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
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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
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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
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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
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01 Agriculture 7
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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
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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)
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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
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Other economic activities 5.6
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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.