Decree No. 520 / 2005 Coll.
Order on the extent of the expenditure incurred and the loss of earnings paid by the administrative authority to other persons and the amount of the flat-rate amount of the costs
Valid
Order
Effective from 01.01.2006
520
DECLARATION
of 16 December 2005
on the extent of the final expenditure and the loss of earnings paid by the administrative authority to other persons and the amount of the flat-rate amount of the costs
The Ministry of the Interior provides, pursuant to Section 176 of Act No. 500 / 2004 Coll., the Administrative Rules (hereinafter "the Act '):
Extent of payment of final expenses and lost earnings to other persons
(1) The basis for calculating the compensation for the loss of earnings of another person who is in an employment relationship or in a similar employment relationship or in another employment relationship shall be the average hourly earnings calculated under the special legislation1). The amount of income spent shall be calculated by multiplying the average hourly earnings by the number of hours when another person was not present at work due to participation in an act under the law. The amount of the loss of earnings shall not exceed the maximum amount calculated in accordance with paragraph 2. The administrative authority shall determine the amount of the loss of earnings of another person on the basis of a certificate issued by the employer stating whether and by what amount the employer will reduce its earnings for the period of absence of work for reasons relating to participation in an act under the law.
(2) However, in the case of another person who is not in an employment relationship or in a similar employment relationship or in another employment relationship, he shall be employed, the basis for calculating the compensation for the loss of earnings shall be the amount calculated on the basis of the income tax on natural persons divided by the number of working hours laid down by the special legislationm2) per calendar year. The amount of the tax base according to which the last known tax obligation is determined 3), but no more than CZK 486 000, shall be used for the calculation of the loss of earnings. If the amount of earnings lost cannot be determined in this way, it shall be calculated as a proportion of the average wage in the national economy declared by the Ministry of Labour and Social Affairs in the Collection of Laws for the first to third quarters of the previous calendar year for the purposes of the Employment Act (4), as amended, and the number of working hours laid down by the Special Legislation (m2), corresponding to the calendar month in which the compensation for lost earnings is due, but not more than 8 hours per day.
(1) Travel expenses, with the exception of fares in local public transport, are paid to another person only if he does not have a place of residence, does not stay or work in the municipality where the operation takes place.
(2) The actual, effective and economical travel expenses for travel from the place of stay to the place of call and return are paid to another person travelling by public mass transport. The fare for the second carriage class shall be paid when driving by train. The travel expenses referred to in this paragraph shall be ticket, seat, and, if necessary, the use of a sleeper or couchette carriage, including the expenses associated therewith.
(3) Where another road vehicle has been used, a replacement calculated in accordance with the Labour Code shall be granted.
(1) If another person uses local public transport, he / she is entitled to reimbursement of the fare.
(2) The reimbursement of the fare in local public transport belongs to another person who has a place of residence, resides or works in the municipality where the operation takes place.
It belongs to another person at the highest rate calculated according to the Labour Code.
Other persons shall be reimbursed for actual, effective and economical accommodation expenses.
Flat-rate amount of management costs
(1) The flat-rate amount of the administrative costs incurred by the participant in breach of its legal obligation is CZK 2,500.
(2) The lump sum referred to in paragraph 1 shall be increased by CZK 2,500 in particularly complex cases or in cases where an expert from a field other than the transport or health sector of psychiatry or toxicology has been recruited. If an expert in the transport or health sector of psychiatry or toxicology has been recruited, the lump sum referred to in paragraph 1 shall be increased by CZK 5,000. If more than one expert has been recruited, the sums for the experts shall be added up. The flat-rate amount of the costs may not exceed CZK 10 000 after the increase provided for in this paragraph.
Efficacy
This Decree shall take effect on 1 January 2006.
Minister:
Mgr. Bublan v. r.
1) Act No. 1 / 1992 Coll., on wages, remuneration for on-call and average earnings, as amended.
2) Paragraph 83a (1) of the Labour Code.
3) Article 40 (1) of Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
4) Act No. 435 / 2004 Coll., on Employment, as amended.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No 520 / 2005 Coll., on the extent of the expenditure and the loss of earnings paid by the administrative authority to other persons and on the amount of the flat-rate amount of the costs |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.2005 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0