Decree No. 59 / 1957 Coll.
Declaration on the Agreement between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on Social Policy Cooperation with the Final Protocol
Valid
Effective from 16.01.1957
59
Decree of the Minister for Foreign Affairs
of 21 August 1957
on the Agreement between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on cooperation in the field of social policy with the Final Protocol.
On 11 September 1956 an Agreement was negotiated between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on social policy cooperation with the Final Protocol.
The Government approved the Agreement by the Final Protocol on 4 January 1957.
According to Article 18. The Agreement with the Final Protocol entered into force on 16 January 1957 in exchange for its approval.
The Czech version of the Agreement with the Final Protocol is announced in the Annex to the Collection of Laws. *)
David v. r.
AGREEMENT
between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on cooperation in the field of social policy
The Government of the Czechoslovak Republic and the Government of the German Democratic Republic, led by a desire to regulate social policy relations in a spirit of friendship and cooperation between the Czechoslovak Republic and the German Democratic Republic, decided to conclude the following Agreement and therefore appointed their agents:
THE GOVERNMENT OF THE CZECH REPUBLIC,
Minister for Foreign Affairs
Václav David,
GOVERNMENT OF THE GERMANY DEMOCRATIC REPUBLIC
Deputy Prime Minister and Minister for Foreign Affairs
Dr. Lothar Bolz,
who have exchanged their powers of attorney and found them in good and proper form have agreed on the following provisions:
I. General provisions
Scope of the Agreement
1. Both Parties will cooperate on all issues and on all sections of social policy. This cooperation serves for social progress both in both countries and internationally.
2. To this end, both Parties will promote the exchange of experience, comprehensive mutual knowledge and cooperation between competent authorities and institutions, as well as trade unions and other organisations in the field of social policy.
3. Both Parties will support, where appropriate by providing material resources, mutual visits organised by authorities and institutions, as well as trade unions and other organisations in the field of social policy.
4. The two Contracting Parties shall encourage each other to take care of children, adolescents and workers, carried out by the State, as well as trade unions or other organisations. The details shall be determined by agreement between the competent central authorities of the two States.
5. The Parties undertake to cooperate in the field of social policy, in particular in the search for missing persons, in the procurement of documents and reporting, in the handling of individual personal and family issues.
6. This Agreement also provides for relations between the two Contracting Parties in the field of social insurance in the following sectors:
(a) pension insurance
(b) accident insurance
(c) sickness insurance
(d) family allowances.
Unless otherwise provided for in this Agreement, its provisions on social insurance (pension and accident insurance) shall also apply to public pension and accident insurance measures replacing social insurance. The same applies to pension improvements (supplementary pension insurance) governed by special regulations or guaranteed by contract in connection with the employment (service) ratio.
Principle of equal assessment
1. Citizens of one State, employed in the territory of the other State, as well as their family members, shall be assessed in terms of labour law and social insurance legislation, in particular when providing benefits, as well as their own nationals, unless otherwise provided for in this Agreement. They also have rights and obligations as their own citizens.
2. The same arrangements apply mutatis mutandis to citizens of one State who are temporarily present in the territory of another State or who live in another State and who are needed.
II. Social insurance
Implementation of insurance
1. When carrying out social insurance, except for the provision of benefits, the legislation of the State in whose territory the employment (activity) applicable to insurance (hereinafter referred to as "the State of the Institute ') is carried out shall apply, unless otherwise provided for in this Agreement.
2. According to the legislation of the State of the Institute, insurance and contribution obligations, the beginning and termination of insurance, as well as replacement periods, are assessed.
3. The authorities of the State of the Institute shall be responsible for carrying out insurance.
Provision of social security benefits (pension and accident insurance)
1. Pensions and other pension and accident insurance benefits shall be provided by the insured person of the State in whose territory the insured person or the beneficiary of the family member resides at the time of the entitlement (hereinafter referred to as "the State of residence '), in accordance with his legislation. In doing so, the insurance holder shall take into account periods of insurance (employment) acquired both in his own State and in the other State. This applies mutatis mutandis to the provision of pensions from public pension and accident insurance measures replacing social insurance.
2. If a pensioner is transferred to another State, the pension shall be suspended on the day of the resettlement. This also applies to pensions from public pension and accident insurance measures replacing social insurance, as well as to supplementary pensions from pension benefits (supplementary pension insurance) provided for by special legislation or guaranteed by contract in connection with the employment (service) ratio.
3. The insured person of the State in whose territory the pensioner has been resettled shall provide the resettlement pensioner with a pension under his own legislation; the provisions of paragraph 1 of the second sentence of this Article shall apply mutatis mutandis. Entitlements for pension benefits in these cases shall always be considered to be maintained. If the pensioner returns, the original State's insurance holder shall renew from the date of the pension return (pension, supplement to pension), suspended in accordance with paragraph 2 of this Article.
4. The provisions of paragraph 3 of the first and second sentences of this Article shall apply mutatis mutandis if the insured person or the entitled family member resettle in the second State after entitlement to the benefit has been established but before the grant of the benefit.
5. The authorities of the State of residence shall be responsible for deciding on entitlement to benefit.
6. If a pensioner or an insured person or an authorised family member moves to a third State, the law of the State of which he is a citizen shall apply to the pension payment.
Provision of social security benefits (sickness insurance and family allowances)
1. Cash sickness insurance benefits and family allowances are provided by the holder of the State of residence under his own legislation. It shall also take into account the period of insurance (employment) acquired in the territory of the other State.
2. If an insured person who is entitled to cash sickness insurance benefits at the time of the transfer is transferred to the other State, the payment of such benefits shall be stopped on the day of the transfer. The same applies mutatis mutandis if the child to whom the family allowance was entitled is transferred. In this case, the carrier of the insurance of the other State shall provide cash benefits and family allowances under his own legislation, taking into account the period of insurance (employment) obtained in the first State.
3. Beneficiaries in kind of sickness insurance shall be provided by the carrier of insurance to the State in whose territory the insured person or the entitled family member is present. The details, in particular as regards the scope of the benefits provided, shall be determined by agreement by the competent central authorities of the two States.
4. Cash and benefits in kind for sickness insurance, as well as family allowances, shall be provided to persons who receive a pension under this Agreement under their own legislation by the policyholder of insurance to the State where the pension is paid. The provisions of paragraph 3 of this Article shall apply mutatis mutandis if such persons or their family members are staying in the other State.
5. Persons who reside in the border territory of one State and who work in the border territory of another State shall receive cash sickness insurance benefits as well as family allowances, the carrier of the insurance of the State of the Institute.
Specific provisions for certain categories of staff
1. Social insurance of employees of diplomatic and consular representative offices and other offices and bodies of one Contracting Party having their registered office in the other State shall be governed by the legislation of the sending State, provided that such staff are nationals of that State. The same applies to the insurance of persons employed by the staff of designated offices and bodies if they are nationals of the sending State.
2. For insurance
(a) staff of public transport undertakings of a State of land, air and river which are seconded to the other State for temporary or permanent employment (on connection lines, continuous lines, ports, vessels, airports and the like);
(b) staff seconded by undertakings other than those referred to in (a) which have their registered office in one State for temporary employment in the territory of the other State shall be governed by the law of the State in which their registered office is situated by the administration of the undertaking which these staff are subject to in personal matters (hereinafter referred to as "the State sending").
3. In the cases referred to in this Article, the authorities of the State of the sending State, with the exception of the provision of benefits in kind to the staff referred to in paragraph 2 of this Article, to whom the provisions of Article 5 (3) of this Agreement apply, shall be responsible for carrying out insurance.
Exclusion of reciprocal payments
No compensation shall be granted to the policyholder who provides benefits under this Agreement from the second State. The same applies in cases where an insurance holder makes advances on benefits under his own legislation.
Implementing rules
1. Rules for the implementation of Part II of this Agreement, in particular on the calculation of pensions, may be adopted in both States. Such regulations shall always be communicated to the competent central authorities of the other State.
2. The central authorities of the two Contracting Parties shall immediately communicate to each other changes to their social insurance legislation.
III. Social care
Assistance and care for uninsured persons
1. State citizens of one State residing in the territory of another State who do not have their own insurance rights or as family members of an insured person shall be provided by the State of residence with the necessary assistance and care if they need it to the same extent and under the same conditions as their own citizens.
2. No compensation shall be granted for the costs incurred.
3. The provisions of paragraph 2 of this Article shall be without prejudice to the possibility of seeking compensation from a person who has received assistance or care or from members of a family obliged to provide support to such a person.
4. Care and assistance shall also be provided, where necessary, to national citizens of the other State who receive a pension.
5. The central authorities of the two Contracting Parties shall communicate to each other without delay changes in their social welfare legislation.
IV.
Mutual legal assistance
1. Insurance holders, as well as authorities and other bodies involved in the implementation of social policy in both States, shall provide each other with legal assistance to the same extent as in the implementation of social policy in their own state. The insurance holders of one State are required to provide the holders of the other State's insurance services with the necessary information on the circumstances applicable to the provision of benefits and are required to take the necessary measures to establish these circumstances.
2. The contact between the insurance holders and the authorities and other authorities of both States in the implementation of this Agreement shall take place directly.
Use of the second State's official language
Applications, other submissions and appeals of citizens of one State in matters of social insurance and social welfare, which will be lodged with the holders of insurance, as well as with the authorities and other authorities of the other State, will not be rejected simply because they were written up in the official language of their own State.
Maintaining time limits in proceedings
Applications, other submissions and appeals which must be lodged within a certain period of time to the authorities, the holders of insurance or other authorities of one State shall be deemed to have been lodged in due time if they have been received by the holder of the insurance, the office or another authority of the other State within the prescribed period. In such cases, the application shall be sent without delay to the appropriate place.
Representation of state citizens of the other State
The Consult of each of the Contracting Parties shall be governed by the right to act in person or by the person empowered to do so on behalf of the citizens of its State in all matters governed by this Agreement and to represent the citizens of its State before the holders of insurance, the authorities and other authorities of the other State.
Central authorities implementing this Agreement
This Agreement shall be implemented in both States by the central authorities competent under national law. These central authorities will be in constant and direct contact and meetings of their representatives will be held as necessary to discuss issues related to the implementation of the Agreement and to organise mutual exchange of experience in the field of social policy.
2. The Parties shall communicate immediately after the entry into force of this Agreement which central authorities are competent to implement the Agreement and shall immediately communicate to each other any changes that may arise in the future.
Cooperation with trade union organisations
Both Parties will implement the Agreement in close cooperation with trade union organisations.
Additional agreements
If doubts arise in the implementation of this Agreement as a result of unforeseen circumstances or changes in legislation, or if the implementation of this Agreement gives rise to divergent views on its interpretation, the competent central authorities of the two Contracting Parties shall agree on the application of the provisions of this Agreement.
V. Transitional and final provisions
Retroactive
1. When providing social security benefits under this Agreement, the insurance holder shall take into account periods of insurance (employment) which have been completed before the date on which it takes effect in both one and the other State.
2. The provisions of this Agreement shall also apply in cases where entitlement to the pension or accident benefit was established before the beginning of its effectiveness.
Final provisions
1. This Agreement requires approval under the relevant national provisions of both Contracting Parties and enters into force in exchange for non-approval.
2. This Agreement shall be concluded for a period of five years. It shall be extended for a further period of five years each time unless it is terminated by either Contracting Party at least six months before the expiry date.
3. If this Agreement is terminated, the insurance holders will assess the pensions they have granted under this Agreement until its expiry date, as well as those granted under their own legislation. Entitlements which have been retained under the provisions of this Agreement shall not be extinguished by its denunciation. Further maintenance of these rights after the expiry of this Agreement shall be governed by national law.
This Agreement was drawn up in Prague on 11 September 1956 in two copies, each in Czech and German languages, in which both texts are equally authentic.
To prove this, the agents signed this agreement for the determination and secured it with their seals.
For the Government of the CZECH REPUBLIC
Václav David v. r.
For the Government of the German Democratic Republic
Dr Lothar Bolz v. r.
FINAL PROTOCOL
to the Agreement between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on cooperation in the field of social policy
The following Final Protocol was agreed to the Agreement between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on Social Policy Cooperation:
I.
Article 1, paragraphs 2 and 3:
The exchange of experience and universal mutual knowledge in the field of social policy will take place in particular:
(a) organising exchanges of professional books, journals and other publications between competent authorities, trade unions and other organisations of both States;
(b) exchange of legislation, statistical and other material;
(c) publications on the development and results of the social policy of the other Contracting Party, continuously publishing serious legislative and administrative measures in the professional and daily press;
(d) mutual visits by social policy experts (social insurance, nursing homes and nursing homes, occupational rehabilitation of persons with altered working capacity and others).
Article 1 (4):
The Parties will use the exchange actions of recovery care to continuously converge and strengthen the friendship of their peoples.
II.
Article 2 (1):
Labour legislation means: labour contract, working time and holidays, wages and salaries, protection and safety of work, youth protection, the protection of mothers and children, the status of women at work and the care of persons with altered working capacity.
III.
Articles 4 and 5:
The resettlement after the return of the beneficiary to the other State shall be subject to permanent transfer to that State with the agreement of the two Contracting Parties. This applies mutatis mutandis to resettlement cases prior to the entry into force of the Agreement. In such cases, it is considered that consent has been given unless the circumstances suggest otherwise.
IV.
For Article 10 (1):
The evidence and file supporting documents necessary for the provision of pensions under this Agreement shall be submitted on request to the competent holders of the insurance of the other State.
For Article 10 (2):
Direct contact shall take place through central authorities, in the case of competent regional authorities.
V.
Article 17 (2):
Pensions will be paid upon request. Where an application has already been submitted before the Agreement is effective, the start of payment shall be determined in accordance with national law. If the pension has been awarded and paid before the Agreement is effective by the holder of the insurance covered by the Agreement, it shall remain the same measure. The provisions of Article 7 of the Agreement under which benefits are not paid to each other shall also apply in these cases.
VI.
The provisions of the Agreement shall not apply to pensions and pardons, to honorary pensions and to the provision of war victims. The provisions of the Agreement also do not apply to the provision of benefits in kind.
This Final Protocol forms an integral part of the Agreement between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on Social Policy Cooperation.
Written in Prague on 11 September 1956 in two copies, each in Czech and German languages, both texts being equally authentic.
For the Government of the CZECH REPUBLIC
Václav David v. r.
For the Government of the German Democratic Republic
Dr Lothar Bolz v. r.
On page 19.
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Regulation Information
| Citation | Decree No. 59 / 1957 Coll., on the Agreement between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on Social Policy Cooperation with the Final Protocol |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.11.1957 |
|---|---|
| Effective from | 16.01.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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