Act of the Czech National Council No. 590 / 1992 Coll.
Act of the Czech National Council amending and supplementing the Act of the Czech National Council No. 582 / 1991 Coll., on the organisation and implementation of social security, and some other laws
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Effective from 01.01.1993
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590
THE LAW
Czech National Council
of 20 November 1992
amending and supplementing the Act of the Czech National Council No. 582 / 1991 Coll., on the organisation and implementation of social security, and certain other laws
The Czech National Council decided on this law:
Act of the Czech National Council No. 582 / 1991 Coll., on the organisation and implementation of social security, is amended as follows:
1. In Article 1, the words "and the selection of the contribution to the state employment policy" are inserted after the words "the competence of the authorities of the Czech Republic in social security," and at the end, the dot is replaced by a comma and the words "including the management of social security premiums and the contribution to the state employment policy."
2. In Paragraph 4 (2), the words "the Panel of Assessment of the Regional Social Security Administration 'are replaced by the words" the doctors of the District Social Security Administration, with the exception of the decision under Paragraph 8a (4)'.
3.
"(b) collects social security contributions and contributions to state employment policy under a special law, 30)."
4. the words "including spa care" shall be deleted from Paragraph 6 (4) (a) (6).
5. Article 6 (4) (a) (7) reads as follows:
'7. on social security contributions and contributions to national employment policy, on periodic penalty payments and the premium on social security contributions, ';
6. the words "and periodic penalty payments" shall be deleted from Paragraph 6 (4) (a) (10).
7. in Article 6 (4) (a), the following new No 20 is added:
"20. on the cessation of temporary incapacity for work in the cases provided for in this Act. '.
8. in Article 6 (4), the following point (d) is inserted after point (c):
"(d) provide sickness and cash support to students of higher education and secondary school pupils in cases provided for in the rules on sickness insurance, 31) and arrange for their payment;"
Points (d) to (o) shall be renumbered as points (e) to (p).
9. In Article 6 (4) (g), the following words shall be added at the end: "and provide those citizens with sickness insurance after the end of their sickness insurance in cases where they are still entitled to claim them and their family members and arrange for their payment."
(10) In Paragraph 6 (4) (k), the following words are added at the end: "and the calculation of military service periods in non-Allied armies, which were carried out by the mandatory citizens during the period of infreedom, including the period of captivity."
11. in Article 6 (4) (o) (1), the words "(small organisations)" shall be inserted after the words "organisations."
12. the following words are added at the end of Paragraph 6 (4) (p): "citizens born before 31 December 1968."
13. in Article 6 (4), the following points (q) to (t) are inserted after point (p):
"(q) assess the state of health and working capacity of citizens to the extent provided for by this Act (§ 8) and, in view of the efficient use of social security funds, also check the medical documentation for deciding on the entitlement and the amount of sickness insurance benefits (§ 8a) and respect for the treatment regime of incapacitated work (§ 8b);
(r) collect social security contributions and contributions to state employment policy under a special law, 32)
(s) carry out pre-trial procedures for the purposes of pension insurance for citizens in cases where this obligation cannot be fulfilled by an organisation if requested by a citizen;
(t) keep records of the work of incompetent citizens. ';
14. in Article 7 (b), "§ 6 (4) (c), (d), (e), (f) No 1, 3, 4 and 5, (h), (ch), (j) and (o)" is replaced by "§ 6 (4) (c), (d), (e), (f), (g) 1, 3, 4 and 5, (ch), (i), (k), (p), (r) and (s)";
15. in Article 7 (c), "§ 6 (4) (f) No 2" is replaced by "§ 6 (4) (g) No 2; if a small organisation is a natural person, the local jurisdiction of the district social security administration shall be governed by the place of permanent residence of the natural person,"
16. in § 7 (d), "§ 6 (4) (l), (m) and (n) No 2" is replaced by "§ 6 (4) (m), (n) and (o) No 2";
17. in Article 7, the following point (e) is inserted after point (d):
"(e) the place of work of the treating doctor who keeps the citizen in the register of incompetent persons in the cases referred to in Article 6 (4) (t)."
18. In Paragraph 8 (1), the sentence behind the semicolon reads: "To this end, they judge their doctors."
19. in Paragraph 8 (2) (a), the words "the assessment committee" shall be replaced by the words "doctors of the district social security administration."
20. Paragraph 8 (3) shall be deleted. Paragraphs 4 to 10 shall become paragraphs 3 to 9.
21.
"(3) If the doctors of the relevant district social security administration become unfit to act on grounds of bias, the Czech Social Security Administration will entrust the assessment of the health status and working capacity of the citizen to another district social security administration."
22. in Article 8 (6), "paragraphs 5 and 6" shall be replaced by "paragraphs 4 and 5."
23. in Paragraph 8 (7), "paragraphs 5 and 6" shall be replaced by "paragraphs 4 and 5."
24. the following Sections 8a and 8b are inserted after Section 8, including the headings:
Control of temporary incapacity assessment
(1) County social security administrations carry out checks by their doctors to assess temporary incapacity for work.
(2) The examination of temporary incapacity shall be carried out at the place of work of the treating doctor or at another place designated by the district social security administration's doctor, as a general rule with the personal participation of the citizen concerned. The doctor of the district social security administration may determine in which cases the presence of the citizen in question is not necessary. The participation of the citizen concerned is provided by his attending physician.
(3) The medical practitioner shall send to the competent district social security authorities evidence of temporary incapacity and termination, no later than the working day following that on which they were exposed.
(4) If the county social security authority's doctor finds that the health status of the citizen concerned does not require recognition or continued temporary incapacity, the district social security administration shall take a decision to terminate temporary incapacity unless the treating doctor does so.
(5) The local jurisdiction of the district social security administration in the cases referred to in paragraphs 1 to 4 shall be governed by the place of work of the treating doctor who keeps the citizen in the register of incapacity. Paragraph 8 (3) shall apply mutatis mutandis.
Control of respect for the treatment regime of incapacitated work
(1) A check of compliance with the treatment scheme by an incapacitated citizen may also be carried out by the district social security administration on the initiative of its treating doctor, an organisation (small organisation) which pays him sick leave or an employment office which conducts the work of an incapacitated citizen in the register of jobseekers.
(2) The outcome of the check of compliance with the treatment scheme by an incapacitated citizen shall be notified by the district social security administration to the incapacitated citizen if an infringement of the treatment scheme has been detected and by its treating physician, the organisation referred to in paragraph 1 and the employment office referred to in paragraph 1, provided that the check of compliance with the treatment scheme has been carried out on their initiative or found to have been infringed.
(3) The workers of the district social security administration carrying out checks on compliance with the treatment regime of incapacitated workers are obliged to prove their right to be checked, the work of an incapacitated citizen is obliged to provide these workers with proof of incapacity for work.
(4) The treating doctor shall be obliged to inform the workers of the district social security administration carrying out checks on compliance with the treatment regime by unable citizens on request of the facts needed to carry out the check.
(5) The local jurisdiction of the district social security administration in the cases referred to in paragraphs 1 to 4 shall be governed by the place of permanent residence of the incapacitated citizen or by the place where the incapacitated citizen resides with the consent of the attending physician. ';
25. Paragraph 9 (6) shall be deleted. Paragraph 7 shall become paragraph 6.
26. In Section 11, the words "medical devices 33) 'are inserted after the words" public authorities' and the words "medical devices 33) 'are inserted after the words" public authorities'.
27. Article 16 (1) reads as follows:
"(1) Health care institutions shall, in return for payment, carry out an examination of the health status of citizens in the proceedings on social security benefits, lend the necessary medical documentation to the doctors of the social security authorities and allow them to be consulted, issue medical records, medical findings, reports and reports on the progress of the disease, and the necessary reports and documents to be required to decide on the social security allowance and to check the assessment of temporary incapacity for work within the time limit set by that authority and, if not specified, within eight days of receipt of the call. '
28. in Paragraph 17 (1), the sentence behind the semicolon shall be deleted.
29. In Paragraph 17 (2), the words "and a member of an agricultural cooperative with which membership is also part shall be deleted '.
30. in Paragraph 18 (2) (d), the words "and artistic" and "or artistic" shall be deleted.
Article 19 (3) reads as follows:
"(3) The organisation is obliged to make good on behalf of the Czech Social Security Administration the damage caused by the state by malpractice in carrying out sickness insurance."
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
32. in Article 19 (4), "§ 6 (4) (l)" is replaced by "§ 6 (4) (m)"; in paragraph 5, the word "manager 'is replaced by" statutory representative';
Article 22 (f) reads as follows:
"(f) the benefits paid and the amount of social security premiums paid and the contribution to the state employment policy;"
Article 24 (1) and (2) shall be deleted. At the same time, paragraph 3 is deleted.
35. Sections 25 to 28, 30 and 31 are deleted.
36. in Paragraph 32, "§ 6 (4) (f)" is replaced by "§ 6 (4) (g)" and "§ 65 (4) (b), (c), (d) and (e)" is replaced by "§ 6 (4) (b), (c), (d), (e) and (f)";
The current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Benefits of sickness insurance shall be paid monthly by the district social security authorities in advance, no later than the end of the calendar month following the month for which they are due, provided that the entitlement has been exercised in a timely and prescribed manner. ';
37.
The rights of social security authorities referred to in Sections 11, 13 and 15 shall apply mutatis mutandis to small organisations. Paragraph 19 (3) shall apply mutatis mutandis to small organisations. '
38. in Paragraph 36 (f), the words "and artistic" are deleted.
39. Paragraph 37 (1) (d) and (i) shall be deleted. Points (e) to (h) shall be renumbered as points (d) to (g).
40. Paragraph 37 (2) (a) shall be deleted. Points (b) and (c) shall become points (a) and (b).
41. in Paragraph 37 (4), the words "(a), (b) and (d) or (g), as the case may be," shall be replaced by "(a) and (b) or (f) respectively."
42. In Paragraph 37 (6), the words "a marketing authorisation (permit to carry out an activity), if issued, shall be replaced by the words" permit to operate. "and the words" paragraph 1 (a), (b), (g) and (h) "shall be replaced by" paragraph 1 (a), (b), (f) and (g). "
43. Paragraph 38 (2) shall be deleted. At the same time, paragraph 1 shall be deleted.
44. in Paragraph 41 of the title and paragraph 1, the word 'workers' shall be deleted.
45. The first sentence of Paragraph 48 (1) reads: "A self-employed person who is obliged to pay social security contributions shall be required to submit applications and sickness insurance contributions to the competent district social security administration on the prescribed forms within eight days of the start or end of the self-employment activity; within the same time limits, the self-employed person shall be required to submit the application after the sickness insurance has been re-established and the check-out from the sickness insurance. ';
46. In Article 48 (2), the words "and pension insurance '," and pension insurance' and "and pension insurance 'are replaced by the words" insurance'.
47. Part Five, including the title, reads:
FINES
(1) For failure to fulfil or breach the obligations laid down in § 48 (1) and (2) of this Act and in § 46 of Act No. 54 / 1956 Coll., on the sickness insurance of employees, the competent district social security administration may impose fines on a self-employed person up to a cumulative amount of 10 000 CZK in one calendar year. For failure to fulfil or breach the obligations laid down in the third sentence of Paragraph 48 (1), the competent district social security administration may impose fines on the cooperating person up to a aggregate amount of CZK 10 000 in one calendar year.
(2) For failure to fulfil or breach the obligations laid down in the second sentence of Paragraph 15, paragraphs 20 to 22, 29, 33 (1) and (2), and 34 (1), (2) and (3), the competent district social security administration may impose a fine on the organisation (small organisation) of up to 10 000 Kns for each individual failure or breach.
(3) For non-compliance or non-compliance with the obligations laid down in Articles 8a (3), 8b (4), 16 (1) and 47 (1), the competent district social security administration may impose a fine on the health care establishment of up to 10 000 CZK and, in the event of non-compliance or breach of obligations for which a fine has already been imposed, a fine of up to 100 000 CZK.
(4) For non-compliance or non-compliance with the obligations laid down in Sections 37 to 41, 43, 44 and 83 of this Act and in Section 108 of Act No. 100 / 1988 Coll., on social security, as amended by Act No. 582 / 1991 Coll., the competent district social security administration may impose a fine on the organisation up to 100 000 Kčs and, in the event of non-compliance or infringement of which a fine has already been imposed, a fine up to 500 000 Kčs.
(5) The fine may be imposed within one year of the date on which the competent district social security administration became aware of the failure or infringement, but no later than five years from the date on which the infringement or infringement occurred. The penalty may not be imposed if the organisation has already been fined or other property penalties imposed by another authority under other legislation for the same failure or infringement, or if the institution or, where appropriate, the department carrying out the social security of the members of the armed forces and of the corps are involved.
(6) The proceeds of fines imposed by social security authorities under this Act are the income of the state budget of the Czech Republic. "
48. The heading in Part Six reads:
"MANAGEMENT IN MATTER OF NON-EMPLOYMENT, PENSION AND INSURANCE FOR SOCIAL SECURITY AND CONTRIBUTION TO STATE EMPLOYMENT POLICY '.
49. Paragraph 58 (2) (a) reads as follows:
"(a) the place of the service of the organisation in which the wage records and, where appropriate, the registered office of the small organisation are kept, where it decides on benefits to employees, their family members and, where appropriate, other beneficiaries; where a small organisation is a natural person, the jurisdiction of the district social security administration shall be governed by the place of permanent residence of the natural person; ';
50. In Paragraph 60 (1), the following sentence is added at the end: "The voluntary benefit procedure shall also be initiated upon written request if the form is not prescribed."
51. in Paragraph 62 (1), the words "the Medical Advisory Board" shall be deleted.
52. in Paragraph 62 (2), the words "or the Medical Advisory Board" shall be deleted.
53.In Paragraph 67 (2), the words "competent doctor and assessment board 'are replaced by the words" treating doctor and doctor';
54. Sections 69 to 72, including the headings, shall be deleted.
55. Paragraph 73 to 77, including the headings, read:
Subject matter
The subject matter of proceedings in cases other than sickness insurance is the decision-making procedure
(a) in the cases at issue concerning the creation, duration or termination of sickness insurance (insurance relationship), the nature of the insurance relationship and other matters relating to the insurance relationship;
(b) the cessation of temporary incapacity for work in the cases provided for by this law;
(c) the fines provided for in Article 54.
Local jurisdiction
(1) The local jurisdiction of the district social security administration shall be governed by the place of the branch of the organisation in which the wage records are kept or the registered office of the small organisation, unless otherwise specified. If a small organisation is a natural person, the local jurisdiction of the district social security administration shall be governed by the place of permanent residence of the natural person.
(2) The local jurisdiction of the district social security administration is governed by:
(a) the place of permanent residence of the self-employed person, where he is the subject of a decision on the insurance relationship of the self-employed person or the cooperating person, or of a fine for the self-employed person or of a fine for the cooperating person;
(b) the place of work of the treating doctor who keeps the citizen in the register of incapacity for work where he is the subject of a decision to terminate temporary incapacity;
(c) the head office of a health establishment where it is the subject of a decision on a fine for a health establishment.
Decision
The district social security administration shall decide on the prescribed form for entitlement to sickness benefit (Section 62 (1)).
Appeals
The appeal against the decision to terminate temporary incapacity shall be lodged within 3 days of the date of service of the decision.
Enforcement
The decision to cease temporary incapacity shall be enforceable on the date indicated in the decision as the date of cessation of temporary incapacity, but not before the date of service. ';
56. The following words are added at the end of Paragraph 78 (1): "and against the decision to terminate temporary incapacity for work '.
57. In the second sentence of Paragraph 80 (1), the words "enforceable payment orders and 'shall be deleted.
58. In Paragraph 81 (3), the following sentence is added at the end: "The opening of an invalidity pension procedure prevents the opening of a partial invalidity pension procedure; the opening of a partial invalidity pension proceedings shall prevent the opening of an invalidity pension procedure. ';
(59) In Article 82 (2) (a) and (d), the words' which do not carry out sickness insurance for their employees as an organisation 'shall be replaced by' or organisations which do not carry out sickness insurance for their employees'.
60.In Paragraph 83 (2), the second sentence is deleted.
Paragraph 86 (5) shall be deleted.
62. In Paragraph 94 (1), the words "at the initiative of the Medical Advisory Board 'are deleted.
63. In Section 95, the words "Assessment Board 'are replaced by the words" Doctor' and the words "and the Medical Advisory Board which initiated the assessment of his health 'are deleted.
64. In Paragraph 96 (1), the words "and the Medical Advisory Commission which initiated the assessment of his health 'are deleted.
65. In Paragraph 96 (2), the words "or which seek the same degree of invalidity but for other reasons," shall be inserted after the words "other degree of invalidity."
66. In Paragraph 99 (1), the words "for the hearing of an assessment committee of that body or for the needs of that body 'are replaced by the words" to the doctor of that body or to the doctor of that body'.
67. In Part Six, the following Title Four is inserted after Title Three:
MANAGEMENT IN MATTERS INSURANCE FOR SOCIAL SECURITY AND CONTRIBUTION TO STATE EMPLOYMENT POLICY
Subject matter
The subject matter of the proceedings is the decision on social security contributions and the contribution to the national employment policy (hereinafter referred to as "insurance ') in the cases at issue, on periodic penalty payments, on the premium on social security contributions and on fines.
Local jurisdiction
(1) The local jurisdiction of the district social security administration shall be governed by the place of the branch of the organisation in which the wage records and, where applicable, the registered office of the small organisation are kept, unless otherwise specified. If a small organisation is a natural person, the local jurisdiction of the district social security administration shall be governed by the place of permanent residence of the natural person.
(2) The local jurisdiction of the district social security administration is governed by:
(a) the registered office of the organisation or the registered office of the lower component of that organisation, where the proceedings relate to that lower component where it is the subject of a decision on the premium on social security insurance;
(b) the place of permanent residence of the self-employed person, where he is the subject of a decision-making procedure concerning the self-employed person and the cooperating person, the periodic penalty payment and the fine for the self-employed person.
Decision-making
(1) The district social security administration shall decide on insurance premiums, periodic penalty payments and the premium on social security contributions in the form of a payment notice, with the exception of the decision to refund the premium. The payment notice shall also include an indication of the organisation (small organisation) which is prescribed for insurance, periodic penalty payments or a premium on social security contributions and a statement of enforceability. The payment notice for insurance premiums shall also include a lesson on the obligation to pay periodic penalty payments.
(2) The district social security administration may also decide on insurance premiums, periodic penalty payments and the premium on social security contributions in the form of a statement of arrears indicating arrears according to the status of the organisation's account at a given date. This situation arises from the amounts declared by the organisation itself and from the amounts prescribed by the payment order, from the periodic penalty payments and from the accessories which are the costs of recovery after deduction of payments made. The statement of arrears shall include an indication of the organisation to which the arrears are reported, the amount due and the date on which they were found, and, where applicable, the periodic penalty payments and accessories to be paid with the outstanding amount reported, and the information on enforceability.
(3) Save as otherwise provided in paragraphs 1 and 2, general rules on administrative procedures shall apply to the details of the payment notice and the statement of arrears. 11)
Notification of decisions
The decision on the premium to social security insurance shall also be delivered to the body which has decided on the shortcomings for which the premium to social security insurance is imposed.
Appeals
An appeal may be brought before a court against a judgment in respect of insurance premiums issued in appeal proceedings. 21)
Jurisdiction and enforceability of decisions
(1) A decision against which no appeal or appeal can be brought (Paragraph 104e) is in legal force. 22)
(2) The payment notice is enforceable, irrespective of the legal authority, if 15 days have elapsed since its delivery. The balance sheet shall be enforceable as soon as it has been delivered. The other decisions shall be enforceable if they cannot be challenged by appeal or appeal.
Enforcement
(1 Executable payment orders and enforceable arrears of arrears are also evidence of the issue of the recovery order.
(2) The administrative enforcement of decisions in respect of insurance premiums is carried out by the authority which issued the decision at the first stage of the procedure. "
The fourth and fifth heads shall be referred to as the fifth and sixth.
68. In Article 107, the words "the Board of Appeal of the District Social Security Administration or of the Ministry 'are replaced by the words" the doctors of the District Social Security Administration or the Ministerial Assessment Committee'.
69. In Paragraph 111 (1), the words "and against the decision to authorise an exemption under Section 9 (6) of this Act are deleted."
70. Paragraph 121, including the title, shall be deleted.
Article 71 (127), including the title:
Implementing rules
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Regulation Information
| Citation | Act of the Czech National Council No. 590 / 1992 Coll., amending and supplementing the Act of the Czech National Council No. 582 / 1991 Coll., on the organisation and implementation of social security, and some other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.12.1992 |
|---|---|
| Effective from | 01.01.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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