On The Contribution To Alleviating The Social Consequences Of

Original Language Title: o příspěvku ke zmírnění sociálních dopadů

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167/2016 Sb.



GOVERNMENT REGULATION



of 11 December 1997. may 2016



on the contribution to alleviating the social consequences associated with

the restructuring and activities of legal persons in the insolvency

engaged in the mining of hard coal



Government decrees for the implementation of Act No. 218/2000 Coll. on budgetary

rules and amending certain related laws (budget

the rules), as amended by Act No. 493/2000 Coll., Act No. 141/2001 Coll.

Act No. 187/2001 Coll., Act No. 320/2001 Coll., Act No. 450/2001 Coll.

Act No. 202/2002 Coll., Act No. 320/2002 Coll., Act No. 479/2003 Coll.

Act No. 186/2004 Coll., Act No. 257/2004 Coll., Act No. 436/2004 Coll.

Act No. 482/2004 Coll., Act No. 1/2005 Coll., Act No. 127/2005 Coll.

Act No. 361/2005 Coll., Act No. 377/2005 Coll., Act No. 546/2005 Coll.

Act No. 112/2006 Coll., Act No. 130/2006 Coll., Act No. 138/2006 Coll.

Act No. 140/2006 Coll., Act No. 230/2006 Coll., Act No. 267/2006 Coll.

Act No. 174/2007 Coll., Act No. 270/2007 Coll., Act No. 26/2008 Coll.

Act No. 306/2008 Coll., Act No. 109/2009 Coll., Act No. 154/2009 Coll.

Act No. 214/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll.

Act No. 417/2009 Coll., Act No. 421/2009 Coll., Act No. 139/2010 Coll.

Act No. 199/2010 Coll., Act No. 427/2010 Coll., Act No. 30/2011 Coll.

Act No. 73/2011 Coll., Act No. 366/2011 Coll., Act No. 370/2011 Coll.

Act No. 428/2011 Coll., Act No. 456/2011 Coll., Act No. 457/2011 Coll.

Act No. 458/2011 Coll., Act No. 465/2011 Coll., Act No. 171/2012 Coll.

Act No. 407/2012 Coll., Act No. 501/2012 Coll., Act No. 303/2013 Coll.

legal measures the Senate No. 344/2013 Coll., Act No. 250/2014 Coll.

Act No. 25/2015 Coll., Act No. 320/2015 Coll., Act No. 357/2015 Coll.

Act No. 128/2016 Coll.:



§ 1



(1) this regulation establishes a contribution to the alleviation of the social impact of

related to the restructuring and activities of legal persons in

insolvency of dealing with mining of hard coal (hereinafter "post") and

the conditions and the method of its delivery.



(2) the contribution from the funds of the State budget provides the Ministry of

trade and industry (hereinafter referred to as "the Ministry").



(3) for the purposes of this regulation, means a



and mining companies), and any legal person insolvent dealing

mining of bituminous coal referred to in annex 1 to this regulation,



(b)) the restructuring of the partial closure of operation or their parts

activities specified by the mining company.



§ 2



(1) the contribution shall be granted to the employees specified by the mining company, in

that occurs to reduce the number of employees as a result of

restructuring and the decline of its business, whose employment with the

specified by the mining company was terminated by notice of the reasons referred to in §

52 (a). a) to (c)) of the labour code or by agreement under section 49 of the labour code

for the same reasons and on the date of termination of his employment

lasted continuously for at least 2 years (hereinafter the "authorized person").



(2) a condition of the post is that in the region, in which she had

persons entitled to the work location for the specified mining company, was in the

the calendar half-year, preceding the date of the end of its work

the ratio of the average proportion of unemployed people, according to statistics of the Ministry of

labour and Social Affairs is higher or equal to the average of the share

of the unemployed persons in the Czech Republic.



(3) the allowance shall be granted on a monthly basis in the amount of



and 8 000 Czk), if the employee is a specified mining companies with

the dominant performance of work in the underground the underground mine, or



(b) $7 000), if the employee is a specified mining companies with

the dominant performance of work outside of the underground the underground mine.



§ 3



(1) unless otherwise provided in this regulation, the allowance for a period of



and) 3 months, if the employment of an authorized person to specified mining

the company lasted less than 5 years,



(b)) 6 months, if the employment of an authorized person to specified mining

the company lasted at least 5 years; for each additional year of continuous

the duration of the employment relationship to the mining company to the provision of

the allowance is extended by 3 months but not more than 30 months.



(2) the contribution shall be granted for a period of 60 months, in the case of legitimate

a person who was an employee of the specified mining companies with

the dominant performance of work in the underground the underground mine and the date of the end of the

the employment relationship for the specified mining company has reached the age of at least 50

years and her employment with the specified mining companies took

continuously for at least 25 years old and she has now worked at least 3 300 innings with a place

work in underground deep coal mine.



(3) the allowance shall be granted for a period of 60 months, in the case of legitimate

a person who was an employee of the specified mining companies with

the dominant performance of work outside of the underground the underground mine and the date of

termination of employment with the specified mining company has reached the age of

at least 55 years of age and her employment with the specified mining companies took

continuously for at least 25 years of age



(4) The period of continuous employment in a specified mining

the company is an authorized person also counted the time of employment for

other legal persons engaged in the



and) coal, if there has been a transfer of rights and obligations of

labor relations in this legal entity to the mining

the company, or



(b) mining activities) ^ 1) If immediately after the completion of this

employment was the beneficiary of the employment relationship to a specified

mining company.



(5) if the beneficiary has the right to the provision of the special allowance

the miners under the law governing the special contribution of the miners ^ 2)

provides the allowance equal to the difference between the contribution determined in accordance with

§ 2 (2). 3 and the special contribution of the miners.



(6) if the beneficiary has a right to the compensation for loss of earnings referred to in

^ 3) of the labour code, provides the allowance equal to the difference between the

contribution laid down pursuant to § 2 (2). 3 and substitute for loss of

earnings.



§ 4



(1) the entitlement to the allowance shall commence on the day following the date of

employment of an authorized person for the specified mining company.



(2) the entitlement to the allowance the person entitled to exercise within a period of 6 months

from the end of the employment relationship for the specified mining company. After the expiry of the

This period, the entitlement to the allowance shall cease to exist.



(3) an application for the post entitled person may submit on the form, a

a model is given in annex 2 to this regulation, by means of

the State enterprise, which is no. 1 in the annex to this regulation, provided

for the specified mining company, as the State Enterprise (hereinafter referred to as

"the State Enterprise").



(4) If a request for a contribution made by the competent

the State enterprise, the State Enterprise it within 10 days from the date of its

receipt of the Ministry with a recommendation to return passes or refusal

contribution.



(5) the Ministry of the request within 10 days from the date of receipt of the request and shall assess

shall decide on the granting or refusal of the post.



(6) the Ministry shall notify its decision, which the authorized person

the contribution of the competent prosecutor admitted the undertaking that within 10 days of

the date of notification of the decision shall inform the person concerned to begin

payment of the allowance. In a written notice of the initiation of the payment of the allowance

the amount of the contribution shall be a State enterprise, that will be a month

paid, the number of months that the contribution will be paid and the conditions

the demise of the entitlement to the allowance.



(7) the benefit shall be paid monthly in arrears starting from the month following

After a month in which the allowance was granted to the beneficiary.



(8) the allowance shall be paid through the competent State Enterprise

on the account of the beneficiary or in the form of a postal order to the address of its

of permanent residence.



§ 5



(1) the entitlement to the allowance shall cease if the person entitled



and) was conducted as a jobseeker in the records of applicants for

employment of retired from the register of job-seekers according to § 30 para. 1

(a). (b)), d) and (e)), or paragraph. 2 of the Employment Act ^ 4),



(b)) has entered into an employment relationship with legal entities engaged in the

the mining of hard coal



c) receiving old-age pensions,



d) was lawfully convicted for an intentional criminal offence,



e) joined to imprisonment or for the performance of the protective

the security of the detention measures,



(f)) was taken into custody and from its custody for 6 months have elapsed,

or



g) died.



(2) an authorized person shall submit to the competent State enterprise at the latest to the

the 20th day of each month a sworn statement that there have been

the facts leading to the demise of the contribution referred to in paragraph 1 (b). a) to (f)).



(3) in the case of the occurrence of the event referred to in paragraph 1 shall be entitled to

post expires on the first day of the month following the month in which the

such an event has occurred.



§ 6



(1) The State Enterprise shall draw up to the eighth day of each month overview

rights of the beneficiaries under this regulation for the previous month and


estimates of entitlements for the following month and submit it to the

the Ministry.



(2) on the basis of an overview of the rights of the beneficiaries referred to in paragraph 1

the Ministry within 15 days from the date of receipt of the report shall assess the

the level of financial resources from the State budget for the payment of

the post and send it to a special account of the relevant State-bound

the company from which the State Enterprise paid posts

eligible persons.



(3) The State enterprise records the status and movement of funds

held in a special account in accordance with paragraph 2-bound in their accounts

on a separate are expensed and after the expiry of each calendar

the quarter proves the correctness of the Ministry paid amounts from that

account in a manner that provides for the Ministry.



(4) in the event of unauthorized use or retention of national

the budget earmarked for the payment of the allowance to eligible persons shall be treated

under other legislation governing infringement of budgetary

discipline ^ 5).



§ 7



(1) mining company in which the restructuring is to occur, and

the decay of its activity, it shall notify the Ministry of at least 3 months before

the expected date of commencement of the reduction of the number of employees plan procedure

in reducing the number of employees.



(2) in a plan to reduce the number of employees specified mining

the company indicates:



and) number of employees whose employment is to be terminated as a result of

restructuring and the decline reasons of activity referred to in section 49 or section 52

(a). a) to (c)) of the labour code,



(b)) their employment termination dates,



(c)) the data on the average length of their employment to the specified mining

the company and the



d) their distribution by overriding nature of their work

activities for the specified mining companies on the



1. the employee with the dominant performance of work in the underground the underground mine and



2. an employee with the dominant performance of work outside of the underground the underground

mine.



§ 8



Transitional provisions



(1) mining company, which launched the restructuring and attenuation

activities before the date of entry into force of this regulation, in its plan

progress in reducing the number of employees shall be in addition to the fact

as defined in § 7 para. 2, list of staff, which in the context of

with the restructuring of its activities and the employment relationship has ended

under section 49 or section 52 (a). a) to (c)) of the labour code of 1. January 2016 to

the effective date of this regulation.



(2) the employee specified by the mining companies, whose employment with the

specified by the mining company lasted continuously for at least 2 years, and in

as a result of its restructuring and the decline of its business was, for reasons of

referred to in section 49 or section 52 (a). a) to (c)) of the labour code terminated in

period from 1. January 2016 to the date of entry into force of this regulation, the

to submit a request for a contribution to the 30. November 2016.



§ 9



Regulation (EEC)



Shall be deleted:



1. Government Regulation No. 287/2001 Coll., on the contribution related to the

restructuring and the decline of coal-mining.



2. Government Regulation No. 397/2004 Coll., amending Decree-Law No.

287/2001 Coll., on the contribution related to the restructuring and the downturn

Brown-coal mining.



§ 10



The effectiveness of the



This Regulation shall enter into force on 1 January 2000. June 2016.



Prime Minister:



Mgr. Sobotka in r.



Minister of industry and trade:



Ing. Mládek, CSc., r.



Č. 1



A list of designated mining companies and the relevant State-owned enterprises

Designed by a competent public mining company Enterprise

1. OKD, a.s. Diamo, State Enterprise



Č. 2



The request of the



for contribution to alleviating the social consequences associated with

the restructuring and activities of legal persons in the insolvency

engaged in the mining of hard coal

The APPLICANT



I---------------------------------------------------I-------------------------------------I

(I) first and last name and also

I---------------------------------------------------I-------------------------------------I

And date of birth and even

I---------------------------------------------------I-------------------------------------I

And Address of permanent residence and I

I---------------------------------------------------I-------------------------------------I



I am asking for contribution to alleviating the social consequences of restructuring

and the activities of legal persons in insolvency concerned with the extraction of černéhouhlí by

Government Regulation No. .../2016 Sb.



To my request, I would point out that:



I---------------------------------------------------I-------------------------------------I

And I am a občanemx) as well as the Czech Republic and

I I the Slovak Republic I

(I) the Republic of Poland and the

I---------------------------------------------------I-------------------------------------I

Even for the specified mining company I continuously and ... ... ... .... (I)

I worked in the period and To ... ... ... .... (I)

I---------------------------------------------------I-------------------------------------I

And employment with the specified mining company was YES NO I

I terminated the agreement on termination of employment (I)

(I) pursuant to section 49 of Act No. 262/2006 Coll., the labour code, and even

Even as amended, or by giving notice in accordance with (I)

I § 52 (a). ) to c) of Act No. 262/2006 Coll., I I

As well as the labour code, as amended, předpisux) I I

I---------------------------------------------------I-------------------------------------I

I am guided by the employment services in the Czech Republic as well as the YES NO I

Even a candidate for zaměstnáníx) I I

I---------------------------------------------------I-------------------------------------I

I am employed by other legal persons engaged in and YES NO I

Even with the black uhlíx) I I

I---------------------------------------------------I-------------------------------------I

I am employed by another zaměstnavatelex) YES NO I

I---------------------------------------------------I-------------------------------------I

I am a recipient of compensation for loss of earnings by both YES NO I

I § 271b Act No. 262/2006 Coll., the labour code, in the I I

Even as amended, předpisůx) I I

I---------------------------------------------------I-------------------------------------I

I am the beneficiary of an old-age důchodux) YES NO I

I---------------------------------------------------I-------------------------------------I

I am self činnoux) YES NO I

I---------------------------------------------------I-------------------------------------I

I am a recipient of the special contribution of the miners and YES NO I

And according to Act No. 98/1987 Coll., on special and I

And the miners, as amended and

I předpisůx) I I

I---------------------------------------------------I-------------------------------------I

_______________________________

x) Delete where appropriate



The applicant for the post confirms that in order to assess entitlement to the allowance shall be obliged to

in particular, to present the following documents:

-Proof of citizenship and age-identity card or travel document

-Proof of the termination of employment-Termination of employment according to the

section 52 (a). a) to (c)) of the labour code or agreement on termination of employment for a specified

mining company pursuant to section 49 of the labour code

-Proof of continuous duration of employment, on the course and length of employment-

Confirmation of employment upon termination of employment issued by the specified mining

companies in accordance with § 313 of the labour code, including the confirmation of the number of shifts worked by

in the underground and on the surface time worked in the professions

-Confirmation of the respective payer on the payment and the amount of the special allowance and horníkům1

on the payment of compensation for loss of výdělku2

-Any other



The applicant further acknowledges that the grounds for the duration of the provision of the contribution

It will be the twentieth day of each calendar month to prove

-Confirmation of the employment office about the time of keeping tabs of job seekers,

-The employer's Confirmation of employment,

-Confirmation of the District Social Security Administration (applies to self-employed persons

Active)

-A sworn declaration that:

-not as a job seeker in the registration of job seekers dropped

from the register of job-seekers according to § 30 para. 1 (b). (b)), d) and (e)), or paragraph. 2

Act No. 435/2004 Coll., on employment, as amended,

-He did not originate the employment relationship to the legal entity engaged in the mining of the černéhouhlí,

-started receiving a retirement pension, or

-has not been convicted for an intentional criminal act,

-has not been taken into custody, and if so, that from his custody has not passed 6 months.



The applicant declares that all the grounds for granting allowance stated truthfully and


completely, and that the papers are genuine. Being aware of all the consequences in the case of

false, misleading or incomplete information, or the documents submitted, the effect to be repaid

payment of the allowance, in particular, that the wrongly or in the wrong amount paid

posts, is obliged to return the date, from which a contribution or Hess from which

He belonged in a lower amount.



The applicant certifies that if the Ministry decides to return the contribution, has an obligation to

notify the competent Government undertaking all the factors which have an impact on the demise of

the claim. Unduly paid posts is committed to return.



The signature of the application in accordance with the law No. 101/2000 Coll., on the protection of personal data, as

amended, the applicant confirms that he agrees that the competent State podnikpro the purposes

the assessment of entitlement to the allowance to alleviate the social impact of related

with the restructuring and activities of designated mining companies and also for the purposes of

implementation of personal agenda, processing and payment of this post zpracovávalažadatelem

personal data, as well as the fact that he was providing the organization with appropriate informed

of their rights arising from the law on protection of personal data.



Delivery: ... ... ... ... ... ... ... ... the signature of the applicant:....................

_______________________________

1 apply to the beneficiaries of the special contribution of the miners under Act No. 98/1987 Coll.

the specific contribution of the miners, as amended.

2 Applies for those receiving compensation for loss of earnings under section 271b Act No. 262/2006 Coll.

the labour code, as amended.



1) section 2 of the Act No. 61/1988 Coll. on mining activities, explosives and

the State Mining Administration, as amended.



2) Act 98/1987 Coll., on the special contribution of the miners, as amended by

amended.



3) § 271b of the labour code, as amended.



4) Act 435/2004 Coll., on employment, as amended

regulations.



5) § 44 and 44a of the fiscal rules, as amended.

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