Decree No. 84 / 2005 Coll.
Ordonnance on catering costs and their reimbursement in contribution organisations established by local authorities
Valid
Effective from 01.03.2005
84
DECLARATION
of 14 February 2005
on the cost of meals and their reimbursement in the contribution organisations set up by the local authorities
The Ministry of Finance provides pursuant to § 33b of Act No. 250 / 2000 Coll., on the budgetary rules of territorial budgets, as amended by Act No. 557 / 2004 Coll.:
Subject matter
This decree regulates the cost of meals and their reimbursement in contributory organisations set up by local authorities (1) (hereinafter referred to as "organisations').
Food provided in organisations in their own facilities
In an organisation which itself provides catering in its own catering establishment, the cost of catering consists of:
(a) the cost of raw materials used to prepare the main meals to be served for meals (hereinafter referred to as "the purchase price of raw materials");
(b) the cost of raw materials consumed for the preparation of additional meals and beverages ("complementary food");
(c) other operating costs of catering (in-kind, personal and other overheads), including losses resulting from the natural loss of raw materials (hereinafter "operating costs").
(1) The costs referred to in Article 2 (a) and (b) are fully borne by the diners and by the contribution from the cultural and social needs fund (2) provided for by a collective agreement or internal regulation (hereinafter referred to as the contribution from the fund).
(2) The costs of operations referred to in Article 2 (c) are borne by the organisation in full, on the basis of the costs of its main activity.
(3
(a) in the case of the main meal, the purchase price of raw materials which may be reduced by the contribution from the Fund to staff members in employment (hereinafter referred to as "reduced remuneration");
(b) for complementary food, the purchase price of raw materials.
(4) The organisation shall provide the staff referred to in paragraph 3 with a reduced remuneration of only one main meal per calendar day, provided that the staff member carries out the work for the organisation for at least 3 hours per calendar day at the place of work agreed in the smopova3a) or at the place of work provided for in the appointment).
(5) The organisation may provide the staff referred to in paragraph 3 with additional main meals for reduced remuneration on a calendar day if the staff member carries out work for the organisation for more than 11 hours in total with a compulsory break in the work required by the employer to provide the staff member under the Labour Code 3b), on a given calendar day at the place of work agreed in the employment contract 3a) or at the place of work provided for in the appointment 5).
(6) The organisation may provide one main meal per day for reduced remuneration to former staff members who worked for it on retirement or disability pension for a third-degree disability if this is permitted by a collective agreement or internal regulation.
(7) The organisation may provide staff working for it on the basis of work agreements outside the employment relationship, where this is allowed in a collective agreement or provided for in an internal regulation, one main meal in a calendar day for payment equal to the purchase price of the raw material if their presence at work lasts for at least 3 hours in that calendar day.
(8) If the organisation provides food under a catering contract to an organisational body of the State, a legal or natural person, the agreed price of the main meal must cover all costs associated with its acquisition pursuant to § 2.
Meals provided through the state's organisational body, legal or natural person
In an organisation providing catering under contract with the organisation of the state, the legal or natural person shall be the cost of catering for the service provided, agreed in the contract.
(1) The organisation shall pay up to 55% of the cost of the main meals in accordance with Section 4, and the cost of its main activities. The maximum remuneration may not exceed 70% of the upper limit of the subsistence allowance for the duration of a five to 12-hour journey under the special legislature4). The remaining part of the negotiated price shall be paid by the staff member referred to in Article 3 (3). The organisation may grant them a contribution from the Fund.
(2) The organisation shall provide the staff referred to in Article 3 (3) with a reduced remuneration of only one main meal on a calendar day if the guest carries out work for the organisation for at least 3 hours in a given calendar day at the place of work or at the place of work provided for in the appointment (5). The organisation may provide the staff referred to in Article 3 (3) with, for reimbursement in accordance with the sentence of the first main meal on a given calendar day, provided that the staff member carries out the work for the organisation for more than 11 hours in total, with a break in the work which the employer is obliged to provide to the employee under the Labour Code (3b), the place of work agreed in the employment contract (3a) or the place of work provided for in the appointment (5).
(3) The costs associated with the import and supply of food in the case of the importation of food into its own dispensary are borne by the organisation from the costs of its main activity.
Catering provided by the state, legal or natural person in its own facilities
(1) If the preparation and delivery of meals are provided by the organisation in its own catering establishment by an organisational body of the State, by a legal or natural person in the form of a service, provided that the costs of operation are borne by the costs of the organisation's main activity, the treatment shall be treated mutatis mutandis in accordance with Section 3.
(2) In the case of contract catering by the hire of own catering equipment, the organisation of the state, legal or natural person shall be considered as the cost of catering up to 55% of the contract price of the main meals. However, the cost of eating with the organisation shall not exceed 70% of the upper limit of the diet for the duration of the journey 5-12 hours under the special legislation4). The organisation shall cover the costs of its main activity. Other payments shall be treated mutatis mutandis in accordance with Article 5 (2) and (3).
Common provisions
(1) Where catering is provided in its own catering establishment pursuant to § 2 and 3 or under § 6 (1), the organisation may not at the same time provide catering through the organisation of the State, legal or natural person referred to in § 4 and 5, with the exceptions set out in paragraph 2.
(2) Where catering is provided in its own catering establishment, only the staff referred to in Article 3 (3) may be provided via the organisation of the state, legal or natural person,
(a) which cannot otherwise be provided with a diet corresponding to its health status; the requirement to provide a diet corresponding to the health status of the worker must be documented to the organisation by a written medical certificate with the recommended diet type, issued by the competent expert,
(b) which, on the basis of a decision taken by the organisation, carries out work for an organisation outside the workplace at another agreed location (6),
(c) where the main meal or, where appropriate, the next main meal falls within the time when the food establishment itself is closed; or
(d) as regards the period during which the food establishment itself is out of service.
(3) In the cases referred to in paragraph 2, the organisation may, instead of providing food security for employees pursuant to paragraphs 4 and 5, provide a cash allowance for meals under Article 33b (4) of the Law on the budgetary rules of the territorial budgets. If the organisation decides to provide the staff of the catering service referred to in paragraphs 4 and 5 in the cases referred to in paragraph 2, or decides to provide the staff of the staff of the catering service, it shall treat all the staff concerned equally.
(4) Each locally separated workplace shall proceed separately in accordance with paragraphs 1 to 3.
(5) Where catering is provided and paid in accordance with § 4 and 5, it may be provided and paid under a contract with several organisational elements of the State, legal or natural persons.
Efficacy
This Decree shall take effect on 1 March 2005.
Minister:
Sobotka v. r.
1) Paragraph 23 (1) (b) of Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets.
2) § 7 of Decree No. 114 / 2002 Coll., on the Fund of Cultural and Social Needs.
3) Articles 65 (2) and 96 (2) of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Law of Education).
(3a) Paragraph 34 (1) (b) of the Labour Code.
(3b) Sections 88 and 89 of the Labour Code.
4) Paragraph 176 (1) (a) of the Labour Code.
5) Paragraph 33 (3) of the Labour Code.
6) Paragraph 2 (2) of the Labour Code.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 84 / 2005 Coll., on catering costs and their reimbursement in contribution organisations established by local authorities |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.02.2005 |
|---|---|
| Effective from | 01.03.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0