Government Decree No. 370 / 2007 Coll.
Government Regulation on the conditions, amount and method of providing a contribution to the resolution of the consequences of the restructuring of ČD public limited company and state organization Railway Infrastructure Administration
Valid
Regulation
Effective from 01.01.2008
Text versions:
01.01.2008
28.12.2007
370
GOVERNMENT REGULATION
of 19 December 2007
on the conditions, the amount and the manner in which the contribution to the resolution of the consequences of the restructuring of the ČD public limited company and the Railway Infrastructure Administration
The Government mandates the implementation of Act No. 218 / 2000 Coll., on the Budget Rules and on the Amendment to Certain Related Laws (Budget Rules), as amended by Act No. 493 / 2000 Coll., Act No. 141 / 2001 Coll., Act No. 187 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 202 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 130 / 2003 Coll., Act No. 138 / 2006 Coll., Act No. 186 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 127 / 2005 Coll., Act No. 361 / 2005 Coll.
(1) This Regulation lays down the conditions for entitlement to the contribution to the resolution of the consequences of the restructuring of the ČD public limited company and of the Railway Infrastructure Administration's state organisation and the amount and method of granting this contribution.
(2) The restructuring of the ČD public limited company and the Railway Infrastructure Administration (hereinafter the "restructuring") for the purposes of this Regulation means:
(a) the establishment of ČD Cargo, a.s. and
b) Transfer of the operation of the railway infrastructure in public interest (1) from ČD public limited company to the Railway Infrastructure Administration state organization.
(3) The contribution referred to in paragraph 1 (hereinafter referred to as "the contribution ') shall be granted by the Ministry of Transport (hereinafter referred to as" the Ministry') from the State Budget.
(1) A staff member who was
(a) on 31 December 2007, an employee of the ČD public limited-time employment company, who, from the date of entry into force of this Regulation until 31 December 2010, ended up in agreement on the grounds set out in § 52 (a) to (c) of the Labour Code in connection with the restructuring;
(b) on 30 November 2007, an employee of ČD in an indefinite employment relationship and the rights and obligations arising from this employment relationship (2) before the date of entry into force of this Regulation into force on ČD Cargo, a. s. and who, from the date of entry into force of this Regulation until 31 December 2010, ended in agreement for the reasons set out in § 52 (a) to (c) of the Labour Code in connection with the restructuring;
(c) on 31 December 2007, an employee of the ČD public limited liability company in an indefinite employment relationship and the rights and obligations arising from this employment relationship (2) to the State organisation of the Railway Infrastructure Administration and who, from the date of entry into force of this Regulation until 31 December 2010, ended up in agreement for the reasons set out in § 52 (a) to (c) of the Labour Code in connection with restructuring.
(2) Only a staff member who:
(a) he worked in total in employment with ČD public limited liability company, its legal predecessors or ČD Cargo, a. s., as the acquiring employer or the state organisation of the Railway Infrastructure Administration as the acquiring employer (hereinafter referred to as the "acquiring employer") for at least 10 years, of which no less than 5 years on the date of termination of the service and no more than 5 years are missing until the age required to qualify for an old age pension (3);
(b) in the course of the work of a public limited company České dráhy, its legal predecessors or the recipient employer, he has suffered a permanent accident at work or a permanent illness of the profession with a permanent consequence (4) and is no more than 5 years short of age until the age required for entitlement to an old-age pension (3);
(c) care permanently for a child deemed to be unprovided under the State Social Support Act (5) and is free, divorced, widowed or not a partner living in a registered partnership, and within five years of the age required to qualify for an old-age pension (3);
(d) in the course of the work of ČD public limited company, its legal predecessors or the accepting employer, according to a medical opinion, has lost the ability to continue to perform the existing work or is eligible for it only under certain conditions (6), and up to the date of the age required to obtain entitlement to an old-age pension (3) he is no more than 5 years short; or
(e) within a period of more than 5 years before the date of age required for entitlement to an old-age pension (3), fulfil the other conditions referred to in points (b) to (d);
(hereinafter referred to as "the authorised staff member ').
(1) The allowance provided to the authorised staff member under § 2 (2) (a) to (d) shall consist of a fixed component and a movable component.
(2) The fixed component is:
a) 115 000 CZK at the end of the employment of an authorised employee for at least 3 years and not more than 5 years before the date of the age required for entitlement to an old-age pension 3),
b) 65 000 CZK at the end of the employment of an authorised employee for at least 5 months and not more than 3 years before the date of the age required for the entitlement to an old-age pension 3),
(c) CZK 32,000 at the end of the employment of an authorised employee no more than 5 months before the date of the age required for entitlement to an old-age pension 3).
(3) The variable component is one tenth of the average monthly earnings of the authorised employee (7), but not more than CZK 30,000, and the number of full calendar months remaining for the entitled employee until the age required to qualify for the old-age pension (3), but not more than 60 months.
(4
(1) The allowance shall be paid to the authorised staff member after the termination of his employment if the conditions laid down in Article 2 are fulfilled as follows:
(a) one-off without an application for the full amount of the fixed and movable component within the next payment deadline, but not later than the end of the second calendar month following the month in which the employment contract ended for the beneficiary staff member, if he is a beneficiary of a staff member who is absent from his employment to the age required for entitlement to an old-age pension (3), 12 months and less;
(b) in two parts after termination of employment.
(2) The first part of the 60% contribution of the amount calculated in accordance with Article 3 (2) and (3) or (4) shall be paid without application to the authorised staff member within the next payment deadline but not later than the end of the second calendar month following the month in which his employment ended.
(3) The second part of the contribution of 40% of the amount calculated in accordance with Article 3 (2) and (3) or (4) shall be paid at the earliest by the expiry of the 12th calendar month, and not later than 24 months after the last day of the calendar month in which his employment ended. The application must be submitted to the ČD public limited company or to the relevant acquiring employer no later than the end of the 15th calendar month from the last day of the calendar month in which his employment ended, otherwise the second part of the contribution cannot be paid.
(4) The second part of the allowance may be paid unless a new employment relationship has been created for the beneficiary employee with the ČD public limited company or with the acquiring employers.
Compliance with the conditions for payment of the second part of the allowance referred to in Article 4 (4) shall be demonstrated by the authorised staff member by an honorary declaration.
(1) The funds from the State Budget to cover the payment of the contribution will be transferred by the Ministry to the special accounts of the Czech Railways public limited liability company and the acquiring employers at the bank, on the basis of a schedule drawn up in agreement with the Ministry of Finance and after consultation with the Czech Railways public limited liability company and the acquiring employers.
(2) The ČD Joint Stock Company and the acquiring employers shall keep a record of the status and movement of funds held in the special bank account referred to in paragraph 1 in their accounts on a separate off-balance-sheet account and, after each calendar quarter, shall demonstrate to the Ministry the correctness of the amounts paid from that account.
(3) The contribution shall be paid by ČD and the acquiring employers under the conditions laid down in this Regulation. The Czech Railways Joint Undertaking and the Receiving Employers may use funds from the state budget intended to cover the payment of the contribution and interest on them only for the purposes laid down in this Regulation. In the event of unauthorised use or retention of the State budget funds allocated to the payment of the contribution, the budgetary rules shall be followed.
A contribution under this Regulation shall not be granted where a claim has been made or a contribution has been paid to the staff member in whole or in part under Government Decree No 322 / 2002 Coll., setting out the conditions, amount and manner of contribution to the resolution of the social consequences of the transformation of the Czech Railway State Organisation, as amended by Government Decree No 83 / 2005 Coll.
This Regulation shall enter into force on 1 January 2008.
Prime Minister:
Ing. Topolánek v. r.
Minister for Transport:
Ing. Říček v. r.
1) Paragraph 8 (1) of Act No. 77 / 2002 Coll., on the public limited company České dráhy, the state organization Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on the State Company, as amended by Act No. 293 / 2004 Coll.
2) § 338 of the Labour Code.
3) Paragraph 29 of Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll. and Act No. 289 / 1997 Coll.
4) Section 366 of the Labour Code.
5) Article 11 of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll., Act No. 242 / 1997 Coll. and Act No. 436 / 2004 Coll.
6) Act No. 266 / 1994 Coll., on Railways, as amended. § 6 (3) (b) and (c) of Decree No. 101 / 1995 Coll., which is issued by the Order on the health and professional competence of persons in the operation of railway and railway transport.
7) For example, § 351 of the Labour Code.
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Regulation Information
| Citation | Government Decree No. 370 / 2007 Coll., on the conditions, amount and method of providing a contribution to the resolution of the restructuring of ČD public limited company and state organization Railway Infrastructure Administration |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.2007 |
|---|---|
| Effective from | 01.01.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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