317/2015 Sb.
LAW
of 11 December 1997. November 2015,
amending Act No. 582/1991 Coll., on the Organization and implementation of
social security, as subsequently amended, Act No. 435/2004
Coll., on employment, as amended, and other related
the laws of the
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on the Organization and implementation of social security
Article. (I)
Act No. 582/1991 Coll., on the Organization and implementation of social security,
as amended by Act No. 586/1992 Coll., Act No. 38/1993 Coll., Act No.
160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.
118/1995 Coll., Act No. 160/1995 Coll., Act No. 138/1997 Coll., Act No.
306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.
356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.
29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.
155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.
238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.
116/2001 Coll., the Act No. 353/2001 Coll., Act No. 151/2002 Coll., Act No.
263/2002 Coll., Act No. 265/2002 Coll., Act No. 309/2002 Coll., Act No.
320/2002 Coll., Act No. 519/2002 Coll., Act No. 361/2003 Coll., Act No.
424/2003 Coll., Act No. 422/2003 Coll., Act No. 461/2003 Coll., Act No.
53/2004 Coll., Act No. 167/2004 Coll., Act No. 283/2004 Coll., Act No.
359/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll., Act No.
168/2005 Coll., Act No. 361/2005 Coll., Act No. 381/2005 Coll., Act No.
413/2005 Coll., Act No. 24/2006 Coll., Act No. 70/2006 Coll., Act No.
81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act No.
161/2006 Coll., Act No. 189/2006 Coll., Act No. 216/2006 Coll., Act No.
267/2006 Coll., Act No. 342/2006 Coll., Constitutional Court,
the declared under no. 405/2006 Coll., Act No. 585/2006 Coll., Act No.
152/2007 Coll., Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No.
270/2007 Coll., Act No. 296/2007 Coll., Act No. 305/2008 Coll., Act No.
306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.
41/2009 Coll., Act No. 158/2009 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll., Act No. 303/2009 Coll., Act No. 326/2009 Coll., Act No.
347/2010 Coll., Act No. 73/2007 Coll., Constitutional Court,
the declared under no. 177/2007 Coll., Act No. 180/2007 Coll., Act No.
220/2011 Coll., Act No. 263/2011 Coll., Act No. 329/2007 Coll., Act No.
341/2011 Coll., Act No. 348/2011 Coll., Act No. 364/2011 Coll., Act No.
365/2010 Coll., Act No. 366/2007 Coll., Act No. 367/2007 Coll., Act No.
375/2007 Coll., Act No. 428/2007 Coll., Act No. 458/2007 Coll., Act No.
470/2011 Coll., Act No. 167/2012 Coll., Act No. 399/2012 Coll., Act No.
401/2012 Coll., Act No. 403/2009 Coll., Act No. 274/2013 Coll., Act No.
303/2013 Coll., Act No. 313/2013 Coll., legal measures the Senate No.
344/2013 Coll., Act No. 64/2014 Coll., Act No. 136/2014 Coll., Act No.
250/2014 Coll., Act No. 251/2014 Coll., Act No. 267/2014 Coll., Act No.
332/2014 Coll. and Act No. 131/2015 Coll., is amended as follows:
1. in the introductory part of the provisions of paragraph 7, after the words "security"
the words "unless otherwise provided in this Act,".
2. in article 7 the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the jurisdiction of the District Social Security Administration in matters of
pension insurance and social security contributions and contribution
the State employment policy referred to in paragraph 1 (b). (c)), d) and (f)), and
pursuant to § 39 para. 1 is governed by the venue of the district administration
social security, for the implementation of insurance specified
Czech social security administration decision pursuant to § 83 para. 6
the law on health insurance. ".
3. in article 14, paragraph 3 shall be inserted after paragraph 4, including
footnote # 81 and 82:
"(4) social security institutions are required to provide on request
the data obtained in the implementation of pension insurance and the data obtained when you
the selection of social security contributions to the State
employment policy, including data on individual citizens and
their State of health, managing authorities and coordinating authority designated by the
for the operational programmes financed by the European structural and
investment funds ^ 81), if these data are necessary for the performance of tasks
arising for them from European Union law ^ 82). These data may be
provide in electronic form in a manner allowing remote access.
The application must be referred to the provisions of the legislation of the European Union,
on which the application is based, the scope of the required data and the purpose for which
the information is requested.
81) European Parliament and Council Regulation (EU) No 1303/2013 of 17 May.
December 2013 (CPR) on the European Fund for
Regional Development Fund, the European Social Fund, the Cohesion Fund,
The European agricultural fund for rural development and the European maritime and
Fisheries Fund, laying down general provisions on the European Fund for
Regional Development Fund, the European Social Fund, the Cohesion Fund and
The European maritime and Fisheries Fund and repealing Council Regulation (EC) No.
1083/2006.
for example, 82) European Parliament and Council Regulation (EU) no 1304/2013
of 17 May. December 2013 on the European Social Fund and repealing
Council Regulation (EC) No 1081/2006. ".
Paragraphs 4 to 6 shall be renumbered as paragraphs 5 to 7.
4. In section 82 para. 1 and 3, the words "section 7 (b). (b)) "shall be replaced by the words" § 7
paragraph. 1 (b). (b)) ".
5. In section 104b is at the end of paragraph 2, the period is replaced by a comma and the following
subparagraph (c)), which read as follows:
"(c)) venue of the District Social Security Administration for
the implementation of the delegated by the Czech health insurance administration
social security, pursuant to § 83 para. 6 of the Act on sickness
insurance. ".
6. section 127a including title:
"section 127a
Specific procedures to ensure the security and privacy
(1) for the purposes of classification of the activities of the intelligence services of the Czech Republic,
Police of the Czech Republic and the General Inspectorate of security forces and
ensure the safety of their nationals can use the special procedures
When carrying out the tasks provided for in this law.
(2) the special procedures provided for in paragraph 1 may be used
and) members
1. the intelligence services of the Czech Republic,
2. the police of the Czech Republic,
3. the General Inspectorate of security forces,
4. The fire brigade of the United States,
(b)), the intelligence service of the Czech Republic, police of the Czech Republic,
General Inspectorate of security forces and fire rescue Brigade of the Czech
Republic,
(c)), the social security institutions.
(3) the special procedures provided for in paragraph 1 shall be determined by the Government. ".
PART TWO
Amendment to the Employment Act
Article. (II)
Act No. 435/2004 Coll., on employment, as amended by law No 168/2005
Coll., Act No. 202/2005 Coll., Act No. 251/2005 Coll., Act No. 350/2005
Coll., Act No. 382/2005 Coll., Act No. 413/2005 Coll., Act No. 428/2005
Coll., Act No 444/2005 Coll., Act No. 495/2005 Coll., Act No. 109/2006
Coll., Act No. 112/2006 Coll., Act No. 115/2006 Coll., Act No. 161/2006
Coll., Act No. 165/2006 Coll., Act No. 216/2006 Coll., Act No. 264/2006
Coll., Act No. 160/2007 Coll., Act No. 181/2007 Coll., Act No. 213/2007
Coll., Act No. 261/2007 Coll., Act No. 362/2007 Coll., Act No. 379/2007
Coll., Act No. 57/2008 Coll., Act No. 124/2008 Coll., Act No. 129/2008
Coll., Act No. 306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008
Coll., Act No. 158/2009 Coll., Act No. 223/2009 Coll., Act No. 227/2009
Coll., Act No. 281/2009 Coll., Act No. 326/2009 Coll., Act No. 362/2009
Coll., Act No. 149/2010 Coll., Act No. 347/2010 Coll., Act No. 427/2010
Coll., Act No. 73/2011 Coll., Act No. 364/2007 Coll., Act No. 365/2011
Coll., Act No. 367/2007 Coll., Act No. 375/2007 Coll., Act No. 420/2011
Coll., Act No. 458/2011 Coll., Act No. 470/2011 Coll., Act No. 1/2012
Coll., Act No. 401/2009 Coll., Constitutional Court, declared under no.
437/2009 Coll., Act No. 505/2012 Coll., Act No. 303/2013 Coll., Act No.
306/2013 Coll., Act No. 64/2014 Coll., Act No. 101/2014 Coll., Act No.
136/2014 Coll., Constitutional Court, declared under no 219/2014 Sb.
Law No 250/2014 Coll., Act No. 84/2015 Coll., Act No. 131/2015 and
Law No. 203/2015 Coll., is amended as follows:
1. In article 6 (1). 1, letter g) the following point (h)), including
footnote No. 98 and 99:
"h) provides, on request, in a manner allowing remote access control
authorities and the coordinating authority for operational programmes
financed from the European structural and investment funds ^ 98) data
obtained in the State employment policy assurance, including data on
each of the individuals, and whether they are persons with
disabilities under section 67 para. 2, if such data are necessary for the performance of
the tasks arising for them from European Union law ^ 99); the application must
be referred to the provisions of the legislation of the European Union, on which the
the request is based, the scope of the required data and the purpose for which the
information is requested
98) European Parliament and Council Regulation (EU) No 1303/2013 of 17 May.
December 2013 (CPR) on the European Fund for
Regional Development Fund, the European Social Fund, the Cohesion Fund,
The European agricultural fund for rural development and the European maritime and
Fisheries Fund, laying down general provisions on the European Fund for
Regional Development Fund, the European Social Fund, the Cohesion Fund and
The European maritime and Fisheries Fund and repealing Council Regulation (EC) No.
1083/2006.
for example, 99) the European Parliament and of the Council Regulation (EU) no 1304/2013
of 17 May. December 2013 on the European Social Fund and repealing
Council Regulation (EC) No 1081/2006. ".
Subparagraph (h)) to (j)) are known as letters) to).
2. In article 6 (1). 1 (b). I) and in paragraph 2(a) to section 8a. 1 (b). k),
"disabilities", the words "pursuant to § 68 para. 1. "
3. In section 6 (1). 2 and § 147d para. 1 the words "(a). (h)) "shall be replaced by
"(b). I) ".
PART THREE
Amendment of the Act on health insurance
Article. (III)
Law No. 187/2006 Coll., on sickness insurance, as amended by Act No.
585/2006 Coll., Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No.
239/2008 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll., Act No.
479/2008 Coll., Act No. 2/2009 Coll., Act No. 41/2009 Coll., Act No.
158/2009 Coll., Act No. 227/2009 Coll., Act No. 302/2009 Coll., Act No.
303/2009 Coll., Act No. 362/2009 Coll., Act No. 157/2010 Coll., Act No.
166/2010 Coll., Act No. 347/2010 Coll., Act No. 73/2007 Coll., Act No.
180/2007 Coll., Act No. 263/2007 Coll., Act No. 341/2010 Coll., Act No.
364/2007 Coll., Act No. 365/2010 Coll., Act No. 375/2007 Coll., Act No.
458/2011 Coll., Act No. 470/2011 Coll., Act No. 1/2009 Coll., Act No.
167/2012 Coll., Act No. 169/2009 Coll., Act No. 396/2009 Coll., Act No.
401/2009 Coll., Act No. 303/2013 Coll., legal measures the Senate No.
344/2013 Coll., Act No. 64/2014 Coll., Act No. 250/2014 Coll., Act No.
267/2014 Coll., Act No. 332/2014 Coll., Constitutional Court,
the declared under no 14/2015 Coll., Act No. 131/2015 Coll. and Act No.
204/2015 Coll., is amended as follows:
1. In paragraph 83, in paragraph 5, the following paragraph 6 is added:
"(6) Czech social security administration may, at the request of the employer
or on the initiative of the competent local District Social Security Administration
delegate the jurisdiction for the conduct of insurance, including checks
fulfilment of the obligations of employers in the insurance provided for under paragraph
1 (b). and) to a different District Social Security Administration, if there is
appropriate in terms of the implementation of the insurance. The delegation of the decision referred to in
the first sentence can only be issued after previous consultation with the employer,
to which the delegation relates; in proceedings of the delegation shall not apply the provisions of
of the administrative code of the observations of the parties to the documents, the launch decision
This control is usually not notified to the participants and in the decision to
the delegation must be mentioned, that the District Social Security Administration
completes the already initiated proceedings. Against the decision of the delegation may be made
remedies. When you change the circumstances under which it was on the delegation
decided, the Czech social security administration decide to change
or cancellation of the delegation; While the provisions of the second and third sentences
by analogy. The decision of the Czech social security administration in matters of
the delegation shall be published on the official boards of the affected district administrations
social security and the Czech social security administration, and the way
allowing remote access, prior to the date on which occurs the
the delegation or to change or cancel delegation. ".
The present paragraph 6 is renumbered as paragraph 7.
2. In article 116, paragraph 4 shall be inserted after paragraph 5, including
footnotes # 78 and 79:
"(5) the authorities of sickness insurance, on request, be communicated to the managing authorities and
the coordinating authority for the operational programmes financed by the
the European structural and investment funds ^ 78) data obtained from
the implementation of policies, including information about each insured individuals and
their health, if these data are necessary for the performance of tasks
arising for them from European Union law ^ 79). These data may be
provide in electronic form in a manner allowing remote access.
The application must be referred to the provisions of the legislation of the European Union,
on which the application is based, the scope of the required data and the purpose for which
the information is requested.
78) European Parliament and Council Regulation (EU) No 1303/2013 of 17 May.
December 2013 (CPR) on the European Fund for
Regional Development Fund, the European Social Fund, the Cohesion Fund,
The European agricultural fund for rural development and the European maritime and
Fisheries Fund, laying down general provisions on the European Fund for
Regional Development Fund, the European Social Fund, the Cohesion Fund and
The European maritime and Fisheries Fund and repealing Council Regulation (EC) No.
1083/2006.
79) for example, regulation of the European Parliament and of the Council (EU) no 1304/2013
of 17 May. December 2013 on the European Social Fund and repealing
Council Regulation (EC) No 1081/2006. ".
Paragraphs 5 to 7 shall be renumbered 6 to 8.
3. In article 116 paragraph 1. 8, the words "up to 6" shall be replaced by the words "to 7".
PART FOUR
Amendment of the Act on the Office work of the Czech Republic and amending related
the laws of the
Article. (IV)
Act No. 73/2007 Coll. on employment services in the Czech Republic and amending
related laws, as amended by law no 366/2007 Coll., Act No.
375/2007 Coll., Act No. 331/2012 Coll., Act No. 401/2009 Coll., Act No.
306/2013 Coll., Act No. 234/2014 Coll., Act No. 250/2014 Coll., Act No.
254/2014 Coll. and Act No. 205/2015 Coll., is amended as follows:
1. In paragraph 4a after paragraph 1 the following paragraph 2 is added:
"(2) the data held in the unified information system of labour and social
things may be the Ministry of this system provided only in
cases and under the conditions laid down in the law. ".
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
2. In section 4A(1). 4, the words "paragraph 2" shall be replaced by the words "paragraph 3".
PART FIVE
The EFFECTIVENESS of the
Article. In
This Act shall take effect on the date of publication.
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