Government Decree No. 67 / 2005 Coll.
Government regulation on compensation for loss of earnings after disability due to accidents at work or occupational diseases, on compensation for maintenance costs of survivors and on compensation for loss of earnings after disability or invalidity (compensation adjustment)
Valid
Effective from 15.02.2005
67
GOVERNMENT REGULATION
of 12 January 2005
on the adjustment of compensation for loss of earnings following the cessation of incapacity for work or occupational diseases, the adjustment of compensation for the maintenance of survivors and the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (adjustment of compensation)
The Government orders pursuant to § 202 (2) of Act No. 65 / 1965 Coll., the Labour Code, as amended by Act No. 37 / 1993 Coll. and Act No. 46 / 2004 Coll., and pursuant to § 447 (3) of Act No. 40 / 1964 Coll., Civil Code, as amended by Act No. 131 / 1982 Coll.:
ADJUSTMENT OF REFUNDS FOR LOSSES ON GROUNDS AFTER COMPLIANCE WITH WORKING INSTALLATION OR NON-ALLOWANCE WITH THE PERIOD AND ADJUSTMENT OF REPLACES OF COSTS RESIDENCE PURSUANT TO WORK LEGISLATION
The compensation for the loss of earnings following the cessation of incapacity for work or occupational diseases (hereinafter referred to as "compensation for loss of earnings') and the reimbursement of the maintenance costs of survivors due to workers or survivors under the Labour Code or, where appropriate, under previous Regulations (1), shall be adjusted by increasing 5,4% for the average profit for the calculation of compensation for loss of earnings, possibly increased under the labour law (2), and for the calculation of compensation for the cost of maintenance of survivors, possibly increased under the labour law.
(1) Where entitlement to compensation for loss of earnings and maintenance costs of survivors after 31 December 2004 has arisen, the average profit for calculating the loss of earnings and reimbursement of maintenance costs of survivors shall not be increased in accordance with Article 1.
(2) The adjustment provided for in Article 1 shall be made without the request of the staff member or survivors; at the request of a staff member, where he has not been entitled to compensation for loss of earnings only as a result of an increase in the invalidity or partial invalidity pension under social security rules or an increase in the full invalidity or partial invalidity pension under the pension scheme.
(3) The adjustment provided for in Article 1 shall be made at the request of the staff member, even where the compensation for loss of earnings was not in his favour, as it did not allow for the provision of Paragraph 195 (2) of the Labour Code to be effective before 1 June 1994.
ADJUSTMENT OF THE REFUND FOR LOSS ON THE GROUND AFTER COMPLIANCE OR INVALIDITY UNDER CIVIL LAW
The compensation for the loss of earnings after the end of incapacity for work or invalidity (3) (hereinafter referred to as "compensation ') is adjusted by increasing 5,4% of the average earnings for the calculation of the compensation or, where appropriate, increased by the former Regulations. Adjustments to the refund shall not be made, according to the first sentence, where entitlement to the refund is acquired after 31 December 2004.
COMMON PROVISIONS
Article 2 In Act No. 160 / 1993 Coll., amending and supplementing the Act of the Czech National Council No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by the Act of the Czech National Council No. 10 / 1993 Coll., and some other laws.
The compensation for loss of earnings, the maintenance costs of survivors and the compensation provided for in this Regulation shall be due from 1 February 2005.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
JUDr. Gross v. r.
1. Prime Minister and Minister for Labour and Social Affairs:
Ing. Škromach v. r.
Deputy Prime Minister and Minister of Justice:
JUDr.
1) Sections 193, 195, 197 and 199 of the Labour Code. Section 112 of Act No. 99 / 1948 Coll., on National Insurance. Section 6 of Act No. 58 / 1956 Coll., on compensation for accidents at work and reimbursement of medical care costs and sickness and pension benefits. Section 7 and 31 of Act No. 150 / 1961 Coll., on Reimbursements for accidents at work and occupational diseases. Section 8 of Act No. 30 / 1965 Coll., on Compensation for accidents at work and occupational diseases.
2) Decree No. 138 / 1976 Coll., on the treatment of certain compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Government Decree No. 60 / 1982 Coll., on the treatment of certain compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Act No. 297 / 1991 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Decree of the Government No. 191 / 1993 Coll., adjusting compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Government Decree No 263 / 1994 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work caused by accidents at work or occupational diseases. Government Decree No 291 / 1995 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases. Government Decree No 298 / 1996 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings). Government Decree No. 318 / 1997 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment for loss of earnings). Government Decree No. 320 / 1998 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or disability (on the adjustment of compensation for loss of earnings). Decree of the Government No. 283 / 1999 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings). Government Decree No. 18 / 2001 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings). Government Decree No. 464 / 2001 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings). Government Decree No. 60 / 2003 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings). Government Decree No. 482 / 2003 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or invalidity (on the adjustment of compensation for loss of earnings).
3) Articles 445 and 447 (1) and (2) of the Civil Code.
4) Government Decree No. 128 / 1992 Coll., on the adjustment of compensation for loss of earnings after cessation of incapacity for work or invalidity. Decree of the Government No. 50 / 1994 Coll., on the adjustment of compensation for loss of earnings after cessation of incapacity for work or incapacity. Government Decree No. 317 / 1995 Coll., on the adjustment of compensation for loss of earnings after cessation of incapacity for employment or invalidity. Government Decree No. 298 / 1996 Coll. Government Decree No. 318 / 1997 Coll. Government Decree No. 320 / 1998 Coll. Decree No. 283 / 1999 Coll. Government Decree No. 18 / 2001 Coll. Government Decree No. 464 / 2001 Coll. Government Decree No. 60 / 2003 Coll. Government Decree No. 482 / 2003 Coll.
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Regulation Information
| Citation | Government Decree No. 67 / 2005 Coll., on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or occupational diseases, on the adjustment of compensation for maintenance costs of survivors and on the adjustment of compensation for loss of earnings after the cessation of incapacity for work or disability (compensation adjustment) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.02.2005 |
|---|---|
| Effective from | 15.02.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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