Decree No. 78 / 1984 Coll.
Decree of the Central Council of Trade Unions on amendments to the Order of the Central Council of Trade Unions No. 95 / 1968 Coll., on the provision of child allowance in sickness insurance
Valid
Effective from 01.09.1984
78
DECLARATION
Central Trade Union Councils
of 22 June 1984
on amendments to the Order of the Central Council of Trade Unions No. 95 / 1968 Coll., on the provision of child allowance in sickness insurance
In agreement with the Federal Ministry of Labour and Social Affairs pursuant to Sections 9 and 63 (2) and (3) of Act No. 54 / 1956 Coll., on sickness insurance for employees, as amended by Act No. 16 / 1959 Coll., and under Section 36 (2) of the Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on the allowance for children from sickness insurance:
The Order of the Central Council of Trade Unions No 95 / 1968 Coll., on the provision of child allowance in sickness insurance, is amended as follows:
1.
Continuous preparation of the child for future occupation
[Paragraph 18 (2) (a) of the Law]
(1) The continuous preparation of a child for a future profession after compulsory education is considered to be
(a) studies at secondary and higher schools (1), except for studies at work (evening, long-distance, external, etc.), combined studies and studies for the duration of military primary service (replacement) or the duration of service of members of the armed forces and corps;
(b) training in specialised training courses;
(c) training training, 2)
(d) preparation for work applications in training facilities for citizens with altered workability (3) 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 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 level, 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). "
2.
Compulsory education
(Paragraph 18 (1) of the Act)
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. ';
3. Paragraph 6 (3) is added as follows:
"(3) Where a worker for the duration of his or her employment in one organisation has, with his or her consent, worked in that organisation for more than one month or has worked in the other organisation without the consent of the first organisation, allowances shall be granted for children in the other organisation; when determining whether the conditions are met, the work of the first organisation shall also be taken into account. ';
4. In Article 7 (1), the words "or" or "shall be inserted after the words" entered into employment. "
5. Article 7 (2) reads as follows:
"(2) The period of time worked shall also be considered in the meantime from the end of one employment to the entry into another if the period of time worked by the worker for the change of employment is not longer than 15 calendar days; This shall apply mutatis mutandis to the intermediate period from the end of another activity which was the reason for the grant of child allowance or from the end of the pension to which the education was granted. ';
6. Paragraph 7 (3) is added as follows:
"(3) In the calendar month in which the worker entered or left his employment and in which he fulfilled the conditions of working time and working hours (even taking into account the periods referred to in paragraphs 1 and 2), the child allowance shall be due even if the worker's insurance did not last for a full calendar month. ';
7. The second sentence of Paragraph 11 (1) reads as follows:
"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 belonged during that period and if they have exceeded that period, only an amount in excess of the correct amount of child allowances shall be deemed to have been overpaid; the condition is, however, that the allowances have only been granted once for the same child and that they have fulfilled their intended purpose. '4)
8. Article 11 (2) (a) reads as follows:
"(a) where the allowances have been granted from sickness insurance to a worker other than the one from whose sickness insurance they should have been granted;"
9. in Paragraph 14 (a), the words "to the school or vocational training centre" shall be replaced by the words "to the secondary school or special training centre, or";
10. in Paragraph 14, point (d) is added as follows:
"(d) decide on the payment of allowances for children in the hands of an adult child to whom they have been granted if such a procedure is in his favour."
This Decree shall take effect on 1 September 1984.
Chairman:
Hoffmann v. r.
1) Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act). Act No. 39 / 1980 Coll., on Higher Education.
2) Paragraph 142 (2) of the Labour Code.
3) Section 130 of Decree No. 128 / 1975 Coll., implementing the Social Security Act.
4) Article 14 of Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on allowances for children from sickness insurance.
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Regulation Information
| Citation | Decree of the Central Council of Trade Unions No. 78 / 1984 Coll., on amendments to the Order of the Central Council of Trade Unions No. 95 / 1968 Coll., on the provision of allowances for children in sickness insurance |
|---|---|
| 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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