Act No. 469 / 2024 Coll.

Law amending certain laws in connection with the adoption of the Act on Integration Social Enterprise

Valid Law Effective from 01.01.2025
469
THE LAW
of 18 December 2024
amending certain laws in connection with the adoption of the Integration Social Enterprise Act
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Employment Act
Čl. I
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 100, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 100 / 2011, Act No. 100, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011 / 2011, No. 2011, Act No. 2011 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. No.
1. in Article 30 (2) (c) and in Article 119a (2), "33 (2)" is replaced by "33b."
2.
„§ 33
Increased care in employment mediation
(1) In the course of the employment mediation, he shall take care of those jobseekers who need him for their health, age, childcare or other serious reasons. The Regional Branch of the Labour Office shall approach job seekers on an individual basis, assessing in a comprehensive manner their capacities and possibilities of application in the labour market, in particular in relation to their qualifications, their duration of employment, skills, motivation and results resulting from the advice provided.
(2) Increased care is given to individuals who need it because of their specific needs and the situation in which they are located, taking into account the degree of their profiling in the labour market. A person with specific needs shall be assigned to a degree of profiling by the Regional Branch of the Labour Office. '.
3. The following Sections 33a and 33b are inserted after Section 33:
„§ 33a
(1) A person with specific needs who is included in the first stage of profiling of persons on the labour market is a natural person who is:
(a) a person who takes care of a child under 10 years of age, of whom he is a parent, or who is under the care of the parent by decision of the competent authority; a decision pursuant to Article 7 (10) of the Act on State Social Aid shall be deemed to be a decision of the competent authority;
(b) a person personally caring for a natural person who, under the Social Services Act, is considered to be dependent on the assistance of another natural person in stage II (moderate dependence), in stage III (severe dependence) or in stage IV (total dependency), if he or she is permanently living and jointly covering the costs of his or her needs; these conditions are not required if they are a person who is considered close for the purposes of pension insurance,
(c) by a person who has not achieved any of the grades of secondary education,
(d) a person who has attained at least 55 years of age;
(e) by a person up to 2 years after the completion of the continuous preparation for the future occupation [Paragraph 5 (d)];
(f) kept in the register of applicants for employment continuously for more than 5 months;
(g) a person under the age of 26 who is kept in the register of jobseekers for a continuous period of more than 3 months; or
(h) the person who has been granted asylum or supplementary protection.
(2) A person with specific needs who is included in the second stage of the profile of persons on the labour market is a natural person,
(a) which is a person with disabilities pursuant to Paragraph 67;
(b) which is kept in the register of jobseekers for 24 months at all times;
(c) which has been kept in the register of applicants for employment for at least 12 months in the last 24 months and which at the same time:
1. care for a child under 10 years of age, of whom he is a parent, or who is under the care of the parent by decision of the competent authority; a decision pursuant to Article 7 (10) of the Act on State Social Aid shall be deemed to be a decision of the competent authority;
2. personally care for a natural person who, under a specific legislation, is considered to be dependent on the assistance of another natural person in stage II (moderate dependence), in stage III (severe dependence) or in stage IV (total dependence), if he or she is permanently living and jointly covering the costs of his or her needs; these conditions are not required if they are a person who is considered close for the purposes of pension insurance,
3. has reached at least 55 years,
4. is less than 26 years old,
5. is a person who has not achieved any of the grades of secondary education; or
6. is the person against whom the execution of the decision or execution of the execution is conducted;
(d) which has received a living allowance for more than 3 months under the Law on aid in material distress;
(e) which has been provided a social prevention service in the last 12 months under the Social Services Act;
(f) who is a person without shelter,
(g) who is a person who is a security detention after the sentence of imprisonment has been terminated or released from the exercise of a protective measure; or
(h) who is a person who, after the completion of the prescribed constitutional education or imposed protective education in a diagnostic institution, children's home, children's home with a school, educational institution or after the completion of the provision of services in a boarding school centre under the Act on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments.
§ 33b
Individual action plan
(1) An individual action plan is used to increase the possibility of applying a job seeker to the labour market. The individual action plan shall be drawn up by the Regional Branch of the Labour Office for the cooperation of the jobseeker. In particular, the content of the individual action plan is to establish the procedure and timetable for the implementation of the individual measures to increase the possibility of applying a job seeker to the labour market. In determining the content of the individual action plan, it shall be based, in particular, on the formal qualifications, health status, opportunities and competences of the candidate for employment.
(2) The applicant may request that an individual action plan be drawn up at any time during the course of the management of the employment record. The individual action plan shall be drawn up by the Regional Branch of the Office of Labour whenever the jobseeker is kept in the employment register continuously for longer than
(a) 3 months if he is a person with specific needs in the second stage of profiling or a person with specific needs in accordance with § 33a (1) (g);
(b) 5 months if he is a person with specific needs classified in the first stage of profiling, with the exception of those referred to in Article 33a (1) (f) and (g); or
(c) 12 months.
(3) The Regional Branch of the Labour Office will evaluate and update the individual action plan no later than 6 months after its preparation.
(4) The applicant for employment is obliged to provide synergies to the Regional Branch of the Labour Office in drawing up, updating and evaluating the individual action plan, within the deadlines set by the Regional Office of the Labour Office, and to fulfil the conditions set out therein.
(5) In particular, measures to increase the possibility of a job seeker being employed in the labour market shall mean the participation of a job seeker, with the agreement of the Regional Branch of the Labour Office, in the instruments and measures of an active employment policy, in third-party programmes and projects leading to an improvement in the position of a job seeker in the labour market, in continuing training activities and, where appropriate, the use of social services which may contribute to improving the position of job seeker in the labour market.
(6) In drawing up, evaluating and updating the individual action plan, the Regional Branch of the Labour Office may cooperate with other persons involved in increasing the possibility of applying a job candidate to the labour market. '
4. Paragraph 81 (2) reads as follows:
"(2) The obligation referred to in paragraph 1 shall be fulfilled by the employers:
(a) employment in employment;
(b) the taking of goods or services from employers with whom the Labour Office has concluded an agreement on the recognition of an employer pursuant to Paragraph 78, or the award of contracts to such employers or the removal of goods or services from persons with disabilities who are self-employed and do not employ any employees, or the award of contracts to such persons or the withdrawal of goods or services from integration social enterprises under the Integration Social Enterprise Act which employs workers with disabilities in employment, or the award of contracts to such undertakings;
(c) a contribution to the State budget; or
(d) by a combination of the methods referred to in (a) to (c). "
5. Paragraph 81 (3) reads:
"(3) Employers, self-employed and integrated social enterprises as referred to in paragraph 2 (a) (ii) shall: (b) may, for the purposes of fulfilling the obligation referred to in paragraph 1, provide their goods and services or meet the contracts awarded only up to 14 times the average national economy wage for the first to third quarters of the preceding calendar year for each staff member with disabilities employed in the previous calendar year (hereinafter referred to as" the limit "), provided that, not later than 30 calendar days after payment of the performance provided, he places in the register kept by the Ministry in accordance with paragraph 84."

ČÁST DRUHÁ

Amendment of the Social Services Act
Čl. II
In Section 1 of Act No. 108 / 2006 Coll., on Social Services, as amended by Act No. 375 / 2011 Coll., in paragraph 2, the words "and in asylum facilities' are replaced by the words" in asylum facilities and in an integration social enterprise '.

ČÁST TŘETÍ

Amendment of the Act on the Labour Office of the Czech Republic
Čl. III
In Article 4 (1) of Act No. 73 / 2011 Coll., on the Labour Office of the Czech Republic and on the amendment of related laws, as amended by Act No. 366 / 2011 Coll., Act No. 401 / 2012 Coll., Act No. 254 / 2014 Coll. and Act No. 588 / 2020 Coll., the words "the Act on Integration Social Enterprise 18 'are inserted after the words" the Act on Employment (3),'.
Footnote 18 reads:
"18) Act No. 468 / 2024 Coll., on the Integration Social Enterprise. '.

ČÁST ČTVRTÁ

Amendment to the Public Procurement Act
Čl. IV
Act No. 134 / 2016 Coll., on Public Procurement, as amended by Act No. 368 / 2016 Coll., Act No. 147 / 2017 Coll., Act No. 183 / 2017 Coll., Act No. 287 / 2018 Coll., Act No. 277 / 2019 Coll., Act No. 417 / 2021 Coll.
1. In Article 30, at the end of point (o), the word "or 'is deleted.
2. In Article 30, at the end of point (p), the dot is replaced by "or 'and the following point (q) is added:
"(q) for supplies or services awarded to suppliers with the status of an integrated social enterprise.";
3. Paragraph 38, including the title, reads:
„§ 38
Reserved contracts
(1) Where the contracting authority so provides in the contract notice or in the invitation to tender in a simplified sub-restricted procedure, only a supplier with the status of an integrated social undertaking or a supplier who is an employer in a protected labour market may participate in the procurement procedure.
(2) Compliance with the reservation conditions referred to in paragraph 1 shall be demonstrated by the supplier in relation to the Czech Republic by submitting:
(a) a reference to the registration of the supplier in the Register of Integration Social Undertakings; or
b) Confirmation by the Czech Labour Office that he is an employer in a protected labour market.
(3) The procurement procedure in which the contracting authority has made a reservation in accordance with paragraph 1 may also be attended by a supplier having its registered office or domicile abroad who submits an extract from the foreign register of similar social integration registers; If there is no such registration, Paragraph 81 shall apply mutatis mutandis.
(4) Compliance with the conditions referred to in paragraph 1 shall not be demonstrated by other persons. When participating in a procurement procedure together, each tenderer shall demonstrate that the conditions laid down in paragraph 1 are met separately. Paragraph 88 shall apply mutatis mutandis. '
5. After Paragraph 193, the following Section 193a is inserted:
„§ 193a
Specific provisions on reserved procurement
(1) In the field of defence or security, in accordance with Paragraph 38 (1), participation may be reserved only for suppliers who employ more than 50% of their employees who are persons with specific needs under Section 3 (b) of the Integration Social Enterprise Act; Paragraph 38 (2) and (3) shall not apply.
(2) Compliance with the conditions referred to in paragraph 1 shall not be demonstrated by other persons. When participating in a procurement procedure together, each tenderer shall demonstrate that the conditions laid down in paragraph 1 are met separately. Paragraphs 81 and 88 shall apply mutatis mutandis. '
Čl. V
Transitional provision
The procurement procedures initiated before the date of entry into force of this Act shall be completed in accordance with Act No. 134 / 2016 Coll., as effective before the date of entry into force of this Act.

ČÁST PÁTÁ

EFFECTIVE
Čl. VI
This Act shall take effect on 1 January 2025, with the exception of Article IV (4), which shall take effect on 1 January 2027.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.

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Regulation Information

CitationAct No. 469 / 2024 Coll., amending certain laws in connection with the adoption of the Act on Integration Social Enterprise
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation27.12.2024
Effective from01.01.2025
Effective until-
Status Valid
Parliamentary Paper: Paper No. 662

Public Contracts 1

Source: Hlídač státu (CC BY 3.0 CZ)
The regulation text is for informational purposes only.
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