What is Act No. 436 / 2004 Coll.?

Act No. 436 / 2004 Coll., amending certain laws in connection with the adoption of the Employment Act — Law amending certain laws in connection with the adoption of the Employment Act.

When it became Act No. 436 / 2004 Coll. effectiveness?

Act No. 436 / 2004 Coll. became effective 01.10.2004.

Is Act No. 436 / 2004 Coll. still valid?

Yes, Act No. 436 / 2004 Coll. is still valid and effective.

How many times was it Act No. 436 / 2004 Coll. amended?

Act No. 436 / 2004 Coll. has 14 time versions of the text.

Act No. 436 / 2004 Coll.

Law amending certain laws in connection with the adoption of the Employment Act

Valid Law Effective from 01.10.2004

Text versions: 01.07.2022 01.07.2017 06.11.2014 01.04.2012 01.01.2012 All versions (13)

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436

THE LAW

of 24 June 2004

amending certain laws in connection with the adoption of the Employment Act

Parliament has decided on this law of the Czech Republic:

ČÁST DRUHÁ

Amendment of the Civil Code

Čl. II

In Article 299 (1) of Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 519 / 1991 Coll. and Act No. 30 / 2000 Coll., the words "material security of the applicant for employment 'are replaced by the words" unemployment and retraining aid'.

ČÁST ŠESTÁ

Amendment of the Education Equipment Act

Čl. VII

In Article 31b (1) of Act No. 76 / 1978 Coll., on school establishments, as amended by Act No. 390 / 1991 Coll., the words "citizens with altered working capacity 'are replaced by the words" persons with disabled m2'.

footnote 2 is replaced by the following:

"2) § 67 of Act No. 435 / 2004 Coll., on Employment."

ČÁST SEDMÁ

Amendment of the Education Act

Čl. VIII

In Article 9 (4) of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 171 / 1990 Coll. and Act No. 138 / 1995 Coll., the words "with altered working capacity 'are replaced by the words" with disabilities. 1a)'.

Footnote (1a):

"(1a) § 67 of Act No. 435 / 2004 Coll., on Employment. '

ČÁST DVANÁCTÁ

Amendment of the Federal State Budget Act 1992 and amendment of tax and certain other laws

Čl. XIII

In Act No. 578 / 1991 Coll., on the State Budget of the Federation for 1992 and on the amendment of tax and certain other laws, as amended by Act No. 586 / 1992 Coll., Act No. 39 / 1994 Coll. and Act No. 117 / 1995 Coll., Part 10 is deleted.

ČÁST TŘINÁCTÁ

Amendment of the Act on the organisation and implementation of social security

Čl. XIV

Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 590 / 1992 Coll., Act No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 308 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 134 / 1997 Coll., Act No. 220 / 2000 Coll., Act No. 238 / 2000 Coll., Act No. 72 / 1999 Coll., Act No. 133 / 1999 Coll., Act No. 155 / 2000 Coll., Act No. 60 / 1999 Coll., Act No. 18 / 2000 Coll.

1. In Article 1, the words "the Czech Social Security Administration, the District Social Security Administrations and" shall be inserted after the words "the scope."

2. Paragraph 3 (1) reads as follows:

"(1) Social security is carried out by social security authorities and organisations."

3. the following Section 3a is inserted after Section 3, including footnotes 4a and 4b:

„§ 3a

(1) The Czech Social Security and Regional Social Security Administration are the organisational components of the State. The Czech Social Security Administration is an entity. For the purposes of the management of state property, including state budget funds, accounting and employment relations, the regional social security authorities have the status of internal organisational units of the Czech Social Security Administration.

(2) The labour relations of employees in the Czech Social Security Administration and in the regional social security administrations are governed by the Labour Code.

(3) The head of the Czech Social Security Administration is the Director, appointed and recalled by the Minister of Labour and Social Affairs. The Director of the District Social Security Administrations is appointed and withdrawn by the Director of the Czech Social Security Administration.

(4) A more detailed regulation of the internal organisation of the Czech Social Security Administration and the District Social Security Administrations provides for a statute to be issued by the Director of the Czech Social Security Administration with the agreement of the Minister of Labour and Social Affairs.

(5) Where specific legislation (4b) generally imposes obligations or imposes authorisations to administrative or public administrations, these obligations and those rights also apply to the Czech Social Security Administration and Regional Social Security Administration.

(4a) Paragraph 27 (4) of the Labour Code.

4b) For example, § 274 (f) of the Civil Code, § 9d of Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended, § 33 (1) of Act No. 120 / 2001 Coll., on judicial enforcement and enforcement activities (Enforcement Order) and amending other laws. '

4. In Article 6 (1), the second sentence is deleted.

5. in Article 6 (4) (a) (19), the words "the altered working capacity and the altered working capacity with a harder disability, or, where appropriate, that a citizen is not considered to be a changed working capacity," shall be replaced by the words "the disability, 52a) or that a citizen is not considered to be a disabled person;"

footnote 52a is replaced by the following:

"52a) § 67 of Act No. 435 / 2004 Coll., on Employment. '.

6. in Article 6 (4) (g), point 3 shall be deleted;

Points 4 and 5 shall become points 3 and 4.

7. in Paragraph 7 (b), "(g) No 1, 3, 4 and 5" is replaced by "(g) No 1, 3 and 4";

8. in Article 8 (1) (g):

"(g) whether he is a disabled person, 52a) ';

9. In Paragraph 11 (3), the words "material security of the applicant for employment 'are replaced by" unemployment and retraining aid'.

10. in Article 12 (d):

"(d) a citizen who is recognised as having a disability, 52a) and a citizen who requests recognition as a disabled person in order to undergo a medical examination and, where appropriate, another professional examination;"

11. in Article 14 (3), the words "and an overview of employers employing more than 25 employees" shall be added at the end of the text of point (d).

12. in Paragraph 18 (1), point (l) is deleted;

Points (m) to (t) shall be renumbered as points (l) to (s).

13. in Paragraph 36 (r), including footnote 54a,

"(r) persons with disabilities in theoretical and practical training for employment or other gainful activities 54a) the organisation or educational establishment in which the training is carried out;

54a) Act No. 435 / 2004 Coll. '.

14. In Paragraph 37 (6), the words "material security and the period for which such material security did not belong 'are replaced by" unemployment or retraining aid and the period for which such unemployment or retraining aid did not belong'.

15. in Paragraph 53 (2), the words "a citizen with a changed working capacity, or a citizen who requests recognition of a changed working capacity," shall be replaced by "a citizen who is recognised as a disabled person, or a citizen who requests recognition as a disabled person,"

16. in Paragraph 61 (1), point (d) is deleted;

Point (e) shall be renumbered as point (d).

17. in § 83a, the words "altered workability" are replaced by the words "disabled person 52a";

ČÁST PATNÁCTÁ

Amendment of the Act on the Treatment of Property Relations and Settlement of Property Rights in Cooperatives

Čl. XVI

In Article 19 (2) of Act No. 42 / 1992 Coll., on the treatment of property relationships and the settlement of property rights in cooperatives, the words "with altered working capacity 'are replaced by the words" with disability 12a)'.

Footnote 12a:

"12a) § 67 of Act No. 435 / 2004 Coll., on Employment. '.

ČÁST ŠESTNÁCTÁ

Amendment of the Act on the service relationship of members of the Czech Police

Čl. XVII

Act No. 186 / 1992 Coll., on the service relationship of members of the Police of the Czech Republic, as amended by Act No. 590 / 1992 Coll., Act No. 26 / 1993 Coll., Act No. 326 / 1993 Coll., Act No. 40 / 1994 Coll., Act No. 33 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 111 / 1998 Coll., Act No. 155 / 2000 Coll., Act No. 460 / 2000 Coll., Act No. 265 / 2001 Coll., and Act No. 309 / 2002 Coll., is amended as follows:

1. In Article 113 (3), the words "material security of jobseekers' are replaced by" unemployment and retraining aid '.

2. footnote 11 shall read:

"11) Act No. 435 / 2004 Coll., on Employment. '.

3. In Paragraph 115 (2), the words "material security of jobseekers' shall be replaced by" unemployment or retraining aid (11) ';

ČÁST SEDMNÁCTÁ

Amendment to the Labour Code and Employment Act

Čl. XVIII

In Act No 231 / 1992 Coll., amending and supplementing the Labour Code and the Employment Act, Article II is deleted.

ČÁST DEVATENÁCTÁ

Amendment of the Administrative Charges Act

Čl. XX

Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100.

1. In item 22, points (i) to (n) read:

"(i) Submission of an employer's application for permission to obtain foreign nationals CZK 2 000, -

j) Submission of an application to a stranger for a permit to work CZK 500, -

k) Submission of an application to a stranger for renewal of employment permit CZK 250, -

l) Submission of an application for authorisation to arrange employment for foreigners in the Czech Republic CZK 10 000, -

m) Submission of an application for permission to arrange employment abroad CZK 10 000, -

n) Submission of an application for authorisation to arrange employment in the Czech Republic CZK 1000, - "

2. In footnote 22, point 6, including footnote 4a, the following text is added:

'6. For the purposes of the operations referred to in points (j), (k) and (l) of this heading, a stranger is a person who needs a permit to work in the Czech Republic under special legislation. (4a)

4a) Act No. 435 / 2004 Coll., on Employment. '.

3. In note 22, point 7 is deleted.

ČÁST DVACÁTÁ

Amendment of the Income Tax Act

Čl. XXI

Act No. 2001 / 2001, Act No. 2000 / 2001, Act No. 2000 / 2001, Act No. 2000 / 2001, Act No. 2001 / 2001, Act No. 2001 / 2001, Act No. 2001 / 2001, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2004, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000 Coll.

1. in Article 24 (2), point (m), including footnote 80, shall read:

"(zm) contribution to the state budget for the purpose of carrying out the compulsory share of employment of persons with disabilities under special legislation, 80)

80) § 81 of Act No. 435 / 2004 Coll., on Employment. '.

2. in Article 35 (1) (a), the words "with altered works33)" shall be replaced by the words "with disabilities, with the exception of a staff member with a more severe disability (33)."

Footnote 33) reads as follows:

"33) § 67 of Act No. 435 / 2004 Coll. '.

3. In Article 35 (1) (b), the words "with altered working capacity 'are deleted.

4. In Paragraph 35 (1) (c), the words "at least 20 staff members whose share of staff with reduced working capacity and of staff with reduced working capacity with disabilities' are replaced by the words" at least 25 staff members whose share of staff with disabled persons is 33) ';

5. In Paragraph 35 (2), the words "with altered working capacity and staff with improved working capacity with a harder disability 'are replaced by the words" with disabilities, 33).

6. In Paragraph 35 (4), the words "staff with altered skills' are replaced by the words" staff with disabilities, 33). "

7. In Paragraph 39 (c), the words "at least 20 employees whose proportion of workers with altered workability 'are replaced by the words" at least 25 employees whose share of employees who are disabled (33)';

ČÁST DVACÁTÁ PRVNÍ

Amendment of the Social Security Insurance Act and contribution to the State Employment Policy

Čl. XXII

In Article 3 (1) (c) of Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 160 / 1995 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 309 / 2002 Coll., Act No. 362 / 2003 Coll., Act No. 424 / 2003 Coll. and Act No. 359 / 2004 Coll., paragraph 12 is deleted and paragraphs 13 and 14 are renumbered to paragraphs 12 and 13.

ČÁST DVACÁTÁ DRUHÁ

Amendment of the Act amending and supplementing Act No. 482 / 1991 Coll., on Social Needs, and certain follow-up laws

Čl. XXIII

In Act No. 84 / 1993 Coll., amending and supplementing Act No. 482 / 1991 Coll., on social needs, and certain subsequent laws, as amended by Act No. 117 / 1995 Coll., Article III is deleted.

ČÁST DVACÁTÁ TŘETÍ

Amendment of the Act 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, Act No. 100 / 1988 Coll., on Social Security, as amended, and certain other laws

Čl. XXIV

In Act No. 307 / 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, Act No. 100 / 1988 Coll., on Social Security, as amended, and certain other laws, as amended by Act No. 360 / 1999 Coll., Article V is deleted.

ČÁST DVACÁTÁ ČTVRTÁ

Amendment to the Act amending and supplementing Labour Code No. 65 / 1965 Coll., as amended, and some other laws

Čl. XXV

In Act No. 74 / 1994 Coll., amending and supplementing the Labour Code No. 65 / 1965 Coll., as amended, and certain other laws, as amended, as amended by the Constitutional Court found published under No. 164 / 1995 Coll. and Act No. 220 / 1995 Coll., Article IV is hereby repealed.

ČÁST DVACÁTÁ PÁTÁ

Amendment to the Security Information Service Act

Čl. XXVI

1. in Article 46 (3) of Act No. 154 / 1994 Coll., on the Security Information Service, the words "material security of jobseekers" are replaced by the words "unemployment and retraining aid."

2. footnote 14 shall read:

"14) Act No. 435 / 2004 Coll., on Employment. '.

ČÁST DVACÁTÁ ŠESTÁ

Amendment of the State Social Support Act

Čl. XXVII

Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll., Act No. 132 / 1997 Coll., Act No. 242 / 1997 Coll., Act No. 91 / 1998 Coll., Act No. 158 / 1998 Coll., Act No. 360 / 1999 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 237 / 2004 Coll., Act No. 362 / 2003 Coll., Act No. 151 / 2002 Coll., Act No. 438 / 2003 Coll., Act No. 320 / 2002 Coll., Act No. 125 / 2003 Coll., Act No. 362 / 2003 Coll.

1. in Article 5 (1) (d), including footnote 4,

"(d) unemployment and retraining aid, 4)

4) Act No. 435 / 2004 Coll., on Employment. '.

2. In Paragraph 11 (2), the words "on the material security of jobseekers, except where the physical security of jobseekers does not belong to them for the reasons set out in § 14 (1) (d) to (f) of Act No. 1 / 1991 Coll., on employment, as amended by Act No. 578 / 1991 Coll. 'are replaced by the words" on unemployment or retraining aid'.

3. in Article 12 (1) (a) (2), the words "for the physical security of jobseekers," shall be replaced by "for unemployment or retraining aid,"

4. Article 12 (1) (b), including footnote 38a, reads:

"(b) theoretical and practical preparation for employment or other gainful activities for persons with disabilities, 38a)

38a) § 67 of Act No. 435 / 2004 Coll. '

5. In Article 12 (2), part of the sentence behind the semicolon reads: "theoretical and practical preparation for employment or other gainful activities for persons with disabilities shall mean preparation carried out under specific legislation."

footnote 41 is deleted.

6. In Paragraph 13 (3) (b), the words "entitlement to physical security for jobseekers' shall be replaced by" entitlement to unemployment benefit or retraining aid, 4) ';

7. In Paragraph 13 (3) (c), the words "entitlement to physical security for jobseekers' shall be replaced by" entitlement to unemployment benefit or retraining aid '.

8. In Article 14 (2) (b), the words "entitlement to physical security for jobseekers' shall be replaced by" entitlement to unemployment benefit or retraining aid, "

9. In Article 16 (2), the words "entitlement to physical security for jobseekers' shall be replaced by" entitlement to unemployment benefit or retraining aid. "

10. In Paragraph 63 (6), the words "the Regional Office and the competent municipal authority of the municipality with extended scope 'are replaced by the words" and the authorities of State social aid'.

ČÁST DVACÁTÁ SEDMÁ

Amendment of Act No. 118 / 1995 Coll., amending and supplementing certain laws in connection with the adoption of the Act on State Social Support

Čl. XXVIII

In Act No. 118 / 1995 Coll., amending and supplementing certain laws in connection with the adoption of the Act on State Social Support, as amended by Act No. 223 / 1999 Coll., Act No. 360 / 1999 Coll. and Act No. 362 / 2003 Coll., Article XXV is deleted.

ČÁST DVACÁTÁ OSMÁ

Amendment to the Pension Insurance Act

Čl. XXIX

Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., Act No. 289 / 1997 Coll., Act No. 224 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 116 / 2001 Coll., Act No. 188 / 2001 Coll., Act No. 353 / 2001 Coll., Act No. 198 / 2002 Coll., Act No. 85 / 2004 Coll., Act No. 261 / 2002 Coll., Act No. 362 / 2003 Coll.

1. in Paragraph 5 (1) (n), including footnote 28, the following shall be added:

"(n) persons registered in the employment office as jobseekers for the period during which they are entitled to unemployment benefit or retraining aid, 28) and, for a maximum of three years, also for the period during which such unemployment benefit or retraining aid does not belong, that period of three years shall be determined retrospectively from the date on which the pension entitlement is acquired and shall not include the period of participation in insurance referred to in Article 6 (1) (a);

28) Act No. 435 / 2004 Coll., on Employment. '.

2. in Article 5 (1) (o):

"(o) persons with disabilities covered by theoretical and practical training for employment or other gainful activities,";

3. in Article 6 (1) (a), the words "material security for jobseekers," shall be replaced by "unemployment benefit or retraining aid,"

4. in Article 16 (4) (h):

"(h) theoretical and practical training for employment or other gainful activities of a person with disabilities, 28) '.

5. In Article 20 (4), the words "for the physical security of jobseekers," shall be replaced by the words "for unemployment or retraining aid." and the words "except where the physical security of jobseekers does not belong to him for the reasons set out in § 14 (1) (d) to (f) of Act No. 1 / 1991 Coll., on employment, as amended by Act No. 578 / 1991 Coll." shall be deleted;

6. In Paragraph 20 (5) (b), the words "material security of jobseekers." shall be replaced by "unemployment benefit or retraining aid."

7. in Paragraph 21 (1) (a), the words "material security of jobseekers," shall be replaced by the words "unemployment or retraining aid,"

8. in Article 21 (1) (b):

"(b) theoretical and practical preparation for employment or other gainful activities of persons with disabilities. 28)."

9. In Article 21 (2), part of the sentence behind the semicolon reads: "theoretical and practical preparation for employment or other gainful activities of persons with disabilities carried out under specific legislation. 28)."

footnote 32 is deleted.

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Regulation Information

Citation	Act No. 436 / 2004 Coll., amending certain laws in connection with the adoption of the Employment Act
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	23.07.2004
Effective from	01.10.2004
Effective until	-
Status	Valid

Legal Areas: Taxes Social security benefits Finance Wages, salaries, wages, compensation Civil law Civil law of procedure Fees Labour relations Employment. Service relationship Labour law Social security law Budget Education, Education, Education Social Services, Social Assistance Social security management Administrative offences Administrative law State (official) control Constitutional (state) law Diseases, Sickness benefits Unemployment security Fundamental human rights Health Minimum of life, Emergency

The regulation text is for informational purposes only.