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The Electoral Procedure For Elections To The Administrative And Supervisory Boards Of Insurance Undertakings

Original Language Title: volební řád pro volby do správních a dozorčích rad pojišťoven

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579/2006 Sb.



The DECREE



of 15 July. in December 2006,



laying down the method of elections and electoral procedure for elections to the Board of Directors

and supervisory boards of departmental, industry, corporate, and other

health insurance companies



Change: 87/2008 Sb.



The Ministry of health shall lay down pursuant to article 10, paragraph 1. 3 and 5 of law No.

280/1992 Coll., on departmental, industry, corporate, and other

health insurance, as amended by law No 117/2006 Coll. (hereinafter referred to as

the "law"):



§ 1



The method of election



Election of the members of the administrative boards and supervisory boards of departmental, sectoral,

corporate and other health insurance companies (hereinafter referred to as "employment

insurance company ") are a secret and indirect.



Electoral regulations



§ 2



(1) the Director of the occupational insurance announces the election announcement, and it

not later than 60 days before the expiry of the term of Office of the existing members

the Management Board and the Supervisory Board, or within 60 days before the expiry of the

provided for in section 26, paragraph. 1 of the Act, in the case of the first elections to the authorities

employee insurance after the grant of authorisation to carry out the General

health insurance pursuant to section 3 of the Act (hereinafter referred to as the "new employment

insurance company "). The proposals of the candidates, who are reimbursed for the employee

the insurance companies, the Election Commission within 30 days after the announcement of elections

the representative employers ' organisations and trade union representative

the organization. At the same time notify the employers referred to in section 6 of the electoral

the Commission of the names of delegates appointed to elect members of the Management Board and the supervisory

of the Council.



(2) pending the appointment of the Director of the occupational insurance under section 9a

paragraph. 1 of the Act the Board established under section 26 of the paragraph. 1 act plays in

the new employee of the insurance undertaking tasks of the Director under this Ordinance, the person

responsible for the management of the new employee of the insurance undertaking in accordance with the Foundation of the Charter.



(3) in the notice of the publication of the election shall indicate the day of the elections, the hour

the start and end options, instead of the elections, the polling station, the time limit for

proposals of the candidates and the place designated for receipt of proposals

candidates.



(4) the notice of the publication of the election Director employee insurance

publish to remote access and at the same time it sends the

the competent organizations of the employers and competent trade

organizations; the notice shall send to the Director of the Department of health also.



§ 3



(1) the choice of controls and organizes the Election Commission. The Electoral Commission has seven

the members of the.



(2) six members of the Electoral Commission shall be appointed by the Director of the employee insurance

from the staff of employment insurance. One member of the Electoral Commission

is appointed by the Minister of health from the staff included in the

The Ministry of health. The members of the Electoral Commission from its Center

shall elect a Chairperson. The Chairman of the Electoral Commission governs its activities.



(3) the membership of the Election Committee shall cease



and the date of termination of the activities) of the Electoral Commission,



(b)) the death,



(c)) at the time when the Chairman of the Electoral Commission receives a written declaration of

the waiver of a member of the Electoral Commission; This written statement cannot be

take it back,



(d)) at the time when the Chairman of the Electoral Commission receives a written revocation of the Member

the Electoral Commission, who appointed him, or



e) on election day, if the absence of a member of the Electoral Commission in the electoral

room without the consent of the Commission for more than 3 hours.



(4) a member of the Electoral Commission, whose membership has been terminated in the name of the new

Member, the one who appointed the Member, which the new Member is replaced.



§ 4



The proposal for a candidate must be accompanied by:



and a signed declaration of the candidate in manuscript) that agrees with your

candidacy and that he had not known the obstacles referred to in section 10 eligibility

paragraph. 12 and 13 of the Act,



(b)) an extract from the criminal register pursuant to § 9a, paragraph. 4 of the Act,



c) signed biography of the candidate.



§ 5



(1) prior to the inclusion of the candidate on the candidate list of the Electoral Commission

verifies whether the



and a proposal was submitted to the candidate) within the time limit set out in section 2 (2). 1 and

contains the elements set out in section 4,



(b)), the proposed candidate meets the conditions referred to in section 10, paragraph 1. 7 and 9

the law.



(2) the Election Commission shall draw up proposals received from meeting the requirements

in accordance with paragraph 1, the list for the election of the members of the Management Board and

of the Supervisory Board. Candidature shall be established separately for candidates

the proposed representative employers ' and

candidates proposed by representative trade union organisations,

especially for the elections to the Executive Board and the Supervisory Board. Candidates on the

ballots shall be included in the order of the alphabet.



(3) the list shall be published with the curriculum vitae of candidates the Electoral Commission

not later than 5 working days before the date of the election in the manner specified in the

§ 2 (2). 3.



§ 6



(1) an employer who did employee the assurance undertaking in the period from

18. day of the calendar month of 7 calendar months preceding the

the calendar month in which they declare the elections to 17. of the day

the calendar month preceding the calendar month in which the

declare options, insurance premiums in the amount of at least 0.5% of the sum of the amounts

premiums, the employee notified the insurance company administrators

the special account under another legal regulation ^ 1) in this period, the

specify two electors,. For each additional 0.5% of the paid insurance premiums is

authorized to determine the other two electors,.



(2) in the case of a new employee insurance an employer who may

did the new employee to the insurance undertaking in the period from 18. day of the calendar

of the month following the calendar month in which it was executed

write a new employee of an insurance undertaking in the commercial register, to 17. of the day

5. the calendar month following the calendar month in

which was made writing a new employee of an insurance undertaking in the commercial

Register, insurance premiums in the amount of at least 0.5% of the sum of the amounts of the premiums,

communicated the new employment insurance company separate account manager

According to another legal regulation ^ 1) in this period, specify two electors,.

For each additional 0.5% of the paid insurance premiums is entitled to determine the two other

electors,.



(3) is entitled to Vote, which is optional to the members of the Electoral Commission

demonstrates a valid identity card or a valid passport, officially

verified by written authorization of the statutory body of the employer and

extract from the commercial register or other document certifying that

on the employer under the Act on public health insurance ^ 2).

Optional cannot be both a candidate for Member of the Board of directors or

of the Supervisory Board.



section 7 of the



(1) the nomination of Candidates to members of the Management Board and the candidates

nomination of members of the Supervisory Board on the voting ballots shall

in order of the alphabet. Of the ballots must be clear to the

which the authority of the employment insurance are proposed by the candidates and that the

as for the candidates proposed by representative employers '

or candidates proposed by representative trade unions.

The voting list is on the end of the text bears the stamp of the

employee insurance.



(2) not later than 1 hour will receive a Volitelé before the elections the competent

the ballots.



(3) before inserting the ballot to the voter enters the Clipboard

optional in the designated area to edit the ballot and adjusts the

ballot for candidates, which shall elect, by instructing Excel serial

the number of the candidate. If the election of the members of the Administrative Council employee

insurance companies may thus indicate the five candidates proposed by the

representative employers ' and five candidates

the proposed representative trade unions. If the option

the members of the Supervisory Board, employee insurance, may thus indicate the most

the three candidates proposed by the representative organisations of employers and

the three candidates proposed by representative trade unions. If

Optional does not mark any candidate on the ballot, or more

the candidates than is stated in the second sentence, or ballot

his voice breaks, it is invalid.



(4) after the end of the election in the polling place open election of the Clipboard

with the participation of all the members of the Electoral Commission. The Electoral Commission counts the number of votes

cast the individual candidates, and according to the number of votes cast shall draw up their

the order.



(5) the Members of the Management Board of the insurance undertaking are those employee elected

the candidates, who, according to the number of valid votes cast placed on the

the first five places in both the lists of instruments. The candidates, who are

placed in other places, are the alternate members of the Board, in

order according to the number of votes cast. Members of the Supervisory Board, employee

insurance companies are elected those candidates who, according to the number of cast

valid votes placed in the top three places in both the lists

of the instruments. Candidates who are placed in other places, are the alternates

the members of the Supervisory Board, and in the order according to the number of votes cast.



(6) in the case of the optional places referred to in paragraph 5, sentence

the first or the third gets the same number of votes for more candidates, decided on

the selected candidate by drawing lots. The draw, the President of the electoral

the Commission, in the presence of all its members. About the result of the draw will

be drawn up, which shall be signed by the Chairman and at least two other members of the

the Electoral Commission. Candidates who were not elected by lot for the members of the supervisory

the Council or the Board of Directors, become alternates.



(7) the order alternates shall be determined by the number of valid votes cast

each of the candidates who are placed



and) in elections to the Board in the sixth, and other locations of the candidates

the proposed representative employers ' or candidates

the proposed representative trade union organisations,



(b)) in the elections to the Supervisory Board on the fourth, and other locations of the candidates

the proposed representative employers ' or candidates

the proposed representative trade union organisations,



(c) in the case of equality) the number of votes cast for the determination of the order of the

alternate members of the provisions of paragraph 6, second and third sentence shall apply mutatis mutandis.



§ 8



(1) the Electoral Commission on the day of elections, drawn up in two copies

write about the progress and outcome of the election, which always contains



and about) the information which the authority of the employment insurance options

concerned,



(b)), the number of electoral college and their names,




(c) the number of cast and applicable) invalid ballot,



(d) the number of candidates) the order of the votes cast to them, where appropriate,

Protocol on the draw



(e) the date of preparation of registration)



(f) the signature of each of the members) of the Electoral Commission; If any of the members of the Commission

signature denies, in the annex to the minutes.



(2) a record of the progress and outcome of the elections and all documents with the election

related, in particular, the valid, invalid and unused ballots,

the documents certifying the credentials of delegates, evidence of the integrity of the elected

candidates under section 9a of the paragraph. 4 of the Act, the President of the Electoral Commission

within 24 hours of the end of Director of occupational options

the insurance company.



(3) the Director of the occupational insurance companies publish the results of the election in the manner

enabling remote access within three working days after receipt of the registration, and the

inform the chosen members of the Management Board and the Supervisory Board. The Director of the

employment insurance also inform the chosen alternates

the members of the Management Board and the Supervisory Board of their location in the elections. One

copy of the minutes of the progress and outcome of the election shall be sent to the Ministry of

health care.



(4) Employment insurance company shall keep a copy of the minutes on the course and

the result of the elections and all documents related with the election of at least

duration of term of Office of members of the Management Board and supervisory board members, which

the election is concerned.



§ 9



If there is no substitute to the Member of the management board or supervisory board

employee insurance companies selected from candidates proposed by the

representative organisations of employers, or from candidates

the proposed representative trade unions, held

additional options. In the case of by-elections or early elections to the

the authorities of the new employee of the insurance undertaking with the provisions of the election shall

by analogy with the fact that the time limits referred to in section 2 (2). 1 may be reasonably

truncated, but not more than half.



§ 10



This Decree shall take effect on the date of its publication.



Minister:



Mudr. Julínek, MBA in r.



1) § 21. 1 Act No. 592/1992 Coll., on premiums for General

health insurance, as amended.



2) § 2 (2). 2 of Act No. 48/1997 Coll., on public health insurance, and

on the change and the addition of some related laws, as amended

regulations.