Act No. 73 / 2006 Coll.
Act amending Act No. 118 / 2000 Coll., on the Protection of Employees in Insolvency of Employees and on the Amendment of Certain Acts, as amended by Act No. 436 / 2004 Coll.
Valid
Effective from 01.04.2006
73
THE LAW
of 3 February 2006
amending Act No. 118 / 2000 Coll., on the Protection of Employees in the Insolvency of Employees and on the Amendment of Certain Acts, as amended by Act No. 436 / 2004 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 118 / 2000 Coll., on the protection of employees in the insolvency of employers and on the amendment of certain laws, as amended by Act No. 436 / 2004 Coll., is amended as follows:
1. The following Section 1 is inserted, including footnote 1:
This law implements the relevant provisions of the European Community1) and provides for the protection of workers in the insolvency of the employer.
1) Council Directive 80 / 987 / EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of workers in the event of the insolvency of the employer. Directive 2002 / 74 / EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 80 / 987 / EEC on the approximation of the laws of the Member States relating to the protection of workers in the event of the insolvency of an employer. '.
Paragraph 1 is renumbered Article 1a.
footnote 1 shall be renumbered footnote 1a, including the footnote references.
2. In Paragraph 2 (1), the comma at the end of point (b) is replaced by a dot and point (c) is deleted.
3. In Article 2, the following paragraph 2 is inserted after paragraph 1:
"(2) Furthermore, the Act shall not apply to staff seconded to work in the Czech Republic if their employer, who is a legal person, has a registered office or an employer who is a natural person, has a place of business outside the territory of a Member State of the European Union. '
Paragraph 2 shall become paragraph 3.
4. in Article 3 (a):
"(a) staff member means any natural person with whom the employer has negotiated an employment relationship or employment agreement on the basis of which he or she arose during the six months preceding the month in which the application for bankruptcy (hereinafter referred to as" the relevant period "), wage entitlements not paid by the employer,"
5. In Article 3 (c), the words "an application for bankruptcy pursuant to a special legislature5) 'are replaced by the words" an application for bankruptcy before a competent court in the Czech Republic (5) or with a supranational employer on the day on which it was declared unfit for payment by a competent authority in another Member State of the European Union5a)'.
footnotes 5 and 5a read:
"5) Sections 4 and 4a of Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended.
(5a) Council Regulation (EC) No 1346 / 2000 of 29 May 2000 on insolvency proceedings. ';
6. In Article 3, at the end of point (c), the dot is replaced by a comma and the following point (d) is added:
"(d) the transnational employer is an employer who, in addition to operating in the Czech Republic, operates in the territory of at least one other Member State of the European Union."
7. The following Section 3a is inserted after Section 3:
The employment of employees of a transnational employer who is insolvent shall be met by the employment office only if the employees of that transnational employer have worked in the Czech Republic during the relevant period. "
8. In Paragraph 4 (1), the second sentence is replaced by the following: "If a staff member who is not staying in the Czech Republic, he is obliged to choose a representative for the delivery of documents in the Czech Republic and to inform the employment office of this fact, together with the account number of the money institution, when applying the wage entitlements 5b)."
Footnote 5b:
"(5b) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended."
9. In Paragraph 4 (2), at the end of point (b), the words "or the organisational component of a transnational employer which does not have its registered office in the Czech Republic 'shall be added.
10. In the first sentence of Article 4 (4), the word "working 'shall be inserted after the words" no later than 5'.
11. in the third sentence of Article 4 (4), the word "working" shall be inserted after the word "following."
12. in Article 4 (5), the words "refuse (c) or" shall be inserted after the words "application for bankruptcy."
Footnote 5c reads:
"(5c) Paragraph 43 (2) of the Civil Code."
13. in Paragraph 5 (1):
"(1) Wage entitlements may be exercised by the staff member within a maximum of three months of the relevant period to the extent appropriate to the wage claims due. The period of 3 months shall be calculated retroactively from the first day of the calendar month in which the application for bankruptcy has been lodged. The employment office may satisfy the staff member's salary claims against one and the same employer only once during a period of 1 year. '
14. in § 5 (2), "§ 9 (6)" is replaced by "§ 9 (7)";
15. in Article 6, the words "and at the same time prove the duration of the employment relationship or employment agreement or their termination during the relevant period" shall be deleted.
16. in Article 7 (1), the words "from receipt of the invitation" shall be inserted after the words "within 14 days at the latest";
17. In Paragraph 8, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If the staff member has applied the wage entitlements within the period referred to in Article 4 (5) and more than 10 days have elapsed since the written declaration of the wage entitlements due by the employer or the administrator, the employment office responsible for deciding on the wage entitlement shall notify the staff member of the date, the manner in which the claims are met and the period for which they satisfy the wage entitlements and shall give the financial institution an order for reimbursement within 10 days of receipt of the employee's application. ';
18. In Article 9, at the end of the text of paragraph 1, the words "valid on the date on which the application for bankruptcy is lodged (11) 'shall be added.
19. in Paragraph 9 (4), the words "and the staff member, when applying the wage entitlements, did not produce documents proving their amount."
20. In Article 9, the following paragraph 5 is inserted after paragraph 4, including footnote 11a:
"(5) The employment office referred to in paragraph 1 or 4 shall grant the staff member a monthly wage entitlement equal to or greater than the minimum wage even if the staff member has not worked in the calendar month to the extent specified in the weekly work programme (11a), but only if the proportion of the wage entitlement corresponding to the shorter working period is reached or exceeded. Where a staff member to whom a wage entitlement is granted pursuant to paragraph 1 or 4 applies a lower amount than the minimum wage, the employment office shall grant him the wage entitlement at the amount applied.
11a) § 83a (5) of the Labour Code. '
Paragraphs 5 to 7 shall be renumbered paragraphs 6 to 8.
21. in Article 9 (7), the word "working" shall be inserted after the words "by 7 at the latest."
22. in Paragraph 9 (8), the word "working" and the number "6" shall be replaced by "7" after the words "by 5 at the latest."
23. Paragraph 10 (1) reads:
"(1) The employment office shall, before meeting the wage entitlements provided for in Article 8, make reductions and levies under the special legislation9), which the employer should have carried out for staff for the relevant monthly period. Where the employment office has decided on the wage entitlement provided for in Paragraph 9, it shall make reductions and levies under the special legislation of the awarded wage entitlement. '
24. In Article 10, the following paragraph 3 is inserted after paragraph 2:
"(3) The Labour Office shall notify without undue delay to the employer, to whom employees and to what extent the wage claims have been met."
Paragraph 3 shall become paragraph 4.
25. in Article 11 (3), the words "and received" shall be inserted after the word "paid" and the words "(Sections 8 and 9)" shall be replaced by "(Sections 8 to 10)."
26. in Article 12 (1), the words "including interest on late payments" shall be deleted;
27. in Paragraph 12 (1) (c), the words' no confirmation 'shall be replaced by' no compliance ';
28. In Paragraph 12, the dot is replaced by a comma at the end of paragraph 1 and the following point (d) is added:
"(d) the application for bankruptcy (5c) has been rejected."
29.
"16) § 4a (4) of Act No 328 / 1991 Coll., as amended."
30. Paragraph 12 (2), including footnotes 18 and 18a, reads as follows:
"(2) The obligation to repay the funds in the cases referred to in paragraph 1 (c) shall be incurred by the employer only if the cancellation of the bankruptcy has taken place because it has been established by the Court that there are no conditions for the bankruptcy declaration (18), except that the insolvency proceedings are cancelled on the ground that the insolvency proceedings are not sufficient to cover the costs of the bankruptcy (18a) resulting in the removal of the employer without liquidation.
18) Paragraph 44 (1) (a) of Act No 328 / 1991 Coll.
18a) § 68 (3) (f) of the Commercial Code. '
31. in Paragraph 12 (3):
"(3) If the employer has not paid the money to the employment office within the period referred to in paragraph 1, he shall be late. After the time limit has expired, he shall be obliged to pay interest on late payments. '
32. In Section 13, the words "paid and paid 'are inserted after the words" paid and paid', and the words "and provided 'are inserted after the words" employees'.
33. In Paragraph 13, the word "admitted 'is replaced by" paid and removed'.
34. At the end of Paragraph 13, the sentence "Interest on late payments shall be applied from the date on which the staff member is paid and the payment of funds under the special legislation9)."
35. At the end of Paragraph 14, the sentence "Interest on late payments shall apply from the date of payment of the staff member."
36. The following Section 14a is inserted after Section 14:
The Ministry of Labour and Social Affairs shall, at the request of the bodies of the Member States of the European Union, which satisfy the wage entitlements of the employer's insolvent employees, provide information (5a) on the payment of the unpaid wage entitlements of employees of the supranational employer in the context of proceedings under this Act. '
Transitional provision
Applications by employees to satisfy the wage entitlements relating to applications for bankruptcy lodged before the date of entry into force of this Act shall be decided by the competent employment office in accordance with existing legislation.
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 118 / 2000 Coll., on the Protection of Employees in the Insolvency of Employees and on the amendment of certain Laws, as is apparent from the Laws amending it.
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 73 / 2006 Coll., amending Act No. 118 / 2000 Coll., on the Protection of Employees in the Insolvency of Employees and on the Amendment of Certain Acts, as amended by Act No. 436 / 2004 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.2006 |
|---|---|
| Effective from | 01.04.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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