Government Regulation No. 417 / 2010 Coll.

Government regulation on compensation for loss of earnings after the cessation of incapacity for work or occupational diseases, on compensation for loss of earnings after the cessation of incapacity for work or incapacity, and on compensation for maintenance costs of survivors (compensation adjustment)

Valid Regulation Effective from 29.12.2010
Text versions: 29.12.2010
417
GOVERNMENT REGULATION
of 14 December 2010
on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases, the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity, and the adjustment of compensation for the cost of maintenance of survivors (adjustment of compensation)
The Government prescribes pursuant to § 390 (2) of Act No. 262 / 2006 Coll., the Labour Code, as amended by Act No. 362 / 2007 Coll., and pursuant to § 447 (4) of Act No. 40 / 1964 Coll., Civil Code, as amended by Act No. 131 / 1982 Coll., Act No. 160 / 2006 Coll. and Act No. 264 / 2006 Coll.:

ČÁST PRVNÍ

ADJUSTMENT OF REFUNDS FOR LOSSES ON GROUNDS AFTER COMPLIANCE WITH WORKING INSTALLATION OR NON-ALLOWANCE WITH THE PERIOD AND ADJUSTMENT OF REPLACES OF COSTS RESIDENCE PURSUANT TO WORK LEGISLATION
§ 1
The compensation for the loss of earnings following the cessation of incapacity for work caused by accidents at work or occupational diseases (hereinafter referred to as "compensation for loss of earnings') and the reimbursement of the maintenance costs of survivors due to workers or survivors under the Labour Code, or in accordance with previous legislation1) shall be adjusted by increasing by 3,9% the average profit for the calculation of compensation for loss of earnings and, where appropriate, increased by the provisions of labour law (2), and for the calculation of the reimbursement of the cost of maintenance of survivors, and possibly increased by labour legislation.
§ 2
(1) In the event of entitlement to compensation for loss of earnings and reimbursement of maintenance costs of survivors after 31 December 2010, the average profit for calculating the compensation for loss of earnings and reimbursement of maintenance costs of survivors shall not be increased in accordance with Article 1.
(2) The adjustment provided for in Article 1 shall be made without the request of the staff member or survivors; at the request of the staff member, where the compensation for loss of earnings is not due only to an increase in the invalidity pension under social security legislation or pension insurance.
(3) The adjustment provided for in Article 1 shall be made at the request of the staff member even if the compensation for the loss of earnings was not in his favour because it did not allow for the provision of § 195 (2) of Act No. 65 / 1965 Coll., Labour Code, effective before 1 June 1994.

ČÁST DRUHÁ

ADJUSTMENT OF REFUNDS FOR LOSS ON THE GROUND AFTER THE COMPLIANCE OF WORKING INSUFFICIENCY OR INVALIDITY AND ADJUSTMENT OF THE COST OF COSTS RESIDENCE BY CIVIL LEGISLATION
§ 3
The compensation for the loss of earnings after incapacity for work or invalidity (3) (hereinafter referred to as "compensation ') and the reimbursement of the maintenance costs of survivors shall be adjusted by increasing by 3,9% the average profit due for the calculation of compensation, possibly increased under previous legislation4), and for the calculation of the reimbursement of the maintenance costs of survivors and possibly increased under civil law. No adjustment shall be made to the refund in accordance with the first sentence where entitlement to the refund has been established and the cost of nutrition for survivors after 31 December 2010.

ČÁST TŘETÍ

COMMON PROVISIONS
§ 4
Article 2 In Act No. 160 / 1993 Coll., amending and supplementing the Act of the Czech National Council No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by the Act of the Czech National Council No. 10 / 1993 Coll., and some other laws.
§ 5
The compensation for loss of earnings, the reimbursement and the reimbursement of the maintenance costs of the survivors, as provided for in this Regulation, shall be due from 1 January 2011.
§ 6
This Regulation shall enter into force on the day of its publication.
Prime Minister:
RNDr. Netime v. r.
Minister for Labour and Social Affairs:
Dr Ing. Drábek v. r.
Minister of Justice:
JUDr. Pospíšil v. r.
1) § 193, 195, 197 and 199 of Act No. 65 / 1965 Coll., Labour Code. § 369, 371, 375 and 377 of Act No. 262 / 2006 Coll., Labour Code. Section 112 of Act No. 99 / 1948 Coll., on National Insurance. Section 6 of Act No. 58 / 1956 Coll., on compensation for accidents at work and reimbursement of medical care costs and sickness and pension benefits. Section 7 and 31 of Act No. 150 / 1961 Coll., on Reimbursements for accidents at work and occupational diseases. Section 8 of Act No. 30 / 1965 Coll., on Compensation for accidents at work and occupational diseases.
2) Decree No. 138 / 1976 Coll., on the treatment of certain compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Government Decree No. 60 / 1982 Coll., on the treatment of certain compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Act No. 297 / 1991 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Decree of the Government No. 191 / 1993 Coll., adjusting compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Government Decree No 263 / 1994 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Government Decree No 291 / 1995 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases. Government Decree No 298 / 1996 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings). Government Decree No. 318 / 1997 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment for loss of earnings). Government Decree No. 320 / 1998 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or disability (on the adjustment of compensation for loss of earnings). Decree of the Government No. 283 / 1999 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings). Government Decree No. 18 / 2001 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings). Government Decree No. 464 / 2001 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings). Government Decree No. 60 / 2003 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings). Government Decree No. 482 / 2003 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings). Government Decree No. 67 / 2005 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases, on the adjustment of compensation for the maintenance costs of survivors and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or disability (compensation adjustment). Government Decree No. 534 / 2005 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases, on the adjustment of compensation for the maintenance of survivors and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or incapacity (compensation adjustment). Government Decree No. 557 / 2006 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases, on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or incapacity and on the adjustment of compensation for the maintenance of survivors (compensation adjustment). Government Decree No 366 / 2007 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases, on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity, and on the adjustment of compensation for the maintenance of survivors (compensation adjustment). Government Decree No. 447 / 2008 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases, on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or incapacity and on the adjustment of compensation for the maintenance costs of survivors (compensation adjustment).
3) Articles 445 and 447 (1) and (2) of the Civil Code.
4) Government Decree No. 128 / 1992 Coll., on the adjustment of compensation for loss of earnings after cessation of incapacity for work or invalidity. Decree of the Government No. 50 / 1994 Coll., on the adjustment of compensation for loss of earnings after cessation of incapacity for work or incapacity. Government Decree No. 317 / 1995 Coll., on the adjustment of compensation for loss of earnings after cessation of incapacity for employment or invalidity. Government Decree No. 298 / 1996 Coll. Government Decree No. 318 / 1997 Coll. Government Decree No. 320 / 1998 Coll. Decree No. 283 / 1999 Coll. Government Decree No. 18 / 2001 Coll. Government Decree No. 464 / 2001 Coll. Government Decree No. 60 / 2003 Coll. Government Decree No. 482 / 2003 Coll. Government Decree No. 67 / 2005 Coll. Government Decree No. 534 / 2005 Coll. Government Decree No. 557 / 2006 Coll. Government Decree No. 366 / 2007 Coll. Government Decree No. 447 / 2008 Coll.

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Regulation Information

CitationGovernment Decree No. 417 / 2010 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases, on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or incapacity and on the adjustment of compensation for the maintenance of survivors (adjustment of compensation)
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation29.12.2010
Effective from29.12.2010
Effective until-
Status Valid
The regulation text is for informational purposes only.
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