Decree No. 54 / 1976 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on certain amendments to Decree No. 104 / 1964 Coll., implementing the Act on the security of cooperative peasants in sickness and on the security of the mother and child, as amended
Valid
Effective from 01.06.1976
54
DECLARATION
Federal Ministry of Labour and Social Affairs
of 28 May 1976
on certain amendments to Decree No. 104 / 1964 Coll., implementing the Act on the security of cooperative peasants in sickness and on the security of the mother and child, as amended
The Federal Ministry of Labour and Social Affairs provides, pursuant to Article 144 of Act No. 103 / 1964 Coll., on the security of cooperative peasants in sickness and on the security of the mother and child, as amended by Acts No. 141 / 1965 Coll., No. 116 / 1967 Coll., No. 89 / 1968 Coll., No. 161 / 1968 Coll., No. 71 / 1970 Coll., No. 106 / 1971 Coll., No. 99 / 1972 Coll., and No. 121 / 1975 Coll. ("the Act '), in an agreement with the Federal Ministry of Agriculture and Nutrition, with the Ministries of Labour and Social Affairs of the Republicans, with the Central Council of Unions and other participating central authorities:
Decree No. 104 / 1964 Coll., implementing the Act on the security of cooperative peasants in sickness and on the security of the mother and child, as amended by Decree No. 142 / 1965 Coll., No. 117 / 1967 Coll., No. 92 / 1968 Coll., No. 180 / 1968 Coll., No. 76 / 1970 Coll. and No. 128 / 1975 Coll., is amended as follows:
1. The following Section 1 is inserted before Section 1:
"Introductory provisions
Participation in the health and security of the mother and child
Article 4 (3) of the Act
(1) A member of the cooperative is a member of sickness and child security only if, in at least six months in a calendar year, he has worked for at least eight working days or has reached at least 120 CZK per month on the remuneration of the money.
(2) A member of a cooperative whose membership of a cooperative has been created or has ceased to exist during a calendar year shall be a member of sickness and child security if, for at least half of the months in which it lasted in the calendar year, he has worked to the extent specified in the preceding paragraph.
(3) A member of a cooperative for which some of the reasons referred to in paragraph 4 have lasted for a full calendar month (full calendar month) shall be a member of the sickness and child security for the part of the calendar year in which those reasons did not last if at that time he worked for at least half of the months to the extent referred to in paragraph 1.
(4) The reasons referred to in the preceding paragraph are:
(a) incapacity for work (Section 8 of the Act),
(b) maternity leave and other maternity leave (Section 20 of the Act);
(c) military basic service;
(d) the performance of public functions;
(e) study (§ 19),
(f) political and professional training;
(g) work carried out outside the cooperative with the consent of the cooperative;
(h) the care of a child (even an adopted or other child who has been taken over by a parent) under the age of three, or of an invalidity minor who has needed permanent care, unless he has been placed in an institution for such children;
(ch) preparation for work;
(i) receiving an invalidity pension until entitlement to or change to a partial invalidity pension has ceased;
(j) care for a loved one who has been predominantly or completely helpless and has not been placed in a care institution or similar medical institution. "
2. Paragraph 1 is renumbered Article 1a and reads:
Revenue from work
Article 9 and 22 of the Act
(1) The following shall be included in the income from work to calculate the average daily wage:
(a) basic remuneration, including allowances and allowances for such basic remuneration;
(b) the premium, performance and exceptional remuneration paid for the results of the work of a member of the cooperative and included in the costs of the cooperative;
(c) the premiums and fees for which special-purpose subsidies were granted to the cooperative;
(d) in kind (1))
(2) The following shall not be included in the occupational income for the calculation of the average daily pay:
(a) remuneration paid under the rules on discoveries, inventions, improvements and industrial designs; (2) the remuneration for the development, testing or introduction of the discovery, invention, improvement or industrial design, as well as the remuneration for the warning of the use of the invention or improvement proposal already used in another organisation3);
(b) in-kind benefits, financial compensation for non-recovered benefits and other benefits, provided that the income in question belongs to a member of the cooperative even at the time of incapacity for work;
(c) shares in economic results;
(d) annual remuneration for managers;
(e) stabilisation fees for years worked and stabilisation recruitment fees;
(f) compensation for the remuneration paid to members of the cooperative for the period during which they had not worked (e.g. for a blocked leave) and compensation for the outstanding leave for the recovery;
(g) sickness and maternity benefits or other similar benefits, including maternity benefits;
(h) reimbursement of service expenses (reimbursement of travel and removal expenses, severance payments, overheads, etc.),
(ch) compensation for damage (e.g. accidents at work and occupational diseases). ';
3.
Article 9 of the Act
(1) The average daily wage shall be calculated on the basis of the total deductible revenue referred to in paragraph 1a (hereinafter referred to as "deductible revenue") and settled in the cooperative during the relevant period. The period shall, unless otherwise specified, be the calendar year immediately preceding the establishment of the entitlement to sickness and maternity benefit.
(2) If a member of the cooperative has entered the cooperative only during the calendar year preceding the establishment of the entitlement to benefit, the period shall be the period of entry into the cooperative until the end of that calendar year.
(3) Where a member of the cooperative has not worked in the relevant period under the previous paragraphs at least:
(a) 70 days if the weekly working hours are set out in 5 working days or unevenly, or if the working hours are set out in less than 5 working days per week;
(b) 80 days if the weekly working time is more than 5 working days;
the period shall be extended until the end of the accounting period immediately preceding the establishment of entitlement to the benefit. The day on which a member of the cooperative worked to the extent set out in Paragraph 22 (1) or had an undeclared absence at work shall be deemed to have been worked.
(4) If a member of the cooperative has entered the cooperative during the current calendar year, the period shall be the period of entry into the cooperative until the end of the accounting period immediately preceding the establishment of the entitlement to benefit.
(5) As at the time of joining the cooperative, the relevant period shall be assessed if a member of the cooperative has reached an agreement.
(a) to take up work after the continuous preparation for the future occupation;
(b) re-entry into work after leaving public office for at least one year, after completion of basic (replacement) military service, further maternity leave and imprisonment,
(c) to change the method of remuneration, consisting of a member of the cooperative remunerated by an hourly basic remuneration being remunerated by a monthly basic remuneration or vice versa;
(d) to change the way in which remuneration is to be paid in the course of the transition to mixed or share basic remuneration from another form of basic remuneration and vice versa;
(e) to transfer to another work in connection with the imposition of a penalty for corrective action, (4) to a prohibition of action (5), or to return from it after such a penalty has ended.
(6) In the event of a permanent change in the basic wage (6), deductible revenue is collected
(a) a member of the cooperative with a monthly basic wage on the new basic salary and separately from other deductible income;
(b) a member of the cooperative with an hour of basic remuneration from new regularly settled monthly deductible income and separately from other deductible income.
In order to determine the new commonly settled monthly deductible income of a member of the cooperative with an hourly basic wage, the period shall begin from a permanent change in the basic wage and shall end in the same way as the period referred to in the preceding paragraphs. In order to determine the other deductible revenue referred to in points (a) and (b), the period of the period laid down in the preceding paragraphs shall be the period of time, irrespective of the permanent change in the basic salary.
(7) If a member of the cooperative has been granted a compensatory allowance in pregnancy and maternity for part of the relevant period, the average daily wage shall be determined only for the remainder of the relevant period.
(8) If a member of a cooperative has not worked within the relevant period of the number of days referred to in paragraph 3 or if his incapacity for work has arisen already in the calendar month in which he joined the cooperative or in which the case referred to in paragraph 5 occurred, the sickness benefit shall be determined on the basis of probable deductible income.
(9) Likely deductible income shall be collected if the incapacity for work has already occurred in the calendar month in which the member of the cooperative entered the cooperative or in which the case referred to in paragraph 5 occurred at the date of the incapacity. In the event of incapacity for work arising during the next settlement period, the likely deductible revenue shall be collected again, for each period until the end of the accounting period preceding the date of incapacity for work. This shall be done until the cooperative member has completed the number of days referred to in paragraph 3 within the relevant period.
(10) Likely deductible income shall be collected from deductible income which a member of the cooperative has achieved in the period referred to in the preceding paragraph, adjusted where appropriate to the deductible income of the members of the cooperative performing the same or similar work in the cooperative. Likely deductible income shall be reduced proportionally to the number of working days for an undeclared absence of work, in proportion to the number of days of undeclared absence of work in the period from which it is ascertained (§ 3 (1)). '
4. In Paragraph 3 (1), the words "and the working days missed by the cooperative between the end of the period in question and the date on which entitlement to the benefit was acquired 'shall be added.
The following paragraphs 5, 6 and 7 are added:
"(5) Where a member of the cooperative has been cleared in the relevant period to pay the deductible annual premium or annual remuneration due for the calendar year immediately preceding the year in which it was cleared, the average shall be determined separately from the other deductible revenue by dividing the deductible annual premium or annual remuneration by the number of working days (paragraph 1) in the calendar year for which it belongs. This average shall be added to the average determined in accordance with the preceding paragraphs from deductible revenue less this annual premium or annual remuneration. Where two such annual premiums or annual remuneration have been settled in the relevant period, the sum of the two annual premiums or annual remuneration shall be divided by the number of working days (paragraph 1) in the calendar years for which they are due.
(6) In the event of a change in working time, the deductible revenue shall be determined, as in the case of a permanent change in the basic wage, with the difference that the amount of other deductible revenue settled before the change in working time shall be adjusted in proportion to the new and earlier working time.
(7) The amount of 100 CZK fixed as the highest average daily wage for determining the amount of the sickness allowance (Section 9 (1), Section 14 of the Act) and monetary assistance in maternity (Section 22 (1) of the Act), or as the highest income from the working day for determining the compensation allowance in pregnancy and maternity (Section 19a (3) of the Act), applies on a six-day working week. This amount shall be increased proportionally if the working time is allocated to less than 6 working days per week; for a five-day working week, 120 CZK. Similarly, the adjustment of cash benefits in the run-up to sickness and maternity and child benefits (Section 29 (2) of the Act) shall be carried out. '
5. Article 10 (1) reads as follows:
"(1) The percentage of sickness and assistance for the treatment of a member of the family shall be determined according to the duration of the working period which a member of the cooperative would have completed by 31 December of the current calendar year in which entitlement to the benefit was acquired. If the work incapacity (quarantine) is passed to the next calendar year, it shall be sick as from 1 January of that next year at the percentage resulting for the member of the cooperative on 31 December of that next year; This shall apply mutatis mutandis to support in the treatment of a family member. ';
Paragraph 2 is deleted. Paragraph 3 shall become paragraph 2.
6. Article 11 is deleted.
7. In Article 12 (3), the present quote "§ 2 (5) 'is replaced by" § 2 (8)'.
8. The following Section 12a is inserted after Section 12:
An occupational accident in respect of the provision of sickness is an accident considered to be an accident in accordance with social security rules. "7)
9. In Paragraph 16a (3), the second sentence reads: "The reasons for which, for the purposes of pension insurance, certain days are compared to working days are considered serious." 8)
At the end of paragraph 4 of the same paragraph, the word "out of a maximum of CZK 100, including in kind the value provided as part of the remuneration 'shall be added.
In paragraph 5 of the same section, the present quote "§ 1 'is replaced by" § 1a'.
10. Paragraph 18 (2) reads as follows:
"(2) If a co-worker has entered a new maternity leave no later than the month after her previous child reached 2 years of age and a co-worker has fulfilled the conditions for entitlement to maternity benefit on the date of birth of that child (§ 20 (3) to (5) of the Act), or on the date of taking over the child into permanent care replacing maternity care (§ 25 (1) of the Act), she shall be entitled to this allowance on a new maternity leave, on the same average daily pay as in the previous maternity leave. However, financial assistance for maternity shall also be provided for in the new maternity leave provided for in the general provisions on this allowance, provided that, in the meantime, from the end of the previous maternity leave to the beginning of the new maternity leave, she has been working on the cooperative for at least 25 days and is more favourable to it. '
In paragraph 3 of the same paragraph, the words "a cooperative treated a member of the family with proven care in circumstances in which a member of a cooperative with a higher level of management would be deleted."
The following paragraph 4 is added:
"(4) In the event that a new maternity leave has taken place after the expiry of the period referred to in paragraph 2, the cooperative shall be counted against the period of the previous maternity leave until 270 days of sickness and child protection (Section 20 of the Act). '
11. Article 22 (1) reads as follows:
"(1) A working day shall be deemed to be the day on which a member of a cooperative who verifies or has established, with the agreement of the competent authorities, a uniform system of remuneration for work has worked for him working time resulting from the rules governing the working hours of members of single agricultural cooperatives, 9) and, if it is a member of another cooperative, working time resulting from the cooperative arrangements. If a member of the cooperative has not worked throughout the prescribed working hours, the day shall be deemed to have been worked, only if the absence of a member of the cooperative at work for the remainder of the working hours has been excused by the cooperative. '
12.
Children's allowances shall be payable to the grandson and sibling of a member of the cooperative or his spouse, provided that the conditions laid down for entitlement to children's allowances are met, provided that the member of the cooperative has a grandson (siblings) in direct care and that no child allowance (education) can be granted from the child's security (insurance). ';
13.
"(1) In order to calculate the contribution to the part-payment of social security costs (sickness, maternity and child security, and pension insurance), income of cooperatives liable for pension purposes shall be considered as remuneration for work, including in kind benefits." 10)
14. In Paragraph 90 (1) (1) (c), the current citation "§ 1" is replaced by the citation "§ 1a" and the words "where appropriate, the decision of the District National Committee on the calculation of the calendar year in which the cooperative did not work on a working time shall be deleted."
15. § 99 and 99a shall be deleted.
16. In Article 101, the words "except for the provisions relating to the adjustments referred to in Article 148 (2) of the Act are deleted; those provisions shall take effect on 1 January 1965. ';
If the facts relevant for the granting of the benefit occurred before 1 June 1976, the procedure shall be followed in accordance with the existing provisions. In assessing the participation of a member of the cooperative in sickness and mother and child security in the period from 1 January 1976, the procedure laid down in Article 1 shall apply.
This Decree shall take effect on 1 June 1976.
Minister:
Štancež v. r.
1) Paragraph 14 (1) (c) No 4 of Decree No. 128 / 1975 Coll., implementing the Social Security Act.
2) Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and designs; Decree No. 106 / 1972 Coll., on remuneration of discoveries, inventions, improvements and designs.
3) § 21 of Decree No. 106 / 1972 Coll.
4) Articles 43 to 45 of the Criminal Act.
5) § 49 and 50 of the Criminal Act
6) Section 116 of Act No. 122 / 1975 Coll., on Agricultural Cooperative.
7) § 27 of Act No. 121 / 1975 Coll., on Social Security, § 30, § 45, § 53 to 58, § 60 and 62, § 65 to 67 of Decree No. 128 / 1975 Coll.
8) § 3 (3) of Decree No. 128 / 1975 Coll.
9) Decree of the Government of the Czech Republic No. 138 / 1975 Coll., implementing certain provisions of the Act on Agricultural Cooperatives.
10) § 14 (1) (c) No 1 to 5 of Decree No. 128 / 1975 Coll.
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Regulation Information
| Citation | Decree No. 54 / 1976 Coll., on certain amendments to Decree No. 104 / 1964 Coll., implementing the Law on the security of cooperative peasants in sickness and on the security of the mother and child, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.05.1976 |
|---|---|
| Effective from | 01.06.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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