Decree No. 80 / 1982 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on amendments to Decree No. 104 / 1964 Coll., implementing the Act on the security of cooperative peasants in sickness and on the security of the mother and child
Valid
Effective from 01.07.1982
80
DECLARATION
Federal Ministry of Labour and Social Affairs
of 25 June 1982
on amendments to Decree No. 104 / 1964 Coll., implementing the Law on the Protection of Cooperative Farmers in Disease and Safety of Mother and Child,
The Federal Ministry of Labour and Social Affairs shall, in agreement with the Federal Ministry of Agriculture and Nutrition, with the Ministries of Labour and Social Affairs of the Republic and with the Central Council of Trade Unions pursuant to § 19a (6) and § 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:
Decree No. 104 / 1964 Coll., implementing the Act on the protection of cooperative peasants in sickness and on the security of the 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. and No. 164 / 1979 Coll., are amended as follows:
1.
Participation in the health and security of the mother and child
Article 4 (3) of the Act
(1) A member of the cooperative is a member of sickness and child security only if, in at least six months in a calendar year, he has worked for at least eight working days or has reached at least 120 CZK per month on the remuneration of the money.
(2) A member of a cooperative whose membership of a cooperative has been created or has ceased to exist during a calendar year shall be a member of sickness and child security if, for at least half of the months in which it lasted in the calendar year, he has worked to the extent specified in the preceding paragraph.
(3) A member of a cooperative for which some of the reasons referred to in paragraph 4 have lasted for a full calendar month (full calendar month) shall be a member of sickness and child security throughout the calendar year if, at the time when those reasons did not last, he has worked on the cooperative for at least half of the months within the scope of paragraph 1.
(4) The reasons referred to in the preceding paragraph are:
(a) incapacity for work (Section 8 of the Act),
(b) the care of a female child (even an adopted or other child who has been taken over by a parent) under the age of three;
(c) military basic service;
(d) the performance of public functions;
(e) training and study (§ 19);
(f) political and professional training;
(g) work carried out outside the cooperative with the consent of the cooperative;
(h) preparation for work, 1)
(i) receiving an invalidity pension until entitlement to or change to a partial invalidity pension has ceased;
(j) care for a loved one, (2) which was predominantly or completely helpless and was not placed in a care institution or similar health care institution;
(k) binding.
(5) A member of a cooperative for which the reasons referred to in points (a), (b), (f) and (k) of paragraph 4 have lasted throughout the calendar year is a member of the sickness and child security throughout the calendar year.
(6) A member of a cooperative in respect of which the care of a minor child (even an adopted or other child, taken into custody of a parent) over three years of age or the execution of a custodial sentence has lasted for a full calendar month (full calendar month), is concerned with the sickness and security of the mother and child for the part of the calendar year in which those reasons did not last, provided that he has worked at least half the months within the scope of paragraph 1. '
2. The words "K § 9 and 29 of the Act 'are inserted above the designation of § 2 and the words" K § 9 of the Act' are deleted under the designation of § 2.
3. In Article 3 (1), the words "as well as working days missed for an excused obstacle to work 'are replaced by the words" working days and holidays for which the cooperative was entitled to compensation for the remuneration, working days missed for an excused obstacle to work, and in cases where the incapacity for work arose after the cessation of security in the illness and security of the mother and child (within a period of protection) also days after the cessation of such security. However, in the number of days dividing by the sum of deductible income, the days for which the cooperative had an overtime allowance shall be included instead of the overtime allowance for work over the specified weekly working hours.'
4. the following paragraphs 8 and 9 are added:
"(8) In the case of a cooperative who has been transferred to another job in connection with pregnancy or maternity and who has become incapacity for work at the time of such transfer, the sickness allowance shall be determined from the total of the deductible income charged on the date of transfer, if this is more favourable to her; If such a cooperative has had a change in working time, the deductible income shall be adjusted in proportion to the new and earlier working time.
(9) If a cooperative who, in addition to working in a cooperative, is employed in mining with a permanent place of work under the ground in deep mines, in coal quarries and in shelters, (3) the conditions for entitlement to sickness insurance under the rules applicable to workers must not be higher than if it had been calculated from the amount of CZK 180. If the sum of the average daily wage and the net daily wage of that mining job exceeds 180 CZK per day, an amount in excess of 180 CZK shall be deducted from the average daily wage in calculating the sickness benefit from the security of cooperative peasants in sickness and the security of the mother and child. This also applies if the other cash benefits referred to in Paragraph 29 of the Act are covered. '
5. The following Section 3a is inserted after Section 3:
Sickness in spa care
Articles 8 (5) and 10 of the Act
(1) A co-worker who has received spa care from sickness insurance during the period of leave for recovery shall be granted sickness treatment for working days during which the spa period is longer than the total period of leave due to him in the calendar year in which he is granted spa care. However, the sickness allowance shall not be granted for working days for which the cooperative has a reduced leave in the calendar year for reasons which he has caused, (4) or for working days corresponding to the number of days of leave that the cooperative has received before the start of the spa care for other purposes, nor shall the sickness be granted for working days corresponding to the number of days of leave that the cooperative has taken before joining the cooperative in the previous cooperative or other organisation, or for days of leave for which he has been compensated for the outstanding leave.
(2) The sickness allowance is granted at an amount otherwise due to the cooperative from the fourth working day of incapacity for work. "
6.
K § 12 and 37 of the Act
(1) An old-age, invalidity or personal pension is entitled to sickness benefits if, for at least three calendar months immediately prior to the occurrence of incapacity for work, he has worked for at least 8 working days in each of those months or has achieved at least 120 Kns in cash wages. If, in any of these months, incapacity for work has persisted throughout the month, the condition of employment shall be deemed to have been fulfilled in that month.
(2) The employment of an old-age pensioner in which a pension is granted at an unchanged rate under the Special Regulations (5) does not result in a withdrawal period. "
7. In Paragraph 12a, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The first incapacity arising from an accident at work shall be regarded as being a work incapacity arising from Article 8 (3) and Article 10 (2) of the Act as an immediate result of an accident at work. If the cooperative has entered work after the end of that incapacity for work and has become incompetent again within two months of such entry and if the second incapacity for work is based on a medical opinion as a result of the same accident at work, it shall be considered as a continuation of the original incapacity for work arising from the accident at work. ';
8. In Paragraph 16a, the following paragraph 3 is inserted after paragraph 2:
"(3) As a transfer to other work referred to in paragraphs 1 and 2, it shall also be assessed - even if there is no change in the type of work - the adjustment of working conditions consisting of:
(a) reducing the standard work performance (e.g. reducing the number of farmed animals treated, reducing the working rate, introducing necessary breaks at work) to eliminate the causes which would prohibit such work from pregnant women and mothers until the end of the ninth month after birth, or which, according to a medical assessment, threaten pregnancy of a woman or her health or maternity leave for health reasons inherent in her person, but not in shortening the working time;
(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. "
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
9. In Paragraph 16a (6), the last sentence reads:
"However, from this number of working days, the working days for which the sick leave was due shall be deducted, the support for the care of the family member, the maternity allowance, the days and the holidays for which the compensation was due, the working days missed for an excused obstacle to the work and the days of the unexcused absence at work."
10. in Article 16a (7), "paragraphs 4 and 5" shall be replaced by "paragraphs 5 and 6" and the following sentence shall be added at the end: "For the days for which the cooperative is entitled to compensation for remuneration, the compensatory allowance shall be paid only if the compensation is lower than the earlier average wage calculated in accordance with paragraph 5."
11. in the first sentence of Paragraph 18 (2), the words "2 years" shall be replaced by the words "three years" and the following sentence shall be inserted after the first sentence: "The assumption is that the new maternity leave took place during the duration of the same cooperative membership or withdrawal period."
12. paragraph 4 shall be deleted in Paragraph 18.
13.
Entitlements of cooperative members in special cases
The rights of members of the cooperative from sickness and maternity and child security in custody and in connection with the execution of the custodial sentence shall be treated in a similar manner to those of the staff of the sickness insure.6) '.
Paragraph 80 is renumbered Article 81.
Transitional provisions
(1) If the facts relevant to the entitlement to the cash benefit occurred before 1 July 1982, the following derogations shall be applied. In assessing the participation of a member of the cooperative in the health and security of the mother and child in the period from 1 January 1982, the provisions of this Decree shall be followed.
(2) The cash benefits provided on 1 July 1982, which the cooperative receives on the one hand for reasons of working in the cooperative, on the other hand, from employment with a permanent place of work under the ground in deep mines, in coal quarry and in shelters referred to in the special regulation, (7) and which have been limited to the maximum net daily wage since 1 July 1982, shall be adjusted without application, taking into account the newly fixed maximum net daily wage.
This Decree shall take effect on 1 July 1982.
Minister:
Štancež v. r.
1) § 130 of Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended.
2) § 10 of Decree No. 128 / 1975 Coll.
3) Part I and II 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 mining workers.
4) Paragraph 40 (2) of the Decree of the Government of the Czechoslovak Socialist Republic No. 138 / 1975 Coll., implementing certain provisions of Act No. 122 / 1975 Coll., on Agricultural Cooperatives.
5) 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.
6) Sections 64 to 68 of the Order of the Central Council of Trade Unions No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance, as amended.
7) Part I and II of the Annex to the Decree of the Government of the Czechoslovak Socialist Republic No 74 / 1982 Coll.
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Regulation Information
| Citation | Decree No. 80 / 1982 Coll., amending Decree No. 104 / 1964 Coll., implementing the Law on the Protection of Cooperative Farmers in Diseases and on the Security of Mother and Child |
|---|---|
| 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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