Act No. 54 / 1956 Coll.
Law on occupational sickness insurance
Valid
Effective from 01.01.1957
Contents
ČÁST PRVNÍ.
§ 2
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9
ČÁST DRUHÁ.
ČÁST TŘETÍ.
Oddíl první.
§ 11
Oddíl druhý.
Oddíl třetí.
§ 15.
§ 16
§ 17
§ 18
§ 21
§ 24.
§ 25
ČÁST ČTVRTÁ
§ 40
§ 40a
ČÁST PÁTÁ.
§ 41.
§ 42.
§ 43
§ 43a
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
§ 50.
§ 51
§ 51a
ČÁST ŠESTÁ.
Oddíl první.
§ 54
Oddíl druhý.
§ 55.
Oddíl třetí
ČÁST SEDMÁ.
§ 59
§ 60.
§ 61.
§ 62.
§ 64.
§ 65.
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54
Law
of 30 November 1956
on staff sickness insurance.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Personal coverage.
Heading of insured persons.
(1) Under this Act they are insured if they meet the conditions laid down for participation in sickness insurance and are active in the Czech Republic:
(a) staff in employment;
(b) members of a cooperative if, outside the employment relationship, they perform for the cooperative the work for which they are remunerated;
(c) members and managers of a limited liability company and commanditists of a limited liability company, if they carry out, outside their employment relationship, the work for which they are remunerated by that company;
(d) staff working under a work agreement;
(e) Judges,
(f) members of the representatives of the local authorities, provided that they are paid remuneration as members of the local authorities' representatives who exercise these functions as releases;
(g) Members of the Chamber of Deputies and Senators of the Senate of Parliament and Members of the European Parliament, elected on the territory of the Czech Republic,
(h) members of the Government, the President, the Vice-President and members of the Supreme Audit Office, members of the Broadcasting Council, members of the Council of the Institute for the Study of Totalitarian Procedures, members of the Council of the Czech Telecommunications Office, financial arbitrator, representative of the Financial Arbiter, Ombudsman, representative of the Ombudsman,
(ch) volunteer care staff,
(i) foster parents carrying out foster care in foster care establishments under special legislation (1), or to whom a remuneration due to a foster parent in special cases under special legislation (1a) is paid for the performance of foster care;
(j) persons employed regularly in the execution of a prison sentence or in custody;
(k) students and pupils
(m) workers in a working relationship concluded under foreign legislation. (2a)
(hereinafter referred to as "staff ').
(2) For the purposes of this Act, a person who is employed in an employment relationship is also considered to be an employee [paragraph 1 (a)] because not all the conditions laid down in the labour law governing his establishment have not been fulfilled.
(1) If a staff member performs temporary work outside the territory of the Czechoslovak Republic, this does not affect his insurance.
(2) Employees of employers based in the Czech Republic who have their place of work permanently abroad are insured under this Act if they are resident in the Czech Republic.
(3) For the purposes of this Act, the registered office of the employer shall be the registered office of the legal person as well as the registered office of the legal entity which is registered in the Commercial Register or, where applicable, in another legally designated register or is kept in a designated register with the competent authority in the Czech Republic, and the place of permanent residence of the natural person or, where applicable, of a foreign natural person, of his business.
Performing several activities.
Any person carrying out several insurance activities under this Act shall be insured from each of them. If the manager of a limited liability company is simultaneously a member of that company referred to in § 2 (1) (c), he shall be insured only once under this Act.
Exemption from insurance.
The following are excluded from insurance under this Act:
(a) professional soldiers, students of non-professional military schools and members of the Security Corps;
(b) foreign nationals who are not resident on the territory of the Czech Republic and who are active in the Czechoslovak Republic for employers who enjoy diplomatic privileges and immunities when they are eligible for sickness insurance in another State;
(c) employees who are active in the Czech Republic for employers who do not have their registered office in the Czech Republic do not, however, apply to employees who are active in the Czech Republic for employers who have their registered office in the country with which the Czech Republic has concluded an international social security agreement;
(d) staff engaged only in occasional employment.
Occasionally employed.
(1) Accidental single employment, which is not to last or last more than seven calendar days in succession under the Arrangement, shall be considered as occasional.
(2) Furthermore, employment which is only small-scale employment, i.e. in particular employment in which the deductible income (Paragraph 15 (1)) does not reach 400 Cds per calendar month, is considered occasional.
The creation of insurance.
Insurance is established on the date of entry into employment, which establishes insurance under this Act. However, the insurance of a member of the cooperative referred to in Paragraph 2 (1) (b) shall arise on the date on which he began to carry out the work for the cooperative for which he is remunerated by the cooperative; This applies mutatis mutandis to the shareholder and manager of the limited liability company and to the commanditist of the limited liability company referred to in § 2 (1) (c). The day of entry into employment shall also be the day before the entry into employment for which the salary or salary was paid or for which the salary or salary is not reduced.
The loss of insurance.
Insurance shall cease on the date of termination of employment, which shall constitute insurance under this Act. However, the insurance of a member of the cooperative referred to in § 2 (1) (b) shall cease on the date on which he ceased to work for the cooperative for the work for which he is remunerated by the cooperative; This applies mutatis mutandis to the shareholder and manager of the limited liability company and to the commanditist of the limited liability company referred to in § 2 (1) (c).
The special law shall specify who and to what extent is required to pay sickness insurance premiums as part of social security premiums. 1c)
Preventive and medical care of employees and their family members.
Benefits of sickness insurance.
A list of doses.
The sickness insurance benefits are:
(a) cash benefits:
1. sick leave,
2. support for family care;
3. compensation in pregnancy and maternity,
4. monetary assistance in motherhood.
Benefits in kind.
Cash benefits.
Sick.
(1) The sick leave belongs to a staff member who is recognised under the Special Regulation (11) who is temporarily unable to perform his previous employment (hereinafter referred to as "incapacity for work"). The sickness insurance shall not apply for the period of incapacity for which the staff member is entitled to the allowance for the allowance for the sickness insurance from which the sickness insurance is provided, except for those income which the staff member is entitled to for the period of incapacity for work, without at that time pursuing that activity for which the allowance is payable; the sickness benefit does not relate to the period of incapacity for which, for a specified period of time, it falls under special legislation 1b) instead of the sickness allowance. The deductible income is the wage, salary and other income which are included in the assessment basis for determining social security premiums (hereinafter referred to as the "assessment basis') under a special law. 1c)
(2) The sickness allowance is granted on calendar days.
(3) Disability shall be granted from the first calendar day of incapacity for work to the end of incapacity for work or to the recognition of invalidity or partial invalidity. However, sickness benefits shall be granted for a maximum period of one year from the start of incapacity for work ("support period ').
(4) In the case of new incapacity for work, the previous incapacity periods shall also be included in the support period if they fall within one year before the new incapacity arises. However, those periods shall not be counted:
(a) if the employment period has lasted at least six months since the end of the last incapacity for sick work; or
(b) if the new incapacity for work has been caused by an accident at work; an accident at work is treated as an occupational disease in accordance with the pension rules.
The previous period of incapacity for work caused by accidents at work (occupational disease) is also not included in the support period.
(5) Disability may be granted even after the end of the period of support if, on the basis of the opinion of the competent authority, it is possible to expect that the staff member will have a short-term working capacity; However, it may be provided in this way for a maximum period of one year from the end of the support period.
The staff member shall be entitled to sickness for the period of quarantine ordered under special legislation11b); Paragraph 15 (1) second sentence applies mutatis mutandis.
(1) The sickness benefit is determined on the basis of the daily assessment basis established in accordance with Paragraph 18.
(2) The amount of sick leave per calendar day shall be:
(a) 25% of the daily assessment basis from the 1 calendar day of incapacity for work or quarantine to the 3 calendar day of incapacity or quarantine;
(b) 60% of the daily assessment basis from the 4th calendar day of incapacity for work or quarantine to the 30th calendar day of incapacity for work or quarantine;
(c) 66% of the daily assessment basis from the 31 calendar day of incapacity for work or quarantine to the 60th calendar day of incapacity for work or quarantine;
(d) 72% of the daily assessment basis from the 61st calendar day of incapacity for work or quarantine.
(3) The amount of sick leave per calendar day is rounded up to the full crown.
(1) The daily assessment basis shall be established by dividing the assessment basis established from the relevant period by the number of calendar days falling within the applicable period. This number of days shall not include calendar days for which the absence of a worker at work is not due to the reimbursement of the income, including the days for which he has been granted sick leave, support for the care of a family member and maternity allowance, the days for which he is entitled to compensation for income in the performance of the armed forces and civil services3) and calendar days after the end of the employment. For a member of a cooperative referred to in Paragraph 2 (1) (b), entry into employment shall mean the commencement of work for the cooperative; This applies mutatis mutandis to the shareholder and manager of the limited liability company and to the commanditist of the limited liability company referred to in § 2 (1) (c).
(2) The period shall be 12 calendar months before the calendar month in which the incapacity for work arose, unless otherwise specified.
(3) Where an incapacity for work has occurred during a period where 12 calendar months have not elapsed since the entry into employment of the staff member until the end of the calendar month preceding the calendar month in which the incapacity for work arose, the period shall be the relevant period from the entry into employment until the end of the calendar month preceding the calendar month in which the incapacity for work arose.
(4) If the incapacity for work arose in the calendar month in which the staff member entered the service, the period shall be the relevant period from entry to employment until the end of that calendar month.
(5) Where the staff member does not have a deductible income within the relevant period set out in paragraphs 2 to 4, or if there is no deductible income during the relevant period on any calendar day dividing the basis of assessment, the period shall be extended by three calendar months each, so that, in the extended period of the applicable period, the deductible income and at least one calendar day dividing the basis of assessment; However, this period of decision may not begin before the date of entry into employment of the staff member. Where, during the period laid down in paragraphs 2 to 4 or in the first sentence, the staff member does not have a deductible income or if there is no calendar day for which the basis of assessment is divided in the relevant period, the sickness shall be determined on the basis of the deductible income which the staff member would likely have achieved on the calendar day in the calendar month in which the incapacity for work arose; the likely deductible income thus determined per calendar day shall be considered as a daily basis of assessment.
(6) In the case of a worker transferred to another work on account of pregnancy or maternity, the period referred to in the preceding paragraphs shall be determined instead of the date on which she became incapacitated on the date of transfer to another work, where this is more favourable to her.
(7) The amount of the daily assessment basis calculated in accordance with paragraphs 1 to 6 shall be adjusted for the calculation:
a) sick care and support when treating a member of the family by counting 90% of the amount up to CZK 550, 60% of the amount up to CZK 790 and no account is taken of the amount above CZK 790,
b) Compensation allowance in pregnancy and maternity and monetary assistance in motherhood (monetary assistance) in such a way that the amount of up to CZK 550 is calculated in full, the amount of CZK 550 to CZK 790 is calculated 60% and the amount of CZK 790 is not taken into account.
(8) The amount of the daily assessment basis adjusted in accordance with paragraph 7 shall be rounded up to the whole crown.
(9) The provisions of the preceding paragraphs shall apply mutatis mutandis to the determination of sick leave in quarantine ordered under the relevant provisions.
Incapacity for the same incapacity for work shall not exceed 81 calendar days and multiple incapacity for 81 calendar days in one calendar year; These restrictions do not apply if incapacity for work is caused by an accident at work (occupational disease). The sickness benefit shall be granted to old-age or full-time pensioners until the day on which they cease to work.
(1) There is no entitlement to sick leave for those who have incapacity for work
(a) intended to attract sick persons; or
(b) caused by participation in a fight; or
(c) as an immediate consequence of its drunkenness or misuse of narcotic drugs; or
(d) in committing an intentional offence for which the law provides for a custodial sentence whose upper limit exceeds one year.
(2) If the staff member has members of the family, they may be paid sickness benefits up to three quarters in such cases; staff members without family members may, in the cases referred to in points (b), (c) and (d) of the preceding paragraph, be paid sickness benefits up to half.
Support for family care
(1) Aid for the treatment of a member of the family belongs to a staff member (male or female) who cannot work because he must:
1. treat a sick child under 10 years of age; or
2. care for a child under 10 years of age because
(a) a children's educational establishment under the care of which the child otherwise is, or the school to which he attends, has been closed by order of the competent authorities; or
(b) the child cannot be in the care of a child education establishment or attend school for an ordered quarantine; or
(c) a person who otherwise takes care of the child has become ill or has been ordered to be quarantined (quarantine measures) and therefore cannot take care of the child; or
3. Treat another sick member of the family if his or her condition requires urgent treatment by another person.
(2) The condition for providing support for the treatment of a family member is that a child or a sick family member lives with a household worker; compliance with household conditions is not required if the care of a child under 10 years of age goes to a parent.
(3) Aid for the treatment of a member of the family shall be granted for a maximum period of the first nine calendar days where the need for care (care) persists.
(4) Employees who have the permanent care of at least one child of the age up to the end of compulsory education and who are otherwise lonely shall be granted support for the treatment of a member of the family for a maximum period of 16 calendar days, provided that the need for care persists.
(5) Aid for the treatment of a family member shall be fixed in the same way as sickness insurance. The amount of aid per calendar day shall be 60% of the daily assessment basis.
(6) In the same case, the aid belongs to only one beneficiary.
(7) Aid for the treatment of a family member with old-age or full-time pensioners shall be granted no later than the day on which the employment ends.
IMPLEMENTATION OF THE DETERMINATION BASIS
(1) The Government shall, by regulation of 1 January, increase the amounts referred to in Paragraph 18 (7) or the amounts referred to in Paragraph 18 (7) as last amended by the Government Regulation, if the conversion rate for the adjustment of the general assessment base for the purposes of pensions (12), laid down last by the Government Regulation, is greater than 1; the increase is determined by multiplying those amounts by the coefficient shown in the part of the sentence before the semicolon and the resulting amounts are rounded up to the nearest ten crowns.
(2) The amount of sickness insurance benefits to which entitlement arose before 1 January of the calendar year from which the amounts referred to in Article 18 (7) were last increased and that entitlement is maintained at least on that date shall be adjusted without application from that date, according to the new amount of those amounts.
Paragraph 40 shall not apply for 2004 and 2005 and for 2008.
Common provisions on occupational sickness insurance claims.
Family members.
(1) The members of the staff member's family shall be considered to qualify for cash sickness insurance benefits if they are not themselves insured under this law or insured, provided that they are secured under other legislation:
(a) spouse;
(b) children until completion of compulsory education;
(c) children from the end of compulsory education to the age of 26, provided that they are continuously trained or studied for a future occupation or are permanently incapacitated for illness or physical or mental illness;
(d) female (type) if she has been living with a household worker for at least three months.
(2) They shall also be considered as members of the family if they are not themselves insured under this Act or are insured, provided that they are secured under other legislation and that they are mainly dependent on staff:
(a) grandchildren and siblings until the end of compulsory education;
(b) grandchildren and siblings from the end of compulsory education to the age of 26, provided that they are continuously trained or studied for a future occupation or are permanently incapacitated for illness or physical or mental illness;
(c) parents, grandparents, father-in-law and mother-in-law,
(d) a nurse or a daughter who leads a widowed or divorced employee of his household, provided that he takes care of his children until the end of compulsory education.
(3) The former spouse of an employee shall also be considered to be a member of the family if he is not insured under this law or insured himself, provided that he is insured under other legislation and that the employee has a maintenance obligation against him.
The creation of a claim. Withdrawal period.
(1) Benefits of sickness insurance are payable if the conditions applicable to their granting are fulfilled at the time of the insurance under this Act or, in the case of the termination of the insurance, but still during the period during which the staff member receives sickness insurance, aid in the treatment of a member of the family or in the course of maternity assistance, or if they have been completed within the period of withdrawal. However, aid for the treatment of a family member shall not be subject to a withdrawal period.
(2) The withdrawal period is 7 days from the end of employment; However, if the staff member was last employed for a shorter period, the withdrawal period shall be as many days as the latter. For women whose employment ended during pregnancy, the withdrawal period shall be six months.
(3) If insurance is re-established within the withdrawal period under this Act, the withdrawal period shall be suspended for the duration of that insurance. The withdrawal period obtained by the new insurance shall be added to the outstanding balance of the previous withdrawal period up to a maximum of 7 days. In case of security under other regulations, the withdrawal period shall cease. However, the creation of a pension or sickness insurance scheme for self-employed persons shall not result in a withdrawal period in respect of entitlement to sickness and monetary assistance in maternity insurance under this law; in that case, the withdrawal period shall expire only on the date on which the entitlement to such sickness insurance benefits of self-employed persons is acquired, provided that it has not already expired earlier in accordance with paragraph 2.
(4) If a staff member carries out several activities which constitute insurance under this law, the withdrawal period shall be the subject of each of them.
Conversion of benefits rights
Entitlements for sickness insurance benefits due for the same reason shall be assessed separately.
The sickness insurance benefits are also due for the period of permanent residence abroad.
The statute of limitations.
(1) Entitlement to sickness benefit, assistance in the treatment of a member of the family, compensatory allowance in pregnancy and maternity or monetary assistance in maternity for each day shall be limited if it has not been applied within three years of the date for which it is due.
(2) Where entitlement to benefit has been claimed, the period of limitation shall be three years from the date on which the benefit is granted.
(3) The entitlement to reimbursement of the amounts of individual payments of benefits granted wrongly (Paragraph 48 (2)) shall be limited within 10 years of their payment. The limitation period shall not run if deductions from the levy or deductible income are made to pay the benefit unduly.
(4) The claim for compensation caused by the employer by an incorrect procedure for the implementation of sickness insurance (4) is limited for five years from the date on which the social security body found that the benefit was granted unjustly, but not later than 10 years from the date on which the damage occurred.
Cross-claim.
(1) If a staff member or other entitled person dies, he / she shall be entitled to the amounts of cash benefits which have become due until the day of his / her death, by step, by husband (wife), children, father, mother, kind (mate) or siblings, if they were living with the deceased at the time of his / her household death.
(2) Entitlement to cash sickness insurance benefits cannot be transferred or put into pledge. The emoluments of these benefits shall be governed by the provisions on the execution of salaries.
(3) If payment of a benefit to a beneficiary would harm the interests of his children or other members of the family, the competent sickness insurance authority may determine to whom the benefit will be paid. The recipient of the benefit shall use it only for the benefit of the children or other members of the family for which the benefit is intended.
Obligations of staff and other authorised persons.
The staff member or other entitled, after the recipient of the benefit, shall declare the reason for the loss of entitlement to the benefit, as well as any other facts relevant to the duration of the entitlement to the benefit or to its amount and payment, within eight days of the date on which it became aware of the facts; a report of the onset and termination of incapacity for work is required to be submitted without undue delay.
(1) Employees are required to comply with the established treatment regime, (5) follow the instructions of the physician concerned and refrain from making it difficult to restore their ability to work. In addition, they shall be required to request the prior consent of the attending doctor to change the residence for incapacity and to submit to the competent social security authority the documents necessary for the assessment and control of incapacity for work.
(2) The sickness allowance may be temporarily reduced or withdrawn if the staff member has infringed the obligations laid down in paragraph 1. If such an employee has family members, the sickness allowance may only be reduced by a quarter at most. The sickness allowance may be temporarily reduced or withdrawn not earlier than the date of the infringement of the obligations laid down in paragraph 1; where the sickness allowance has already been paid, the amounts paid in respect of the sickness allowance shall be deemed to be overpaid by the staff member who is obliged to pay it back.
Change and refund of benefits.
(1) If the facts relevant to entitlement to the sickness granted change or fall out, aid for the treatment of a member of the family, compensatory allowance in pregnancy and maternity or monetary assistance in maternity or for the amount thereof, or where such benefits have been granted on the basis of a mistake, they may be withdrawn, reduced or suspended, in the absence of cases referred to in paragraph 2, for the future only; However, the increase shall be made retroactively if the claim is no longer limited.
(2) An employee or recipient of a cash benefit who has caused the benefit to be wrongly paid shall be obliged to repay the excess; This is particularly true if he has lured out the dose, withheld any operative event or failed to fulfil any other serious obligation imposed on him by this law or implementing provisions. The sickness allowance payable to an old-age or full-time disability pension beneficiary for a period longer than that provided for in Paragraph 21 shall always be deemed to be an excess. The obligation of a staff member to make good the damage incurred by his employer by acting in accordance with the first sentence shall be governed by the provisions of the Civil Code. If an enforceable decision on the obligation to repay the excess has been issued in the batch procedure, it may be enforced as an insurance premium, no later than 10 years after the date of the decision. Such excess may also be deducted from benefits or wages paid to the person liable for reimbursement; the provisions on amounts which cannot be confiscated in the course of the salary execution apply mutatis mutandis.
Tax exemption.
Sickness insurance benefits are not taxed.
Invalid legal proceedings.
(1) An arrangement to the detriment of workers and their family members or survivors contrary to this law shall be void.
Payment of benefits abroad
(1) Save as otherwise provided in the Interstate Convention or otherwise provided for, benefits shall not be paid abroad. However, the Ministry of Labour and Social Affairs of the Czech Republic may grant an exemption and lay down the conditions for the payment of benefits if the beneficiary is staying in a State with which the Convention is not concluded, in particular because of inter-state reciprocity.
(2) Staff referred to in Article 3 (1) and (2), where their sickness insurance is carried out by an employer, sickness insurance benefits may be paid abroad by the employer, including in non-Czech currency; However, where a salary (salary) or part of the salary (salary) is paid to such a staff member abroad, the employer shall, unless otherwise agreed by the staff member, be obliged to pay him, in the currency in question, both foreign and sickness insurance benefits, to the same extent as the rate in which he pays his salary in that currency.
The Ministry of Labour and Social Affairs of the Czech Republic may, by decree, adjust the details of the duration of the support period and the withdrawal period and the calculation and provision of benefits and determine what is considered to be the childbirth for entitlement to benefits and an accident at work (occupational disease), what other facts are considered to be the transfer to another work for entitlement to compensation in pregnancy and maternity; it may adjust the conditions of insurance, the provision of benefits and the method of calculating them for certain groups of persons, taking into account the specific nature of their activities or the manner in which they are remunerated.
Organisation and management of staff sickness insurance.
Organisation of sickness insurance.
The Ministry of Labour and Social Affairs of the Czech Republic manages the development of sickness insurance, in particular processes concepts and proposals for legislation in sickness insurance, ensures the efficient use of state resources for sickness insurance, coordinates the uniform implementation of sickness insurance, prepares proposals for international agreements and ensures the tasks arising from these agreements; cooperate with other sickness insurance authorities.
Contents
ČÁST PRVNÍ.
§ 2
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9
ČÁST DRUHÁ.
ČÁST TŘETÍ.
Oddíl první.
§ 11
Oddíl druhý.
Oddíl třetí.
§ 15.
§ 16
§ 17
§ 18
§ 21
§ 24.
§ 25
ČÁST ČTVRTÁ
§ 40
§ 40a
ČÁST PÁTÁ.
§ 41.
§ 42.
§ 43
§ 43a
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
§ 50.
§ 51
§ 51a
ČÁST ŠESTÁ.
Oddíl první.
§ 54
Oddíl druhý.
§ 55.
Oddíl třetí
ČÁST SEDMÁ.
§ 59
§ 60.
§ 61.
§ 62.
§ 64.
§ 65.
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Regulation Information
| Citation | Act No. 54 / 1956 Coll., on occupational sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.12.1956 |
|---|---|
| Effective from | 01.01.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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