Act No. 47 / 1947 Coll.
Law on the execution of work income and similar income (Law on the execution of salaries)
Valid
Effective from 01.06.1947
47.
Law
of 5 March 1947
on the execution of work income and income assimilated to him (Salary Enforcement Act).
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
General provision.
It is only in accordance with the provisions of this law that the work income and income assimilated to it can be executed.
Work income.
The work income (hereinafter referred to as salary) in this Act means, on the one hand, cash and in kind benefits of all kinds for work or services (hereinafter referred to as "services'), which are held in a public or private employment relationship (salary, service, wages and so on), and, on the other hand, fees for other works of all kinds, which are carried out by the debtor personally for the same person and which constitute a major part of his professional activity, regardless of their name or method of calculation.
Income equal to salary.
The salary referred to in Article 2 is equal to:
1. rewarding and provision salaries,
2. social security benefits,
3. pensions from insurance contracts concluded for the provision of a debtor or a member of his family, to whom the debtor is legally obliged to provide maintenance, pensions which are paid according to the last acquisition and for similar legal reasons, or pensions which are due to voluntary membership of the insurance associations and institutions, as well as pensions from exchange,
4. pensions received by the debtor as support from foundations or otherwise;
5. pensions payable as compensation for damage to the body or health;
6. the maintenance payable by law and the pensions which, upon death of the person legally obliged by law, enter the place of maintenance,
7. salaries payable by employees under the competitive clause after termination of employment.
Revenue exempt from execution.
The following shall be excluded from execution:
1. fees for work over time and for extraordinary work up to half,
2. the amount of cash to be paid in addition to the salary for the period of leave, the one-off allowance made on the occasion of special events in the holding and the exceptional one-off wage for loyal services, each such salary up to the amount of CZK 1,500 per case,
3. specific reimbursement of the cost of work,
4. severance and other social allowances for work outside the establishment, risk and similar allowances, provided that they are provided for by law or provided that they are determined by the Minister of Justice in agreement with the Minister of Social Welfare by decree in the Collection of Laws and Regulations, or that they do not exceed 1.500 CZK per month,
5. Christmas and New Year's (balance) remuneration up to half a month's salary but up to a maximum of 1,500 CZK,
6. Contributions granted in respect of marriage, birth or death, provided that the execution is maintained for claims other than those relating to marriage, birth or death,
7. allowances for injuries or incapacity for military service as a result of war service, allowances for helpless and blind persons, and increases in public social security benefits for helplessness;
8. education and similar allowances granted to children under statutory rules,
9. one-off education allowances, study grants and similar salaries,
10. one-off grace gifts,
11. aid granted to members of trade union organisations, in so far as they do not fall under No 6 and in so far as they do not exceed the annual amount of CZK 3,000.
Salary execution for an ordinary claim.
(1) Salary cannot be affected by execution if the salary is net
| za období delší jednoho týdne | 1.800 Kčs na měsíc, |
| za týden | 400 Kčs na týden, |
| za den | 70 Kčs denně. |
If the net salary exceeds this amount, one tenth of the difference shall be excluded from the execution; However, the total amount of the salary which is not subject to execution shall not be more than 3.600 CZK per month, 800 CZK per week and 140 CZK per day.
(2) Where the debtor provides, under the law, nutrition to the spouse, former spouse, relative or child of the illegitimate or provides support to the spouse or the ward, the amount referred to in paragraph 1 shall be increased by 300 Ccs per month, 70 Ccs per week or 10 Ccs per day for each person providing the sustenance. Where the debtor receives allowances for such a person exempt from execution pursuant to § 4, No 8, the amount referred to in paragraph 1 shall be increased by only as much as the amounts referred to in the previous sentence.
Payment of the salary for the maintenance claim by law.
(1) In the case of claims for nutrition which fall under the law of the spouse, former spouse, relatives or children of the illegitimate, the recovery may also affect the income referred to in Sections 4, 1, 2 and 5 up to half the amount otherwise excluded from the execution. The amounts of the salary exempted under § 5 (1), first sentence of the first sentence, shall be reduced in the case of the execution of nutrition claims under the law on payment of:
| za měsíc nebo za zlomky měsíce | na 900 Kčs měsíčně, |
| za týden | na 200 Kčs týdně, |
| za den | na 35 Kčs denně a |
the amounts referred to in § 5 (1), second sentence, are reduced to 1.800 CZK per month, 400 CZK per week and 70 CZK per day. Paragraph 5 (2) also applies. However, if there is nothing or little, in proportion to what is obtained per person supported by the debtor under Article 5 (2), the court may, on application by the enforcer, reduce the amount of 300 CZK per month, 70 CZK per week or 10 CZK per day accordingly, but not half a day.
(2) The income excluded from the execution pursuant to Paragraph 4, No 8, may be deducted from the execution without prejudice to the previous provision from the execution of the entire, if the execution is carried out by the person for whom the debtor receives such benefits.
(3) In the case of execution of a number of persons for nutrition claims under the law, the order specified below shall be determined and several equally close to the authorized shall have the same order among them:
(a) underage single children, including the illegitimate children, the husband and the former spouse; the ratio of underage single children and the spouse to the former spouse shall be determined by the court at fair discretion;
(b) other descendants, in such a way as to prevent those who would be called heirs by law in the succession;
(c) relatives in a generation which is ascending, so that the furthest steps are preceded by the furthest.
(4) In order to obtain the costs of the dispute and the execution of maintenance payments under the law, enforcement may be carried out as maintenance.
The net salary calculation.
For the calculation of the net salary:
1. If the employment is seasonal, which is the main source of the debtor's nutrition, the monthly salary shall be the amount that would be payable per month if the salary for the season was the salary for the whole year.
2. The revenue excluded from the execution pursuant to Article 4 shall not be taken into account, nor shall the amounts which, under tax or tax or social insurance rules, are paid directly to meet the legal obligations of the debtor or similar of his obligations, as determined by the Minister of Justice by the Decree in the Collection of Laws and Regulations.
3. Several salaries, which are also confiscated for the same creditor, are added together. The amount excluded from the execution shall be deducted in particular from the salary which forms the essential basis for the diet of the debtor.
4. If the borrower receives in-kind benefits in addition to the cash salary, the cash salary and the cash value of the actual benefits shall be added. The cash value of benefits in kind shall be determined on the basis of legal or official rates and, if not, local medium prices. In particular, the value of the benefits in kind shall be taken into account for the amount of the salary exempted from the execution and, if lower, the difference in salary shall be taken into account.
5. The debtor's salary, subject to execution, shall be rounded up in the calculation of the amount exempted from execution down to the amount divisible by 20 CZK on payment over a period exceeding one week, to the amount divisible by 5 CZK on payment per week and to the amount divisible by 1 CZK on payment per day.
6. If seizure, procedure or other legal action for the benefit of maintenance claims (§ 6) is encountered with confiscation for an ordinary claim (§ 5), maintenance shall be counted primarily on the amount of salary which is affected by execution to a wider extent pursuant to § 6.
7. Disputes concerning the calculation of the amount of the salary excluded from execution shall be decided by the Enforcement Court on the basis of a proposal from the party or subdebtor.
Increase in part of the salary excluded from execution.
The execution court may exceptionally, on application by the debtor, increase the part of the salary exempt from the execution provided for in Article 5 or Article 6, if this is urgently necessary in view of the debtor's special needs for personal reasons (e.g. severe physical defect or illness) and does not contradict the creditor's prevailing interests. If the conditions applicable to the increase change, the execution court shall, on application of the creditor's order, adjust accordingly.
Indirect pay.
(1) If the person in respect of whom the debtor is working is concerned, to a third party for transactions which, according to the circumstances in question, are wholly or partly compensation for the debtor's work, an execution may be carried out against the debtor as if the claim were due to the debtor. The confiscation of the debtor's claim for compensation affects, without further delay, the entitlement of the authorised third party, even if the third party does not receive the amount of the salary from the debtor's employer on the basis of legal proceedings as a performance for something which his parties have fulfilled to the debtor. The order authorising execution shall be delivered to the authorised third party as well as to the debtor.
(2) Where a debtor carries out a permanent work relationship to a third party, which, according to its nature and scope, is usually remunerated, free of charge or disproportionately insignificant for compensation, he shall pay the proportion between the creditor and the recipient of the work that he owes a reasonable compensation. When examining whether these conditions are given and when assessing the compensation, account should be taken of all the circumstances of the case, in particular the type of work, of the relationship between the person entitled to the service and of the person obliged to do so and of the economic fitness of the person entitled to require the work.
Special cases.
(1) If compensation for work which is not due in repayable salaries is confiscated, the court shall, on application by the debtor of the execution, remove as much as it needs within a reasonable period of time for the necessary maintenance of its own and persons entitled to require the provision of nutrition under the law or for the provision of food to the custodian. In the decision, the court shall take account of the economic circumstances of the debtor and, in particular, of his other earning capacity; However, it is not possible to remove more from execution than would remain for the debtor if his work income were to be found in a normal working wage. The debtor's proposal shall be rejected if the creditor's prevailing interests contradict it.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to the confiscation of payment for the provision of an apartment or other use of a case where a substantial part of the payment is undoubtedly compensation for the performance of work, not for the use of the case.
(3) There shall be no further appeal against the decision of the court of the second storehouse on the application referred to in paragraph 1 or 2.
Taxation and public benefits.
In respect of arrears for a period of three years, calculated from the maturity of a tax or benefit, the execution of taxes and other public benefits which are calculated on a salary basis shall be permitted within the scope of Paragraph 6 (1) for arrears of more than three years in the range of § § 4 and 5. Paragraph 10 (3) shall apply mutatis mutandis.
Inchangeability of the provisions on execution to salary.
The provisions of this Salary Enforcement Act cannot be amended or excluded by agreement of the parties to the debtor. Any measure contrary to those provisions, whether it has become a procedure, a voucher, a stoppage or any other legal act, shall have no legal consequences.
Repeal and amendments to certain regulations.
All provisions on matters governed by this law shall be repealed. In particular:
1. the Law of 15 April 1920, No 314 Coll., on the execution of salaries and servants and their survivors, as amended by the legislation amending or supplementing it;
2. applicability of the regulation on the confiscation of wages of 30 October 1940, Reich. zák. I, p. 1451, and the implementing regulation of 27 November 1940, Věst.
The Law of 27 May 1896, No 79, on the Management of Enforcement and Reinsurance (Enforcement Order), as amended, is amended as follows:
1. Sections 292, 330 and 372 are deleted.
Article 2 (290) reads as follows:
"An execution can only be carried out to the extent of the provisions of the Law on Enforcement on salaries."
3.
"(1) Entitlements on a compulsory or painful part, if they have not been brought to justice or if they have not been recognised by contract (conciliation), may not be affected by execution.
(2) The execution shall also exclude the amounts to which the debtor is entitled from the property insurance contract or its accessories, if such money has to be used under the contract (s) in order for the damaged building to be rebuilt or repaired or its accessories added. '
4. In Article 293, the words "Paragraph 290 to 292 'are replaced by" Paragraphs 290 and 291'.
The Law Article LX / 1881 on Enforcement (Enforcement Act), as amended, is amended as follows:
1. Article VI, Article 43 of the Law of 19 January 1928, No 23 Coll., amending and supplementing certain provisions of the laws on civil proceedings and enforcement proceedings, and Article 64 (a) of the Act.
2. Article VI, § 41 of Act No. 23 / 1928 Coll. reads:
"An execution can only be carried out to the extent of the provisions of the Law on Enforcement on salaries."
3. Article VI, § 42 of Act No. 23 / 1928 Coll. reads:
"(1) Entitlements on a compulsory or painful part, if they have not been brought to justice or have not been recognised by contract or agreement, may not be affected by execution.
(2) The execution shall also exclude the amounts to which the debtor is entitled from the property insurance contract or its accessories, if such money has to be used under the contract (s) in order for the damaged building to be rebuilt or repaired or its accessories added. '
4. in Article VI, Article 44 of Law No 23 / 1928 Coll., "Paragraph 41 to 43" shall be replaced by "Clauses 41 and 42."
The Law of 16 December 1930, No. 4 Coll. of 1931, for the protection of persons entitled to seek nutrition, education or provision, is amended as follows:
1. in Paragraph 6 (1), second sentence, the words "in one year" shall be replaced by the words "in three years."
2. the following paragraph 4 is added to Paragraph 6:
"(4) The provisions of the preceding paragraphs shall also apply mutatis mutandis to the provision of pension rights which are paid because of damage to the body or to health. '
(1) The provisions to date on the execution of service and rest (provision) salaries of public servants are replaced by the following:
(a) In the case of an execution for the service income of public servants, only 75% of the service salary (corresponding to it) shall be considered as a work income, without the education allowance and the other part of the service income determined by the Government by the Regulation.
(b) In the case of beneficiaries of public resting (provision) salaries, 75% of the basic resting (provision) salaries - whether statutory or granted by decision of free consideration - as well as all accessories, excluding educational (supplementary allowance for married persons, compensatory allowances, expensive allowances, etc.) shall be considered to be equivalent to work income (Section 3, No 1).
(c) Staff members within the meaning of paragraph (a) shall be those public servants whose pay and service conditions are governed by the Law on the Law of Rights, the Law of Teacher and the Law of 24 June 1926, No 105 Coll., on the Conditions of Employment of State, Municipal (Urban) and Circumstantial Doctors, as amended by the Law on Changes and Complements, or by the amendments issued pursuant to Section 210 of the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Law on the Civil Protection of the Civil Protection of the Civil Protection of the Civil Protection of the Civil Protection of the Civil Protection of Human Rights of Human Rights of Persons and on Human Rights of Human Rights of the People, and on Human Rights of Human Rights of Human Rights, and on Human Rights of Human Rights of Human Rights of Human Rights of Human Rights of Human Rights of Human beings, and of Human Rights of the People, and of the People, and of Human Rights of Human Rights of the Law on Human Rights of the Public resting (provision) salaries within the meaning of paragraph (b) shall mean the resting (provision) salaries paid from the resources of the State or other corporations (foundations) of public law, as well as from their or their institutions, undertakings and funds managed by them.
(d) The provisions on the execution of the service salaries of the staff referred to in paragraph (a) and on the resting (provision) salaries of the beneficiaries referred to in paragraph (b) shall not apply to administrative deductions from, or in the light of, the service and retirement allowances of the State and of the territorial authorities' obligations, as well as to their or their departments, undertakings and funds managed by them. If a collision of this kind meets with seizure for another claim, the claim of these employers shall be entered first on the part of the service or rest (provision) salary subject to execution.
(2) Without prejudice to the provisions on the execution of military personnel in active employment and certain other persons in equal service and in the provision of longer-served personnel, the provisions on execution remain without prejudice. Where these provisions are invoked by Act No. 314 / 1920 Coll., the provisions of this Act shall apply mutatis mutandis. Supporters of presentative services shall be considered to be military persons of the number of active duties for the purpose of the execution of salaries.
Transitional and final provisions.
(1) The enforcement measure taken prior to the application of this Act under the current confiscation limits is limited or extended to the extent permitted under the new provisions. At the request of the creditor or debtor, the enforcement court shall adjust the earlier order accordingly. Pending service of the amending resolution, the sub-debtor shall be entitled to comply with the earlier resolution with an exonerating effect.
(2) When assessing the effectiveness of legal negotiations, in particular the salary procedure that took place before the application of this law, the provisions of this law shall be applied only if it is in favour of the debtor. However, even in this case, the sub-debtor shall be entitled to comply with the existing rules with an exonerating effect until an amending judicial decision has been served on him or when he has been declared waived.
This law shall take effect on the first day of the second month following its publication; It shall be implemented by the Minister of Justice in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 47 / 1947 Coll., on the execution of occupational income and income assimilated to him (Law on the execution of salaries) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.04.1947 |
|---|---|
| Effective from | 01.06.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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