordered quarantine 'shall be added.
16. in Paragraph 34 (1) (a), the words "starting from the outset" shall be replaced by the words "starting from the beginning with monetary aid."
17. in the second sentence of Article 56 (3), the words "and in the period from 1 January 2012 to 31 December 2013 for the first 21 calendar days of temporary incapacity shall be inserted after the words" 14 calendar days of temporary incapacity. "
18. In Article 61 (j), the words "and more than 21 calendar days in the period from 1 January 2012 to 31 December 2013 'shall be inserted after the words" 14 calendar days' and from 1 January 2012 to 31 December 2013 at 21 calendar days';
19. in Article 64 (1) (p), the words "and from 1 January 2012 to 31 December 2013 for the first 21 calendar days of temporary incapacity shall be inserted after the words" 14 calendar days of temporary incapacity. "
20. in Article 65 (2) (c), the words "and from 1 January 2012 to 31 December 2013 in the first 21 calendar days" shall be inserted after the words "14 calendar days."
21. in Paragraph 84 (2) (m), the words' until the end 'shall be replaced by' until the eighth day of the second ';
22. in § 97 (1) second sentence and in § 185 (1) "§ 18 (8)" shall be replaced by "§ 18 (7)."
23. In the first sentence of Article 105, the words "and from 1 January 2012 to 31 December 2013 for the first 21 calendar days' shall be inserted after the words" and from 1 January 2012 to 31 December 2013 for more than 21 calendar days' and after the words "from 1 January 2012 to 31 December 2013 '.
Čl. II
Transitional provision
Where temporary incapacity for work has been established or quarantine has been ordered before 1 January 2014 and continues in 2014,
(a) sickness benefits are paid under the conditions and for the period provided for in Act No. 187 / 2006 Coll., as effective on 31 December 2013; and
(b) the period of 21 calendar days referred to in § 18 (8) (b), § 56 (3) second sentence, § 61 (j), § 64 (1) (p), § 65 (2) (c) and § 105 first sentence of Act No 187 / 2006 Coll., as amended on 31 December 2013, remains.

ČÁST DRUHÁ

Amendment of the Social Security Insurance Act and contribution to the State Employment Policy
Čl. III
Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 160 / 1993 Coll., Act No. 160 / 2002 Coll., Act No. 113 / 1997 Coll., Act No. 134 / 1997 Coll., Act No. 238 / 2000 Coll., Act No. 29 / 2000 Coll., Act No. 54 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 20 / 2000 Coll.
1. In Paragraph 5b, the following paragraph 3 is inserted after paragraph 2:
"(3) The assessment basis of the self-employed person for pension insurance premiums and the contribution to the national employment policy, which was, for at least part of the calendar year, involved in sickness insurance and paid for at least one calendar month of sickness insurance contributions from a monthly basis higher than the lowest monthly assessment basis for that month set in accordance with the second sentence of Paragraph 14 (2), § 14 (5) or § 14 (6) of the first sentence, shall be at least the sum of the monthly assessment bases determined in accordance with Article 14 (2) of the first sentence; the part of the specified monthly basis of assessment which is higher than that lowest monthly basis of assessment only as a result of the payment of an advance on premiums rounded up to the level of the whole 100% upwards shall not be taken into account. ';
Paragraph 3 shall become paragraph 4.
2. In Article 5b, at the end of the text of paragraph 4, the words "and above the monthly assessment basis established in accordance with Article 14 shall be added. The monthly basis where the self-employed person is not obliged to pay advances on pension insurance premiums and the contribution to the state employment policy under Paragraph 15a (7) may not exceed one twelfth of the maximum assessment basis. '
3. In Paragraph 5c (1), the second sentence is deleted.
4. in Article 5c (2), the words "paragraph 3, second sentence 'are replaced by the words" paragraph 4, second sentence, as regards the lowest monthly base, and Article 5b (4), third sentence, as regards the highest monthly base';
5. in Article 7 (1) (a):
"(a) the employer:
1.25% of the assessment base referred to in § 5a (a), of which 2,3% for sickness insurance, 21,5% for pension insurance and 1,2% for state employment policy,
2.26% of the assessment base referred to in Section 5a (a), of which 3,3% for sickness insurance, 21,5% for pension insurance and 1,2% for state employment policy, if it is an employer with an average monthly staff of less than 26 employees, provided that the rate is set for the calendar year itself in accordance with paragraph 2,
3.21,5% of the assessment base referred to in § 5a (b), '.
6. In Article 7 (1) (c) (1) and the second sentence of Article 15 (5), "and 2 'is replaced by" to 3'.
7. in Article 7 (1) (c) (2) and (e), "1,4%" is replaced by "2,3%."
8. in Paragraph 7 (1) (c) (2), "paragraph 3" is replaced by "paragraph 4."
9. Paragraph 7 (2) is deleted.
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
10. in Paragraph 7 (3), the second sentence of the word "paragraph 3" shall be replaced by "paragraph 2" and in the third sentence, the word "not to detect" shall be replaced by the words "detect on the date of the notification referred to in paragraph 2."
11. in Article 9, paragraphs 2 and 3 are deleted;
Paragraphs 4 to 8 shall be renumbered paragraphs 2 to 6.
12. in the first sentence of Paragraph 9 (2), the words "from 2011 onwards" shall be deleted and the words "wages for temporary incapacity" shall be replaced by the words "wages, wages or remuneration, or reduced remuneration for temporary incapacity or quarantine periods (hereinafter referred to as" compensation for wages for temporary incapacity ")."
13. in Paragraph 9 (2), the third sentence is replaced by the following: "The amount to be charged to workers for the compensation of temporary incapacity shall not include the part of the compensation for temporary incapacity which has been agreed or determined above the amount to which the staff member has been entitled under the special legislature66) and the compensation for the salary for the period of temporary incapacity which has not been paid to the staff member for reasons of the employer; the remuneration for the temporary incapacity period which has not been paid to the staff member for reasons on the part of the employer shall be deducted from the amount of premiums for the calendar month in which the staff member was paid. ';
Footnote 66 reads as follows:
"66) § 192 (2) of the first Labour Code. '.
14. in Paragraph 9 (3), the semicolon and part of the sentence after the semicolon shall be deleted.
15. in the first sentence of Article 9 (5), "paragraphs 2, 3 or 4" shall be replaced by "paragraph 2" and "paragraph 5 or 6" shall be replaced by "paragraph 4."
16. In the third sentence of Article 11, "paragraphs 5 to 7 'is replaced by" paragraphs 3 to 5'.
17. in Article 13a (1) (b), the words "income from self-employment after deduction of expenditure incurred in achieving, securing and maintaining it" shall be replaced by "tax base (Article 5b (1))."
18. In Paragraph 14, the sentence "The monthly assessment basis shall be the amount to be determined by the self-employed person, but not more than one twelfth of the maximum assessment basis, shall be inserted at the beginning of paragraph 2. '.
19. In the second sentence of Article 14 (2), the words "at least 'are inserted after the words" monthly basis' and the words "four times the average wage 'are replaced by the words" one twelfth of the maximum base'.
20. In Paragraph 14a (2), the first and second sentences are replaced by the following: "Self-employed persons may pay advance payments in the calendar year for premiums for a longer period than the monthly period, but only for the future and at most until the end of the calendar year. Payment of advances on premiums under the first sentence shall be subject to prior notification by the self-employed person to the competent district social security administration. '.
21. in Article 14c (2), the second sentence is deleted;
22. In the second sentence of Article 15 (1), the words "and 15b 'are deleted.
23. Article 15b is deleted.
24. In the last sentence of Paragraph 17 (2), the words "the month of June following 'shall be deleted.
25. in § 22 (1) of the introductory part of the provisions and in § 22b (1), (3) and (4), the words "paragraphs 5 and 6" are replaced by the words "paragraphs 3 and 4."
26. in Article 23b (3), the words "the first 14 calendar days of duration" shall be deleted;
27. in Article 23b, the following paragraph 4 is added:
(4) For the purposes of this Act, the average wage shall be the amount calculated as the product of the general assessment basis per calendar year preceding the calendar year for which the average wage is collected and the conversion rate for adjusting that general assessment base. the calculated amount shall be rounded up to the full crown. ';
Čl. IV
Transitional provision
The maximum assessment basis of the employee and self-employed for 2011 is determined in accordance with Act No. 589 / 1992 Coll., as effective until the date of entry into force of this Act.

ČÁST TŘETÍ

Amendment of the Labour Code
Čl. V
Act No. 262 / 2006 Coll., Labour Code, as amended by Act No. 585 / 2006 Coll., Act No. 181 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 294 / 2007 Coll., Act No. 305 / 2008 Coll., Act No. 306 / 2008 Coll., Act No. 327 / 2010 Coll., Act No. 73 / 2008 Coll., Act No. 126 / 2008 Coll., Act No. 320 / 2009 Coll., Act No. 326 / 2009 Coll., Act No. 347 / 2010 Coll.
1. In Article 66 (1), the words "and in the period from 1 January 2012 to 31 December 2013 for the first 21 calendar days' shall be inserted after the words" 14 calendar days'.
2. Paragraph 76 (4) is deleted.
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
3. in Paragraph 77, the following paragraph 1 is added:
"(1) An agreement to perform a job or an agreement to work shall be made in writing by the employer, otherwise they shall be invalid; one copy of this agreement shall be issued by the employer to the staff member. ';
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
4. Paragraph 123 (5) reads as follows:
"(5) Salary tariffs are set in 16 grades and in each grade."
5. in Article 123 (6) (f):
"(f) the number of employees for which the employer may determine the salary tariff within the range of the salary tariffs set for the lowest to highest grade of the relevant grade or with whom the employer may negotiate a contract salary;"
6. In the first sentence of Article 192 (1), the words "and in the period from 1 January 2012 to 31 December 2013 for the first 21 calendar days' shall be inserted after the words" 14 calendar days'.
7. In the second sentence of Article 192 (1), the words "or salary 'shall be inserted after the words" salary'.
8. In the third sentence of Article 192 (1), the words "and 21 calendar days in the period from 1 January 2012 to 31 December 2013 'shall be inserted after the words" 14 calendar days'.
9. in the fourth sentence of Paragraph 192 (1), (5) and (6) of the first sentence, the words "and in the period from 1 January 2012 to 31 December 2013 for the first 21 calendar days" shall be inserted after the words "14 calendar days."
10. In the first sentence of Article 194, the words "and from 1 January 2012 to 31 December 2013, during the first 21 calendar days' shall be inserted after the words" 14 calendar days'.
Čl. VI
Transitional provision
Where temporary incapacity for work has been established or quarantine has been ordered before 1 January 2014 and continues in 2014,
(a) the compensation of the salary or salary or the remuneration of the employment agreement pursuant to § 192 or 194 of Act No. 262 / 2006 Coll., as amended on 31 December 2013; and
(b) the length of the period or period of 21 calendar days referred to in the second sentence of Paragraph 66 (1) and Article 192 (1) of the third and fourth sentences, paragraphs 5 and 6 of the first sentence of Act No. 262 / 2006 Coll., as amended on 31 December 2013, shall remain.

ČÁST ČTVRTÁ

Amendment of the State Social Support Act
Čl. VII
Act No. 1 / 2006, Act No. 2 / 1997 Coll., Act No. 2 / 2004 Coll., Act No. 158 / 2004 Coll.
1.
㤠2
State social aid benefits are:
(a) benefits provided depending on the level of income
1. child allowance,
2. housing allowance,
3rd birth allowance,
(b) other benefits
1. parental allowance,
2. foster care benefits;
3rd funeral. "
2. in Article 5 (1) (b) (13), the words "and from 1 January 2012 to 31 December 2013 to the 21st shall be inserted after the words" the fourteenth ";
3. in Article 5 (1) (f), the words "social supplement" shall be deleted;
4. In Article 5 (1) (g), the words "social bonus and 'are deleted.
5. in Article 5 (7) (b), the words "social supplement" shall be replaced by the words "maternity allowance."
6. In Article 5 (7) (b), the words "if granted 'are replaced by the words" if the housing allowance is granted'.
7. in Article 6 (b):
"(b) if
1. the housing allowance, the period of the calendar quarter preceding the calendar quarter to which the entitlement to payment of the benefit is established and, where applicable, the entitlement to benefit,
2. the birth, calendar quarter preceding the calendar quarter in which the child (s) was born. ';
8. In Article 7 (1), the words "social bonus' are replaced by the words" childbirth 'and the words "or social supplement' are replaced by the words" or childbirth '.
9. In Article 7 (1), "paragraph 6 'is replaced by" paragraph 5';
10. Paragraph 7 (5) is deleted.
Paragraphs 6 to 13 shall become paragraphs 5 to 12.
11. in Article 7 (8), "and 6" shall be replaced by "and 5."
12. in Article 7 (11), "paragraph 11" is replaced by "paragraph 10."
13. In Part Three, Title II, including the title, is deleted.
14. in Articles 25 (1) (b) and (c) and 26 (1) (a) and (b), the words "paragraph 6" in the tables shall be replaced by "paragraph 5."
15. in Articles 30 (1) (b) to (d) and 30a (1), the words "21 months" are replaced by the words "9 months."
16. in § 30b (1) (c), "paragraphs 11 and 12" shall be replaced by "paragraphs 10 and 11."
17. in the first sentence of Paragraph 30b (4), the words "cash aid" shall be deleted.
18. in Paragraph 31 (1), "paragraphs 7 to 12" shall be replaced by "paragraphs 6 to 11";
19. in Paragraph 37 (4), "paragraph 11" is replaced by "paragraph 10" and "paragraph 12" by "paragraph 11."
20. in Paragraph 40b (2), "paragraphs 11 and 12" are replaced by "paragraphs 10 and 11."
21. in Paragraph 43 (1), the second sentence is deleted;
22.
㤠44
Conditions for entitlement to maternity benefits
(1) The entitlement to the birth allowance is, if the income in the family does not exceed the product of the amount of the family's minimum life and the coefficient of 2,40, a woman,
(a) who has given birth to her first living child,
(b) which, at the same time as the first live child born, gave birth to another live child or children,
if she has not been entitled to childbirth under Paragraph 45 (1) before this birth.
(2) The father of the first live child or of children born at the same time as the first child of a woman shall also be entitled to childbirth if the woman who gave birth, died and fulfilled the conditions laid down in paragraph 1 on the date of birth and the child was not paid to her or to another person.
(3) The entitlement to the childbirth allowance arises on the day of the birth of the child, unless otherwise specified. "
23. in Paragraph 45 (1):
"(1) The entitlement to the childbirth allowance shall also be granted from the date of taking over the child into permanent care of the parent by the person who took over the child to such care up to the age of 1, that child was the first child of that person to whom the child was entitled to the childbirth allowance because of his taking over, and before taking over that child to the care of that person there was no entitlement to the childbirth allowance under Paragraph 44. Under the conditions laid down in the first sentence, a person who has taken permanent care of two or more children of the same birth shall also be entitled to childbirth. The condition is that the relevant income in the family of that person does not exceed the product of the amount of the family's minimum life and the coefficient of 2,40. '
24th Paragraph 45 (3) reads:
"(3) A child taken into permanent care replacing the care of the parent shall be considered to be a child taken into custody on the basis of a decision of the competent authority, if the decision is taken pursuant to Article 7 (10) (a) and (b). ';
25. in Paragraph 46 (1):
"(1) The amount of the childbirth is CZK 13,000 on the first live baby; If another child born live with the first child born live, the amount of the birth is CZK 19.500."
26. in Paragraph 51 (2):
"(2) The housing allowance shall be granted for the period 1 July to 30 June of the following calendar year or for a shorter period within that period, provided that the conditions for entitlement to the benefit are met only for that shorter period. The housing allowance due under the first sentence shall be paid for each calendar quarter period or within that calendar quarter for a shorter period, if entitlement to that benefit is valid only for a shorter period than the calendar quarter. Where the housing allowance is paid on the last day of the calendar quarter, its payment shall be made in the immediately following calendar quarter only if, by the end of the first calendar month of the following calendar quarter at the latest, the amount of the relevant income for the calendar quarter at which the benefit was paid shall be shown. In the absence of proof of the relevant income under the third sentence, the payment of the housing allowance shall be discontinued from the payment due for the calendar month by which the amount of income for the payment of the housing allowance for the following calendar quarter must be shown. If the relevant income is not demonstrated by the end of the calendar quarter for which the benefit should be paid, the right to the housing allowance shall cease. The provisions of the third to fifth sentences shall not apply in respect of the housing allowance paid on the last day of the calendar quarter ending on 30 June. The provisions of the third to sixth sentences shall also apply to the demonstration of housing costs. Where entitlement to the payment of the housing allowance is demonstrated for the period for which the payment of that benefit was not due under this paragraph, or where entitlement to the housing allowance for the period of cessation of entitlement under this paragraph is demonstrated, the fifth to seventh sentences shall be treated mutatis mutandis in accordance with paragraph 1. ';
27. the words "points 1 and 2" shall be inserted after the words "Article 2 (a)."
28. in Article 54 (3), "§ 2 (b) (3) and (4)" is replaced by "§ 2 (a) (3), § 2 (b) (3)";
29. in Paragraph 57 (1), "§ 2 (a), § 2 (b) in point 1" is replaced by "§ 2 (a) (1) and (2), § 2 (b) (1) and (2)";
30. in Article 57 (2), "§ 2 (b) (3) and (4)" is replaced by "§ 2 (a) (3), § 2 (b) (3)";
31. in Article 58 (2), "§ 2 (a), § 2 (b) (1)" shall be replaced by "§ 2 (a) (1) and (2), § 2 (b) (1)";
32. in Paragraph 68 (1) (e) (1), the words "cash aid" shall be deleted;
33. In Paragraph 68, at the end of paragraph 1, the dot is replaced by a comma and the following point (k) is added:
"(k) the facts proving that the child is entitled to childbirth."
34. in Paragraph 69 (1) (e), "paragraph 7" is replaced by "paragraph 6."
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Regulation Information

CitationAct No. 364 / 2011 Coll., amending certain laws in connection with austerity measures under the jurisdiction of the Ministry of Labour and Social Affairs
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation06.12.2011
Effective from01.01.2012
Effective until-
Status Valid
Legal Areas: Social security benefits Non-employment employment agreements Wages, salaries, wages, compensation Civil law Civil law substantive Civil law of procedure Labour relations Employment. Service relationship Labour law Social security law Proceedings in social security matters Self-administration Social Services, Social Assistance Social security management Administrative offences Administrative law State Territories, State Borders Constitutional (state) law Territorial Authority Old age insurance, Old age pension Diseases, Sickness benefits Unemployment security Minimum of life, Emergency
The regulation text is for informational purposes only.

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