Decree No. 579 / 2006 Coll.
Decree laying down the method of choice and the rules of election for administrative boards and supervisory boards of ministerial, sectoral, corporate and other health insurance companies
Valid
Order
Effective from 27.12.2006
Text versions:
11.03.2008
27.12.2006
579
DECLARATION
of 15 December 2006
laying down the method of choice and the rules of procedure for elections to administrative boards and supervisory boards of departmental, sectoral, corporate and other health insurance undertakings
The Ministry of Health provides, pursuant to § 10 paragraphs 3 and 5 of Act No. 280 / 1992 Coll., on departmental, branch, corporate and other health insurance companies, as amended by Act No. 117 / 2006 Coll., hereinafter referred to as "the Act":
Election method
The election of members of the board of directors and supervisory boards of the ministerial, branch, corporate and other health insurance companies (hereinafter referred to as the "employee insurance undertaking ') is secret and indirect.
Election Rules
(1) The election shall be announced by the Director of the Employee Insurance Corporation no later than 60 days before the expiry of the term of office of the current members of the Management Board and of the Supervisory Board or within 60 days before the expiry of the period laid down in Article 26 (1) of the Act, if the first election is to the institutions of the Employee Insurance Institution after the grant of the authorisation for the general health insurance provided for in Article 3 of the Act ("the new Employee Insurance Company"). Proposals of candidates who are insured by an occupational insurance company shall be submitted to the Election Commission within 30 days of the announcement of the elections by the representative employers' organisation and representative trade unions. Within the same time limit, the employers referred to in Article 6 shall communicate to the Election Commission the names of the electors authorised to elect the members of the Management Board and the Supervisory Board.
(2) Until the appointment of the Director of the Employee Insurance Company pursuant to § 9a (1) of the Act by the Management Board established under § 26 (1) of the Act, the new Employee Insurance Company shall perform the tasks of the Director under this Decree by the person responsible for managing the new Employee Insurance Company under the Charter.
(3) The announcement of elections shall indicate the date of the elections, the time of the elections to start and end, the place of elections, the voting room, the deadline for submitting candidates' proposals and the place for accepting candidates' proposals.
(4) The notice of the announcement of an election shall be published by the Director of the Employee Insurance Corporation in a way which allows remote access and shall at the same time send it to the relevant employers' organisations and trade unions; the notification shall also be sent by the Director to the Ministry of Health.
(1) Elections are managed and organised by the Election Commission. The Election Commission shall have seven members.
(2) Six members of the Election Commission are appointed by the Director of the Employee Insurance Company of Employee Insurance. One member of the Election Commission is appointed as Minister of Health of the staff of the Ministry of Health. The members of the Election Commission shall elect a chairman from among their number. The President of the Election Commission shall direct its activities.
(3) Membership of the Election Commission is hereby terminated
(a) the date of termination of the election commission;
(b) death;
(c) the moment when the President of the Election Commission receives a written declaration of resignation from the Election Commission; the written declaration cannot be withdrawn,
(d) the moment when the President of the Election Commission receives the written appeal of the Election Commission member by the person who appointed it; or
(e) on the day of the elections, if the absence of a member of the Election Commission in the Election Room is longer than 3 hours without the approval of the Commission.
(4) For a member of the Election Commission whose membership has expired, the new member shall be appointed by the person who has appointed the member to replace it.
The candidate's proposal shall be accompanied by:
(a) a self-signed declaration by the candidate that he agrees to his or her candidacy and that he is not aware of the obstacles to the selectivity referred to in § 10 (12) and (13) of the Act;
(b) an extract from the register of punishments pursuant to Section 9a (4) of the Act;
(c) a self-signed CV of the candidate.
(1) Before placing a candidate on the Election Commission's candidate list, he shall verify that:
(a) the candidate's proposal has been submitted within the time limit laid down in Article 2 (1) and contains the formalities laid down in Article 4;
(b) the proposed candidate fulfils the conditions laid down in § 10 (7) and (9) of the Act.
(2) The Election Commission shall draw up, on the basis of proposals received which comply with the formalities referred to in paragraph 1, the candidate lists for the election of the members of the Management Board and the Supervisory Board. The candidate list shall be drawn up separately for candidates proposed by representative employers' organisations and especially for candidates proposed by representative trade unions, especially for election to the Management Board and the Supervisory Board. Candidates shall be listed on the lists in alphabetical order.
(3) The election committee shall publish the candidate list no later than 5 working days before the election date in accordance with Article 2 (3).
(1) An employer who has taken out an employee insurance undertaking during the period from the 18th day of the calendar month preceding the calendar month seven calendar months of the calendar month in which the election is to be launched, until the 17th day of the calendar month preceding the calendar month in which the election is to be held, may designate two electors for that period, at least 0,5% of the sum of the premiums, communicated by the competent occupational insurance undertaking to the special account administrator under another legislation1). For each additional 0,5% of the premiums paid, it is entitled to designate two other electors.
(2) In the case of a new employee insurance undertaking, an employer who has completed a new employee insurance undertaking during the period from the 18th day of the calendar month following the calendar month in which the new employee insurance undertaking was entered in the commercial register, until the 17th of the fifth calendar month following the calendar month in which the new employee insurance undertaking was entered in the commercial register, may designate two electors for that period, at least 0,5% of the sum of the amounts of the premiums communicated to the new employee insurance undertaking manager under another legislation. For each additional 0,5% of the premiums paid, it is entitled to designate two other electors.
(3) A vote is entitled to be taken by an electorate to prove to the members of the Election Commission that they are a valid civil document or a valid passport, an officially certified written mandate from the statutory body of the employer and an extract from the register or other evidence certifying that they are employers under the Public Health Insurance Act (2). The elector may not be a candidate for a member of the Management Board or Supervisory Board at the same time.
(1) Candidates proposed to be members of the Management Board and candidates nominated to be members of the Supervisory Board shall be placed on voting lists in alphabetical order. It must be clear from the ballots to which institution of the occupational insurance undertaking candidates are proposed and whether they are proposed by representative employers' organisations or candidates proposed by representative trade unions. At the end of the text, the ballot is stamped by the employee insurance company.
(2) The voters will receive the relevant ballots no later than 1 hour before the election starts.
(3) Before entering the ballot box, the electorate shall enter the area designated for adjusting the ballot and adjust the ballot by circling the candidate's serial number for the candidates they elect. Where members of the Management Board of the Employee Insurance Corporation are elected, a maximum of five candidates proposed by representative employers' organisations and five candidates proposed by representative trade unions may be so designated. Where members of the supervisory board of an occupational insurance undertaking are elected, a maximum of three candidates proposed by representative employers' organisations and three candidates proposed by representative trade unions may thus be designated. If the voter does not indicate on the ballot any candidate or more candidates than those mentioned in the sentence of the second sentence or breaks the ballot, his vote shall be void.
(4) At the end of the election, the ballot box will be opened in the voting room with the participation of all the members of the election committee. The Election Commission shall sum up the number of votes cast to each candidate and shall draw up their order according to the number of votes.
(5) The members of the Management Board of the Employee Insurance Corporation shall be elected by those candidates who, according to the number of votes cast, shall be placed in the first five places of the two candidate lists. Candidates who place themselves in other places shall be alternate members of the Management Board in the order of the number of votes cast. The members of the Supervisory Board of the Employee Insurance Corporation shall be elected by those candidates who, according to the number of votes cast, shall be placed in the first three places of the two candidate lists. Candidates who place themselves in other places shall be replaced by members of the Supervisory Board in the order of the number of votes cast.
(6) In the event that more than one candidate is awarded the same number of votes at the optional places referred to in paragraph 5, the selected candidate shall be decided by drawing lots. The casting shall be carried out by the President of the Election Commission in the presence of all its members. A record shall be drawn up of the result of the draw, signed by the President and at least two other members of the Election Commission. Candidates who have not been elected by lot as members of the Supervisory Board or the Management Board shall become alternates.
(7) The order of the alternates shall be determined by the number of votes cast to each candidate who shall:
(a) in elections to the Management Board at sixth and other places from candidates proposed by representative employers' organisations or candidates proposed by representative trade unions;
(b) in the elections to the Supervisory Board at the fourth and other places from candidates proposed by representative employers' organisations or candidates proposed by representative trade unions;
(c) in the event of a tie between the number of votes cast, the provisions of paragraph 6, second and third, shall apply mutatis mutandis to the order of the alternates.
(1) On the day of the elections, the Election Commission shall draw up, in two copies, a record of the course and outcome of the elections, which shall always include:
(a) details of which institution of the occupational insurance undertaking concerned the choice;
(b) an indication of the number of voters and their names;
(c) the number of valid and invalid ballots surrendered;
(d) the order of the candidates according to the number of votes cast and, where appropriate, the draw protocol;
(e) the date on which the minutes are drawn up,
(f) the signature of all members of the Election Commission; If one of the members of the commission withdraws the signature, the reasons for the registration shall be given in the annex.
(2) The minutes of the conduct and outcome of the elections and of any documents relating to the elections, in particular valid, invalid and unused ballots, documents certifying the mandate of the electorate, documents proving the integrity of the candidates elected pursuant to Paragraph 9a (4) of the Act, shall be transmitted by the President of the Election Commission to the Director of the Employee Insurance Company no later than 24 hours after the end of the election.
(3) The Director of the Employee Insurance Corporation shall publish the results of the elections in a manner enabling remote access within three working days of receipt of the minutes and shall inform the elected members of the Management Board and the Supervisory Board in writing. The Director of the Employee Insurance Corporation shall also inform in writing the elected alternates of the members of the Management Board and the Supervisory Board of their position in the elections. A copy of the record of the conduct and outcome of the elections shall be sent to the Ministry of Health.
(4) The Employee Insurance Corporation shall keep a copy of the minutes of the conduct and outcome of the elections and any documents relating to the elections relating to at least the term of office of the members of the Management Board and the members of the Supervisory Board concerned by the elections.
If there is no substitute for a member of the board of directors or a member of the supervisory board of an occupational insurance undertaking elected from candidates proposed by representative employers' organisations or from candidates proposed by representative trade unions, additional elections shall be held. In the case of supplementary or first-time elections to the bodies of a new employee insurance undertaking, the provisions on the election shall apply mutatis mutandis, with the possibility that the time limits referred to in Paragraph 2 (1) may be reduced accordingly, but not more than half.
This decree shall take effect on the day of its publication.
Minister:
Dr. Julinek, MBA v. r.
1) Paragraph 21 (1) of Act No. 592 / 1992 Coll., on General Health Insurance Insurance, as amended.
2) Paragraph 2 (2) of Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws, as amended.
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Regulation Information
| Citation | Decree No. 579 / 2006 Coll., laying down the method of choice and the rules of procedure for election to administrative boards and supervisory boards of ministerial, branch, corporate and other health insurance companies |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.2006 |
|---|---|
| Effective from | 27.12.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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