Decree No. 8 / 1960 Coll.
Decree on sickness insurance and pension insurance for students and pupils at production work in establishments
Valid
Effective from 09.02.1960
8
DECLARATION
Central Councils of Trade Unions and State Social Security Office
of 18 January 1960
on sickness insurance and the pension insurance of students and pupils at production work in the factories
The Central Council of Trade Unions and the State Social Security Office shall determine, pursuant to § 2 (3) (c) and § 9 of Act No. 54 / 1956 Coll., on the sickness insurance of employees (hereinafter referred to as "the sickness insurance law '), § 3 (3) (c) and § 32 of the Act No. 55 / 1956 Coll., on social security (hereinafter referred to as" the Social Security Act') and on the basis of the principles laid down by the Government Resolution of 23 October 1959:
Production work of students in employment
In the case of university students who, in the course of their studies, work in production (hereinafter referred to as "production work '), are employed in the establishment, the general rules on sickness insurance and occupational pensions apply in this production work, unless there is a derogation from other provisions of this Decree.
The net daily wage for the determination of incapacity for work for sickness or accident shall be calculated as follows:
1. The basis for the calculation is the deductible earnings achieved by the student during the production work at the plant during the relevant period *) before the onset of incapacity for work. From this basis, the wage tax is deducted, the result is rounded up to the whole crown and divided by the number of days in which the student worked in the factory during the relevant period. If the student has unconditionally missed certain working days from the beginning of the relevant period to the date of incapacity for work, these days shall be added to the number of days of profit sharing.
2. If an incapacity for work had already occurred in the calendar month in which the student began to perform the production work or if the student had not carried out the production work in the relevant period or six working days, the basis for calculating the deductible earnings that the student would likely have achieved for one average exchange of production work after deduction of the wage tax; if the student has missed an unexcused number of working days in the race, this shall be taken into account when determining the likely earnings.
3. From the amount determined in accordance with points 1 or 2, the net daily wage shall be determined by the ratio in which the total period of production determined by the teaching plans and syllables for a specific period (e.g. school year, semester) to the total working time corresponding to the generally applicable rules for that period. *)
The net daily wage for the determination of the sickness allowance at quarantine, for the determination of the support for the treatment of a family member and for the determination of monetary assistance at maternity shall be determined mutatis mutandis in accordance with the provisions of Section 2.
In the first 30 calendar days of the period of incapacity for work, sick leave shall be granted only for those working days in which the student would perform the production work in the establishment according to the curriculum and curriculum; after that period, sickness benefits are granted for each working day of incapacity for work.
If a student's incapacity for work persists in a semester in which, according to the curriculum and the curriculum of production work, he is no longer sick at the plant only if he is unable to perform his duties and duties for incapacity.
(1) Until an uninterrupted period of employment in the same undertaking, according to which the sickness rate is fixed, the former periods of employment and periods of employment shall be taken into account for the student in the establishment, if they are counted under the general rules on occupational sickness insurance. * *)
(2) Until 270 days of insurance required to qualify for maternity benefit at the establishment, the student shall be credited with all periods of insurance she has received in the last two years before the date of birth under the Staff Regulations. *)
Support for the birth of the child and the death grants shall not be granted from the insurance of a student in the establishment, but from his insurance at school under Decree No 102 / 1957 of the Ú. l., on sickness insurance and on the pension insurance of students and scientific aspirants; This also applies to student child allowances.
(1) For the purposes of pension insurance, the income of a student under 23 years of age shall be taken to be the amount of 800 CZK and the income of a student after that age shall not be taken into account if it is not higher than that. If a student has achieved a higher earnings in production work in any month, his or her earnings in that month shall be considered as his or her earnings instead of the amounts mentioned, the gross earnings actually made in manufacturing work.
(2) A student who is disabled or partially disabled as a result of an accident at work which he or she has suffered during or in connection with the manufacturing work shall be regarded as a student's earnings, if it is more favourable to him or her, as a gross profit that he or she would have achieved in the production work if he or she had done it during the full working time provided for by the legislation for the relevant work sector.
The employer's pension obligations are also fulfilled at the time of production work by the school for which students are trained. The race must communicate to the school the information necessary to fulfil these obligations.
School-related manufacturing work
For students of higher education who, in the course of their studies in accordance with the teaching plans and syllabus of production work in the preparatory period, the provisions of Sections 5 to 7, § 8 (1) and § 9 apply in this production work; otherwise they are subject to the provisions of the first to third sections of Decree No 44 / 1959 Úl, on sickness insurance and on the pension insurance of apprentices.
The provisions of the first section of this Decree shall apply to sickness insurance and pension insurance for university students who, in their studies in the establishment according to their teaching plans and syllabus of production work in the professional development period; they also have an equivalent provision in force on which accidents are considered to be accidents at work for apprentices and how the period of the teaching relationship is assessed for the determination of the working category. *)
Provisions common, transitional and final
The provisions of the first and second sections shall also apply mutatis mutandis to pupils of vocational schools, pedagogical schools, and to the selection stages of general education, provided that, according to their teaching plans and syllabus, production work is carried out in a working or teaching relationship.
The sickness insurance and pension insurance of students and, where applicable, of pupils under this Decree, are not affected by their insurance (security) for the purposes of studies under the first part of Decree No 102 / 1957 Ú. l.
Students and pupils who perform in the establishment according to the curriculum and curriculum of production work other than in the working or teaching relationship are insured only under the conditions and to the extent specified by Decree No. 102 / 1957 Ú. l. The accident suffered by these students or pupils in the production work at or in connection with the establishment shall be considered as an accident at work. * *)
(1) If this would require a derogation from the production work at the plant, the Central Council of trade unions may, in agreement with the Ministry of Education and Culture, adjust the calculation of the net daily wage by way of derogation from the provisions of Sections 2 and 3.
(2) If a student's or pupil's incapacity for work is maintained in connection with production work even during the main school holidays, the Regional Trade Union Council may, in cases where appropriate, allow an exemption from § 4 and grant sick leave in the first 30 days of incapacity for each working day.
(1) Entitlements arising from sickness insurance due to the production work of students and pupils in the period from 1 September 1959, which were not yet decided on the date of application of this Order, are assessed in accordance with this Order.
(2) In the pension scheme, the production work of students and, where applicable, pupils and the claims thereof shall be assessed in accordance with the provisions of this Decree as from 1 September 1959.
The provisions of this decree do not apply to participants in extraordinary forms of study (e.g. external, evening, long distance).
This decree shall take effect from the date of its publication.
Chairman of the State Social Security Office:
Erban v. r.
Chairman of the Central Council of Trade Unions:
Zupka v. r.
*) See Article 3 (1) of Decree No 258 / 1956 Ú. l., on the provision of cash benefits in occupational sickness insurance, as amended by Decree No 184 / 1957 Ú. l.
*) This ratio is usually calculated for the entire school year (faculty), which sends students to production work. It is part of the arrangement for production work between school and plant and always applies to all students sent with the same modification of production work. Example: Students of the University of Technology Engineering Faculty perform manufacturing work in the plant generally in each calendar month for 3 weeks; However, during certain periods they do not work for a longer period, which is reserved for preparation for tests and for the composition of tests. The ratio of the total time of production to the total legal working time during the school year is 0,6 according to the arrangements for production work between the school and the plant. The student became incapable of working for the disease, for example, on 15 December 1959. During the relevant period, his deductible income in the plant, i.e. in September, October and November 1959, after deduction of the salary tax was 1050 CZK. During this period he worked 46 working days. On one working day, the average net earnings are CZK 22.82 (1050: 46). The net daily wage, determined by the above ratio of 0,6, which is the basis for the calculation of the sick allowance, shall be after the rounding of 14 CZK (22,82x0,6).
* *) § 18 paragraphs 4 to 6 of the sickness insurance law and Articles 14 to 23 of Decree No. 258 / 1956 Ú. l.
*) These periods shall also be taken into account in order to obtain, where appropriate, a student's simultaneous entitlement to maternity assistance under Order No. 102 / 1957 Ú. l.
* *) § 4 of Decree No. 102 / 1957 Ú. l.
*) § § 2 and 11 of Decree No. 44 / 1959 Ú. l.
* *) § 3 of Decree No. 102 / 1957 Ú. l.
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Regulation Information
| Citation | Decree of the Central Council of Trade Unions and State Social Security Office No. 8 / 1960 Coll., on sickness insurance and pension insurance for students and pupils during production work at the plants |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.02.1960 |
|---|---|
| Effective from | 09.02.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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