What is Act No. 382 / 2008 Coll.?

Act No. 382 / 2008 Coll., amending Act No. 435 / 2004 Coll., on Employment, as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended, and other related laws — Act amending Act No. 435 / 2004 Coll., on Employment, as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and other related laws.

When it became Act No. 382 / 2008 Coll. effectiveness?

Act No. 382 / 2008 Coll. became effective 01.01.2009.

Is Act No. 382 / 2008 Coll. still valid?

Yes, Act No. 382 / 2008 Coll. is still valid and effective.

How many times was it Act No. 382 / 2008 Coll. amended?

Act No. 382 / 2008 Coll. has 5 time versions of the text.

Act No. 382 / 2008 Coll.

Act amending Act No. 435 / 2004 Coll., on Employment, as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and other related laws

Valid Law Effective from 01.01.2009

Text versions: 01.01.2010 01.01.2009 31.12.2008 20.10.2008

ČÁST PRVNÍ Čl. I „§ 37a „§ 52 „§ 60a „§ 85 „§ 96 „§ 127 „§ 142 „§ 147a § 147b Čl. II Čl. III ČÁST DRUHÁ Čl. IV „§ 42g § 42h „§ 46e „§ 93a „§ 161a ČÁST TŘETÍ Čl. V „§ 18a „§ 62a § 62b Čl. VI ČÁST ČTVRTÁ Čl. VII ČÁST PÁTÁ Čl. VIII Čl. IX ČÁST ŠESTÁ Čl. X ČÁST SEDMÁ Čl. XI „§ 20a „§ 33a ČÁST OSMÁ Čl. XII ČÁST DEVÁTÁ Čl. XIII Čl. XIV ČÁST DESÁTÁ Čl. XV

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382

THE LAW

of 18 September 2008

amending Act No. 435 / 2004 Coll., on Employment, as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Employment Act

Čl. I

Act No. 435 / 2004 Coll., on Employment, as amended by Act No. 168 / 2005 Coll., Act No. 202 / 2005 Coll., Act No. 253 / 2005 Coll., Act No. 350 / 2005 Coll., Act No. 382 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 428 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 495 / 2005 Coll., Act No. 362 / 2007 Coll., Act No. 110 / 2006 Coll., Act No. 159 / 2007 Coll., Act No. 181 / 2007 Coll., Act No. 165 / 2006 Coll., Act No. 214 / 2006 Coll., Act No. 264 / 2006 Coll.

1. footnote 7 shall read:

"7) § 15a and 180f of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended."

2. In Article 5 (b) (2), the words "or family member of a citizen of the Czech Republic" shall be inserted after the word "national."

3. In Article 5 (b) (3), the word "or 'is replaced by the word" ani' and the words "not even a family member of a citizen of the Czech Republic 'are inserted after the word" national'.

4. In Article 5 (c) (6), the words "or reasons worthy of special consideration 'shall be inserted after the words" religious'.

5. In Article 5 (c) (6), the words "which the candidate for employment shall prove and prove," shall be deleted.

6. In Article 5 (d), the words "secondary and higher vocational schools, the period of preschool studies in universities, the period of study in other schools where, under the special legislation, there is continuous preparation for the future occupation, 9) 'are replaced by the words" secondary schools, conservators, higher vocational schools and language schools with the law of the state language examination and the period of preschool studies in higher education (9)';

footnote 9:

"9) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended. Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended. '

7. in § 5 (e) (2), including footnote 9a:

"2. where a natural person-alien carries out work in contravention of, or without, an employment permit issued under this law, or a long-term residence permit for employment in special cases (hereinafter referred to as" the green card ") issued under special legislation (9a) or without a green card required under this law; This does not apply in the case of transfer to another work under Paragraph 41 (1) (c) of the Labour Code,

9a) § 42g of Act No. 326 / 1999 Coll., as amended by Act No. 382 / 2008 Coll. '

8. in Section 5, the following point (f) is added:

"(f) a standardized summary of work activities according to their usual labour market grouping, the performance of which implies a certain professional and other competence."

9. in Article 6 (1) (c):

"(c) ensure the creation and, in line with the development of the labour market, the updating of the national occupational system, which includes:

1. the name and the code number of the profession,

2. a brief description of the profession,

3. professional activities,

4. the conditions for the pursuit of the profession, in particular the qualifications, professional and medical;

5. Other professional data,

publish it in electronic form in a way that allows remote access; cooperate with administrative authorities and local authorities on its creation and updating and take into account proposals from labour market actors; ';

10. in Article 6 (1) (j), the words "vacancies, vacancies for holders of a green card" shall be inserted after the word "foreigners."

11. in Article 6 (1) (k), the words "and control their activities" shall be deleted;

12. in Article 6, at the end of paragraph 1, the dot is replaced by a comma and the following point (m) is added:

"(m) publish in electronic form, in a way enabling remote access, written material relating to the provision of State budget funds for the instruments and measures of active employment policy, with the exception of materials containing personal data of natural persons who are not directly recipients of such funds.";

13. in Paragraph 6 (2), the words "by the Ministry and the employment authorities used to fulfil their obligations under this law and may be added after the word" be. "

14. in Article 8 (1) (j) (4), the words "community service or" and the words "public service or" shall be deleted, and at the end of the text of point 4, the words "or to participate in a targeted employment programme (§ 120)" shall be added;

15. in Article 8 (1) (j), the following point 7 is added:

'7. Whether the job seekers have been drawn up by the Office of Labour an individual action plan, '.

16. in § 8 (1) (k), the words "to his family member (§ 3 (2)) and to a family member of a Czech citizen referred to in § 3 (3)" shall be inserted after the word "Union."

17. in Article 8 (1), the following points (o) and (p) are inserted after point (n):

"(o) provide the Office of the Office of Labour with the identification data of workers seconded to work in the territory of the Czech Republic and the identification data of legal and natural persons to whom they have been seconded with a view to carrying out checks on compliance with the working conditions of such staff provided for by other legislation governing working conditions;

(p) publish in electronic form, in a way enabling remote access, written material relating to the provision of State budget funds for the instruments and measures of an active employment policy, with the exception of materials containing personal data of natural persons who are not direct recipients of such funds; ';

Point (o) shall be renumbered as point (r).

18. In Paragraph 17 (1), the words "the provision of contributions to the instruments and measures of an active employment policy, the contribution to support the employment of disabled persons' shall be inserted after the word" employment '.

19. in Article 21 (2) (a), the following point 3 is added:

'3. the medical assessment shall be a condition for the inclusion of the candidate for employment in the relevant retraining course; ';

20. In Article 21, the following paragraph 3 is inserted after paragraph 2:

"(3) In addition, the natural person referred to in paragraph 1 shall be required to undergo a psychological examination for the purpose of assessing the competence to pursue the profession to which he is to be requalified if such examination requires specific legislation. ';

Paragraph 3 shall become paragraph 4.

21. in Paragraph 21 (4), the words "and the psychological examination referred to in paragraph 3" shall be inserted after the number "2."

22. In Paragraph 25 (1) of the Introductory Part of the provision, the words "resident in the Czech Republic and 'are inserted after the words" natural person'.

23. in Paragraph 25 (1) (c), the words "or a member of a public company" shall be deleted;

24. in Article 25 (1), the words "or Member of the European Parliament" shall be added at the end of the text in point (h).

25. in Paragraph 25 (1), point (n) shall be deleted;

Points (o) to (s) shall be renumbered as points (n) to (r).

26. in Article 25 (2), points (b) and (c), including footnotes 31 and 32, are deleted;

Points (d) to (f) shall be renumbered (b) to (d).

27. in Article 25 (3) (a), the words "the activity is carried out in the range of less than half of the fixed weekly work period 22) and" shall be deleted;

28. in Article 25 (3) (b):

"(b) the pursuit of an activity under an agreement to carry out work or an agreement to work, provided that the monthly remuneration or remuneration for one month for the period for which it is due does not exceed half of the minimum wage."

29. In Section 25 (3) of the final part of the provision, the words "its scope and the amount of remuneration to be declared and documented 'are replaced by the words" to be notified within 8 calendar days of the date of establishment of the employment or service relationship or from the date of conclusion of the agreement on the performance of the work or employment agreement, and to document the amount of monthly earnings or remuneration within the time limit set by the employment office'.

30. in Article 27 (2) and (3):

"(2) The facts relevant for inclusion or maintenance in the employment record shall be certified by the jobseeker at the employment office; changes to these facts shall be notified in person or in writing by the candidate within 8 calendar days at the latest. Within the same period, he shall be obliged to notify, in person or in writing, the reasons for which he did not appear at the office of employment within the prescribed period.

(3) If the facts relevant for the inclusion or keeping in the register of applicants for employment and their amendments do not prove otherwise, the employment office may grant their certificate by an honorary declaration. "

31. in Article 27, the following paragraph 4 is added:

"(4) A candidate for employment who, during the course of his or her term of office, changes his or her residence in the register of candidates for employment and fulfils the notification requirement of paragraph 2 shall, on the date of the change of residence, transfer the employment record of the candidate to the employment office responsible for his or her new residence."

32. in Paragraph 29 (b), "submission" is replaced by "service."

33. In Article 29, the words "unless one of the grounds for exclusion from the employment register referred to in Article 30 'are added at the end of the text (b).

34. in Paragraph 29 (c), the word "or 'is deleted;

35. in Paragraph 29, at the end of point (d), the dot is replaced by a comma and the following points (e) to (g) are added:

"(e) the following six months after the date on which the applicant for employment is taken into custody:

(f) inclusion in the register of jobseekers where the employment office has subsequently established that the jobseeker has not been eligible to participate in legal relations under Article 3 (1) (b); or

(g) the loss of the candidate's capacity to participate in legal relations pursuant to Article 3 (1) (b). ';

36. in Article 30 (1) (a), the words "paragraph 2 (a), (d) and (e)" shall be replaced by "§ 25 (2) (a) to (c), and the candidate for employment shall not comply with the notification requirement of Article 27 (2)."

37. in Article 30 (1), the following point (b) is inserted after point (a):

"(b) a job seeker fails to comply with the notification requirement laid down in Article 25 (3) or fails to notify any other facts affecting the classification and keeping in the register of jobseekers within the time limit laid down in Article 27 (2),"

Points (b) to (e) shall be renumbered (c) to (f).

38. in Paragraph 30 (1), point (d) is deleted;

Points (e) and (f) shall be renumbered as points (d) and (e).

39. in Paragraph 30 (2) of the introductory part of the provision, the words "serious reasons" shall be replaced by "serious reasons."

40. In Article 30 (2), the words "or a candidate for employment who is kept in the employment register for more than 5 months shall be added at the end of the text in point (b), shall reject the job offer for retraining '.

41.In Paragraph 30 (2) (c):

"(c) does not provide synergies in the preparation, updating or evaluation of an individual action plan or the conditions set out therein (Paragraph 33 (2)),"

42. In Paragraph 30 (2) (d), the word "or" is replaced by "or psychological examination (Paragraph 21 (3)) or";

43.Paragraph 30 (4) reads as follows:

"(4) A candidate for employment who has been excluded from the register of jobseekers for one of the reasons given

(a) in paragraph 1 (a), (b) and (d), on the basis of a new written request, it may be re-entered in the register of jobseekers not earlier than 3 months after the date of exclusion from the register of jobseekers;

(b) in paragraph 1 (e) and in paragraph 2, it may be re-entered in the register of candidates for employment on the basis of a new written request not earlier than six months after the date of withdrawal from the register of candidates for employment. "

44. in Article 31, point (c) is deleted;

Points (d) to (f) shall be renumbered (c) to (e).

45. in Article 31 (e), the words "employment mediation" shall be inserted after the words "thwarting."

46. in Paragraph 33 (1) (b), "25" is replaced by "20."

47. in Paragraph 33 (1), point (c) is deleted;

Points (d) to (h) shall be renumbered (c) to (g).

48. in Paragraph 33 (1) (f), "more than 6" is replaced by "more than 5";

49. in Paragraph 33 (2):

"(2) An individual action plan is used to increase the possibility of applying a job seeker to the labour market. The individual action plan is a document drawn up by the employment office for the cooperation of the jobseeker. The content of the individual action plan is, in particular, the establishment of a procedure and a timetable for the implementation of individual measures to increase the possibility of applying a job-seeker to the labour market. The content of the individual action plan shall be determined on the basis of the qualifications, health status, opportunities and competences of the candidate for employment. The individual action plan shall be drawn up by the Labour Office whenever the job seeker is kept in the employment record for a continuous period of more than 5 months. The job applicant shall provide the work office with synergies in the preparation, updating and evaluation of the individual action plan, within the deadlines set by the employment office, and fulfil the conditions set out therein. ';

50. In Article 35 (1), the words "or intends to be filled by temporary agency staff 'shall be inserted after the words" to obtain staff'.

51. In the first sentence of Paragraph 37, the words "employer identification details' shall be inserted after the words" contains'.

52. In Paragraph 37, at the end of the first sentence, the words "and whether it is a job reserved or suitable for a disabled person 'shall be added.

53. The following Section 37a is inserted after Section 37, including footnotes 32e and 32f:

„§ 37a

(1) The Ministry shall keep a central record of vacancies available to holders of a green card. The central register shall contain the data referred to in Section 37.

(2) The vacancy of a vacant green card holder means a post,

(a) which has not been filled within 30 days of its notification to the Labour Office, with the exception of the posts of officials of the territorial authorities of 32e) and of staff employed in the administrative offices of 32f); or

(b) which the Ministry of Industry and Trade has identified in the central register of vacancies as suitable for key staff.

With the publication of a job in the central register of vacancies for holders of a green card, the employer must give his consent.

(3) The representative office of the Czech Republic shall indicate in the central register the vacancies available to the holders of the green card the submission of the application for the issue of the green card and the withdrawal of the application if any. The Ministry of the Interior shall indicate in this register the filing of an application for the issue of a green card, if any, the withdrawal of the application, if it has been made on the territory of the Czech Republic, the date on which the decision has been made to accept or fail the application, and the date on which the green card was issued.

(4) Immediately after the green card has been issued, the Ministry of Interior shall electronically communicate to the Ministry the identification details of the alien to whom the green card has been issued and the post for which the green card has been issued; It shall also inform the Ministry of its extension, revocation or termination.

(5) The Ministry shall not publish a vacancy or vacancy in the central register of vacancies available to holders of a green card if its occupation by a stranger would jeopardise the labour market situation; for places suitable for key personnel, this can only be done on the basis of the prior agreement of the Minister of Labour and Social Affairs.

32e) Act No. 312 / 2002 Coll., on officials of local authorities and amending certain laws, as amended.

32f) Act No. 218 / 2002 Coll., as amended. '

54. In the second sentence of Paragraph 38, "(§ 127) 'is replaced by" (§ 126 (2))'.

55. In Paragraph 38, the third sentence is replaced by the following: "The Labour Office also does not offer or publish vacancies with an employer who has been fined for infringement of an obligation under labour law (Paragraph 126 (2)) or for infringement of an obligation under legislation controlled by the State Labour Inspection Office or the Regional Labour Inspectorate for a period of 3 months from the date on which the decision to impose the fine is taken. '

56. Paragraph 39 (1) (a), including footnote 32g, reads as follows:

"(a) has received a pension insurance period of at least 12 months (hereinafter referred to as" previous employment ") in the relevant period (Paragraph 41) by employment or other gainful activities under special legislation32g; overlapping periods of pension insurance are only counted once,

32g) § 11 (1) (a) and § 2 of Act No. 155 / 1995 Coll. '.

57. in Paragraph 39 (2), the following point (b) is inserted after point (a):

"(b) who, in the last 6 months before being entered in the register of jobseekers without serious reason, has repeatedly ceased the appropriate employment (§ 20), mediated by the employment office,"

Point (b) shall be renumbered (c).

58. in Paragraph 41 (2):

"(2) If the condition laid down in Paragraph 39 (1) (a) of the previous employment is not met, this condition may also be met by offsetting the replacement period of employment. Prior employment shall not include the period of pension insurance completed by employment or other gainful activities at the time of holding in the register of jobseekers (Sections 25 (1) and (3)) and short-term employment. Where the period of pension insurance obtained by employment or other gainful activities and the replacement period of employment overlap, the period of pension insurance obtained by employment or other gainful activities shall, as a priority, be included in the previous employment. ';

59.In Paragraph 41 (3), points (c), (d) and (h) are deleted.

Points (e) to (g) shall be renumbered as points (c) to (e).

60.In Paragraph 41 (3) (e), including footnotes 35a and 35b:

"(e) the performance of a long-term voluntary service under a contract of a volunteer with a sending organisation which has been granted accreditation by the Ministry of Interior 35a), or the performance of a public service under a public service contract 35b) if the scope of the service performed exceeds on average at least 20 hours per calendar week;

35a) Act No. 198 / 2002 Coll., on Voluntary Service and on the amendment of certain laws (Act on Voluntary Service), as amended.

35b) Act No. 111 / 2006 Coll., on aid in material distress, as amended. '

61.In Paragraph 41 (3), the following point (f) is added:

"(f) personal care of a natural person under 10 years of age who, under specific legislation, is considered to be dependent on the assistance of another natural person in grade I (light dependence).";

62. Paragraph 41 (4) is deleted.

Paragraph 5 shall become paragraph 4.

63. In Paragraph 42 (2), the words "when applying for unemployment benefit, for example by means of a certificate of employment, an agreement on employment 'are replaced by the words", for example, by a pension certificate, a certificate of employment, a certificate of average earnings'.

64. in Paragraph 43 (1) (a), "6" is replaced by "5."

65. In Paragraph 43 (1) (b), the word "from" is replaced by "above" and the number "9" is replaced by "8."

66.In Paragraph 43 (1) (c), "12" is replaced by "11."

67. In Paragraph 44 (1), the words "except for sickness insurance benefits provided by jobseekers for participation in sickness insurance for the purpose of carrying out activities under Section 25 (3) or employment under Section 25 (5) 'shall be added at the end of the text in point (b).

68. Article 47 shall be deleted;

69. In the first sentence of Paragraph 48, the words "has taken up employment or pursued a gainful activity establishing an obligation to pay pensions and a contribution to state policy21) for a period of time 'are replaced by the words" has acquired a pension insurance period under the special legislation 32g) in length'.

70. In the second sentence of Paragraph 48, the words "the period of employment or gainful activity arising from the obligation to pay pension insurance contributions and the contribution to the state employment policy 'are replaced by the words" the period of pension insurance in length has been ";

71. In the first sentence of Paragraph 49 (1), the words "he has entered into employment or pursued a gainful activity establishing an obligation to pay pensions and a contribution to state employment policy, 21) shall be replaced by the words" he has acquired a period of retirement insurance in length by employment or other gainful activity. "

72. Footnote 36 reads:

"36) § 52 (a) to (c) of the Labour Code. '

73. In Article 49 (2), the words "employment or other gainful activities carried out at the time of holding in the register of jobseekers (Sections 25 (1) and (3)) and short-term employment 'are replaced by the words" pension insurance obtained by employment or other gainful activities at the time of holding in the register of jobseekers (Sections 25 (1) and (3) and short-term employment'.

74. In Paragraph 50 (3), "3 months 50% support period 'is replaced by" 2 months 65% support period, another 2 months 50% support period'.

75. in Paragraph 50 (4), the words "establishing an obligation to pay pension insurance and a contribution to state employment policy" shall be replaced by the words "which are periods of pension insurance,"

76. In Paragraph 51 (1), the introductory part of the provision reads:

"(1) Unemployment aid shall be fixed for the first 2 months at 0,15 times, a further 2 months at 0,12 times, and for the remaining support period of 0,11 times the average national economy wage for the first to third quarters of the calendar year preceding the calendar year in which the application for such aid was submitted, if '.

77.In Paragraph 51 (2), the second sentence is deleted.

78. § 52 reads:

„§ 52

An applicant for employment whose last gainful activity before the application for unemployment benefit was not the period of retirement insurance, but which fulfilled the condition of the total period of previous employment laid down in Paragraph 39 (1) (a), shall be determined from the average monthly net earnings or the assessment basis achieved in the last employment or other gainful activity which is the retirement period. The same shall apply in cases where the jobseeker was engaged in a gainful activity which is not a retirement period before the retraining. '

79. In Paragraph 56 (1), at the end of the text in point (d), the words "except for sickness insurance benefits provided by jobseekers for participation in sickness insurance for the purpose of carrying out activities under Section 25 (3) or employment under Section 25 (5) 'are added.

80. In Article 56 (2), the words "with the exception of sickness insurance benefits provided by jobseekers for participation in sickness insurance for the purpose of carrying out the activities referred to in Article 25 (3) or employment referred to in Article 25 (5) 'shall be added at the end of the text of point (d).

81. In Paragraph 59, the following paragraph 1 is added:

"(1) Labour agencies are required to keep records of:

(a) the number of vacancies for which employment mediation is required under Paragraph 14 (1) (a);

(b) natural persons placed by them,

Paragraph 59 is renumbered paragraph 2.

82. in Paragraph 59 (2) (c), the words "performing work" shall be replaced by the words "temporarily assigned to perform work."

83.In Paragraph 60 (2):

"(2) The condition for the granting of an authorisation for the provision of employment to a natural person is to reach the age of 18, legal capacity, integrity, professional competence and residence in the Czech Republic."

84. In Paragraph 60 (4), the words "completed secondary education 'are replaced by the words" secondary education with a graduate examination, higher vocational education or higher vocational education in a conservatory'.

85. in Paragraph 60 (6), the second sentence shall be replaced by the following: "A natural person may be appointed as a responsible representative only for one legal person. The natural person referred to in the second sentence shall not be the holder of an authorisation for brokering as a natural person at the same time. '

86. In Paragraph 60 (7), "3 'is replaced by" 4';

87. The following Section 60a is inserted after Section 60:

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Regulation Information

Citation	Act No. 382 / 2008 Coll., amending Act No. 435 / 2004 Coll., on Employment, as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	20.10.2008
Effective from	01.01.2009
Effective until	-
Status	Valid

Legal Areas: Taxes Social security benefits Finance International law International private law International public law Fees Labour relations Employment. Service relationship Labour law Social security law Proceedings in social security matters Social Services, Social Assistance Social security management Administrative offences Administrative law State (official) control Telecommunications, Communications, Mail Constitutional (state) law General internal administration Old age insurance, Old age pension Diseases, Sickness benefits Unemployment security Fundamental human rights Minimum of life, Emergency Special working conditions

The regulation text is for informational purposes only.

Act No. 382 / 2008 Coll.

Act amending Act No. 435 / 2004 Coll., on Employment, as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and other related laws

Contents