Act No. 474 / 2001 Coll.
Act amending Act No. 1 / 1991 Coll., on Employment, as amended
Valid
Law
Effective from 01.01.2002
Text versions:
01.01.2002
31.12.2001
474
THE LAW
of 29 November 2001
amending Act No. 1 / 1991 Coll., on Employment, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 1 / 1991 Coll., on Employment, as amended by Act No. 305 / 1991 Coll., Act No. 578 / 1991 Coll., Act No. 231 / 1992 Coll., Act No. 307 / 1993 Coll., Act No. 39 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 289 / 1997 Coll., Act No. 167 / 1999 Coll., Act No. 118 / 2000 Coll., Act No. 155 / 2000 Coll., and Act No. 369 / 2000 Coll., is amended as follows:
1. Paragraph 24 (2) reads as follows:
"(2) The employer is obliged to employ citizens with a changed job capacity equal to the compulsory share of citizens with a changed job capacity in the total number of their employees (hereinafter referred to as the" mandatory share '). The mandatory proportion for an employer with more than 25 employees shall be 4%.';
2. in Article 24 (3) (b), including footnotes 42) and 43):
"(b) the removal of products from employers employing more than 50% of employees with altered working capacity or the award of production programmes to such employers or the removal of products of protected workshops operated by a civil society association, 42) a publicly registered church or religious society or a religious legal person or a public utility company (43), or the award of production programmes to such bodies; or
42) Act No. 83 / 1990 Coll., on the association of citizens, as amended.
43) Act No. 248 / 1995 Coll., on public utility companies and amending and supplementing certain laws. '
3. In Article 24 (3) (c), "0,50 'is replaced by" 1,50'.
4. In Paragraph 24 (3), the following sentence is added at the end: "The employer may perform the mandatory share by combining all three of the above methods."
5. in Article 24, paragraphs 4 to 6, including footnote 44, read:
"(4) For the purposes of the employment of citizens with a reduced capacity for work equal to the compulsory share referred to in paragraph 3 (a), each staff member with a reduced capacity for work with a more severe disability shall be included three times.
(5) For the purpose of performing the compulsory share referred to in paragraph 3, points (a) and (b) shall apply. (b) the number of staff with altered working capacity to be included by the employer in the performance of the compulsory share shall be determined by:
(a) divide the total amount of payments, excluding value added tax, for goods or services collected in the reference calendar year from the employer referred to in paragraph 3 (b). (b) three times the average wage recorded for the first to third quarters of the reference year; or
(b) divide the total volume of payments, excluding value added tax, made in the reference calendar year from the specified production programme by the employer referred to in paragraph 3 (b). (b) three times the average wage recorded for the first to third quarters of the reference year.
The sum of the values obtained in accordance with the procedures referred to in points (a) and (b) shall represent the total amount of performance of the mandatory share referred to in paragraph 3 (b).
(6) For the purposes of determining the mandatory share in the reference calendar year, the average annual number of employees to be calculated over the reference year shall be the proportion of the total number of hours worked by all employers' employees, plus the hours worked in progress as a result of the taking-up of recovery leave, the obstacles to work and the incapacity for work for which sickness insurance benefits are provided and the total annual working time fund per employee working full-time laid down by specific legislation. 44)
44) § 83a of the Labour Code. '.
6. Paragraph 24 (7) to (10), including footnote 45, is added:
"(7) In the calculations referred to in the preceding paragraphs, the average calculated number of employees shall be rounded to the nearest integer from half upward.
(8) The employer shall, by 15 February of the following calendar year, notify the employment office in writing of the performance of the compulsory share for the preceding calendar year and of the manner in which it is carried out by the employment office responsible for its place of residence or permanent residence. If the employer has failed to comply with the compulsory share as referred to in paragraph 3 (a) or (b), the employer shall comply with it in accordance with paragraph 3 (c). The amount of this levy shall be fixed and transferred to the State budget no later than 31 January of the calendar year following the year for which the levy was due. The payment shall be demonstrated in compliance with the notification obligation in accordance with the first sentence.
(9) The obligations referred to in paragraphs 2 and 3 do not apply to the employer who employs members of the Fire Rescue Corps of the Czech Republic, 45) as regards the employment of those members.
(10) The material advantages of employers for employing citizens with altered skills are governed by specific legislation. 13)
45) Act No. 238 / 2000 Coll., on the Fire Department of the Czech Republic and on the amendment of certain laws. "
7. the following Section 24a is inserted after Section 24, including footnote 46:
(1) For the purpose of the contribution, more than 50% of staff with altered capacity shall be regarded as an employer who has adapted the production programme and the working conditions for the employment of citizens with altered capacity.
(2) The purpose of the contribution shall be to compensate the employers referred to in paragraph 1 in part for the increased costs associated with the employment of citizens with altered working capacity and reduced working capacity with a heavier disability, which consist in particular of the necessary organisational, technical and personnel measures and the adaptation of the workplace, the organisation of production and business activities, which mitigate the consequences of the higher morbidity and the lower residual working potential of those workers.
(3) The employer referred to in paragraph 1 shall be entitled to a monthly allowance of 0,35 times the average wage on the national economy recorded for the first to third quarters of the preceding calendar year for each employed citizen with altered working capacity. The average annual recalculated number of such staff shall be determined in order to determine the number of staff with reduced working capacity and those with more severe disability to whom the allowance is to be granted.
(4) The allowance shall be granted in advance. The accounting of contributions granted for the calendar year shall be made by 31 January of the following year at the latest.
(5) The contribution shall be provided by the employment office responsible locally for the employer's seat.
(6) The condition for the grant is that:
(a) the employer does not record tax arrears in the tax register;
(b) the employer does not have any outstanding premiums due on insurance premiums and periodic penalty payments for public health insurance or insurance premiums and social security periodic payments and contributions to national employment policy;
(c) the employer is not granted any other state contribution or subsidy (46) to cover wage costs for citizens with altered working capacity.
(7) The employer is obliged to keep the contributions provided in the accounts separately and properly in accordance with the Accounting Act.
(8) The Ministry of Labour and Social Affairs shall determine the conditions for granting the contribution and its billing by decree.
46) For example, Article 2 (1) (b) of Decree No. 35 / 1997 Coll., laying down the details of the establishment of socially efficient jobs and the creation of community service. "
This Law shall take effect on the first day of the month following that of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 474 / 2001 Coll., amending Act No. 1 / 1991 Coll., on Employment, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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