Decree No. 60 / 1957 Coll.
Declaration on the Convention between the Czechoslovak Republic and the People's Republic of Bulgaria on Social Policy Cooperation
Valid
Effective from 01.08.1957
60
Decree of the Minister for Foreign Affairs
of 2 September 1957
concerning the Convention between the Czechoslovak Republic and the People's Republic of Bulgaria on cooperation in the field of social policy.
The Convention on Social Policy Cooperation with the Final Protocol was negotiated between the Czechoslovak Republic and the People's Republic of Bulgaria in Prague on 25 January 1957.
The National Assembly expressed its agreement with the Convention and its Final Protocol on 18 April 1957 and was ratified by the President of the Republic on 21 June 1957. The instruments of ratification were exchanged in Sofia on 24 July 1957.
Pursuant to Article 17 of the Convention, the Convention shall take effect on the first day of the month following the exchange of instruments of ratification, i.e. 1 August 1957.
The Czech version of this Convention is published in the Annex to the Collection of Laws. *)
The date on which this Convention takes effect, i.e. 1 August 1957, pursuant to Article 17 thereof, the existing Convention on Social Policy and Governance Cooperation of 11 September 1948 and the Convention on Social Insurance of 1 April 1949, with the exception of Article III of the Final Protocol thereto, shall be repealed.
David v. r.
CONVENTION
between the Czechoslovak Republic and the People's Republic of Bulgaria on cooperation in the field of social policy
The President of the Czechoslovak Republic and the Presidium of the People's Assembly of the People's Republic of Bulgaria, led by a desire to deepen and extend social policy relations in a spirit of friendship and cooperation between the Czechoslovak Republic and the People's Republic of Bulgaria, have decided to conclude a new Convention to that end.
To this end, they appointed their agents:
President of the Czech Republic
Chairman of the State Social Security Office
Ms Eban,
President of the People's Assembly of the People's Republic of Bulgaria
Head of Pension and Social Welfare Administration of the Ministry of People's Health and Social Welfare
Marina Dimitrova Geshkov
and
Head of State Social Insurance Administration of the Central Board of Unions
Ivana Cvetkova Laleva,
who have exchanged their powers of attorney and found them in good and proper form, have agreed on the following provisions:
I. Basic provisions
Scope of the Convention
(1) Both Parties will cooperate on all issues and on all sections of social policy, in particular the expansion and deepening of social progress both in their own countries and in the field of international policy.
(2) To this end, both Parties will promote the exchange of experience, comprehensive mutual knowledge and cooperation between competent authorities, institutions, trade unions and other organisations in the field of social policy.
(3) Both Contracting Parties will support mutual visits organised by authorities, institutions, trade unions and other organisations in the field of social policy.
(4) Both Contracting Parties will be encouraged to take care of children, adolescents and workers, by state, trade unions or other organisations. The details will be determined by agreement between the competent central authorities and the authorities of both Contracting Parties.
(5) Both Parties undertake to cooperate with each other on the tasks of the international social service concerning the citizens of both states, for example, the search for missing persons, the collection of documents and reporting, the handling of individual personal and family affairs issues, etc.
(6) This Convention also provides for the mutual relations between the two Contracting Parties in all sectors of social insurance which are or will be established in one of the two States. Unless otherwise provided for in this Convention, its provisions shall also apply to pension improvements, governed by specific provisions or guaranteed by contract in relation to the employment relationship. The provisions of this Convention shall also apply to pensions granted in the Czechoslovak Republic to war and military disabled and victims of war and fascist persecution, as well as to national pensions and military invalidity and civil disability pensions granted in the People's Republic of Bulgaria.
Principle of equal assessment
(1) Citizens of one State, employed in the territory of another, and their families, will be assessed in terms of labour law as well as in all other sections of social policy, including social insurance, as well as their own citizens, unless otherwise provided by this Convention. They have the same rights and obligations as their own citizens.
(2) The principle of the same assessment referred to in paragraph 1 does not apply to the claims of citizens of the other State who have obtained from insurance on the basis of periods of employment and periods of equal standing, on the territory of a third State, or on the basis of an accident at work (occupational disease) suffered on the territory of a third State, unless otherwise provided by agreement between the competent central authorities or the authorities of the two Contracting Parties.
II. Social insurance
Implementation of insurance
(1) When carrying out social insurance, the legislation of the State in whose territory the employment is carried out shall apply in the absence of the provision of pensions and other benefits to which the provisions of Articles 4 and 5 apply.
(2) According to the legislation of the State where the employment is carried out, insurance obligations, the beginning and the termination of insurance, the exemption from insurance, the acquisition of spare periods for which insurance is not paid and which are equivalent to insurance periods are assessed.
(3) The authorities of the State where the employment is carried out shall be responsible for carrying out the insurance referred to in the preceding paragraphs.
Provision of pension benefits
(1) Pensions and other pension benefits shall be provided by the policyholder of the State in whose territory the insured person resides at the time of the entitlement, in accordance with his own legislation. In doing so, the holder of the insurance shall take into account the deductible period of employment (insurance) obtained in the other State as well as the period obtained under the legislation of the State of residence. The first sentence shall apply mutatis mutandis to the cases referred to in Article 1 (6), second sentence.
(2) If a pensioner is transferred to another State, the pension shall be suspended on the first day of the month following the resettlement. This shall also apply in the cases referred to in the second sentence of Article 1 (6).
(3) The policyholder of the State to which the pensioner has been resettled will provide the resettlement pensioner with a pension (benefit) according to his own legislation; apply the second sentence of paragraph 1 by analogy. If a relocated person returns, it shall be renewed by the original State Insurance Carrier from the date of his retirement. The provisions of the previous sentence shall also apply to the cases referred to in Article 1 (6), second sentence.
(4) The provisions of paragraph 3 of the first sentence shall apply mutatis mutandis if the insured person or the entitled member of the family resettle after entitlement to the benefit has been established before being granted the pension (benefit) in the State of origin.
(5) The authorities of the State of residence shall be responsible for deciding on the entitlement to the pension (benefit) under the preceding paragraphs.
(6) If a pensioner reresides in the case of an insured person or an authorised family member in a third State, the pension shall be granted under his national law by the insurance holder of the State of which he is a national, unless the entitlement is otherwise assessed under another national convention; the provisions of paragraph 1, second sentence, shall apply mutatis mutandis.
Provision of sickness and maternity benefits
(1) Cash benefits in the event of temporary incapacity for work as a result of sickness, accident, maternity and family allowances and death grants shall be provided by the holder of insurance under his own legislation to the State in whose territory the insured person or authorised family member resides. It shall take account of the time of employment in the other State.
(2) If an insured person or a family member moves to another State, the date of the transfer of benefits shall cease. In such cases, the policyholder shall provide cash benefits under his own legislation, taking into account the period during which the insured person received those benefits in the first State.
(3) Benefits in kind in the event of sickness, accident and maternity shall be provided under the legislation of the State in whose territory the insured person resides, in the case of a entitled family member.
Specific provisions for certain groups of persons
(1) Insurance of employees of diplomatic and consular councils and other offices and bodies of state administration (customs, passport, etc.) of one State having its registered office in the other State shall be subject to the legislation of the sending State, provided that such staff are citizens of that State. The same applies to the insurance of persons employed by employees of designated offices or bodies.
(2) Employee insurance
(a) public transport undertakings of land, river and air undertakings of one State which are seconded to temporary or permanent employment in the territory of another State;
(b) sent by an undertaking (employer) other than those referred to in (a), having its registered office in one State, for temporary employment in the territory of another State;
the legislation of the State in which the administration of the undertaking (employer) is situated, which these employees are subject to in their personal matters, with the exception of the provision of benefits in kind for sickness insurance, for which Article 5 (3) applies.
(3) In the cases referred to in the preceding paragraphs, the authorities of the sending State shall be responsible for both the performance of insurance and the provision of benefits.
(4) The competent central authorities and the authorities of both Contracting Parties may, by mutual agreement, negotiate other exceptions or also agree that the exemptions referred to in the preceding paragraphs shall not be maintained either at all or in certain cases.
Exclusion of reciprocal payments
An insurance carrier who provides benefits under this Convention shall not be liable for compensation for benefits granted by the second State insurance holder. The same applies if an insurance holder provides advance payments on benefits under his legislation.
III. Assistance and care for uninsured persons
(1) Citizens of one State who are present in the territory of another State who do not have insurance rights of their own or as family members of the insured person will be granted the necessary assistance and care by the State of the place of residence if they need it to the extent and under such conditions as their own citizens.
(2) Assistance and care will depend either on the assistance of the material or on the assistance and care of the treatment, on the location in public institutions, in the homes of pensioners and such. Depending on the circumstances and the real needs, several types of assistance and care can be provided at the same time.
(3) The assistance and care provided under the previous paragraphs will not be a reason for requesting reimbursement of expenses from the other State. This shall be without prejudice to the possibility of requesting compensation from the person to whom assistance or care has been provided or from persons liable for alimentation.
(4) Care and assistance under the provisions of the preceding paragraphs will also be provided, where necessary, to citizens of the other State who benefit from a pension under this Convention.
IV.
Mutual legal assistance
(1) Insurance holders, authorities, courts and other bodies involved in the implementation of the social policy of the two Contracting Parties shall provide mutual legal assistance to the same extent as if it were the implementation of social policy in their own state. In particular, one State's insurance provider shall provide the other State's insurance holder with the necessary information on the circumstances applicable to the grant of the benefit. To that end, it shall be obliged to take the necessary measures to establish these circumstances.
(2) The relationship between the holders of insurance, offices, courts and other bodies of both States in the implementation of this Convention shall take place directly.
(3) Documents, certificates and other files issued under this Convention need not be verified by diplomatic or consular authorities.
Use of the language of the second State
Proposals, applications, actions and other submissions in matters of social security for citizens of one State lodged with the holders of insurance, offices, courts and other bodies of the other State shall not be rejected on the grounds that they are written in the official language of the first State.
Maintaining time limits
Proposals, applications, actions and other submissions which must be submitted within a certain period of time to the holders of insurance, to the offices, courts or other bodies of one of the two States shall be deemed to have been made in good time if they have been submitted within the prescribed period to the holder of insurance, to the office, to the court or other authority of the other State. In such cases, the application shall be sent without delay either to the competent central office or authority or directly to the competent insurance holder, office, court or other competent authority of the other State.
Representation of citizens of the other State
The Consult of the two Contracting Parties shall be governed by the right to represent (personally or by a person empowered to do so) the citizens of his State in all matters arising under this Convention before the holders of insurance, offices, courts and other authorities of the other State.
Central offices and authorities implementing the Convention
(1) This Convention will be implemented in both States by central authorities and bodies competent under national law. These authorities and authorities will be in constant direct contact and meetings of their representatives will be held as necessary to discuss the various issues related to the implementation of the Convention and to organise mutual exchange of experience in the field of social policy.
(2) The two Contracting Parties shall immediately after the entry into force of this Convention communicate to each other which central authorities and authorities are competent to implement this Convention and shall immediately communicate to each other any changes that may arise in the future.
Cooperation with trade union organisations
This Convention shall be implemented in close cooperation with trade union organisations in both States.
Implementing rules
(1) In both states, legislation to implement this Convention may be adopted separately, in particular by adjusting the method of calculation of pensions, temporary incapacity benefits, the way in which to determine the deductible period of employment, and j. Such rules shall always be communicated to the competent central office or authority of the other Contracting Party.
(2) The central authorities and the authorities of the two Contracting Parties will communicate to each other without delay changes in national legislation in the field of social policy.
(3) If there is confusion in the implementation of this Convention as a result of unforeseen circumstances or changes in legislation, or if there are divergent views on its interpretation, the Central Authorities and the authorities of both Contracting Parties shall agree on the application of the provisions of this Convention.
V. Transitional and final provisions
(1) The provision of pensions and other social security benefits shall take account of periods of employment acquired before the entry into force of this Convention in one or the other State.
(2) The provisions of Article 4 of this Convention shall apply from the date of its entry into force even in cases where entitlement to benefit was acquired before that date.
(1) The Convention will be ratified as soon as possible. After ratification, the instruments of ratification will be replaced without delay in Sofia. The Convention shall enter into force on the first day of the month following the replacement of the instruments of ratification.
(2) The current Convention between the Czechoslovak Republic and the People's Republic of Bulgaria on Social Policy and Governance Cooperation of 11 September 1948 and the Convention on Social Insurance of 1 April 1949, with the exception referred to in Article III, is hereby repealed on the date of the entry into force of this Convention. Final Protocol to this Convention.
(3) Each of the two Contracting Parties may denounce this Convention at least 6 months in advance at the end of the calendar year. Entitlements acquired under this Convention shall not be extinguished by its denunciation; their continued duration shall be governed by national law.
This Convention was concluded in Prague on 25 January 1957 and drawn up in two copies, each in the Czech and Bulgarian languages. The two texts shall be equally authentic.
To prove it, the agents signed this Convention for that designation and sealed it.
THE CZECH REPUBLIC:
Evžen Erban
THE REPUBLIC OF BULGARIA:
Marin Dimitrov Geshkov
Ivan Cvetkov Lalev
Final Protocol
When signing the Convention on Social Policy Cooperation between the Czechoslovak Republic and the People's Republic of Bulgaria, both Parties agreed on the following:
I
Article 1 (2)
The exchange of experience and universal mutual knowledge in the field of social policy will take place in particular:
(a) organising the exchange of professional books, journals and other publications between the competent authorities, institutes, organisations and other institutions of both Contracting Parties;
(b) the exchange of legislative, statistical and other material;
(c) appropriate information to the public on the development and results of the social policy of the other Party;
(d) exchange of experts in the fields of social insurance, pensions, social welfare and social services;
II
Article 2 (1)
Labour legislation means labour contract, working time and leave, wage and pay regulations, life and health protection, including the protection of young people and women.
III
Article 5 (3)
As regards the details and, in particular, the extent of benefits in kind provided in the event of sickness, accident and maternity to citizens of one State residing in the territory of the other State, until the Convention between the two States on Health Cooperation has been negotiated, the arrangements resulting from the current Convention on Social Insurance of 1 April 1949, following the Convention on Cooperation in Social Policy and Governance of 11 September 1948, as well as the arrangements agreed between the two Contracting Parties under these Conventions shall remain in force.
IV
Article 16 (2)
Within one month of ratification of the Convention, the two Contracting Parties shall transmit to each other lists of pensions granted under their own rules or under the current Convention on Social Insurance of 1 April 1949 and paid to their own citizens and citizens of the other State before the Convention is effective. The recipient State will continue to pay the pensions thus taken over if the previous pension was higher than that provided for in Article 4 of the Convention.
V
The provisions of the Convention shall not apply to pensions granted for exceptional credit.
This Final Protocol forms an integral part of the Convention between the Czechoslovak Republic and the People's Republic of Bulgaria on Social Policy Cooperation and has been drawn up in duplicate, each in the Czech and Bulgarian languages. The two texts shall be equally authentic.
Done at Prague, 25 January 1957
THE CZECH REPUBLIC:
Evžen Erban
THE REPUBLIC OF BULGARIA:
Marin Dimitrov Geshkov
I. Cvetkov Lalev
On page 25.
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Regulation Information
| Citation | Decree No. 60 / 1957 Coll., on the Convention between the Czechoslovak Republic and the People's Republic of Bulgaria on Social Policy Cooperation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.11.1957 |
|---|---|
| Effective from | 01.08.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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