Decree No. 79 / 1982 Coll.
Decree of the Central Council of Trade Unions on amendments to the Order of the Central Council of Trade Unions No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance
Valid
Effective from 01.07.1982
79
DECLARATION
Central Trade Union Councils
of 25 June 1982
on amendments to the Order of the Central Council of Trade Unions No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance
The Central Council of Trade Unions provides, pursuant to § 51 (1) and § 63 (2) of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 16 / 1959 Coll. and Act No. 87 / 1968 Coll. and under § 36 (1) of the Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on child benefits from sickness insurance:
Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance, as amended, is amended as follows:
1. Paragraph 2 (1) (d) reads as follows:
"(d) wage for work above the fixed weekly working hours, (1) including overtime allowance; However, the wage for such work shall be included in the deductible earnings where a replacement leave is provided; ';
2. In Article 2, the following paragraph 2 is inserted after paragraph 1:
"(2) (2) The provisions of the preceding paragraph shall apply to a miner with a permanent place of work under the ground in the underground coal and lignite mines which carry out the employment referred to in the special regulation, except that the wage for the work carried out on Saturdays fixed in advance by the mining direction.3) '. Paragraphs 2 and 3 shall become paragraphs 3 and 4.
3.
"(2) The sickness allowance per working day shall be calculated on the net daily salary of the worker, but not more than 120 Kčs on a five-day working week, by the percentage due to his period of employment; 4) this amount shall be adjusted proportionately if the fixed weekly working hours are divided into a different number of working days per week. 5) '.
4. the following paragraph 3 is added to Article 5:
"(3) In the case of a worker with a permanent place of work in the underground mines, in coal quarries and in shelters carrying out the work referred to in the special regulation, (6) the sick leave on a working day shall be calculated from his net daily wage, but not more than 180 Ccs on a five-day working week, at the rate due to his employment period; (4) this amount shall be adjusted proportionately if the fixed weekly working hours are allocated to a different number of working days per week. 5) '.
5. In Paragraph 6 (2), the following sentence is added at the end: "However, in the case of a worker referred to in Paragraph 2 (2), the number of days dividing by the deductible earnings shall not include the Saturdays fixed in advance by the mining scheme, 3), which should have worked during the relevant period."
6. In Article 6 (5), the words "§ 2 (2) 'are replaced by the words" § 2 (3)'.
7. In Article 23 (1), the following sentence is added at the end: "The worker referred to in Article 2 (2) shall also be provided for Saturdays provided for in advance by the mining scheme, (3) in which he should have worked in the absence of incapacity for work or quarantine."
8. In Paragraph 23 (3), the following words are added at the end: "or for which the monthly salary is not otherwise reduced."
9. In Paragraph 25 (3), the words "(e.g. because the waiting period of 270 days of insurance is not fulfilled) 'are deleted.
10. in Paragraph 26, paragraph 3 is deleted.
11. Article 27 (3) is added as follows:
"(3) In the cases referred to in the preceding paragraph, the sickness allowance shall be granted at an amount otherwise due to the worker from the fourth working day of incapacity for work. (7) ';
12.
(1) If the total of the staff member's net daily wages from several employment exceeds 120 CZK (Section 5 (2)), a proportion of the staff member's net daily wage is excluded from the net daily wage, in the case of a job in which the staff member has a shorter working time or if the employment is the same, in the case of a job in which he usually reaches lower earnings. 8)
(2) If the total of the net daily wages of a worker from several jobs, at least one of which is a job with a permanent place of work in the underground mines, in the coal quarries and in the shelters referred to in the special regulation, (6) an amount of 180 Ccs (§ 5 (3)), the part in the calculation of the net daily wage sickness in excess of that amount shall be excluded in the employment in which the worker has shorter working time or, if the work is the same, in the employment in which he usually has lower earnings. 8). "
13. The first sentence of Paragraph 36 (1) reads: "A worker whose incapacity to work for active tuberculosis lasts for more than 1 month may be increased up to the amount of his net daily salary from which the sickness is fixed, but not more than 120 CZK per working day (§ 5 (2))."
14. Paragraph 36 (2) reads as follows:
"(2) In the case of a worker with a permanent place of work under the ground in deep mines, in coal quarries and in shelters engaged in the work referred to in the Special Regulation (6) and whose incapacity for active tuberculosis lasts for more than 1 month, the sickness allowance may be increased up to the amount of his net daily wage from which the sick leave is fixed, but not more than 180 CZK per working day (Section 5 (3)); otherwise the provisions of the preceding paragraph shall apply. '
15. in Paragraph 41 (1), the words "Paragraph 3 (1) (2) (c) of Act No 67 / 1965 Coll." are replaced by the words "Paragraph 25 (1) (2) (c) of Act No 54 / 1956 Coll., on sickness insurance for employees, as amended by Act No 87 / 1968 Coll."
16. in Paragraph 41 (2), "§ 3 (1) No 3 of Act No. 67 / 1965 Coll." is replaced by "§ 25 (1) No 3 of Act No. 54 / 1956 Coll., as amended by Act No. 87 / 1968 Coll."
17. Article 45 (1) reads as follows:
"(1) If a worker starts a new maternity leave no later than the month after her previous child has reached the age of three and fulfils the conditions for entitlement to maternity allowance, this allowance shall be fixed on the same net daily salary as in the previous maternity leave; the condition is that the new maternity leave has taken place during the duration of employment in the same organisation or within a period of withdrawal after its termination. However, if such a worker has worked in the organisation for at least 25 working days from the end of the previous maternity leave until the start of the new maternity leave, she shall be provided for in the new maternity leave provided for in Paragraph 44, if it is more favourable to her. '
18. In Paragraph 46, the following sentence is added at the end: "The worker referred to in § 11 (1) of Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on the allowance for children from sickness insurance, does not claim maternity benefit on the basis of this form but on the basis of her request; it is obliged to demonstrate at the same time the facts referred to in § 11 (1) of Act No. 88 / 1968 Coll. '.
19. Paragraph 47 shall be added to paragraph 4:
"(4) As a transfer to another work referred to in paragraphs 1 and 3, it also assesses - even if there is no change in the type of work - such an adjustment to the working conditions which consists of:
(a) reducing the standard work performance (e.g. reducing the number of machines operated, reducing the speed of the equipment operated, reducing the working pace, introducing necessary breaks at work), eliminating the causes on which such work is prohibited to pregnant women and mothers by the end of the ninth month after birth or which, according to a medical opinion, threaten pregnancy or her health or maternity leave from the health causes inherent in her person, but not in shortening the time of work;
(b) that a pregnant woman or mother shall be exempt from certain work activities which she has previously performed, by the end of the ninth month following birth, from those which are prohibited from pregnant women and mothers by the end of the ninth month after childbirth or which, according to a medical opinion, threaten the pregnancy of a woman or her health or maternity leave for health reasons inherent in her person; if, by the end of the ninth month following the date of birth of the pregnant woman or mother, there is a reduction in the working time of the said work, such adjustment of the working conditions cannot be regarded as a transfer to another work;
(c) in the transfer of a pregnant woman or mother by the end of the ninth month following birth to another place of work, on the grounds that her current workplace (job) is one which is prohibited from pregnant women and mothers until the end of the ninth month after birth, or that commuting to an existing workplace (job) endangers the pregnancy of a woman or her health or maternity mission, according to a medical assessment;
(d) that the pregnant woman or mother shall be relieved of night work by the end of the ninth month following birth. "
20. Paragraph 49 (c) reads as follows:
"(c) No account shall be taken of the amounts by which the earlier hourly wage exceeds the amount calculated per working hour9) according to the length of the weekly working time laid down, (1) which apply to the operations in which the worker is active, of the amount of 600 CZK and of a worker with a permanent place of work under the ground in deep mines, in coal quarries and in shelters engaged in the work referred to in the special regulation, (6) of 900 Kcs."
21.
"(e) If, after transfer to another work, the worker has a longer fixed weekly working time, 1) than before transfer, her deductible earnings for the relevant period shall be divided by the number of hours corresponding to the fixed weekly working hours (1) of the worker after transfer."
22. In Paragraph 52 (2), the following words are added at the end: "even if the worker does not care for the child or the child dies."
23. Paragraph 73 (1) (d) reads as follows:
"(d) from the employment of an old-age pensioner, in which he is also entitled to an unchanged pension under the Special Regulations (10)."
(1) If the facts relevant to the entitlement to a cash benefit [incapacity, need for care (care) of a member of the family, entry into maternity leave, transfer to another work due to pregnancy or maternity] occurred before 1 July 1982, the following derogations shall be followed.
(2) The cash benefit granted on 1 July 1982 to a worker with a permanent place of work under the ground in deep mines, in coal quarries and in shelters carrying out the employment referred to in the special regulation, (6) whose amount was limited to the maximum net daily wage as of 1 July 1982, shall be adjusted without application, taking into account the newly fixed maximum net daily wage.
(3) The provisions of the preceding paragraph shall apply mutatis mutandis to the determination of monetary aid in maternity matters which workers with a permanent place of work in underground mines, coal quarries and shelters carrying out the employment referred to in the special regulation, (6) belong to the same net daily wage as in previous maternity leave, even if such a worker takes up a new maternity leave after 30 June 1982.
(4) The withdrawal period from the employment of an old-age pensioner ending before 1 July 1982 is assessed in accordance with the current rules.
This Decree shall take effect on 1 July 1982.
Chairman:
Hoffmann v. r.
1) Section 83 of the Labour Code.
2) Part I of the Annex to the Decree of the Government of the Czechoslovak Socialist Republic No. 74 / 1982 Coll., on certain adjustments to sickness insurance and pension insurance for miners.
3) Decree of the Government of the Czechoslovak Socialist Republic No. 75 / 1982 Coll., on special additional leave for workers working in underground coal and lignite mines.
4) Article 18 of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 87 / 1968 Coll. and Sections 14 to 20 of Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance.
5) Sections 84 and 85 of the Labour Code.
6) Part I and II of the Annex to Government Decree No. 74 / 1982 Coll.
7) Paragraph 18 (1) of Act No. 54 / 1956 Coll. as amended by Act No. 87 / 1968 Coll.
8) If there is work in co-operation with work in the single agricultural cooperative, an amount exceeding the fixed total is excluded when calculating the sickness in the single agricultural cooperative (Section 29 (2) of Act No. 103 / 1964 Coll. as amended).
9) This amount amounts to CZK 600, or CZK 900, for example, at CZK 42.5 per hour weekly working hours of CZK 14,10, or CZK 21,10 per hour, or CZK 14,20 per 42 hour weekly working hours of office hours of CZK 21,40, or CZK 41,25 per hour weekly working hours of CZK 14,50, or CZK 21,80 per hour.
10) Decree of the Government of the Czechoslovak Socialist Republic No. 135 / 1975 Coll., on the exceptional provision of pension to certain working pensioners, as amended.
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Regulation Information
| Citation | Decree No. 79 / 1982 Coll., amending Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1982 |
|---|---|
| Effective from | 01.07.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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