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Employer's Liability Insurance For Damage To Occupational

Original Language Title: pojištění odpovědnosti zaměstnavatele za škodu při pracovním úrazu

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125/1993 Coll.



The DECREE



the Ministry of finance



of 5 December. April 1993,



laying down the conditions and the rate of the statutory liability insurance

employer for the damage when a work accident or occupational disease



Change: 43/1995 Sb.



Change: 98/1996 Coll.



Change: 74/2000 Sb.



Change: 487/2001 Sb.



Change: 365/2011 Sb.



The Ministry of Finance shall determine in accordance with section paragraph (.312 in). 7 of Act No. 65/1965

Coll., the labour code, as amended by law No. 37/1993 Coll.:



PART THE FIRST



Conditions of insurance



§ 1



(1) Legal insurance for the case of their liability when

a work injury or occupational disease (hereinafter referred to as "legal insurance")

are insured



and) for Česká pojišťovna, a. s., those employers ^ 1), who had her

agreed this insurance to 31. December 1992; the following are also insured

employers, in which the rights and obligations of employment

the relationship of the legal successor of such employers,



(b)) for Kooperativa, insurance companies, and with other employers. ^ 1)



(2) if there is no legal successor employer, which has lapsed



and) before 1. in January 1993, the injured party has the right to performance under section 2 for damage

reported for the first time after 31 December 2005. December 1992 and not yet directly to neuhrazovanou

Kooperativě, insurance, and..



(b)) after 31 December 2006. December 1992, has damaged, who suffered an accident at work or

in which the occupational disease was detected after the formation of the statutory insurance,

on the implementation of the right under section 2 to the insurance company itself, which was

insured his employer before its demise.



(3) legal insurance arises, the date of first employment

the relationship with the employer, and the duration of the existence of the employer.



§ 2



(1) an employer has the right to appropriate the undertaking referred to in section 1 of the

(hereinafter referred to as the "insurance company") replace the damage sustained by the employee when

a work injury or occupational disease, in the extent to which it

the employer is responsible under the labor code. ^ 3), a claim for damages

from an event that could be the reason of the performance of

insurance companies (hereinafter referred to as the "insured event"), must be applied for the first time

the employer for insurance at the time of the duration of the statutory insurance, with

except in the cases when the injured party has the right to performance directly against the appropriate

the insurance company.



(2) the Insured event is the formation of the employer's obligation to replace

the damage referred to in paragraph 1. Decides if a refund of damages, the Court shall apply,

that the insurance event occurred on the date of the decision, according to which the

the insurance company to provide the performance, has acquired power.



§ 3



The insurance company will replace the costs of even an out-of-court negotiation

in the context of any event only if their

payment in writing.



§ 4



The insurance company will not refund the damage that the employer undertook to pay the above

the framework provided for by the legislation.



§ 5



(1) the indemnity provides the insurance company in the domestic legal

the money.



(2) if the employer has replaced the injured party for the damage or its part directly,

has the right to her insurance company after deducting any compensation under section 9 to

12 of this Decree has released what would otherwise meet the victim for her.



§ 6



The insurance company is required to meet not later than 15 days after the end of the investigation

necessary to determine the extent of its obligations to provide the implementation. The investigation

is completed, if the agreed compensation or if the

the insurance company has received a final decision on the amount of damages. It

applies also to the cases provided in section 5 (3). 2.



section 7 of the



(1) if the employer towards the victim or any other person the right to

repayment of amounts paid to the reduction of the refund or to stop her

the payout, this right passes to the insurance undertaking unless this amount for it

pay or compensation shall be paid for it.



(2) the insurance company passes also the right of the employer to cover the costs

referred to in section 3, that the zaměstnavatelovi were granted against the respondent,

If the employer's insurance company paid.



The synergy of the employer



§ 8



The employer is obliged to:



and ensure that valid) of the insured event. In particular, must not violate the

obligations to prevent or reduce the risk that

saved the law or on the basis thereof, nor shall suffer

violations of these obligations of third parties. If you are already insured

event occurred, must take the necessary measures to ensure that the damage was what

the smallest;



b) notify without undue delay the organizational unit of the insurance undertaking in

the perimeter of the headquarters of the employer (permanent residence),



1. any increase in the danger, about which the employer knows and that occurred after

the formation of insurance,



2. that an insured event, comment on the refund and to its

the amount of the insurance undertaking, as appropriate, authorize to act on this matter,



3. that, in the context of any event was initiated criminal proceedings

against the employees of the employer or a third party, and to inform the

the insurance undertaking of the progress and outcome of the procedure,



4. they damaged claims the right to compensation for damages in court;



(c)) in proceedings for compensation for damage insurance, in particular, respect the instructions without

the consent of the insurance company to nezavazovat to compensate time barred debts;



(d)) not proceed without the consent of the insurance company at the conclusion of the court settlement.



§ 9



(1) If an employer violates the obligations referred to in section 8 (b). and (b))) and (c))

and the more difficult the detection rule of reason, the performance, or the amount of damages,

an insurance undertaking has the right to reasonable compensation, in particular on the costs

caused by that breach, but not more than the half of the amounts of the

because the insured event paid off.



(2) unless the employer is in control of the compensation, which has

the insurance company to pay, without the consent of the insurance company objection limitation [section 8

(a). (c))] or undertakes to pay without the consent of the promlčenou

the claim, the insurance company is not required to perform. The insurance company is not required to

to perform, even if the employer without the consent of the insurance company shall conclude a judicial

settlement [section 8 (b), (d))].



§ 10



(1) an insurance undertaking has the right to reimbursement to employers for up to

the provided implementation:



and if) caused the employer or the employee's employer for the damage

deliberately, under the influence of alcohol or other addictive substances;



(b)) if by the employer or his or her staff to particularly

serious violations of the legislation on health and safety at work and the

If this was in violation of causality with the emergence of the damage;



(c)) if there is damage in direct connection with the performance of the activities run by the

unduly.



(2) an insurance undertaking has the same right against the employer, if the damage was

caused by the breach of obligations attributable to the work in the labour

relations, but only up to the amount that the employer may require the

responsible employee according to the labour legislation.



(3) Against the employer, which was at the time of payment of the indemnity in the

delay in the payment of insurance premiums, the insurance company has the right to a reimbursement of up to

the amount of the transaction which paid off because of claims incurred in the

the time for which the premium was paid.



§ 11



(1) If the insurance undertaking has replaced for damage shall pass to the employer, it

the right of the employer to pay to the victim who for such

damage corresponds to.



(2) the employer is obliged to secure this right to another.

If an employer violates this obligation, the insurance undertaking is authorised to

require it to pay up to the amount paid by the population.



§ 12



Insurance



(1) the obligation to pay the premium arises the employer employs a

at least one employee. This fact is the employer required to

without undue delay, notify the organizational unit of the insurance undertaking,

in the district headquarters of the employer (permanent residence) and bring their

employer identification number or other designation, which is

replaced by.



(2) the insurance premium is calculated on the basis of the employer's specified identically

with the procedure for the determination of the assessment base social

Security and contribution to the State employment policy according to the Special

Bill. ^ 4) the basis for calculation of the premiums is a summary of the assessment

the foundations for the last calendar quarter of all workers in the

During this period the employer employed. To calculate the rate applies

referred to in the annex to this order for the category specified by the

the prevailing basic activities forming the subject of business of the employer.



(3) premiums for the first quarter of each calendar year is due to the

January 31, II. quarter to 30. April, III. quarter to 31 December 2005.

July, and IV. quarter to 31 December 2005. of October. Insurance for I and II.

quarter of 1993 is payable until 31 December 2006. in May 1993.



(4) if the employer that in the preceding quarter

nezaměstnával any of the employees, the obligation to pay the premiums on these

the employer shall pay the first insurance premium calculated on the basis of

According to paragraph 2 provided for the quarter back, no later than

by the end of the first month of the following quarter.



(5) the insurance is valid:



and the employer responsible for) Česká pojišťovna, a. s., on the account number

90034-17433-021/0100, Komerční banka, Prague city, constant symbol

3558.



(b) the employer responsible for Kooperativě), insurance, and, on account of the

40002-No. 50404-011/0100, Komerční banka, a. s., Prague 1,

For all payments of insurance premiums shall be listed as variable symbol

employer identification number or other designation, which is

replaced by.



(6) the Unused premiums are not refundable.



(7) the payment of the insurance premium for the entire insurance period and the accuracy of the

his calculation is the employer obliged to demonstrate. Otherwise, it is considered that the

the insurance was not paid.



(8) if the employer has not fulfilled the obligations laid down in paragraphs 1 and 2

or if the insurance company informed the incorrect or incomplete information, the insurance company

be entitled to require from him payment of the additional costs incurred by the

the insurance undertaking of the violation of the obligations referred to above.



(9) if the premium has not been paid properly and on time increases by 10% due to

amount for each month.



PART THE SECOND



Common and final provisions



section 13



If this Decree is not in legal insurance regulated otherwise, the

mutatis mutandis, the relevant provisions of the civil code.



§ 14



The insurance company is authorized to verify the information relating to premium data


necessary for the processing of claims. The employer is obliged to

the insurance company allow this verification.



§ 15



From the enforcement procedure applied under the provisions of section 9 (2). 1, § 10, section

11. 2 and section 12, paragraph. 8 and 9 may be the insurance company according to specific

circumstances of the case in part or completely waived; If the claim exceeds the

amount 250 USD, it may do so only with the consent of the authority of the State

supervision. ^ 5)



section 16 of the



cancelled



§ 17



Shall be deleted:



1. the Decree of the Ministry of finance, prices and wages of the Czech Republic No.

138/1990 Coll., laying down the conditions for legal insurance

the entrepreneur's responsibility for the damage that occurs when a worker

the performance of tasks or in direct connection with him,



2. the Ministry of finance Decree No. 49/1964 Coll., on insurance

conditions for the insurance of persons, as amended by the Decree of the Ministry of finance

The Czech Republic, no. 55/1979, Coll. and Decree of the Ministry of Finance of the Czech

No. 337/1991 Coll.,



3. Decree of the Ministry of Finance of the Czech Republic No. 11/1983, Coll.

insurance terms and conditions for the insurance of the property, in the text of the Decree

the Ministry of Finance of the Czech Republic No. 337/1991 Coll.,



4. Decree of the Ministry of Finance of the Czech Republic No. 12/1983, Coll.

insurance conditions for liability insurance, as amended by

Decree of the Ministry of Finance of the Czech Republic No. 337/1991.



section 18



(1) the insurance provisions negotiated under repealed section 17, paragraphs 3 and 4

before the 1. 1 January 1993 shall be governed by the General insurance

the terms of the Czech insurance company, and. s., approved under reference

103/45904/1992/and the Ministry of Finance of the Czech Republic as the authority

supervision of insurance under section 788 paragraph. 2 of the code of

code, as amended. The extent of the agreed insurance

does not change.



(2) the emergence of a legal relationship referred to in paragraph 1, as well as the obligations of the

them occurring before 1. 1 January 1993 shall be assessed in accordance with the existing

regulations.



§ 19



This Decree shall take effect on the date of publication.



Minister:



Ing. On the occasion of the PP for CSc.



Annex 1



cancelled



Annex 2



Premium rates according to the prevailing activity



carried out by the employer

NACE-code of economic activity (NACE-name) of the assessment

base in per mille

-----------------------------------------------------------------

10.1 hard coal Mining, including the production of 50.4

coal briquettes

12 Mining of uranium and

thorium ores

13 mining of metal ores

------------------------------------------------------------------

9.4 the production of meat and meat products (incl. poultry) 9.8

9.4 processing fish and fish products

(including canning)

9.6 manufacture of vegetable and animal oils and fats

20.1 sawmilling and planing of wood

24.11 the production of technical gases

26.11 manufacture of flat glass

16.6 the processing of natural stone

27.5 casting of metals (foundry)

23.1 the processing of metal waste and scrap

45 Construction

75.25 fire protection and other

rescue work

------------------------------------------------------------------

02 forestry, logging and related services 8.4

10.2 Extraction of brown coal, including the production of

lignite briquettes

11 Extraction of oil and natural gas and

related services

14.1 mining of aggregates

9.6 treatment and processing of milk

15.83 manufacture of sugar

9.9 drinks Production

preparation and spinning of flax-type 17.14 fibres

17.25.4 jutařských fabric Weaving

17.53 manufacture of non-woven fabrics and products

(except clothing)

20.2 manufacture of veneer sheets, plywood products and

impregnation of timber products

12.6 construction-Production and Assembly of

20.4 manufacture of wooden containers

21.1 manufacture of pulp, paper and paperboard

24.3 manufacture of paints, varnishes and similar

protective layers, and mastics

24.64 photographic chemical products for Manufacturing purposes

15.3 manufacture of man-made fibres

manufacture of rubber tyres 24.11

24.12 Retreading and repair of rubber tires

26.13 manufacture of hollow glass

26.26 manufacture of refractory ceramic products

26.3 manufacture of ceramic tiles and flags

26.5 manufacture of cement, lime and plaster

Manufacture of products from concrete 16.5, cement and plaster

26.81 production of abrasive products

27.1-27.4 manufacture of basic metals (in addition to the foundry industry)

28 manufacture of fabricated metal

products in addition to the production of machines and tools

29 manufacture of machinery and equipment

19.4 the production of cables and wires

21.8 the building of ships and boats (including repairs)

36.1 Manufacture of furniture

23.1 the processing of non-old material

and the residual material

37.4 land transport (outside of the pipe and the

Railway) Inc. By PUBLIC TRANSPORT

52.9 Veterinary activities

90 removal of waste and waste-water drainage

------------------------------------------------------------------

01 Agriculture 7

------------------------------------------------------------------

16 tobacco processing 4.2

17.23 Weaving combed fabrics vlnařských

silk fabric Weaving 17.24

17.25.3 Weaving of flax fabrics

17.25.5 vigoňových fabric Weaving

10.8 Manufacture of made-up textile goods

(except apparel)-carpets, bedding, etc.

17.52.1 manufacture of rope makers

17.54.1 the production of ribbons and braid

17.54.2 the production of tylů, laces, curtains and embroidery

10.9 manufacture of knitted material

11.0 manufacture of knitwear

18 clothing industry, processing and dyeing of fur

19 manufacture of leather and edit the skin; production brašnářského

and sedlářského goods and footwear

26.21 the production of ceramic products

for the household and ornamental articles

26.22 the production of ceramic products for

sanitary purposes

30.02 manufacture of computers, etc. instruments and equipment

on data processing

32 manufacture of radio, television and connecting

equipment and apparatus

33 Manufacture of medical, precision and optical

equipment and hours

21.9 the manufacture of aircraft and spacecraft

36.2 jewellery and precious objects

41 the production and distribution of water

55 hotels and restaurants

37.5 pipelines

No 61.11 shipping

62 air transport

63.3 travel agencies, tour operators

64.2 Telecommunications

70 real estate activities (purchasing,

sale, rent, administration, real estate agency)

45.4 research and development in the area of natural

and technical sciences

74.1 legal, tax and business advisory services;

Accounting and its revision; Market research and

public opinion; Management of securities

74.2 architectural and engineering consultancy

and similar technical services

75 public administration; Defense; Compulsory social

(in addition to the insurance (in addition to fire protection

75.25) and other rescue works)

80 Education

52.9 Health

85.3 social work

91 activities of the organizations of the social

92.2 radio and television Operation

------------------------------------------------------------------

13.7 Publishing 2.8

65 financial intermediation

66 Insurance except compulsory

social security

67 activities related to loans

and insurance

72 data processing and related activities

(consultancy, repair, data banks, etc.)

45.5 research and development in the field of Humanities,

Social Sciences literature

74.4 Advertising activities

74.81 photographic services

57.2 production, lending and distribution of films and videos

57.5 Activities of libraries, public archives

(in addition to museums and other cultural facilities (in addition to the

92.53) botanical and Zoological activities

gardens and nature reserves)

93.02 Hairdressing and other services for the treatment of the body

(manicure, pedicure, cosmetic operations)

------------------------------------------------------------------

Activities not included in the other sazbových 10.5

groups (with the exception of the group "Other

economic activities "), in which, in particular,

working with explosives, radioactive

substances, radon, infectious materials, poisons,

activities at high altitudes or depths

------------------------------------------------------------------

Other economic activities 5.6

------------------------------------------------------------------



The minimum premium per calendar quarter is $ 100.



Breakdown of economic activities was taken from the Sectoral

classification of economic activities (NACE) processed by the Czech

the Statistical Office.



Selected provisions of the novel



Article II of Act No. 487/2001 Sb.



The transitional provisions of the



If it was on the insurance for the 1. quarter of 2002 paid before the date of

January 1, 2002 less than is provided for in this Decree, the employer

insurance premiums payable by 31 December. January 2002 up to the amount provided for in article. I; If it has been

This insurance is paid in an amount greater than the amount of the premium for the 1.

quarter of 2002, provided for by article. Also, the insurance company employer

the overpayment without undue delay, return.



1) § 8 (.312 in) of the labour code.



3) section 190 et seq.. the labour code.



4) § 5 (3). 1 (a). and Act No. 589)/1992 Coll., on social

Security and contribution to the State employment policy.



§ 8 paragraph 5). the CZECH NATIONAL COUNCIL Act No. 185/1991 Coll., on insurance.