Decree No. 95 / 1958 Coll.
Declaration on the Convention between the Czechoslovak Republic and the People's Republic of Romania on Cooperation on Social Affairs with the Final Protocol
Valid
Effective from 20.03.1958
95
Decree of the Minister for Foreign Affairs
of 5 December 1958
concerning the Convention between the Czechoslovak Republic and the People's Republic of Romania on social cooperation with the Final Protocol
On 2 May 1957, the Convention between the Czechoslovak Republic and the People's Republic of Romania on Social Cooperation with the Final Protocol was negotiated in Prague.
The National Assembly gave its assent to the Convention and the Final Protocol on 31 October 1957 and was ratified by the President of the Republic on 7 February 1958. The instruments of ratification were exchanged in Bucharest on 20 March 1958.
Pursuant to Article 18 of the Convention, together with the Final Protocol, the Convention entered into force on 20 March 1958.
The Czech version of the Convention and the Final Protocol are published in the Annex to the Collection of Laws. *)
David v. r.
CONVENTION
between the Czechoslovak Republic and the Romanian People's Republic on social cooperation
The Czechoslovak Republic and the People's Republic of Romania, led by the desire to regulate social contacts in the spirit of friendship and cooperation between the two states, have decided to conclude the Convention on Cooperation in this field.
To this end, agents have been designated:
for the Czechoslovak Republic
President of the State Social Security Office, Evžen Erban,
for the People's Republic of Romania
Deputy Minister for Health and Social Welfare Dr. Octavian Berlogea,
who have exchanged their powers of attorney and found them in good and proper form, have agreed on the following provisions:
I.
General provisions
Scope of the Convention
1. The Parties shall cooperate on all social issues and on all sections of social security. This cooperation serves social progress.
2. To this end, the Parties shall promote the exchange of experience in the field of social security as well as cooperation between authorities, institutions, trade unions and other relevant organisations.
3. The Parties shall encourage mutual visits, organised by authorities, institutions, trade unions and other organisations, and, if necessary, by providing material resources for this purpose.
4. The Parties shall encourage each other to ensure the recovery and treatment of children of all kinds, youth and workers from one country to another, by the State, trade unions or other organisations, as well as the exchange of experience on these issues.
5. The details shall be established by agreement between the competent central authorities of the two States.
6. This Convention also regulates the relationship between the Contracting Parties in the field of social insurance (security).
Principle of equal assessment
1. Citizens of one of the States working in the territory of the other State, as well as members of their families, shall be assessed from the point of view of labour law and social security (security) regulations, in particular when granting the right to work as their own citizens, unless otherwise provided for in this Convention. They have the same rights and obligations as their own citizens.
2. The same arrangements apply mutatis mutandis to citizens of one State who are temporarily present in the territory of another State or who live in another State and do not have their own tangible means of living.
II.
Social insurance
Implementation of social insurance (security)
(1) The insurance and contribution obligations in social insurance (insurance) shall be governed, unless otherwise provided for in this Convention, by the law of the State in whose territory the employment (activity) applicable to insurance (hereinafter referred to as "State of employment").
2. The competent authorities of the State of employment shall be in charge of determining and providing social security (security).
Provision of pensions
1. Pensions shall be provided by the insurance institution of the State in whose territory the insured person or a member of his family who is entitled to the pension is resident at the time of entitlement under the legislation of that State (the State of residence). In doing so, the insurance authorities shall take into account the period of insurance (employment) in both their own and in the other State.
2. The pensioners who move to the other State, the insurance authority that paid the pension, shall suspend payment on the first day of the month following the resettlement.
3. The insurance authorities of the State to which the pensioner has been resettled shall grant that pensioner a pension under the legislation of the State of residence; the last sentence of paragraph 1 of this Article shall apply mutatis mutandis. In such cases, entitlement to pension shall always be deemed to be maintained.
4. If the pensioner returns, the institution of the State of residence insurance shall, from the first day of the following month, renew the pension payment which has been suspended pursuant to paragraph 2 of this Article.
5. The provisions of paragraph 3 of this Article shall apply mutatis mutandis if the insured person or the entitled member of the family resettlement to the other State after entitlement to the pension has been established but before the pension is fixed.
Provision of short-term cash and benefits in kind
1. The institution of the State of residence provides short-term cash benefits from social security under its legislation. It shall also take into account the period of insurance (employment) completed in the territory of the other State.
2. If an insured person is transferred to another State who is entitled to short-term social security benefits, the payment of short-term cash benefits shall be stopped on the day of the resettlement. In this case, the insurance institution of the State of residence provides short-term cash benefits under the legislation of the State of residence, taking into account the period of insurance (employment) obtained in both States.
3. Benefits in kind from social insurance (preventive and medical care) shall be provided by the authorities of the State in whose territory the insured person or an authorised member of the family is staying. Details, in particular the scope of the benefits provided, shall be established by agreement of the competent central authorities of the two Contracting Parties.
4. Benefits in kind from social insurance (preventive and medical care) for persons receiving a pension under this Convention shall be provided under the legislation of the State of residence by the authority of the State in which the pension is paid. Where pensioners or members of their families are staying temporarily in the other State, the provisions of paragraph 3 of this Article shall apply mutatis mutandis.
5. Family allowances shall be paid in the same way as short-term social security cash benefits. The details shall be established by agreement between the competent central authorities of the two Contracting Parties.
Specific provisions for certain categories of staff
1. The social insurance of staff of diplomatic and consular representative offices and other authorities and bodies of one of the Contracting Parties having their head office in the other State shall be governed by the legislation of the sending State if these persons are citizens of that State. The same rules apply to the insurance of persons employed in the service of staff of designated offices when they are citizens of the sending State.
2. The authorities of the sending State shall also be responsible for the establishment and payment of social security benefits under the legislation of their State:
(a) public transport workers of all kinds of one State sent for temporary or permanent employment to another State;
(b) staff employed by an undertaking which is in the territory of one State and which does not fall under point (a) for the temporary employment of another State.
3. The provisions of Article 5 (3) of this Convention shall apply to the provision of social security benefits to the persons referred to in paragraph 2 of this Article.
Exclusion of reciprocal payments
1. The insurance authority providing benefits under this Convention shall not receive any remuneration from the insurance authority of the other State for the benefits provided.
2. The same applies in cases where the insurance authority provides advances under its legislation.
Implementing rules
1. Rules for the implementation of Part II of this Convention, in particular for the calculation of benefits, may be adopted in both States. Such regulations shall always be communicated to the competent central authorities of the other State.
2. The central authorities of the two States will immediately communicate to each other the changes that will occur in their social security (security) legal order.
III.
Social services
Assistance and welfare for uninsured persons
1. Citizens of one of the two States who live in the territory of the other State and are not entitled to their own insurance or as members of the family of the insured person shall be provided by the State in which they live, by assistance and care if they need them, to the same extent and under the same conditions as their own citizens. Expenses do not pay off each other.
2. The last sentence of paragraph 1 of this Article shall not preclude the application of compensation from a person who has received assistance or care or from members of the family of that person who is to support it.
3. Care and assistance shall be provided, where necessary, to citizens of the other State, even if they receive a pension.
4. The central authorities of both states will immediately communicate to each other the changes that will occur in their social welfare laws.
IV.
Common provisions
Legal cooperation
1. Insurance institutions, authorities and other authorities of both States involved in carrying out social activities will cooperate in obtaining the necessary documentation to the same extent as in their own state.
2. The Social Insurance Authority of one State shall provide the Social Insurance Authority of the other State with the necessary information on the circumstances applicable to the provision of benefits. It shall take the measures necessary to establish these circumstances.
3. Relations between social insurance institutions, authorities and other authorities of both States for the purpose of implementing this Convention shall be carried out directly.
Use of the official language of the other State
The fact that the applications, submissions and other legal means of citizens of one State in matters of social insurance (security) and social welfare which are submitted or submitted to the social insurance institution (security), as well as to the authorities or other authorities of the other State, are written down in the official language of their own State, does not constitute grounds for their rejection.
Maintaining time limits in proceedings
Applications, submissions and other legal means which must be submitted or submitted within a specified period to the authorities, social security bodies or other bodies of one of the two States shall be deemed to have been submitted or submitted in due time if they have reached the social insurance institution, the authorities or other authorities of the other State within the prescribed period. In such cases, the submission shall be sent without delay to the competent authorities.
Representation of citizens of the other State
The consults of the Contracting Parties shall have the right to assist, in person or through a person empowered to do so by the citizens of their State, in all matters arising under this Convention, social security bodies, offices or other bodies of the other State.
Central authorities implementing this Convention
This Convention shall be implemented by the competent central authorities in both States. These central authorities are in constant and direct contact. Where necessary, meetings shall be held between the representatives of those institutions to discuss the implementation of the Convention and the mutual exchange of experience on social issues.
2. The Contracting Parties shall communicate to each other as soon as this Convention enters into force which institutions are competent to implement the Convention. They will immediately communicate to each other any changes that arise in the future.
Cooperation with trade unions
The Parties shall implement the Convention in close cooperation with trade union organisations.
Additional arrangements
Where doubts arise in the implementation of this Convention as a result of unforeseen circumstances or changes in legislation or where there is a conflict of interpretation in implementation, the competent central authorities of the Contracting Parties shall agree on how the provisions of this Convention are to be applied.
Transitional and final provisions
Retroactive
1. When providing social security benefits under this Convention, insurance authorities shall take into account the period of insurance (employment) obtained before the entry into force of this Convention, both in their own State and in the other State.
2. The provisions of this Convention shall also apply to cases where entitlement to a pension was established before the entry into force of this Convention.
Final provisions
1. This Convention shall be ratified and effective by exchange of instruments of ratification to be implemented in Bucharest.
2. This Convention shall be negotiated for a period of five years. It shall be extended by five years at any time, unless one of the Contracting Parties notifies this Convention at least six months before the expiry of the period of validity.
3. In the event of termination of the Convention, the competent authorities will continue to provide pensions which they have granted under this Convention until its expiry.
4. Entitlements which have been retained under the provisions of this Convention shall not be terminated by denunciation of the Convention. The continued maintenance of these claims after the expiry of this Convention shall be governed by the legislation of the relevant Contracting Party.
This Convention was drawn up in Prague on 2 May 1957 in duplicate, each in the Czech and Romanian languages, the two texts being equally authentic.
To prove it, the agents signed and sealed this Convention.
For the Czechoslovak Republic
E. Eban v. r.
The President
Dr Berlogea v. r.
FINAL PROTOCOL
The Convention between the Czechoslovak Republic and the People's Republic of Romania on social cooperation was agreed on the following:
Article 1 (3) and (4)
The exchange of experience on social issues shall take place in particular:
(a) organising exchanges of professional books, journals and other publications between competent authorities, trade unions and other organisations of both States;
(b) exchange of legislation and statistical material;
(c) mutual visits to experts dealing with social issues.
Article 2 (1)
In particular, provisions on employment contracts, working hours and holidays, wages, job protection, youth care, mother and child care, women's rights and disability care shall be regarded as labour law provisions.
Articles 4 and 5
The transfer or return of an authorised person to the other State shall mean the case where the beneficiary changes residence with the agreement of the two Contracting Parties. This applies mutatis mutandis to resettlement cases prior to the entry into force of the Convention.
Article 10
The documents necessary for the provision of benefits shall be sent on request to the competent authorities of the other State.
Article 17 (2)
Pensions shall be provided upon request. Pensions established and paid before the entry into force of the Convention shall remain properly paid; in future, the provisions of the Convention shall apply to such cases. Article 7 of the Convention, according to which no reciprocal payment of benefits is made, shall also apply to such cases.
The Convention shall not apply to honorary pensions.
This Final Protocol is an integral part of the Convention between the Czechoslovak Republic and the People's Republic of Romania on Social Cooperation.
Written in Prague on 2 May 1957 in two copies, each in the Czech and Romanian languages, the two texts being equally authentic.
For the Czechoslovak Republic
E. Eban v. r.
The President
Dr Berlogea v. r.
On page 117.
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Regulation Information
| Citation | Decree No. 95 / 1958 Coll., on the Convention between the Czechoslovak Republic and the People's Republic of Romania on Social Cooperation with the Final Protocol |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1958 |
|---|---|
| Effective from | 20.03.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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