Decree No. 91 / 1958 Coll.
Decree to publish the measures of the Central Council of Trade Unions on the organisation and implementation of staff sickness insurance
Valid
Effective from 01.01.1959
91
Decree of the Prime Minister
of 28 December 1958
publishing the measures of the Central Board of Trade Unions on the organisation and implementation of staff sickness insurance
The Prime Minister declares, pursuant to Article 63 (1) of Act No. 54 / 1956 Coll., on staff sickness insurance, the attached measure of the Central Council of Trade Unions of 22 December 1958 on the organisation and conduct of staff sickness insurance, issued with the consent of the Government of the Czechoslovak Republic.
Broad v. r.
Measures of the Central Council of Trade Unions
of 22 December 1958
on the organisation and implementation of staff sickness insurance
With the agreement of the Government of the Czechoslovak Republic pursuant to § 63 (1) of Act No. 54 / 1956 Coll., on the sickness insurance of employees (hereinafter referred to as "the Act"):
Preliminary provisions
The income and expenses of sickness insurance are part of State revenue and expenditure.
Where workers are referred to in this measure, this means workers covered by the rules on occupational sickness insurance.
The sickness insurance authorities and their tasks
Tasks of the establishment in carrying out sickness insurance
Tasks and responsibilities of the plant
(5) The plant is obliged to make good the damage caused to the State (sickness insurance) by infringing or neglecting the obligations laid down in this part of the measure or by other malpractice.
Management with sickness insurance
Management of sickness insurance
(1) The funds intended to carry out sickness insurance are managed by the competent authorities.
(2) The plant reports sickness insurance funds separately from its own funds.
(3) Sickness insurance means cannot be used for purposes other than those of sickness insurance.
Revenue and expenditure on sickness insurance
(1) The income of sickness insurance is:
(a) sickness insurance (hereinafter referred to as "insurance"),
(b) insurance premium (§ 27),
(c) periodic penalty payments for non-payment of premiums (Section 28);
(d) periodic penalty payments for non-compliance with other obligations imposed on establishments (§ 13 (4), § 24 (5), § 50 (3)),
(e) income from claims for compensation for benefits paid against employers or other persons;
(f) other income (refunds, etc.).
(2) Sickness insurance expenditure is:
(a) expenditure on sickness benefits and family allowances;
(b) reimbursement to the State Health Administration for the spa care provided;
(d) subsistence allowances in night care centres;
(e) the costs of carrying out sickness insurance in the competent authority;
(f) other expenditure (training, instruction, etc.).
Insurance
(1) The premium shall be determined at a fixed rate from the sum of the salaries of all employees of the same employer. Only wages from activities which provide for participation in sickness insurance shall be included in this total. Wages means wages for work under the payroll tax rules, unless they are directly exempt from that tax by law.
(2) The rate of the premium shall be laid down by law or, where appropriate, by the provisions laid down therein.
Employer
(1) Insurance is paid by the employer.
(2) As regards the employer's tasks arising from the insurance rules, the employer shall be regarded as a plant within the meaning of Article 5 (1). If the plant does not have the necessary authorisations under the organisational rules applicable to it in order to carry out these tasks itself, it shall be carried out by the organisational body called upon under the relevant rules; In doing so, this component is valid for what is otherwise specified for the race.
Maturity of premiums
The insurance shall be paid for each calendar month; is due on the day of the race for payment of wages and salaries for the month in question. In establishments where the pay of wages for individual sections (establishments, workshops) is spread over different days, the due date of the premiums for the whole plant shall be the day of the last payment of the paid wages for the previous calendar month. If this day is not specified, the premium shall always be due on the first day of each calendar month for all payment periods completed in the preceding month.
Reporting, clearing and payment of benefits and premiums
(3) If the plant has wrongly chosen a remuneration for benefits which it may not show and pay under Paragraph 24 (2), it shall be obliged to pay a premium equal to the amount of the wrongfully collected remuneration.
(4) The competent authority shall prescribe, by the payment period of the establishment referred to in paragraph 1, insurance premiums if the establishment:
(a) it has not declared them at all or calculated them and has reported them incorrectly at a lower rate; or
(b) incorrectly deduct from insurance benefits which, pursuant to Article 24 (2), may not be recognised and paid, thereby shortening the undue contribution.
Reinsurance premium
(1) If the establishment does not comply with the rules on safety and health at work or the rules on safety and health at work, or with the applicable decision of the national health authority, or if, according to the findings of those authorities, the plant is not properly installed or properly operated, the competent authority of the plant's sickness insurance shall impose a payment rate on the insurance premium.
(2) The premium shall be imposed up to 5% of the total wage determined in accordance with Paragraph 21 and, where applicable, up to 5% of the total wage of the staff of the internal organisational unit of the establishment where the deficiencies identified relate exclusively to that unit. It shall apply from the first day of the calendar month following that in which the decision or finding of deficiencies in the establishment has been taken. Where a time limit has been set for the correction of deficiencies, the premium shall apply from the first day of the calendar month in which the period passed without result. The obligation to pay the premium shall expire on the last day of the calendar month in which the deficiencies in the establishment have been remedied; the proof of this shall be provided by certifying the authority which decided on the deficiencies.
Penalties
(1) If the establishment has not paid within 8 days of the due date of the premium which under the previous provisions is required to pay to the competent authority of the sickness insurance scheme for each calendar month, or has not paid the difference between the premiums declared and the premiums declared within 8 days of the due date of the premium, it shall pay a penalty of 0,1% for each day of delay from the due date, but at least in one case of default of the amount of 10 CZK.
(2) With the prescribed insurance term (Sections 25 (3) and 26 (4)), the plant is obliged to pay a penalty payment of 0,1% for each day from the date on which the premiums were reduced or, where applicable, from the date on which they were due, until the date on which the payment to the competent authority of the sickness insurance was settled on its account, but not less than 10 CZK for each prescription.
Limitation of premiums
(1) The right to measure premiums is limited within 5 years of the due date.
(2) If the race did not sign up for registration at all, the right to charge premiums at 10 years shall be waived.
(3) The right to recover the premium shall be limited in 5 years or, if it is a case referred to in paragraph 2, at 10 years from the due date; If the insurance has been assessed, this right shall be waived within 5 years of the date on which the plant was notified of its measurement.
(4) If an action has been taken to determine the amount of the premium, to measure or enforce it, a new limitation period shall begin from the date on which the race became aware.
(5) The provisions of the preceding paragraphs shall apply mutatis mutandis to periodic penalty payments.
Repayment of premiums
Insurance or periodic penalty payments paid without legal justification shall be refunded without interest if they are requested back within 3 years after the end of the calendar year in which they were paid, unless the establishment has another obligation to carry out the sickness insurance. The cost of benefits already provided in the meantime shall be deducted from this premium.
Proceedings concerning sickness insurance
Proceedings on batch matters
Proceedings in matters other than batch ones
Insurance
(2) If the employee's small establishment has not entered into insurance, the right to measure premiums shall be waived at 10 years from the due date.
Proceedings concerning sickness insurance of small-scale workers
Provisions common, transitional and final
For the execution of benefits, where it is permissible according to the nature of the case, the establishment shall be considered as a sub-debtor for the employees of the establishment (Section 5 (1)).
The measures of the Central Council of Trade Unions on the organisation and implementation of staff sickness insurance published by Decree of Prime Minister No. 100 / 1953 Coll., as amended by Decree No. 65 / 1955 Coll., are hereby repealed; also the provisions issued pursuant to it shall be repealed if they contravene the provisions contained in the previous provisions.
This measure shall take effect from 1 January 1959.
Chairman of the Central Council of Trade Unions:
Zupka v. r.
*) Government Decree No. 100 / 1966 Coll., on the Planning Management of the National Economy, and Framework Conditions of Business Management valid from 1 January 1967 No 63 / 1966 Coll.
* *) Act No. 113 / 1966 Coll., on Pension Tax of Cooperative and Other Organisations.
* * *) Act No. 112 / 1966 Coll., on Agricultural Tax.
*) § 58 of Act No. 54 / 1956 Coll., on sickness insurance of employees.
*) For example Decree No. 143 / 1965 Coll., on the provision of cash benefits for sickness insurance, and Decree No. 95 / 1968 Coll., on the provision of benefits for children in sickness insurance.
* *) § 10 paragraphs 1 and 2 of Act No. 20 / 1966 Coll., on the care of the health of the people, § 51 of Decree No. 42 / 1966 Coll., on the provision of medical preventive care, and § 87 of Act No. 101 / 1964 Coll., on social security.
* * *) Resolution IX. of the Central Council of Trade Unions of 26 September 1968.
†) Legal personality was granted under Article 42 of the Statute of the Revolutionary Trade Union Movement by resolution IX. of the plenary session of the Central Council of Trade Unions of 26 September 1968.
*) Decree No. 134 / 1968 Coll., on releasing workers from employment to perform duties in the Revolutionary Trade Union Movement.
* *) Government Decree No. 100 / 1966 Coll., on Planning Management of National Economy, as amended by Government Regulations No. 83 / 1967 Coll., No. 16 / 1968 Coll. and No. 148 / 1968 Coll.
* * *) Act No. 112 / 1966 Coll., on Agricultural Tax.
1) Paragraph 3 (2) of Act No. 156 / 1989 Coll., on contributions to the State budget.
2) Paragraph 8 (2) of Act No. 157 / 1989 Coll., on Pension Tax.
3) Paragraph 9 (3) of Act No. 172 / 1988 Coll., on Agricultural Tax.
4) § 58 of Act No. 54 / 1956 Coll., as amended by Act No. 180 / 1990 Coll.
5) Paragraph 47 of Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulation).
6) Paragraph 48 (2) of Act No. 54 / 1956 Coll., on sickness insurance of employees.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 91 / 1958 Coll., which publishes the measures of the Central Council of Trade Unions on the organisation and implementation of staff sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1958 |
|---|---|
| Effective from | 01.01.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0