Decree No. 518 / 2004 Coll.
Decree implementing Act No. 435 / 2004 Coll., on Employment
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Order
Effective from 01.10.2004
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518
DECLARATION
of 23 September 2004
implementing Act No. 435 / 2004 Coll., on Employment
The Ministry of Labour and Social Affairs provides, pursuant to § 69 (7), § 77 (1), § 78 (9), § 81 (5), § 105 (4), § 119 (6) and § 130 of Act No. 435 / 2004 Coll., on Employment, hereinafter referred to as "the Act":
WORKING REHABILITY OF PERSONS WITH HEALTH EMPLOYMENT
(Paragraph 69 (7) of the Law)
Individual plan of occupational rehabilitation
Individual plan of occupational rehabilitation of a person with a disability 1) contains
(a) the intended objective of occupational rehabilitation;
(b) forms of occupational rehabilitation (2) which have been established for a disabled person;
(c) the anticipated timing of occupational rehabilitation;
(d) the dates and manner of evaluation of the effectiveness of the established forms of occupational rehabilitation.
Types of costs borne by the Office of Labour and their method of reimbursement
(1) The costs of the legal or natural person entrusted pursuant to Article 69 (1) of the Act with regard to the provision of occupational rehabilitation (hereinafter referred to as "the delegate"), linked to the performance of occupational rehabilitation, shall be considered to be:
(a) direct costs incurred for occupational rehabilitation (material, wages and remuneration of staff, other direct costs);
(b) overheads incurred in carrying out occupational rehabilitation;
(c) the cost of the part of occupational rehabilitation provided by other professional or educational establishments for the delegate.
(2) Furthermore, where they are not included in the costs referred to in paragraph 1, the costs of the authorised persons involved in carrying out occupational rehabilitation shall be considered to be:
(a) the cost of equipping the participants of occupational rehabilitation needed for carrying out occupational rehabilitation, up to a maximum of CZK 2,000 per participant,
(b) the cost of personal protective equipment, washing, cleaning and disinfectant, and protective beverages (3) provided to participants in occupational rehabilitation;
(c) liability insurance for the health of a participant in occupational rehabilitation, agreed for the duration of occupational rehabilitation.
(3) Where cooperation with an expert or the participation of another natural person is necessary when carrying out occupational rehabilitation of a disabled person, the costs of occupational rehabilitation and the costs of their occupational rehabilitation activities shall be considered to be costs.
(1) The costs of an employer who carries out preparation for work under Article 72 (2) (a) of the Act are considered to be:
(a) wage costs per employee who prepares for the work of a disabled person corresponding to the number of hours worked by that employee in preparation for the work of a disabled person;
(b) where cooperation with a professional or other natural person is necessary in carrying out preparation for work, the costs associated with their work rehabilitation activities.
(2) The costs of the body referred to in Article 72 (2) (b) and (c) of the Act which carries out preparation for work are considered to be:
(a) wage costs per employee who prepares for the work of a disabled person corresponding to the number of hours worked by that employee in preparation for the work of a disabled person;
(b) the cost of personal protective equipment, washing, cleaning and disinfectant, and a protective beverage (3) provided to a disabled person;
(c) proven transport costs of a disabled person from the place of residence to the place of preparation for work and return;
d) proven expenses for accommodation of a person with disabilities, if preparation for work takes place outside the municipality of his residence, up to a maximum of CZK 1 000 per day,
(e) diet according to special legislation4) on the days of participation in the preparation for work, if it takes place outside the municipality of residence of a person with disabilities;
(f) insurance of liability for damage to the health of a person with disabilities, arranged for the period of occupational rehabilitation.
The costs of occupational rehabilitation of a participant in occupational rehabilitation shall be:
(a) proven travel expenses from the place of residence (5) to the place of work rehabilitation and vice versa;
b) proven accommodation costs during the period of occupational rehabilitation, if the residence of the participant in the occupational rehabilitation is held outside the municipality, up to a maximum of CZK 1,000 per day,
(c) diet according to special legislation4) on the dates of participation in occupational rehabilitation, provided that the residence of the worker is held outside the municipality;
(d) insurance in the event of damage caused by a participant in occupational rehabilitation in the framework of occupational rehabilitation, or other insurance linked to occupational rehabilitation abroad.
(1) Reimbursement of costs related to the provision of occupational rehabilitation pursuant to § 2 (1) to (3) and the costs referred to in § 3 shall be effected on an ongoing basis. The costs shall be borne by the Office of Labour within 30 calendar days of the date of their billing, by transfer without cash to an account held with the Money Institute.
(2) The costs referred to in Article 4 shall be borne by the Office of the Labour Rehabilitation Participant by cash transfer to its account held with the money institution or postal order or in cash within 30 calendar days of the date of their settlement.
CONTRIBUTION TO THE ESTABLISHMENT OF THE WORKING PLACE FOR HEALTH ASSISTANCE PERSONS AND CONTRIBUTIONS TO THE REIMBURSEMENT OF OPERATING COSTS GRANTED IN CONNECTION WITH THE EMPLOYMENT OF HEALTH ASSISTANCE PERSONS
(Paragraph 77 (1) of the Law)
Job description for disabled persons
The job description for a disabled person contains:
(a) the type of work and its description;
(b) closer identification of the place of work;
(c) closer identification of the workplace and its location;
(d) the conditions and requirements laid down for holding a post;
(e) a description of the working conditions under Section 110 (4) of the Labour Code in relation to a specific place of work;
(f) the method of remuneration in terms of complexity, accountability and workload and the difficulty of working conditions and performance;
(g) information that the job is reserved for a disabled person under Section 80 (d) of the Act or suitable for a disabled person;
(h) an indication of whether the employment is for an indefinite period or, if the employment is for a specified period, the estimated duration.
Types of operating costs incurred in connection with the employment of a disabled person
(1) The operating costs incurred in connection with the employment of a disabled person to whom the employer can be granted a contribution under Section 76 of the Act are:
(a) increased administrative costs of 7% of the average monthly national economy wage for the first to third quarters of the preceding calendar year;
(b) the costs of operating staff and work assistants:
1. the wage costs of operating staff and work assistants in their primary employment relationship with the employer, to the extent appropriate to the number of hours worked by operating staff or staff assistants in assisting workers who are disabled; or
2. the cost of providing work assistants in the absence of employees of the same employer;
(c) transport costs related to the employment of disabled persons, which are the costs of:
1. the transport of disabled workers to and from the workplace; or
2. transport of materials and finished products,
(d) the costs of adapting the establishment, which are the costs of:
1. the acquisition and verification of computer software for the employment of persons with disabilities,
2. the acquisition and adaptation of auxiliary technological equipment used by employees who are disabled,
3. acquisition of communication and guidance equipment,
4. adaptation of hygienic, thermal, light or noise conditions to persons with disabilities; or
5. construction or extension of operations necessary for the employment of disabled persons, including computer equipment costs.
(2) For the purposes of paragraph 1 (b), a staff member whose employment is subject to an allowance under Paragraph 78a of the Act or an employee whose wage costs are paid under Paragraph 3 (1) (a) shall not be regarded as an operational staff member and a work assistant.
(3) Where value added tax is part of the costs referred to in paragraph 1 and the employer is not the payer of that tax, the value added tax shall be considered as operating costs incurred in connection with the employment of a disabled person.
Types of operating costs incurred by self-employed persons who are disabled
(1) The operating costs incurred by a self-employed person who is a disabled person to whom a contribution can be granted under Section 76 of the Act are:
(a) increased administrative costs of 7% of the average monthly national economy wage for the first to third quarters of the preceding calendar year;
(b) transport costs of materials and finished products;
(c) the costs of adapting the establishment to carry out the self-employment activity, in particular the costs of:
1. acquisition and verification of computer software,
2. adaptation and acquisition of auxiliary technological equipment,
3. adaptation of hygienic, thermal, light or noise conditions; or
4. construction or extension of operations, including costs of computer equipment.
(2) Where the value added tax is part of the costs referred to in paragraph 1 and the self-employed is not the payer of that tax, the value added tax shall be considered as operating costs incurred by the self-employed person who is a disabled person.
Method of granting the contribution
The contribution under Section 76 of the Act is granted on a quarterly basis or in another agreed period (10). The advance shall be due no later than the last day of the first month of the relevant quarter or other agreed period.
PROTECTED WORK MARKET
(K § 78 (11) of the Act)
Calculation of the average quarterly recalculated number of employees and employees who are disabled
(1) Only workers in employment should be included in the average quarterly turnover.
(2) The average quarterly recalculated number of employees shall be collected as a proportion of the total number of hours actually worked by these employees in the quarter concerned, increased by hours not worked.
(a) because of temporary incapacity for work for which sick leave is granted;
(b) as a result of the withdrawal of leave to be recovered;
(c) because of obstacles to work on the part of the employer;
(d) on account of obstacles to work on the part of the staff member in the case of obstacles in which the staff member is entitled to compensation for a salary or a platu6) or, pursuant to § 192 (1) of the second sentence of the Labour Code, is not entitled to compensation for a salary or salary;
(e) as a result of the treatment or care of the child or of the treatment of another member of the household for which the care belongs (7);
and the total fixed weekly working time (8) excluding public holidays per employee working for a fixed weekly working time (8).
(3) If the employer operates for only part of the calendar quarter, the total fixed weekly working hours per employee working for a specified weekly working time (8) shall be used to determine the average number of employees converted, without holidays, during the months in which the employer was engaged.
(4) The average quarterly recalculated number of employees shall be collected as the sum of the average recalculated number of employees working under each work regime.
For the purpose of fulfilling the conditions of employment of more than 50% of employees who are disabled, the average recalculated number of such employees shall be collected in accordance with Paragraph 11; each employee who is a person with a heavier disability (9) shall be counted three times.
The calculations referred to in Part Three shall be made to two decimal places in force. For cash transactions, the total amount shall be rounded up to the full crown.
CALCULATION OF THE EXTERNAL ANNUAL PRUDENT NUMBER OF STAFF AND CALCULATION OF THE IMPLEMENTATION OF THE GUIDELINES
(Paragraph 81 (6) of the Law)
Method of calculating the average annual number of employees
(1) Only workers in employment should be included in the average annual turnover.
(2) The average annual recalculated number of employees shall be collected as a proportion of the total number of hours actually worked by these employees in a given calendar year, increased by hours not worked.
(a) because of temporary incapacity for work for which sick leave is granted;
(b) as a result of the withdrawal of leave to be recovered;
(c) because of obstacles to work on the part of the employer;
(d) on account of obstacles to work on the part of the staff member in the case of obstacles in which the staff member is entitled to compensation for a salary or a platu6) or, pursuant to § 192 (1) of the second sentence of the Labour Code, is not entitled to compensation for a salary or salary;
(e) as a result of the treatment or care of the child or of the treatment of another member of the household for which the care belongs (7);
and the total fixed weekly working time (8) excluding public holidays per employee working for a fixed weekly working time (8) in a given calendar year.
(3) If the employer operates for only part of a calendar year, the total fixed working time, excluding public holidays, per employee working for a specified weekly working time (8) shall be used in the months in which the employer was engaged.
(4) The average annual recalculated number of employees shall be collected as the sum of the average recalculated number of employees working under each work regime.
The average annual number of employees recorded in accordance with Paragraph 15 shall determine the compulsory share of employees who are disabled persons.
Method of calculating the performance of the compulsory holding
For the purpose of fulfilling the obligation to employ disabled persons under Section 81 (2) (a) of the Act, the average annual recalculated number of employees who are disabled persons and the average annual recalculated number of employees who are disabled persons shall be ascertained in the manner set out in Section 15; each employee who is a person with disabilities shall be counted three times.
For the purposes of fulfilling the obligation to employ disabled persons under Section 81 (2) (b) of the Act, the number of persons with disabilities who the employer can count in the performance of a compulsory share shall be calculated by deducting from the total amount of payments made for goods, services or contracts which the employer has withdrawn from the legal or natural persons referred to in Section 81 (2) (b) of the Act (hereinafter referred to as "the supplier ') in the calendar year in question the value added tax and the resulting amount shall be divided by seven times the average monthly wage in the national economy for the first to third quarter of the calendar year in question, declared by the Ministry of Labour and Social Affairs.
Employers and self-employed persons under Section 81 (2) (b) of the Act may include, in the total amount laid down in Section 81 (3) of the Act, the price excluding value added tax for goods and services provided in a given calendar year or for contracts awarded in a given calendar year.
For the purposes of fulfilling the obligation to employ disabled persons under Section 81 (2) (c) of the Act, the number of employees who are disabled persons for whom the employer makes a contribution shall be determined as the difference between the number of employees who are disabled persons and who are to be employed by the employer at the level of the compulsory share and the number of employees whose compulsory share has been met under Section 81 (2) (a) and (b) of the Act.
The calculations in Part Four shall be made to two decimal places in force. For cash transactions, the resulting amount shall be rounded up to the whole crown.
ADVISORY ACTIVITIES
(K § 105 (4) of the Act)
Characteristics of consultancy activities
(1) Advice for the choice of profession is aimed, in particular, at providing information on professions, assumptions and competence for the pursuit of a particular profession, the possibilities of study, preparation for the profession and the possibilities of employment. Advice shall be given to pupils and school students and other natural or legal persons; This is without prejudice to the provision of advisory services in the education department.
(2) Advice for the choice of retraining is aimed at determining the content and scope of retraining and is based on the existing qualification, health status, ability and experience of the natural person to be retrained.
(3) Advice for the provision of suitable employment to a natural person aims at assessing the health, qualification and personality assumptions for the recommendation of appropriate employment, preparation for the profession and retraining. Employers' advice is aimed at selecting employees for employers and ensuring consistency between employers' requirements and labour market supply.
(4) Advice for the choice of preparation for the work of people with disabilities shall aim to address specific needs in the health, social and other areas of their lives and to remove barriers to their access to the labour market.
(5) Consulting on the selection of appropriate tools for an active employment policy aims to guide the labour performance of individuals with employers in accordance with the requirements and possibilities of the labour market.
Forms of advice
(1) Consultancy shall take the form of:
(a) group advice or individual advice;
(b) assessment of personality assumptions by work and balance sheet diagnostics;
(c) advisory programmes aimed at labour search techniques and other activities aimed at the employment of a natural person in the labour market.
(2) Work diagnostics shall verify the assumptions of the natural person for employment and further training. Bilateral diagnostics shall aim at a comprehensive assessment of the ability and possibilities of a natural person following its future work application.
(3) The inclusion of a natural person in the various forms of advice shall be based in particular on his or her state of health, his or her current working and life experience, his or her qualifications and degree of education, and on the possibilities for his or her placement in the labour market.
Types of costs borne by the Labour Office
(1) The costs of professional equipment linked to consultancy are considered to be:
(a) direct costs of advice (material, wages and remuneration of employees, other direct costs);
(b) overheads incurred for advice;
(c) the cost of subsections of advice provided by other professional equipment for professional equipment;
(d) reasonable profit, up to a maximum of 15% of the costs incurred;
(e) value added tax where the costs referred to in points (a) to (c) include such tax and the professional establishment is not the value added tax payer.
(2) Furthermore, where they are not included in the costs referred to in paragraph 1, the costs of professional equipment linked to consultancy shall be considered to be:
a) costs for the necessary equipment of participants advice, up to a maximum of CZK 2,000 per participant,
(b) insurance of liability for damage to the health of the participants, agreed for the duration of the participation in advice.
(3) The costs of a jobseeker or persons with disabilities linked to counselling shall be considered to be the costs of driving costs under special legislation (4), demonstrated by a jobseeker or a disabled person, where they participate in work diagnostics, balance sheet diagnostics or advisory programmes.
CONTRIBUTIONS UNDER ACTIVE EMPLOYMENT POLICY
(K § 119 (6) of the Act)
Public service
A contribution to the creation of a public-service job shall be granted monthly or in any other agreed period and shall be payable within 30 calendar days of presentation of the bill of pay.
Socially efficient jobs
(1) The contribution to a socially efficient job newly created by the employer and to be occupied by jobseekers for the period agreed in the agreement, or to a socially efficient job created by a jobseeker for the purpose of self-employment, may be granted as:
(a) a repayable contribution;
(b) an interest payment allowance on loans; or
(c) another assigned contribution.
(2) The contribution referred to in paragraph 1 shall be granted within 30 calendar days of the date of conclusion of the agreement granting the contribution.
The contribution to a socially efficient job reserved by the employer to a particular jobseeker (13) shall be granted monthly or in another agreed period and shall be payable within 30 calendar days of the submission of the bill of pay.
Inclusion allowance
The allowance for incorporation shall be granted in a one-off form, retrospectively over the entire period agreed, and shall be payable within 30 calendar days of the submission of written information on the process of incorporation.
Contribution to the transition to the new business programme
The transfer allowance shall be granted on a monthly basis and shall be payable within 30 calendar days of the submission of the bill of payment of compensation for employees' salaries.
Provision of contributions
Contributions under the active employment policy shall be made by transfer without cash to the account of the payee with the money institution. The total amount of the contribution under Sections 24, 26 and 30 and under Section 114 of the Act shall be rounded up to the whole crown.
Shared EMPLOYMENT
(K § 119a (8) of the Act)
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Regulation Information
| Citation | Decree No. 518 / 2004 Coll., implementing Act No. 435 / 2004 Coll., on Employment |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.10.2004 |
|---|---|
| Effective from | 01.10.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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