Decree No. 65 / 1955 Coll.
Decree on the publication of measures by the Central Council of Trade Unions on changes in the organisation and implementation of staff sickness insurance
Valid
Effective from 31.12.1955
65.
Decree of the Prime Minister
of 21 December 1955
publishing the measures of the Central Board of Trade Unions on changes in the organisation and implementation of staff sickness insurance.
The Prime Minister announces, pursuant to Article 4 (2) of Act No. 102 / 1951 Coll., on the rebuilding of national insurance, the attached measure of the Central Council of Trade Unions of 10 November 1955 on changes in the organisation and implementation of staff sickness insurance, issued with the consent of the Government of the Czechoslovak Republic.
Broad v. r.
Measures of the Central Council of Trade Unions
of 10 November 1955
on changes in the organisation and implementation of staff sickness insurance.
With the agreement of the Government of the Czechoslovak Republic pursuant to § 4 (2) of Act No. 102 / 1951 Coll., on the Rebuilding of National Insurance:
The measures of the Central Council of Trade Unions of 18 December 1953 on the organisation and implementation of staff sickness insurance, published in Decree of Prime Minister No. 100 / 1953 Coll., are hereby amended as follows:
1.
"Part of the sickness insurance is also the provision of family allowances, entertainment, selection recreation of the Revolutionary Trade Union Movement and selection recreation of school youth in pioneer camps of the Revolutionary Trade Union Movement. Sickness insurance expenditure shall also include the provision of subsistence allowances for staff in night care centres and for the construction, equipment and construction of cultural and physical facilities of the Revolutionary Trade Union Movement. '
2.
"The sickness insurance of plant workers is carried out in establishments and trade unions (part two), the sickness insurance of small plant workers is carried out in agricultural and local labour unions (part three). '
3. Article 8 (2) reads as follows:
"(2) The trade unions carrying out sickness insurance shall also decide on the provision of selective recreation of the Revolutionary Trade Union Movement and of school youth in the pioneer camps of the Revolutionary Trade Union Movement under the guidelines issued by the Central Council of Trade Unions. '
4. Paragraph 37 (1) reads as follows:
"(1) The right to compensation under § § 35 and 36 applies on its own behalf to the Central Committee. If the establishment or person does not recognise a third obligation to make good, the claim shall be lodged in court. ';
5. Article 45 (3) reads as follows:
"(3) An appeal may be brought before a court against a judgment. The provisions of the Civil Code on National Insurance Matters shall apply to jurisdiction and proceedings. Where those provisions refer to the Central National Insurance Corporation and its organisational components, this shall be understood as the central committee responsible. ';
6.
"(1) The Central Committee shall be party to the proceedings before the courts in cases covered by the measure in respect of the implementation of sickness insurance in establishments and trade unions.
(2) The Central Committee is also entitled on its own behalf to recover insurance premiums, periodic penalty payments, compensation for benefits and compensation for claims under this measure. "
7.
"(1) The sickness insurance for farm workers and their family members shall be carried out in the regional committees of the trade union of agricultural workers. The sickness insurance for employees of other small establishments and for their family members shall be carried out in the regional committees of the union of workers in the local economy. In order to carry out insurance, the regional committee of the trade union shall be responsible for the establishment of the small establishment.
(2) The Regional Trade Union Committee carrying out sickness insurance for employees of small-scale establishments (hereinafter referred to as the Regional Committee) has in particular the following tasks:
(a) decide on and pay benefits [Paragraph 55 (b)];
(b) monitor the development of incapacity for work in small establishments, continuously examine the causes of absence due to illness, take appropriate measures to eliminate the causes of illness, reduce morbidity and unjustified absence;
(c) decide on appeals in batch cases (§ 55 (c));
(d) to measure and collect insurance premiums for employees of small establishments;
(e) manage the funds to carry out sickness insurance for staff of small establishments, keep records of them and compile the accounts of sickness insurance for the Central Committee;
(f) carry out a sickness insurance statistical service;
(g) keeps a register of insurance payers and records of employees of small establishments for the purposes of sickness insurance;
(h) provide administrative work related to the implementation of sickness insurance. "
8.
"The central committee of the trade union of agricultural workers shall direct and control the implementation of sickness insurance for farm workers; the implementation of sickness insurance for employees of other small establishments is managed and controlled by the Central Committee of the Union of Employees in the Local Economy. Paragraph 12, with the exception of the provisions on the collection of premiums and the keeping of the register of payers, shall apply mutatis mutandis. ';
9.
"Small establishments are required to submit applications, write-offs and report changes to the register of premium payers with the relevant regional committee (§ 48 (1)); Paragraph 14 shall apply mutatis mutandis. '
10.
"(1) A small race is required to register with the competent regional committee on the prescribed form of the employee for insurance within 7 days of the date of entry into employment. He shall also be obliged to sign off to this Regional Committee of a staff member with whom he has been unmarried within 7 days of the date of the termination of his employment.
(2) If the Regional Committee has not registered or has not withdrawn a small race for the staff member within the time limit referred to in the preceding paragraph, the Regional Committee may impose a periodic penalty payment of between 10 KCs and 1000 KCs on the small race. '
11.
"(1) Small establishments shall report and pay premiums to the relevant regional committee; Articles 21 to 23 and 24 (1), (3) and (4) shall apply mutatis mutandis. The central committee shall decide on the premium.
(2) A small plant for which wage and salary funds are being drawn from a wage fund controlled by a money institution pays premiums through the money institution and also provides the relevant Regional Committee with a statement of premiums. Reimbursement of insurance premiums shall be in the order of wages and salaries. The Institute of Cash shall not release funds to pay wages and salaries unless it receives a statement of premiums and a transfer order for the amount of premiums for the benefit of the Regional Committee at the same time when selecting them.
(3) A small establishment for which no funds are being used for wages and salaries from the wage fund controlled by the Institute is required to submit a statement of premiums to the competent regional committee within 8 days of the due date and to pay the premiums declared within the same period.
(4) Paragraph 27 to 34 on premiums and periodic penalty payments shall apply mutatis mutandis to premiums and periodic penalty payments which are obliged to pay small plants. '
12. Article 54 (2) reads as follows:
"(2) Paragraph 35 to 37 on compensation for claims applies mutatis mutandis. Entitlement shall be exercised by the central committee responsible. ';
13.
"The provisions of Sections 38 to 44 apply mutatis mutandis to the sickness insurance proceedings of employees of small-scale establishments with the following derogations:
(a) entitlement to benefits shall apply to the relevant regional committee;
(b) the benefits are decided by the National Insurance Board set up by the Regional Committee;
(c) the appeal against the decision of the National Insurance Board with the Regional Committee shall be decided by the Bureau of that Regional Committee; the appeal against its decision shall be decided by the Central Committee. "
14.
"(1) The Regional Committee shall decide on compulsory insurance, assessment bases, insurance premiums, periodic penalty payments and other insurance relationship issues in the case of employees of small establishments, except for decisions on premium payments. The decision shall be given in writing; Paragraph 45 (2) shall apply mutatis mutandis.
(2) An appeal may be brought against the decision of the court. Where an appeal has been brought before a court, it shall be served by the court on a central committee which may comply with that appeal within 30 days of its being served on it. If the Central Committee has failed to comply with the appeal, it shall, within the same period, send it to the court with its observations; if it has complied with the appeal, it shall inform the court which shall terminate the proceedings. If the appeal has been lodged with the Regional or Central Committee, the Central Committee may comply with it within 30 days of its submission. If it does not do so, it shall submit it within the same period with its observations to the court. Otherwise, the jurisdiction and procedure of the provisions of the Civil Code on matters of national insurance shall apply. Where those provisions refer to the Central National Insurance Corporation and its organisational components, this shall be understood as the Central Committee. ';
15.
"The provisions of Sections 46 and 47 of Section 46 and 47 shall apply mutatis mutandis to the legal power and enforceability of decisions relating to the sickness insurance of employees of small-scale establishments, to participation in proceedings before courts and to the right to recover premiums, periodic penalty payments, compensation for benefits and compensation for claims. '
16. Article 58 shall be deleted;
17.
"The sickness insurance of persons for whom there is no relevant establishment under the provisions of § 9 or the Regional Committee under the provisions of § 48 shall be carried out with the Regional Trade Union Committee of Workers in the local economy responsible for the residence of the creditor. '
In cases of sickness insurance pending before the courts in which the Regional Trade Council was a party to the proceedings, the central committee responsible shall enter the proceedings as a party.
The decisions and adjustments made in accordance with the provisions of that measure before its publication shall be deemed to have been made under that measure.
This measure shall take effect on the day of its publication.
For the Central Council of Trade Unions:
Zupka v. r.
The President.
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Regulation Information
| Citation | Decree No. 65 / 1955 Coll., which publishes measures of the Central Council of Trade Unions on changes in the organisation and implementation of staff sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1955 |
|---|---|
| Effective from | 31.12.1955 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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