Decree No. 74 / 1984 Coll.
Decree of the Federal Ministry of Labour and Social Affairs amending and supplementing Decree No. 104 / 1964 Coll., implementing the Act on the security of cooperative peasants in sickness and the security of the mother and child, as amended
Valid
Effective from 01.09.1984
74
DECLARATION
Federal Ministry of Labour and Social Affairs
of 21 June 1984
amending and supplementing Decree No. 104 / 1964 Coll., implementing the Law on the security of cooperative peasants in sickness and on the security of the mother and child, as amended
The Federal Ministry of Labour and Social Affairs shall, in agreement with the Federal Ministry of Agriculture and Nutrition, the Ministries of Labour and Social Affairs of the Republic and the Central Council of Trade Unions pursuant to Section 144 of Act No. 103 / 1964 Coll., on the security of cooperative peasants in sickness and on the security of the mother and child, as amended by Act No. 116 / 1967 Coll., on certain other changes in social security of cooperative peasants:
Decree No. 104 / 1964 Coll., implementing the Act on the Protection of Cooperative Farmers in Diseases and on the Security of Mother and Child, as amended by Regulations No. 142 / 1965 Coll., No. 117 / 1967 Coll., No. 92 / 1968 Coll., No. 180 / 1968 Coll., No. 76 / 1970 Coll., No. 128 / 1975 Coll., No. 54 / 1976 Coll., No. 164 / 1979 Coll., No. 80 / 1982 Coll. and No. 153 / 1983 Coll., shall be amended as follows:
1. Paragraph 1 (4) (e) reads as follows:
"(e) continuous preparation of the child for a future occupation (§ 19),"
2. the following shall be added to Article 2 (5) (f):
"(f) to conclude an agreement on working conditions, if it concerns an old-age pensioner."
3. Paragraph 4 is deleted. Paragraphs 5 to 9 shall be renumbered paragraphs 4 to 8.
4. In Paragraph 15a, the present text becomes paragraph 1 and the provision is added to paragraph 2:
"(2) If a student or a student who is a member of a cooperative begins to work in a cooperative during or for part of the school holidays, the sick leave of that activity shall be granted at the latest until the end of the school holidays in the event of incapacity for work; after the end of the school holidays shall be provided only if the incapacity for work (quarantine) also prevents the study, taking up employment or working in the cooperative after completion of the study. ';
5.
Continuous preparation of the child for future occupation
(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), except for studies at work (evening, long distance, external, etc.), combined studies and studies for the duration of military basic service (replacement) or the duration of service of members of the armed forces and corps;
(b) training in specialised training courses;
(c) training training, 20)
(d) preparation for work applications in training facilities for citizens with altered skills 21) and in youth facilities 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 profession 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 an equivalent study at the schools referred to in paragraph 1 (a).
Compulsory education
The period of school holidays following the end of the school teaching period of the school year in which the child completes the last year of compulsory schooling shall also be considered as compulsory schooling, provided that he has not entered permanent employment at that time or has not started other permanent work. ';
6. The following words are added at the end of Paragraph 22 (2): "and the period of time for which a member of the cooperative did not work due to childcare under three years of age."
7. The heading under Section 23 is deleted.
8. In Article 23 (2), the words "or he left the cooperative 'shall be inserted after the words" entered the cooperative'.
9. Article 23 (3) and (4) are added as follows:
"(3) It shall also be considered as working days after the termination of membership of another cooperative if the period during which the cooperative did not work does not exceed 15 calendar days; This shall apply mutatis mutandis to the days from the end of the employment, or to any other activity which justified the granting of child allowance or the retirement pension to which the education allowance was granted.
(4) In the month in which the cooperative entered or left the cooperative and in which he fulfilled the conditions of working time and working days (including the days referred to in the preceding paragraphs), the child allowance is due, although the security of the cooperative did not last for a whole month. '
10.
(1) Where a cooperative receives child allowances to be provided from another security system, the provision of such allowances shall be stopped from the month in which it was found. Children's allowances for the preceding period shall not be regarded as overpayments unless they have exceeded the amount at which they would otherwise have been due for that period and if they have exceeded that period, only an amount in excess of the correct amount of child allowances shall be considered as overpayments; However, the condition is that the allowances were granted only once for the same child and that they have fulfilled their intended purpose.
(2) The provisions of the preceding paragraph shall apply mutatis mutandis where child allowances have been granted to children from the security of another cooperative or where allowances have been granted, even if they were educational. ';
11. in Article 34 (a), the words "to a teaching relationship or" shall be replaced by the words "to a secondary school or to a special vocational training centre, or";
12. § 36a is renumbered § 37.
13.
Where a one-off benefit (childbirth aid, death grants) has been granted from a security (insurance) other than an authorised cooperative, it shall not be regarded as an excess if it does not exceed the amount to which it would otherwise have belonged; However, the condition is that it has only been paid once and that it has fulfilled its intended purpose. ';
14. Sections 83 and 89 shall be deleted.
This Decree shall take effect on 1 September 1984.
Minister:
M. Boda v. r.
19) Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act). Act No. 39 / 1980 Coll., on Higher Education.
20) Paragraph 142 (2) of the Labour Code.
21) Section 130 of Decree No. 128 / 1975 Coll., implementing the Social Security Act.
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Regulation Information
| Citation | Decree No. 74 / 1984 Coll., amending and supplementing Decree No. 104 / 1964 Coll., implementing the Law on the Protection of Cooperative Farmers in Diseases and on the Security of Mother and Child, 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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