What is Decree No. 390 / 2011 Coll.?

Decree No. 390 / 2011 Coll., amending Decree No. 518 / 2004 Coll., implementing Act No. 435 / 2004 Coll., on Employment, as amended — Decree amending Decree No. 518 / 2004 Coll., implementing Act No. 435 / 2004 Coll., on Employment, as amended.

When it became Decree No. 390 / 2011 Coll. effectiveness?

Decree No. 390 / 2011 Coll. became effective 01.01.2012.

Is Decree No. 390 / 2011 Coll. still valid?

Yes, Decree No. 390 / 2011 Coll. is still valid and effective.

How many times was it Decree No. 390 / 2011 Coll. amended?

Decree No. 390 / 2011 Coll. has 3 time versions of the text.

Decree No. 390 / 2011 Coll. - Decree amending Decree No. 518 / 2004 Co...

390

DECLARATION

of 29 November 2011

amending Decree No. 518 / 2004 Coll., implementing Act No. 435 / 2004 Coll., on Employment, as amended

The Ministry of Labour and Social Affairs provides, pursuant to § 77 (1), § 78 (12), § 81 (5), § 119a (8) and § 130 of Act No. 435 / 2004 Coll., on Employment, as amended by Act No. 367 / 2011 Coll.:

Čl. I

Decree No. 518 / 2004 Coll., implementing Act No. 435 / 2004 Coll., on Employment, as amended by Decree No. 507 / 2005 Coll. and Decree No. 452 / 2008 Coll., is amended as follows:

1. In the title above Section 2, the words "employment office 'are replaced by the words" employment office'.

2. footnote 3 shall read:

"3) § 104 of the Labour Code."

3. footnote 4 shall read:

"(4) Sections 163 and 176 of the Labour Code. '

4. In Article 5 (1), the words "Labour Office 'are replaced by the words" Labour Office';

5. In the heading of Part Two, the words "and the protected workshop 'are deleted.

6. In the title of Section 6, the words "and jobs in a sheltered workshop 'are deleted.

7. In Section 6, the words "and jobs in a sheltered workshop 'are deleted.

8. In Paragraph 6, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:

"(2) When discussing an application for an agreement to establish or define a job protected, the Labour Office shall take into account whether the employer:

(a) has not concluded a contract in the 12 months preceding the date of the application with an employee who is a disabled person on the basis of which he would be obliged to provide funds contrary to good manners;

(b) on the day on which the application is submitted, at least 80% of the staff members who are disabled persons to whom they may claim a contribution under Paragraph 78 of the Act, salary or salary shall be paid by cash transfer to an account held with a money institution or by postal order;

(c) on the day on which the application is submitted, employs an absolute majority of staff who are disabled at their place of work;

(d) allocates to staff members who are disabled, work appropriate to the positive effects on the social integration of those persons, or to the ratio of the funds spent on the State budget for the employment of disabled persons and the sales of goods and services related to the employment of those persons.

(3) The Agreement establishing or defining a protected post may be concluded with an employer meeting the criteria set out in paragraph 2 (a), (b) and (d), or the criteria set out in paragraph 2 (a) to (c). "

9. Article 7 shall be deleted;

10. Sections 8 and 9, including the title, read:

„§ 8

Types of operating costs of a protected post

(1) The operating costs of the sheltered post at which the employer can be granted a contribution under Section 76 of the Act shall be considered to be:

(a) increased administrative costs of 7% of the average monthly national economy wage for the first to third quarters of the preceding calendar year, which are the costs of:

1. the management of the staff, wage or social agenda of staff members who are disabled,

2. communication with public authorities and other bodies in connection with the employment of persons with disabilities;

3. rent for areas of work, storage or handling associated with the employment of disabled persons,

4. mandatory revisions of establishments without which disabled persons cannot be employed;

5. Mandatory revision of an object used to employ disabled persons if the object is owned by an employer,

6. services associated with the use of the building, in particular the revision of chimneys, lightning ducts, electrical installations, the price of which is included in the rent,

7. increased energy and fuel consumption associated with the employment of people with disabilities; or

8. watery and tawdry linked to the employment of disabled persons,

(b) the costs of operating staff and work assistants:

1. the wage costs of operating staff and work assistants in their primary employment relationship with the employer, to the extent appropriate to the number of hours worked by operating staff or staff assistants in assisting workers who are disabled; or

2. the cost of providing work assistants in the absence of employees of the same employer;

(c) transport costs related to the employment of disabled persons, which are costs for:

1. the transport of disabled workers to and from the workplace; or

2. transport of materials and finished products,

(d) the costs of adapting the establishment, which are the costs of:

1. the acquisition and verification of computer software for the employment of persons with disabilities,

2. the acquisition and adaptation of auxiliary technological equipment used by employees who are disabled,

3. acquisition of communication and guidance equipment,

4. adaptation of hygienic, thermal, light or noise conditions to persons with disabilities; or

5. construction or extension of operations necessary for the employment of disabled persons, including computer equipment costs.

(2) For the purposes of paragraph 1 (b), a staff member whose employment is subject to an allowance under Paragraph 78 of the Act or an employee whose wage costs are paid under Paragraph 3 (1) (a) shall not be regarded as an operational staff member and a work assistant.

(3) Where value added tax is part of the costs referred to in paragraph 1 and the employer is not the payer of that tax, the value added tax shall be considered as the operating cost of the job protected.

§ 9

Types of operating costs of a protected job of a self-employed person

(1) The operating costs of the sheltered post of a self-employed person to whom a contribution may be granted under Section 76 of the Act shall be regarded as:

(a) increased administrative costs of 7% of the average monthly national economy wage for the first to third quarters of the preceding calendar year, which are the costs of:

1. rent for areas of work, storage or handling, relating to the pursuit of self-employment, excluding rent for premises intended for housing,

2. compulsory revisions of establishments without which a disabled person could not pursue a self-employed activity;

3. compulsory revision of an object used for self-employment, if the object is owned by a person with disabilities and is not intended for housing;

4. services associated with the use of the building, in particular the revision of chimneys, lightning ducts, electrical installations, the price of which is included in the rent, except for services for residential premises;

5. energy and fuel related to self-employment; or

6. water and bilge related to the pursuit of self-employment;

(b) transport costs, in particular materials and finished products;

(c) the costs of adapting the establishment to carry out the self-employment activity, in particular the costs of:

1. acquisition and verification of computer software,

2. adaptation and acquisition of auxiliary technological equipment,

3. adaptation of hygienic, thermal, light or noise conditions; or

4. construction or extension of operations, including costs of computer equipment.

(2) Where the value added tax is part of the costs referred to in paragraph 1 and the self-employed is not the payer of that tax, the value added tax shall be regarded as the operating cost of the sheltered post of the self-employed person. ';

11. In Section 10, the first sentence is replaced by the sentence "The contribution provided for in Section 76 of the Act is granted on a quarterly basis or in another agreed period (10)."

12. The heading of Part Three reads:

"CONTRIBUTION TO THE SUPPORT FOR EMPLOYMENT OF HEALTH SERVICE PERSONS

(K § 78 (12) of the Act) '.

13. The title of Section 11 reads:

"Calculation of the average quarterly recalculated number of employees and employees who are disabled persons'.

14. footnote 8 reads:

"8) § 79 of the Labour Code, as amended by Act No. 362 / 2007 Coll. '.

15. in Article 12, the words "more severe disability" are replaced by the words "more severe disability 9)."

16. After Paragraph 14, the following Section 14a is inserted:

„§ 14a

Types of additional costs by which the contribution to support the employment of disabled persons can be increased

(1) The additional costs by which the contribution can be increased under Paragraph 78 (3) of the Act are considered to be:

(a) increased administrative costs of 4% of the average monthly national economy wage for the first to third quarters of the preceding calendar year, which are the costs of: