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Amendment Of The Act On The Organization And Implementation Of Social Security

Original Language Title: změna zákona o organizaci a provádění sociálního zabezpečení

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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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