Decree No. 73 / 1984 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on amendments and additions to Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended
Valid
Effective from 01.09.1984
73
DECLARATION
Federal Ministry of Labour and Social Affairs
of 21 June 1984
amending and supplementing Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended
The Federal Ministry of Labour and Social Affairs, in agreement with the participating central authorities and with the Central Council of Trade Unions pursuant to § 172 paragraphs 1 and 6 of Act No. 121 / 1975 Coll., on Social Security, as amended by Act No. 150 / 1979 Coll., Act No. 7 / 1982 Coll., Act No. 116 / 1983 Coll. and Act No. 56 / 1984 Coll.:
Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended by Regulations No. 108 / 1979 Coll., No. 164 / 1979 Coll., No. 15 / 1982 Coll., No. 78 / 1982 Coll., No. 141 / 1983 Coll. and No. 144 / 1983 Coll., is amended as follows:
1. The sentence under Paragraph 2 reads:
"K § 10 (1) (d) and § 5 (a) of the Act '.
Article 2 (1) reads as follows:
"(1) The duration of the study shall also be considered as a period of training in special vocational training. ';
The text of Article 2 is renumbered paragraph 2.
3. Article 12 reads:
(1) The period of study of a student of a secondary vocational training centre in preparation for the employment of category I. (II) shall be considered as the period of employment of that category if practical training is regularly carried out in the workplace or in the premises where the employment of category I. (II) is performed.
(2) The provisions of the preceding paragraph shall apply mutatis mutandis to workers preparing to pursue their profession by training. "(6)
4. in Paragraph 14 (1) (a), the word "(teaching)" shall be deleted.
5. In Paragraph 15 (2), the words "teaching and learning relationships' are replaced by the words" continuous preparation for a future profession (§ 25) '.
6.
Continuous preparation of the child for future occupation
C 40 (3) (a), 46 (5) and 73 (3)
(1) The continuous preparation of a child for a future profession after compulsory education is considered to be
(a) studies at secondary and higher education institutions (19), excluding studies at work (evening, long distance, external, etc.), combined studies and studies for the duration of the military basic service or the duration of service of members of the armed forces and corps;
(b) training in specialised training courses;
(c) training training, 84)
(d) preparation for work applications in training facilities for citizens with altered skills (§ 130) and in facilities for youth requiring special care.
(2) The continuous preparation of the child for the future occupation referred to in points (a) and (b) of the preceding paragraph shall begin not earlier than the beginning of the first year of the school. If the pupil (student) began to perform his / her duties before that date, his / her continuous preparation for the future occupation begins on the day on which he / she began to fulfil those duties.
(3) The continuous preparation of a child for a future occupation after compulsory education is also considered to be
(a) the period from completion of teaching in one school year to the beginning of the following school year if the child continues without interruption in further studies;
(b) the duration of school holidays immediately following the completion of the studies, unless the child has entered permanent employment or started another permanent activity;
(c) the period after the final completion of the final examination, but no later than the end of the following school year, if the child has not entered permanent employment before the end of that period or has not started other permanent employment;
(d) other study or teaching, if it is based on its scope and levels as decided by the Ministry of Education of the Republic, on a study equivalent to that of the schools referred to in paragraph 1 (a). "
7.
Compulsory education
C 40 (3), 46 (5) and 73 (3)
The period of school holidays following the end of the school year in which the child completes the last year of compulsory education, unless the child has entered permanent employment at that time or has started other permanent work. '
8. After Paragraph 28, the following 28a is inserted:
Article 46 (6) of the Law
For the purpose of the payment of the education allowance, the daily or weekly stay of the child in a youth care institution (establishment) shall not be considered to be the full direct provision of the child, provided that the child is also under the regular care of the parent or other entitled. ';
9. The sentence above Paragraph 31 reads:
"As regards § 32 (2), § 46, § 63 (1), § 64 (2) and § 172 (1) (b) of the Act '.
10. The following Paragraph 31c is inserted after § 31b:
Settlement of the special contribution of miners with pension benefits
If the pension authorities grant an old-age, invalidity, partial invalidity or personal pension for the period during which the special contribution of miners was granted, 85) they shall settle the paid contribution with the supplement of those pensions as from 1 September 1984. '
11. In Paragraph 37 (1), part of the first sentence after the semicolon: "Paragraph 60 applies to the determination of the gross earnings of pupils and students."
12. The sentence under section 41 reads:
"Paragraph 78 (4) to (6) of the Act '.
Article 13 (41) (2) reads as follows:
"(2) In determining the compensation for the loss of the remuneration of a member of the single agricultural cooperative, the income of the citizens referred to in § 78 (5) (c) and (e) of the Act shall not include:
(a) child allowance, education and orphan's pension;
(b) scholarships provided under the applicable scholarship regulations; However, grants which are in the nature of compensation for earnings shall be included in the own income,
(c) the value of free boarding and free meals and clothing provided in accordance with the provisions on physical youth measures preparing for the future occupation and the value of natural resources provided to university students in the course of military duties on holidays;
(d) child support;
(e) increasing the pension for helplessness;
(f) maternity allowance,
(g) a contribution to meet the needs of the child in foster care and a remuneration for the performance of foster care;
(h) the earnings for work held between the end of teaching in one school year and the beginning of teaching in the following school year, if the child continues to study in another school at the same or other school, the earnings for work during the school holidays immediately following the end of the study, if the child has not entered permanent employment, as well as the earnings that the young person preparing for a future occupation at the time of his or her leave to recover, and the earnings obtained by the pupil during the school holidays, if he / she becomes a participant in the following school year;
(ch) student's earnings for work organised or awarded by the school or in agreement with the school authorities;
(i) occasional earnings for assistance or similar temporary work, as well as remuneration for work under work agreements outside the employment relationship. "20)
14.
Workers preparing to pursue the profession by training
(1) An amount of 1400 CZK per month shall be considered to be the gross earnings of the worker who is preparing to pursue the profession of training6) unless the actual gross earnings of the employment are higher.
(2) If this worker is wholly (partly) disabled as a result of an accident at work, the gross earnings shall be considered, if more favourable to him, the monthly average of gross earnings achieved in the last three calendar months before the accident at work. ';
15.
"Students and students
(1) The student's gross income is 1,400 CZK per month. If the pupil or the student is entitled to a wage of 86) or a gross wage of employment in a month higher, his or her earnings in that month shall be considered to have actually achieved gross earnings (remuneration).
(2) If a student or student is wholly (partly) disabled as a result of an accident at work, his gross earnings shall be considered, if more favourable to him, the monthly average of gross earnings achieved in the last three calendar months before the accident at work.
(3) An accident at work is an accident suffered by a pupil or student in the course of or in direct connection with the teaching; Paragraph 27 (1) of the Second Act applies mutatis mutandis. '
16. In Paragraph 110 (1), the following sentence is added at the end: "The education allowance does not apply to a child who is granted an invalidity pension."
17. In Paragraph 110 (3), the following words are deleted at the end: "and that he does not receive an invalidity pension '.
18. In Paragraph 124 (3), the following words are deleted at the end: "and that he does not receive an invalidity pension '.
19. The sentence under the heading § 126 reads:
"K § 81 (1) and (2) and § 172 (1) (b) of the Act '.
20. Paragraph 126 (2) reads as follows:
"(2) The allowance may be granted to the child until completion of compulsory education (Section 26). It may then be provided under the conditions laid down in Paragraph 40 (3) of the Act. '
21. § 127 is deleted.
22. in § 129 (1) (a), the word "(teaching)" shall be deleted.
23. In Paragraph 130 (2), the following words are deleted: "apprenticeship or other final examination '.
24. in 131 (1), the word "(teaching)" shall be deleted.
25. in Article 134 (1), the words' recommended by the National Study Committee 'shall be replaced by' in accordance with the recommendation of the National Committee ';
26. in Article 136 (4) and (5), the words "and 4" shall be deleted;
27. in § 151, provision (e) is deleted;
Points (f) to (o) shall be renumbered as points (e) to (n).
28.
"(h) for pupils and students of secondary schools and special vocational schools and universities, to the extent and in the manner laid down in Sections 154 (3) and 155 (2). At a time when pupils and students, with the exception of participants in the study at work, are employed in an organisation, keep records of the organisation and communicate them to the pension authority at the request of the pension authority only in case of a pension benefit procedure; Similarly, on a call, if pupils are from secondary vocational schools and special vocational schools, they shall report for the purposes of pension insurance to an organisation to which the school is organised; ';
29. in Article 154 (1) (h), the following words are added at the end: "and whether the worker receives a special contribution from miners;" 85)
30. Article 154 (3) reads as follows:
"(3) Where pupils and students [§ 151 (h)] are concerned, the obligation of the school referred to in paragraph 1 shall be fulfilled if the school records contain the information referred to in paragraph 1 (a), (b) and (d) and (g), as appropriate, and the beginning and end of the study; if the study has been interrupted, terminated or resumed prematurely, also these data. ';
31. in Article 154 (4), "[§ 151 (m)]" is replaced by "[§ 151 (l)]";
32. in § 155 (2), "[§ 151 (ch)]" is replaced by "[§ 151 (h)]";
(1) For pupils of secondary vocational schools and special vocational schools with whom a teaching contract was concluded before 1 September 1984.87) and for workers who had been preparing in a teaching relationship before that date, the current rules apply in relation to the calculation of the teaching ratio as the employment period I (II) of the working category and the gross earnings accruing from the teaching relationship. The same applies with regard to the exclusion of the teaching period from the period from which the average monthly earnings are calculated.
(2) The obligation to keep records and report for social security purposes lies with pupils of secondary vocational schools and special vocational schools with whom a teaching contract was concluded before 1 September 1984, an organisation which has negotiated a teaching relationship with the pupil; If the education of the pupil is provided by another organisation, 52) the organisation shall communicate all the necessary information to the organisation for which the pupil is taught.
This Decree shall take effect on 1 September 1984.
Minister:
M. Boda v. r.
6) Section 142 of the Labour Code.
19) Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act). Act No. 39 / 1980 Coll., on Higher Education.
84) Paragraph 142 (2) of the Labour Code.
20) § 232 of the Labour Code.
85) Paragraph 10 of Decree No. 129 / 1979 Coll., on the employment and physical security of workers in mining, permanently unfit for work in underground mines, as amended by Decree No. 21 / 1982 Coll. and Decree No. 145 / 1982 Coll.
86) Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 93 / 1979 Coll., on the remuneration and physical security of pupils and apprentices preparing for the professional professions in teaching and learning fields, as amended. Decree of the Ministry of Labour and Social Affairs of the SSR No. 95 / 1979 Coll., on the remuneration and physical security of pupils and apprentices preparing for the professional professions in teaching and learning fields, as amended.
87) The effectiveness of Act No. 29 / 1984 Coll.
52) Paragraph 229 (2) of the Labour Code.
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Regulation Information
| Citation | Decree No. 73 / 1984 Coll., amending and supplementing Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.08.1984 |
|---|---|
| Effective from | 01.09.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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