Act No. 99 / 1948 Coll.

National Insurance Act

Valid Effective from 15.05.1948
Contents
PRVNÍ ČÁST. § 1. PRVNÍ ODDÍL. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 11. DRUHÝ ODDÍL. § 12. § 13. § 14. § 20. § 21. § 24. DRUHÁ ČÁST. § 25. PRVNÍ ODDÍL. § 26. § 27. § 28. § 29. § 30. § 31. § 32. § 33. § 34. § 35. § 36. § 37. § 38. § 39. § 40. § 41. § 42. § 43. § 44. § 45. § 46. § 47. § 48. § 49. § 50. § 51. § 52. § 53. § 54. § 55. § 56. § 57. § 58. § 59. DRUHÝ ODDÍL. § 60. § 61. § 62. § 63. § 65. § 66. § 67. § 68. § 69. § 71. § 72. § 73. § 74. § 75. § 76. § 77. § 78. § 79. § 80. § 81. § 82. § 83. § 84. § 85. § 86. § 87. § 88. § 90. § 91. § 92. § 93. TŘETÍ ODDÍL. § 94. § 95. § 100. § 101. ČTVRTÝ ODDÍL. § 102. § 103. § 104. § 105. § 106. § 107. § 108. § 109. § 113. § 114. § 115. TŘETÍ ČÁST. § 132. § 135. ČTVRTÁ ČÁST. PRVNÍ ODDÍL. § 138. § 139. § 140. § 141. DRUHÝ ODDÍL. § 142. TŘETÍ ODDÍL. § 143. § 144. § 145. § 146. ČTVRTÝ ODDÍL. § 147. § 148. § 149. § 150. PÁTÝ ODDÍL. § 151 PÁTÁ ČÁST. § 205. ČTVRTÝ ODDÍL. § 208. SEDMÁ ČÁST. § 227. § 228. ČTVRTÝ ODDÍL. § 241. § 242. § 243. § 244. § 245. OSMÁ ČÁST. PRVNÍ ODDÍL. § 246. § 247. § 248. § 249. § 250. § 251. § 252. § 253. § 254. § 255. § 256. § 257. § 258. § 259. § 260. DRUHÝ ODDÍL. § 261. § 262. § 263. § 264. § 265. § 266. TŘETÍ ODDÍL. § 267. § 268. § 269. § 270. § 271. § 272. § 273. § 274. § 275. § 276. ČTVRTÝ ODDÍL. § 277. § 278. § 279. § 280.
99.
Law
of 15 April 1948
national insurance.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:

PRVNÍ ČÁST.

General provisions.
§ 1.
Content of the law.
This law regulates national insurance:
(a) sickness and maternity (sickness insurance),
(b) in the event of old age, invalidity, loss of death and accident (pension insurance).

PRVNÍ ODDÍL.

Personal coverage.
§ 2.
(1) Under this law, they are compulsory:
(a) staff (§ 3) except military gayists in active employment;
(b) self-employed persons (Section 4);
(c) cooperating members of the family of self-employed persons (Section 5),
(d) pensioners (§ 8),
(e) unemployed (§ 9).
(2) In the case of sickness and maternity only (§ 1 (a)), the persons referred to in paragraph 1 are insured:
(a) the public servants referred to in Article 7;
(b) pensioners (§ 8),
(c) unemployed (§ 9).
§ 3.
Staff.
(1) Employees within the meaning of this Act are persons who are working in the Czechoslovak Republic on the basis of a private or public employment relationship or on the basis of an apprenticeship (volontér, practical) ratio.
(2) For the purposes of this Act, however, domestic workers are also considered to be employees, meaning persons who perform work outside the employer's workshop after the business of the work of one or more employers. Domestic workers are also considered to be persons who, although they are entitled to operate the business separately, perform mostly domestic work for one or more employers without foreign workers and are otherwise only less self-employed.
(3) For the purposes of this Act, representatives on a commission shall also be regarded as employees, even if they are not in employment, even if they are entitled to operate the business separately, if they carry on this activity as the only gainful activity without foreign workers.
(4) If the employee is temporarily engaged outside the territory of the Czechoslovak Republic, this does not affect the insurance obligation. This applies to employees of the representative offices of the Czechoslovak Republic abroad, to employees of the Czechoslovak State Railways, to employees of domestic airlines and domestic shipping companies, even if they work permanently outside the Czechoslovak Republic, if they are Czechoslovak state citizens. However, after hearing the Central National Insurance Corporation, the Ministry of Social Welfare may waive the insurance obligations of such persons if they are insured under the rules of the State in which they work.
(5) The Minister for Labour and Social Welfare may, by means of a regulation, decide in general that, for the purposes of national insurance, certain activities are to be regarded as employment in employment and, at the same time, adjust, by way of derogation, the scope and conditions of insurance and the manner in which it is to be carried out. for individual groups, these measures may be made by the Ministry of Labour and Social Welfare in agreement with the competent central authorities of the administrative measures.
§ 4.
Self-employed.
(1) Self-employed persons (§ 2 (1) (b)) are entrepreneurs (co-entrepreneurs) who are personally engaged in their own business, in particular as:
(a) farmers;
(b) traders,
(c) free profession operators, such as doctors, lawyers, notaries, pharmacists, civil engineers, vets, private teachers, art artists, music composers, writers, musicians and others.
(2) As co-entrepreneurs, they are insured in particular:
(a) public shareholders of a public company and personally liable members of a limited company and of a limited company;
(b) members of the company under civil law;
if they are not subject to insurance under Paragraph 2 (1) (a) for an activity in an undertaking of which they are co-entrepreneurs.
§ 5.
Cooperating family members.
(1) The co-operating members of the family (§ 2 (1) (c)) are parents, father-in-law, son-in-law, son-in-law, widowed daughter-in-law, spouse, siblings and children (own, step-in-law, adopted) over 15 years of age, living in a joint household with a businessman (co-entrepreneur), if they are permanently engaged in his business by replacing the otherwise necessary foreign labour force and are not subject to insurance under § 2 (1) (a) or (b).
(2) Where the members of the family for whom the conditions laid down in paragraph 1 are met cooperate on the holding, they shall be considered as self-employed (§ 4 (1)) the person managing the undertaking. the others are insured in accordance with paragraph 1. In doubt, there is a presumption that they manage the business in the following order: spouse, widowed spouse, eldest member of the family.
(3) The spouse of an entrepreneur (co-entrepreneur) or a cooperating member of the family is not subject to insurance under § 2 (1) (b) and (c) for their business in the undertaking.
§ 6.
(1) Paragraph 3 (4), first sentence, also applies to self-employed persons (§ 4) and to cooperating family members (§ 5).
(2) Government regulations may specify the concepts of entrepreneurs, joint entrepreneurs, free professions, personal activity in an enterprise (§ 4 (1)), as well as the terms of permanent activity in an enterprise and the replacement of foreign labour (§ 5 (1)).
(3) The Ministry of Labour and Social Welfare may adjust the insurance of members of standard uniform agricultural cooperatives and of standard folk production cooperatives, in particular as regards the beginning of the effectiveness of sickness insurance, by way of derogation from the rules otherwise in force.
§ 7.
(1) Public servants within the meaning of Paragraph 2 (2) (a) are:
(a) staff of the State, as well as undertakings, institutes and funds managed by the State or the State;
(b) teachers covered by the provisions of the Act of 24 June 1926, No 104 Coll., on the regulation of the pay and service conditions of teachers of general and civic schools;
(c) staff of the territorial authorities' unions;
(d) spiritual congruent (§ 1 of the Government Decree of 17 July 1928, No. 124 Coll., on the adjustment of the salaries of the clergy) of churches and religious societies, performing in systemised places acts of public spiritual administration with the consent of the state administration of cults, and professors of the Diocese religious schools,
who are guaranteed normal, i.e. with the place of their associated pension entitlements.
(2) The Government may, by regulation, exempt from pension insurance other public servants who have pension rights equivalent to those referred to in paragraph 1; At the request of the municipality, the central national insurance undertaking may, in agreement with the single trade union organisation, authorise the local staff not to be excluded from pension insurance even if the conditions laid down in paragraph 1 are met; this authorisation shall concern all the employees of the municipality and shall not be withdrawn.
(3) The Government will, by regulation, regulate transfers from insurance under this Act to public pension provision and vice versa.
§ 8.
The pensioners [§ 2 (2) (b)] are:
(a) persons to whom a pension is paid under this law or previously applicable rules on public pension insurance; However, beneficiaries of an accident pension only if their professional capacity is reduced by at least half;
(b) persons who are paid retirement (provision) salaries from public pension arrangements, after repeated donations and pension grants from public funds, except for the beneficiaries of military retirement pensions;
(c) persons benefiting from the provision benefits under the Act of 18 March 1921, No 130 Coll., governing the provision benefits of former employees on large land assets, and under the Act of 30 January 1947, No 16 Coll., on the location and other arrangements of employees on confiscated agricultural property and their family members;
if they are permanently in the territory of the Czechoslovak Republic and are not subject to compulsory insurance under § 2, § 1, point (a) to (c).
§ 9.
Unemployed.
Unemployed persons [Paragraph 2 (2) (c)] are those who benefit from unemployment benefit under the labour management rules.
§ 10.
Insurance of persons carrying out several activities.
(1) A person employed simultaneously with several employers is insured in all employment. The same shall apply mutatis mutandis if a self-employed person carries out several self-employed activities or if the employee also carries out self-employed activities.
(2) Persons who manage on own or smelt land, the area of which does not exceed 1 ha and whose yield is exclusively used for consumption in their own household, shall not be subject to insurance from that activity if they are otherwise compulsorily insured under this law.
§ 11.
Exemption from compulsory insurance.
The following shall be excluded from compulsory insurance under Article 2 (1):
(a) foreign nationals employed by foreign representative offices established in the territory of the Czechoslovak Republic or persons enjoying diplomatic privileges and immunities, as well as international organisations, institutions and bodies having their registered office in the territory of the Czechoslovak Republic and enjoying diplomatic privileges and immunities;
(b) employees who are only temporarily active in the Czechoslovak Republic, in the service of an employer who does not have a permanent residence or establishment in the country; the same applies to self-employed persons who do not have a permanent residence or establishment in the Czechoslovak Republic;
(c) persons who carry out only occasional work or services, establishing otherwise compulsory insurance. Accidental or isolated employment which does not last for more than seven days with the same employer shall be regarded as occasional. However, the employment of persons working alternately for different employers cannot be regarded as occasional.

DRUHÝ ODDÍL.

Compulsory insurance.
§ 12.
Compulsory insurance shall be:
(a) for staff (Sections 3 and 7), on the date of entry into employment;
(b) for self-employed persons (§ 4) and co-operating family members (§ 5), on the date on which they begin to carry out insurance activities;
(c) for pensioners (Section 8), the date on which the pension was awarded;
(d) for the unemployed (Paragraph 9), the date on which the financial support for unemployment was granted.
§ 13.
Compulsory insurance shall cease:
(a) for staff members, the date on which the employment relationship (s) ends;
(b) for self-employed and co-employed members of the family, the date on which they cease to pursue a permanent activity subject to insurance; for co-operating family members, the date on which their compulsory insurance is incurred pursuant to § 2 (1) (a) or (b);
(c) in the case of pensioners, the date on which the pension was stopped or when their compulsory insurance under Paragraph 2 (1) was incurred;
(d) in the case of unemployed persons, the date on which they were suspended from their unemployment benefit.
§ 14.
Employer.
(1) The employer under this law is the person on whose account the employee carries out his activity (Sections 3 and 7).
(2) The obligations imposed by this law on the employer affect the self-employed person in the insurance of persons referred to in Sections 4 and 5, in the insurance of pensioners of the pensioner.
(3) Co-entrepreneurs, sub-entrepreneurs and intermediaries (stock masters, factors and others) are jointly responsible for fulfilling the obligations imposed on employers or self-employed persons.
(4) The employer may appoint the person responsible for the timely and correct submission of the notification to the insurance undertaking (§ 218) under this law; the insurance undertaking must do so if it is not permanently in the establishment or if it is a legal person. However, the employer shall be liable for the actions and omissions of that person.
Notices.
§ 20.
Measurement basis.
(1) The assessment basis for benefits and insurance under this Act is all the income they receive for the work contracted. In addition to the salary (service, salary, service benefits), this includes, in particular, apprenticeship allowances, share of profits, living, active, functional and whatever else they are called allowances, excluding allowances for dependent children, variable benefits (tantoms, commissions and other benefits dependent on business or work earnings), diets of one third, recurring remuneration, except annual remission and novelty, and other benefits that the employee receives, even if only normally, from the employer or a third party instead of or next to the salary, as well as benefits in kind. The upper limit of the first-degree assessment base under Paragraph 36 (2) shall be deemed to be the income of a staff member who has neither cash nor in kind benefits. The government shall determine the basis of assessment for public staff in accordance with the principles set out in the previous sentences.
(2) The basis of the assessment for self-employed persons, except farmers, is the income provided for by the relevant wage decree for employees so professionally qualified that they can represent the business manager, increased by one quarter, but at least by one quarter, the income of the company's best-paid employee.
(3) The annual assessment basis for farmers is laid down by the Ministry of Social Welfare, in agreement with the Ministry of Agriculture, after hearing the single trade union organisation and the highest interest organisation of farmers by a decree in the Official Journal. This assessment basis shall be determined taking into account the size of the land, the production area, the creditworthiness and the culture of the land and the farming method. At the same time, the annual assessment basis for a 50 ha holding in the beet region is 120.000 CZK. The area of the holding, which is responsible for determining the basis of assessment, shall include the cultivated land owned, the land of the cooperating members of the family and of the family members (§ 54) and the land smuggled. For agricultural co-enterprises insured under § 4, an annual assessment basis shall be established according to the ratio of their shares.
(4) The income belonging to the employee replaced by the co-operating member of the family shall be considered as the basis of assessment for the co-operating members of the family, but not the income exceeding the assessment basis under which the entrepreneur is insured. However, an amount equal to the upper limit of the first degree of the assessment base in accordance with Paragraph 36 (2) shall be considered as the basis of assessment for those persons over 18 but under 21 years of age; an amount corresponding to the upper limit of the highest degree shall be considered as the basis of assessment for those persons over 18 years of age but below 21 years of age.
(5) The upper limit of the first-degree assessment basis under Paragraph 36 (2) shall be deemed to be the smallest assessment basis under the preceding paragraphs. The same applies to the sum of the assessment bases of several activities; if the sum is lower, the measurement basis per activity shall be considered to be the proportion of the smallest measurement base.
(6) The highest assessment basis applicable to insurance under this Act is the upper limit of the highest assessment base under Paragraph 36 (2). The same applies to the sum of the assessment bases of several activities. If the sum is higher, the insured person may, by 31 March of each year, request that the insurance undertaking be reimbursed without interest, the amount of the premium which has exceeded the premiums corresponding to the highest assessment base in the previous year, if it has been paid.
(7) The Ministry of Social Welfare may, on a proposal from the Central National Insurance Corporation, in agreement with the participating ministries and after hearing a single trade union organisation and top-level interest organisations, by a decree in the Official Gazette that a fixed amount of benefits from third parties is considered to be the basis of assessment for certain groups of insured persons.
(8) The Ministry of Social Welfare sets the value of the benefits in kind by means of a decree in the Official Gazette on a proposal from the Central National Insurance Company and after hearing the Supreme Bureau of Price, Single Trade Union Organisations and High Interest Organisations.
§ 21.
Income records.
(1) Employers are obliged to keep records which are necessary to enable the individual staff members to be identified and kept for at least five years.
(2) The Decree of the Ministry of Social Welfare in the Official Journal may enact more detailed provisions which may also be waived from the obligation to keep records of the income of certain employers, in particular those who employ up to three permanent employees.
Insurance supervisory law.
§ 24.
Derogations in the performance of insurance.
(1) For insurance
(a) domestic workers (§ 3 (2));
(b) persons employed alternately by different employers;
(c) persons employed by seasonal work in agriculture or forestry;
(d) Czechoslovak nationals who are employed by employers referred to in Section 11 (a);
(e) persons employed in the undertaking;
the Directives may provide for exemptions from the provisions of this Law, facilitating the performance of insurance by such persons, in particular as regards the creation and termination of insurance, their registration and registration, the determination of the amount of benefits and the keeping of records of income; Directives may also provide for a specific waiting period for entitlement to cash sickness insurance benefits. These Directives shall be issued by the Central National Insurance Corporation, after hearing the Single Trade Union Organisation and the High Interest Organisations and after approval by the Ministry of Social Welfare, in agreement with the Ministry of Agriculture as regards cases referred to in point (c).
(2) The government's regulation may provide for insurance for foreigners differently, especially if their home states do not treat their own citizens in the course of carrying out social insurance with Czechoslovak state citizens.

DRUHÁ ČÁST.

Insurance benefits.
§ 25.
Under this Act:
1. sickness insurance benefits (§ 26 to 59),
2. pension benefits (§ 60 to 93),
3. general care of insured persons and family members (§ 94 to 101).

PRVNÍ ODDÍL.

Benefits of sickness insurance.
§ 26.
(1) In sickness insurance, benefits in kind (§ 27 to 35) and cash benefits (§ 36 to 49) are granted.
(2) The benefits in kind are:
1. disease treatment and special medical treatment:
(a) non-constitutional treatment;
(b) constitutional treatment;
(c) special medical treatment;
(d) family assistance;
2. maternity aid:
(a) non-constitutional treatment;
(b) constitutional treatment;
(c) child care;
3. dental care;
4. assistance for mutilation, degeneration and body defects;
5. help against infertility.
(3) Cash benefits are:
1. sick leave;
2. maternity benefits;
3. support for constitutional treatment;
4. special assistance in social diseases;
5. compensation for family assistance;
6th funeral.
Benefits in kind.
Sick treatment and special medical care.
§ 27.
Outpatient treatment.
(1) Insurers and their family members (§ 54) are free of charge medical treatment, medicines, the necessary treatment and therapy and orthopaedic and orthopaedic aids in the event of illness. Treatment must correspond to the current state and level of medical science and medical facilities and must be valuable and effective.
(2) Treatment is provided as long as the disease lasts until one year after the end of the insurance. If the disease persists longer, further care shall be provided only if the sick insured person is unable to work or if he is provided with professional care under § § § 100 and 101.
(3) The claim for treatment begins on the day on which the disease was reported to the insurance undertaking or its competent doctor.
§ 28.
Constitutional treatment.
(1) Insurers and family members are entitled, if necessary, to the place and to the extent of the treatment provided for in Article 27, to free treatment and treatment in a public hospital, public hospital or other public institution of treatment and nursing.
(2) The insurance undertaking may also provide insurance against insured persons and family members of the constitutional treatment referred to in paragraph 1 in private medical and nursing institutions and at university clinics.
(3) The conditions and detailed details of the provision of the constitutional treatment will be determined by the rules of treatment (§ 59).
§ 29.
Special treatment.
(1) The place of treatment provided for in Sections 27 and 28 shall be provided, if necessary under the principles laid down in the rules of treatment, treatment in sanitaries, baths, recovery centres and other treatment institutes whose species shall determine the treatment rules.
(2) The insurance undertaking may also provide treatment in the establishments referred to in paragraph 1 in order to avert or delay the impending incapacity to carry out work or a permanent condition that reduces working capacity. It may also provide the same care to separate the sick from those who threaten their disease.
(3) For the purposes referred to in paragraph 2, the insurance undertaking may also provide non-constitutional treatment within the scope of Paragraph 27 (1).
(4) The conditions and manner of special treatment will be determined by the rules of treatment.
§ 30.
Conditions for surrender to the Institute.
(1) To be transferred to the Institute pursuant to Sections 28 and 29, permission of the sick person is generally required. For persons under the age of 18, a legal representative or, in urgent cases, a household presenter shall give permission.
(2) No authorisation required,
(a) if he does not live in a common household with family members,
(b) require a disease of care and care which cannot be provided to the patient in his flat;
(c) if the type of disease so requires, particularly if it is contagious;
(d) if he has acted against regulations issued on the behaviour and supervision of the sick or the orders of the treating physician;
(e) if the condition or behaviour of the patient requires constant observation;
(f) if the detection of the disease requires observation or examination, which may only be carried out in the Constitution, in particular if it is necessary to assess incapacity for work.
(3) If he disobeys an insurance undertaking's sick order, justified by the provisions of this law, in order to be subject to constitutional treatment, or if, without the permission of the insurance undertaking, he may continue to be denied sickness treatment or be reduced to half, if he has family members. These consequences must be brought to the attention of the patient. Details shall be determined by the treatment order.
§ 31.
Family help.
An insurer or a family member who provides the household with his or her own or an insurer and cares for at least one child [§ 54 (1) (c) to (e)] may provide or arrange for appropriate assistance in the family provided that, for sickness or maternity purposes, he or she is in a hospital or is, for these reasons, bedridden by order of the insurer's doctor. Aid shall not be granted if it is justified to require the insured or insured person to obtain compensation, or if there is a permanent support force before the illness or usually in the household. Aid shall be granted not earlier than the 15th day following the occurrence of the events justifying the claim, for a maximum period of 365 days. Further conditions and details shall be determined by the treatment schedule.
§ 32.
Help in motherhood.
(1) In maternity, the insured or family member is free of charge of medical and midwife assistance (non-constitutional treatment).
(2) The insurance company also provides treatment in a hospital or similar institution (constitutional treatment). The provisions of Sections 28 and 30 apply mutatis mutandis to the constitutional treatment of childbirth.
(3) The insurance company provides baby equipment; a cash refund may be granted, the amount of which shall be determined by the rules of treatment, instead of child care.
§ 33.
Dental care.
(1) In addition to the treatment of dental diseases (Sections 27 and 28), the insurance company provides the insured person and his family members with free treatment of the teeth and their artificial replacement in a simple, satisfactory manner.
(2) The rules of treatment shall define the concept of simple teeth replacement and specify the conditions and manner in which artificial teeth replacement is provided in a non-simple manner.
Zobrazit všechna ustanovení (963)
Contents
PRVNÍ ČÁST. § 1. PRVNÍ ODDÍL. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 11. DRUHÝ ODDÍL. § 12. § 13. § 14. § 20. § 21. § 24. DRUHÁ ČÁST. § 25. PRVNÍ ODDÍL. § 26. § 27. § 28. § 29. § 30. § 31. § 32. § 33. § 34. § 35. § 36. § 37. § 38. § 39. § 40. § 41. § 42. § 43. § 44. § 45. § 46. § 47. § 48. § 49. § 50. § 51. § 52. § 53. § 54. § 55. § 56. § 57. § 58. § 59. DRUHÝ ODDÍL. § 60. § 61. § 62. § 63. § 65. § 66. § 67. § 68. § 69. § 71. § 72. § 73. § 74. § 75. § 76. § 77. § 78. § 79. § 80. § 81. § 82. § 83. § 84. § 85. § 86. § 87. § 88. § 90. § 91. § 92. § 93. TŘETÍ ODDÍL. § 94. § 95. § 100. § 101. ČTVRTÝ ODDÍL. § 102. § 103. § 104. § 105. § 106. § 107. § 108. § 109. § 113. § 114. § 115. TŘETÍ ČÁST. § 132. § 135. ČTVRTÁ ČÁST. PRVNÍ ODDÍL. § 138. § 139. § 140. § 141. DRUHÝ ODDÍL. § 142. TŘETÍ ODDÍL. § 143. § 144. § 145. § 146. ČTVRTÝ ODDÍL. § 147. § 148. § 149. § 150. PÁTÝ ODDÍL. § 151 PÁTÁ ČÁST. § 205. ČTVRTÝ ODDÍL. § 208. SEDMÁ ČÁST. § 227. § 228. ČTVRTÝ ODDÍL. § 241. § 242. § 243. § 244. § 245. OSMÁ ČÁST. PRVNÍ ODDÍL. § 246. § 247. § 248. § 249. § 250. § 251. § 252. § 253. § 254. § 255. § 256. § 257. § 258. § 259. § 260. DRUHÝ ODDÍL. § 261. § 262. § 263. § 264. § 265. § 266. TŘETÍ ODDÍL. § 267. § 268. § 269. § 270. § 271. § 272. § 273. § 274. § 275. § 276. ČTVRTÝ ODDÍL. § 277. § 278. § 279. § 280.

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Regulation Information

CitationAct No. 99 / 1948 Coll., on National Insurance
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation15.05.1948
Effective from15.05.1948
Effective until-
Status Valid
The regulation text is for informational purposes only.

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