187/2006 Sb.
LAW
of 14 June. March 2006
on sickness insurance
Change: 585/2006 Sb.
Change: 181/2007 Sb.
Change: 261/2007 Coll.
Change: 239/2008 Coll., 305/2008 Coll., 2/2009 Sb.
Change: 41/2009 Sb.
Change: 158/2009 Sb.
Change: 303/2009 Sb.
Change: 302/2009 Sb.
Change: 306/2008 Coll., 479/2008 Coll., 362/2009 Sb.
Change: 166/2010 Sb.
Change: 227/2009 Sb.
Change: 157/2010 Sb.
Change: 347/2010 Sb.
Change: 73/2011 Sb.
Change: 180/2011 Sb.
Change: 263/2011 Sb.
Change: 341/2011 Coll., 364/2011 Coll., 365/2011 Coll., 470/2011 Sb.
Change: 1/2012 Sb.
Change: 375/2011 Coll., 410/2011 Sb.
Change: 169/2012 Sb.
Change: 167/2012 Sb.
Change: 470/2011 Coll. (part), 396/2012 Coll. 401/Sb.
Change: 303/2013 Coll. 344/13 Sb.
Change: 64/2014 Sb.
Change: 458/2011 Coll. 250/2014 Sb, Sb 267/2014.
Modified: 14/2015 Sb.
Change: 332/2014 Sb.
Change: 317/2015 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
INTRODUCTORY PROVISIONS
§ 1
The scope of the
(1) This Act regulates the sickness insurance (hereinafter referred to as "insurance")
in case of temporary incapacity, ordered by the quarantine,
pregnancy and maternity and nursing member of the household or care about him and
Organization and implementation of insurance. Implementation of insurance means also
health assessment for insurance purposes.
(2) insurance premiums on insurance regulates the special legal regulation ^ 1).
(3) this law shall apply to legal relationships that are not covered by
directly applicable European Community law in the field of
insurance ^ 2).
§ 2
Participation in insurance
Insurance of natural persons shall participate in the
and it is compulsory) if the persons referred to in section 5 (a). and)
(b)), in the case of a person referred to in section 5 (a). (b)) or the foreign
employee [§ 3 (b). q)].
§ 3
The definition of certain concepts
In this Act shall mean the
and the policyholder the natural person), which is the group insurance; for insured persons
a natural person shall after the demise of insurance if it passes
the withdrawal period (section 15), the right to benefit insurance (hereinafter referred to as
"the levy") or a dose of receiving,
(b)) the employer legal person or natural person that
employ at least one employee, organizational component of the State in
which staff employed or engaged on the basis of the
the agreement on the work activities or the agreement on the implementation of the work, the staff
the Office, which is a State employee for the performance of the State's services included,
prison and remand prison ("prison"), which carries the penalty of
the deprivation of liberty of the person qualified to work, the Constitution for the exercise of
security detention, in which performs security detention the person
included in the work, and departments, folders, or other organizational part
security forces or the armed forces of the Czech Republic, which
paid members of Security Corps ^ 3) business income or
the soldiers of the occupation ^ 4) staff salary, where applicable, organizational folder State
or legal persons, in which they are to carry out official tasks posted
members of the security forces or the included soldiers from the profession, (hereinafter
"the business"),
(c)) established the employer
1. in the case of a legal person, its registered office or the seat of its organizational folder
that is registered in the commercial register or in another law
the specified index or other statutory register; the seat of the
organizational folder means the address of the location,
2. in the case of natural persons, the place of permanent residence, and ^ 5) in the case of foreigners,
instead of the reported residence ^ 6) in the Czech Republic; for the person who has reported
or permanent residence in the Czech Republic, a place of its business in the territory of
The Czech Republic and in the event that such person in the territory of the Czech Republic
It is, however, for his need for staff employed, place of performance
the work of these employees,
3. for the organizational components of the State and of the staff of the Office of their headquarters as set out
a special legal regulation, or statute, or similar
Regulation,
(d) the employer's Payroll Department), in which it is registered
wages or salaries of the staff; If the employer State, means
Payroll Department relevant organizational folder State in which it is
registered salaries,
e) započitatelným tv income, which according to a special legal
Regulation ^ 1) includes in the assessment base for insurance on the income
insurance,
(f)) of pensionable income achieved income of zúčtovaný employees in the
calendar month,
(g) employment activities for employees) the employer, from which he
arise or could accrue from employer income from dependent
activities that are or would be, if subject to taxation in the Czech
Republic, subject to income tax under the law governing the
income taxes and are not exempt from this tax,
h) self-employed natural person treated per person
self-employed for the purposes of pension insurance under the
special legal regulation ^ 7),
I) self-employment activity is considered a separate
gainful employment for the purposes of pension insurance under the Special
law, including cooperation in the performance of a separate
self-employment ^ 8),
(j) the activities carried out by the employment of the insured) under the terms of the founding
participation in insurance, self-employment, if the person
self-employed on the basis of the performance of this activity took
participation in the insurance scheme, and the employment of foreign workers, if the
signed up to participate in insurance,
to support time) time that has to be paid under this Act,
levy,
l) social event, with which this Act links the entitlement to benefit,
the emergence of temporary incapacity, the quarantine regulation ^ 9), the emergence of
the needs of the treatment or care of a household member, the onset of the financial
assistance in maternity and move the worker concerned to another job, the State
the worker concerned to another duty station or to the provisions concerned to
other business place,
m) the birth of such a termination of pregnancy, which is in the registry office
the birth of registered child birth,
n) should an employee employees who do not work in the workplace
employers, but according to the agreed conditions, carry out the agreed
work at home or in another place and time, yourself
rozvrhují,
a Contracting employee employer employee), whose registered office is at
the territory of the State, with which the Czech Republic has concluded an international treaty on
social security (the "foreign employer"), if the
active in the Czech Republic for the contractual employer
p) a Contracting employer legal or natural person, who is in
the meaning of subparagraph (c)) on the territory of the Czech Republic and which are in the Czech
Republic involved the employees of foreign employers thought in
The Czech Republic, for contract staff, pursuant to the contract concluded with the
a foreign employer are earnings of workers paid
contract by the employer or the employer are contractual uhrazovány
a foreign employer
q) foreign employee the employee of a foreign employer
If it is active in the Czech Republic in favor of a foreign employer
r) State, with which the Czech Republic has concluded an international treaty on
social security, outside these States whether or not the Member States of the European
of the Union,
with) Member State of the European Union also State which is not a member of the European
the Union, however, applies the provisions of the European Union on the coordination of
social security ^ 10),
t) International Treaty on social security of the social contract
security, which contains provisions on the application of the legislation
When a professional or trade activity in the territory of the other Contracting State,
u)
was not true
,
in the community of natural persons) households that live together permanently and
together to be reimbursed the cost of their needs,
w) work, work work, or similar activity, function, or service,
x) time period from the beginning of the job performance of the activities of the employee for
employer to the end of the period in which this action should or could be
exercised.
§ 4
Types of benefits
From insurance to provide these benefits:
and sickness)
(b) maternity benefit),
(c)), ošetřovné
(d)) the compensatory allowance in pregnancy and maternity.
PART THE SECOND
PARTICIPATION IN INSURANCE
TITLE I OF THE
THE CIRCLE OF INSURED PERSONS
§ 5
Insurance are in compliance with the conditions laid down in this Act involved:
and governing) employees for the purposes of this Act, means the
1. the staff in the employment relationship,
2. members of the Police of the Czech Republic, fire brigade
The Czech Republic, the customs administration of the Czech Republic, the prison service of the Czech
of the Republic, general inspection of safety councils, Safety
information service and the Office for foreign relations and information ^ 3) and soldiers
occupational ^ 4) (hereinafter referred to as "members"),
3. State employees under the law on civil service,
4. the members of the cooperative, if outside the employment relationship for the exercise
team work,
5. the staff employed on the basis of the agreement on work activities and
the staff employed on the basis of the agreement on the implementation of the work,
6. personnel in the working relationship of the closed foreign legal
regulations,
7. the judges, the
8. the members of the Councils of territorial self-governing units and councils
urban areas or districts, broken down territorial statutory
cities and the capital city of Prague, who are for the performance of functions in the long term
loose or who before electing a member of the City Council were
in the employment relationship, but they perform a function in the same range as
the long-term release of the members of the Council,
9. the members of the Chamber of Deputies and Senators of the Senate of the Czech Parliament
of the Republic,
10. members of the Government, the President, Vice-President and members of the Supreme
the inspection authority, the members of the Council for radio and television broadcasting,
the President of the Energy Regulatory Office, the members of the Council of the Institute for
study of totalitarian regimes, members of the Council of the Czech telecommunications
the Office, the financial arbiter, a representative of the financial arbiter, the public protector
rights and the representative of the Ombudsman,
11. natural persons that are designated by a special Act or
elected to the position of the head of the administrative office or to the functions of the statutory
body of a legal person established by a special law ^ 12), or
a shortcut to this feature of the head or a statutory body, if it is
This Manager or statutory body of only one person, and
appointment or choice of these persons did not create the work or business
ratio, and natural persons under the Special Act shall exercise
public function outside of work or service, if their
working relationship within the range covered by the labour code and are not
listed in points 7 to 10 and 18,
12. voluntary workers nursing services,
13. the person caring for the child and the persons entered in the register of persons
that can perform foster care on a temporary basis, if these
persons paid the remuneration of foster father, under the law on social and legal protection
children ^ 13) (hereinafter referred to as "the person and the person in care record"),
14. the condemnation in the imprisonment of the inclusion in the work and the person
in the performance of security detention included in the work,
15. persons employed in proportion to the content of the work, but
employment does not arise, since the conditions laid down have not been met
employment legislation for its creation,
16. partners and executives of companies with limited liability, and
partners limited partnership, if outside the employment relationship
exercise for her work, and the directors of the company, general interest
If outside the employment relationship shall perform for her work,
17. prokuristé,
18. the members of the collective bodies of a legal person, who is not named in the
points 1 to 10, 20 and 21,
19. the liquidators,
20. the head of the organizational components of the legal person referred to in section 167c,
whose place of work is permanently in the Czech Republic,
21. the person responsible for the commercial direction, under a contract of representation,
22. natural persons other than those mentioned in points 1 to 9, with the exception of the members of the
Councils of territorial self-governing units and councils in urban
parts or broken down territorial districts and cities
the capital city of Prague, who are not for the performance of the functions of the long-term proceeds
or who do not function in the same range as for the long term
the release of the members of the Council,
at the time of employment, if they arise in the context of employment or
could accrue income from dependent activities that are, or have been,
If you would be subject to taxation in the Czech Republic, subject to income tax
under special legislation ^ 75) and not from the tax
exempt,
b) self-employed persons.
TITLE II
EMPLOYEE PARTICIPATION IN INSURANCE
§ 6
Conditions for the participation of employees in the insurance
(1) employees shall be insured, if
and carrying out of employment)
1. on the territory of the Czech Republic; for employment on the territory of the Czech
the Republic of the transient performance of work outside the territory of the Czech
of the Republic, is a place of work permanently in the Czech Republic, or
2. abroad for an employer with a registered office in the territory of the Czech Republic,
If the place of work is permanently in a foreign country and are not compulsorily partakers
pension insurance under the laws of the State in which the permanent exercise
employment, and have permanent residence in the territory of the Czech Republic or other
the Member State of the European Union, and
(b) the amount of the prescribed reckonable income) agreed to this job for
calendar month shall be at least the amount they decide to participate in the insurance
(hereinafter referred to as "the decisive income").
(2) the decisive income amounts to 2 500 Czk. The amount of the applicable income will increase from
1 January of the calendar year, if one-tenth of the product of the General
the assessment base provided for by the Act on pension insurance,
which of the two years preceding the calendar year, and the rate
the coefficient provided for under the law on pension insurance for the adjustment
This general assessment base will be after rounding on the whole
pětisetkorunu down higher than hitherto valid amount applicable
income; the decisive income shall be at the rate of one-tenth of this after this
rounding. The amount of the applicable income provided for in accordance with the second sentence of the
announces the Ministry of labour and Social Affairs in the collection of laws
communication.
(3) the Foreign employee is involved in insurance, if it is in accordance with the law
on pension insurance voluntarily participate in the pension insurance as
an employee of a foreign employer ^ 73) and on the prescribed form
signed up for insurance.
(4) the provisions of paragraphs 1 to 3 shall not apply to employees employed on the
the basis of the agreement on the implementation of the work.
section 7 of the
Insurance for small business
(1) the Employment of a minor nature, means of employment, in which it is
the condition referred to in section 6 (1). 1 (a). (b)), since the agreed amount
the prescribed reckonable income from this employment is lower than the decisive income
or pensionable income was not effected at all.
(2) in the performance of small scale business is insured only in the
the calendar months for the duration of such employment, in which the
reached the prescribed reckonable income amount from this job, at least in the amount of
the applicable income.
(3) the Pensionable income of zúčtovaný by the employer after the end of the period
the employment of small scale shall be deemed for the purposes of insurance income
zúčtovaný in the calendar month in which the period of employment is over.
(4) employees shall be insurance if the employee also performed
in the calendar month of employment for the same employer more small
the range and the total pensionable earnings of those employed in
at least the amount of the applicable calendar month; the employees are
be insured for a maximum duration of such work in this
calendar month. For the same employer are also considered
the legal successor of the employer.
Section 7a
Insurance of employees operating on the basis of the agreement on the implementation of the work
(1) the staff employed on the basis of the agreement on the implementation of the work are partakers of
insurance, if they satisfy the condition set out in section 6 (1). 1 (a). and) and
they were recorded in the amount of pensionable income of greater than $ 10,000.
(2) staff employed on the basis of the agreement on the implementation of the work are partakers of
insurance only in the calendar months after the duration of this agreement,
to which they have been posted by the employer of pensionable income from the agreement
on the implementation of the work referred to in paragraph 1; the provisions of section 7 (1). 3
applies here mutatis mutandis.
(3) the active Employee on the basis of the agreement on the implementation of the work is involved
insurance also, if performed in a calendar month for the same
the employer more agreements on the implementation of the work and the aggregate of the pensionable service
the income from these agreements referred to in paragraph 2 in the calendar month
at least the amount referred to in paragraph 1; the employee is involved in insurance
maximum period of duration of such employment in that calendar month.
For the same employer are also considered the legal successor
of the employer.
§ 8
Overlapping of insurance from more employment
If the employee performs more jobs, each of which is based on attending
insurance is insured from each of these jobs. However, if the
a companion company with limited liability company at the same time the Manager of the same
company with limited liability is insured only from these activities
once. If the Member of a territorial self-governing unit,
the Municipal Council of the city or borough planning structured
statutory towns or the capital city of Prague more features for
the same territorial self-governing unit, for which it is paid, is one of them
insured only once; This applies mutatis mutandis to a person who is a member of the more
the collective bodies of territorial self-government or bodies established
its authorities.
§ 9
The exclusion of employees of the insurance
(1) of the insurance are exempt employees carrying out the jobs in the Czech
Republic for
and employers, who enjoys) diplomatic privileges and immunities, if
are partakers of insurance in any other State,
(b)), if they are an international organization be insured through
This international organization and declare in writing to the authority by the sickness
insurance, that they want to be for this reason be exempt from insurance in the Czech
the Republic; This statement serves employees of the authority, sickness
insurance through an international organisation, for which they perform
employment.
(2) are excluded from the insurance of persons who are not citizens of the Czech
Republic or the citizens of the European Union and are employed in the Czech Republic
without a valid permission to stay on the territory of the Czech Republic in another
^ Law 6).
§ 10
Commencement and termination of employees.
(1) the insurance commences on the day on which the employee started to perform the job
for employers, and expires on the date the end of the period of employment, if the
otherwise in paragraphs 2 and 3.
(2) the staff in the employment relationship for the day in which this
the employee started to perform the work, it is considered also the day before the date of commencement
the performance of the work, for which the refund was wages or salary or for which
the wage or salary nekrátí.
(3) the insurance commences at the
and contract staff) on the date on which he began work for the
the contractual employer, and expires on the date of termination of employment for
the contractual employer
(b)) judge on the date of taking up their duties and terminates on the date of termination of the performance function
the judge,
(c)) the members of the Councils of territorial self-governing units and councils
urban areas or districts, broken down territorial statutory
cities, towns and the city of Prague on the day from which belongs to the reward for performance
function, and expires on the date of termination of this feature or the demise of the mandate of a Member
Councillor; where the current mayor, Deputy Mayor, Mayor,
the Deputy Mayor or Council member of a territorial self-governing unit, urban
part of the borough or chartered city or
the capital city of Prague after the powers entrusted to the electoral period to
the election of a new mayor, Vice Mayor, Mayor, Deputy Mayor
or the Council of territorial self-governing unit, city or town
the perimeter of the Chartered city or capital city of Prague and
He is paid remuneration for the performance of functions, takes his participation in insurance
for a period, after which he belongs this reward; It shall apply mutatis mutandis for the
Governor of the region, the Deputy Governor of the region, the Mayor of Prague
and the Deputy Mayor of Prague,
(d) a member of the Chamber of Deputies) and Senator of the Senate of the Czech Parliament
Republic on the date of election and terminates on the date of dissolution of the mandate,
(e)) of the person looking after the person in the register the date and from which belongs to reward
legal guardian in accordance with the law on social and legal protection of children ^ 13), and ceases to exist
the date from which this remuneration does not belong for reasons other than temporary
incapacity or ordered by the quarantine,
(f) the date of inclusion in the prisoner) work and terminates on the date of performance
the work,
(g)) the shareholder of the company with a limited liability company and limited partnership under
the company, if outside the employment relationship carries on her work,
on the day, in which he began to work for the company, to take place and shall cease on the date of
their performance of this work,
(h) the person responsible for the commercial direction) on the basis of contractual representation
the date referred to in the mandate to the commercial management and terminates on the date cancellation
This credential,
I) a liquidator appointment and terminates on the date of termination of the functions.
(4) if the amount of the prescribed reckonable income stops agreed to achieve the
the applicable income due to
and changes the amount of the prescribed reckonable) income shall cease participation
employees on the insurance on the date preceding the date on which this
the change has occurred,
(b) the increase of the applicable income), pursuant to section 6 (1). 2 the second sentence, shall cease participation
the employee's insurance under section 6 on the day preceding the date from which the
This increase has occurred.
(5) if the employment of a small range of the negotiation
the prescribed reckonable income in the amount of at least the applicable income or
the agreed capital income will be at least this amount raised
insurance arises from the date from which such income was of pensionable
the amount agreed or raised.
(6) where a staff member has concluded after the termination of service for additional work
the ratio for the same employer, so that both the working conditions on the side
immediately follow, the demise of insurance due to the end of the
previous employment, if the next employment relationship are
conditions of participation in the insurance; in this case, it is considered that the
insurance lasts without interruption. The provisions of the first sentence shall apply mutatis mutandis for the
other insured persons, if their employment is employment
of the same kind as the previous job. The provisions of the first and second sentences
However, it does not apply if at least one of the small business jobs
the range or the agreement for the implementation of the work.
(7) an employee employed by the employer's Insurance is based on the
the territory of the Czech Republic, whose place of work is permanently abroad, and
who has a permanent residence in the territory of the Czech Republic or another Member
State of the European Union, the date of commencement of employment abroad in
the case of the employer the employee submits that this
the employee is deemed compulsory pension insurance abroad.
Was the employee insurance according to the first sentence, the insurance expires
on the day following the date on which it was demonstrated that the employee is
compulsory pension insurance in the State involved, which is permanently
the place of performance of the work.
(8) the insurance of a foreign employee arises on the day stated in the
application to participate in the insurance scheme, however, as soon as possible on the day, in which the
the application for insurance is made, and expires on the date of termination of voluntary participation
to the pension insurance or on the date of the end of the period of employment in the territory of
The Czech Republic, or the first day of the calendar month, in which it was not
within the time limit or the amount of under a special legal regulation ^ 1)
paid insurance premiums or the date referred to in odhlášce of the insurance, but not
before the date on which this odhláška is made.
(9) If, at the time of duration of the insurance will employee performance penalty
deprivation of liberty or security detention, former insurance day
the advent of imprisonment or detention of security lapses
and again arises on the date of entry into employment after the end of the sentence
deprivation of liberty or security detention.
TITLE III
THE PARTICIPATION OF SELF-EMPLOYED PERSONS IN THE INSURANCE
§ 11
Conditions for the participation of self-employed persons in the insurance
A self-employed person is committing insurance if
and) exercises the self-employed activity in the territory of the Czech Republic
or outside the territory of the Czech Republic, but on the basis of permission
arising from the legislation of the Czech Republic, and
(b)) application to participate in the insurance on a prescribed form.
§ 12
Insurance in the performance of several self-employed activities
If the self-employed person carries out a few parallel
self-employed activity is insured only once.
section 13
Commencement and termination of insurance of self-employed persons
(1) the insurance commences self-employed person on the date on which
stated in the application to participate in the insurance scheme, however, the first day in which
the application was filed.
(2) a self-employed person shall lapse of insurance
and) date referred to in odhlášce of the insurance, but not earlier than the date in the
where was this odhláška is made,
(b)) date of self-employment,
(c) the date of the permission to carry out extinction) are self-employed,
(d)), the date on which it was suspended, the performance of the self-employed
activities,
(e)) the first day of the calendar month for which was not within the prescribed period
under a special legal regulation ^ 1) paid the insurance, or
It was paid in this period but in a lower amount than it should be
paid, or
(f) date of onset) imprisonment or security
detention.
PART THE THIRD
BENEFITS
TITLE I OF THE
GENERAL CONDITIONS FOR ENTITLEMENT TO BENEFITS AND THE PAYMENT OF
§ 14
(1) the right to benefit is acquired, if the conditions for entitlement to benefit
they were met at the time of the insurance.
(2) in the case of overlapping of insurance, the conditions for entitlement to benefit
be assessed in each insurance separately. If the claim is for the same batch, with
the exception of compensatory allowances in pregnancy and motherhood, at the same time from the
more insurance, belong to the levy of all insurance just once.
§ 15
(1) Sickness belongs also, if the creation of temporary work
Insolvency (§ 57) or to the quarantine Regulation (§ 105) has occurred after the demise
insurance in the withdrawal period. The withdrawal period is 7 calendar days from the
the date of demise of insurance; However, if the insurance it took less time, make
the withdrawal period only so many days, how many days it took the insurance.
(2) maternity benefit belong also, if, after the demise of the insurance
an Ascension to the maternity (art. 34 (1)) in
withdrawal period. The withdrawal period for women whose insurance died in
during pregnancy, 180 calendar days from the date of dissolution of insurance;
the provisions of paragraph 1, the second part of the sentence for a semicolon applies here mutatis mutandis.
If a woman in a protective period referred to in the second sentence, the insurance again,
the withdrawal period for this new insurance coverage is not running and the rest
the withdrawal period of a previous insurance is added to the trade deadline
obtained on the basis of this new insurance, up to a total
the acreage of 180 calendar days. Unless otherwise provided in the withdrawal period referred to in sentence
Second, the withdrawal period shall be 7 calendar days from the date of dissolution of insurance;
the provisions of paragraph 1, the second part of the sentence for a semicolon applies here mutatis mutandis.
(3) the withdrawal period stems only from the insured, independently of the
each insured activities.
(4) the withdrawal period does not imply
and the beneficiaries of the insured) the activities of the old-age pension or invalidity
income for third-degree invalidity,
(b)), from another job agreed to leave in another
employment,
(c)) of small scale,
(d)), which arranged a beneficiary who is a pupil of ^ 15) or
Student ^ 16) if the period of employment falls exclusively to the period of school
vacations or holidays,
e) in the event that the insurance of the convicted person or the person in the performance of
security detention will end at the time of their escape from the place of punishment
deprivation of liberty or detention, security
(f)) of the employment of the employee working on the basis of the agreement on the implementation of the
the work.
(5) the withdrawal period shall expire
and the emergence of new insurance); the emergence of personal insurance separately
self-employed withdrawal period of employment shall not cease, if the entitlement to
sickness and maternity insurance of persons varies
the self-employed and the withdrawal period already did not pass before, with the
the fact that the provisions of the third sentence of paragraph 2 does not apply here,
(b)) on the last day prior to the date on which the payment of retirement or belongs
invalidity pension; This, however, does not apply in the case of entitlement to payment of the
disability pension for disability of the first or second degree, if
the right to maternity,
(c)) on the last day before the date of accession of imprisonment
or security detention,
(d)) on the last day before the day of the escape of a prisoner or a person in the performance of
the security of the detention places of imprisonment or
security detention.
section 16 of the
The beneficiary is not entitled to payment of the sickness, financial assistance in the
maternity and ošetřovného for the time after which the
and carries out activities in the insured), from which these benefits are due,
or personally performs a self-employed activity
(b)) it under special legislation ^ 17) from employment, from
which these benefits are due, to continue, with the exception of pensionable income
staff housing allowance provided by law for soldiers
profession ^ 17a)
(c)) is in custody, with respect to benefits to which the entitlement prior to the withdrawal of the
the links,
(d)) carries a sentence of imprisonment or detention, if the
the benefits to which entitlement prior to the onset of imprisonment
or security detention; This, however, does not apply in the case of financial assistance in the
motherhood, if the woman in the imprisonment or
security detention takes care of baby ^ 18).
§ 17
(1) benefits are due for calendar days. The amount of benefits per calendar day
rounded up to whole Crown.
(2) If an employee per calendar day in which the entitlement to benefit
or in which entitlement to the benefit, entitlement has lapsed on the pensionable income for the
part of working time, it belongs to him, for the calendar day dose proportionally,
to be determined as a proportion of the load on the part of the working time, for
He is not part of pensionable income.
(3) the provisions of paragraph 2 shall apply mutatis mutandis in the case of the day, which was established
temporary incapacity, which is considered as the continuation of the
the previous temporary incapacity (article 55, paragraph 4), and section 57 paragraph. 6
and also for the purposes of ošetřovného the date on which the employee performed work just
After part of the day because of the treatment the person was taken to the
bed care medical facility or released from this device.
(4) calendar days referred to in paragraphs 2 and 3 shall be included in
support time.
TITLE II
THE DAILY ASSESSMENT BASE
section 18
(1) the daily assessment base shall be determined so that the basis of assessment
observed from the vesting period divided by the number of calendar days
the vesting period, if further provide otherwise;
If they are in the relevant period excluded days (paragraph 7), reduces them
the number of calendar days per the vesting period. Daily
the assessment base is rounded to the nearest 2 valid decimal
space.
(2) Vyměřovacím the basis of the employee is the sum of the bases for
pension insurance premiums for each calendar month in
the relevant period. Vyměřovacím the basis of self-employed persons
is the sum of the monthly basics in the relevant period, of which this person
paid insurance premiums. To the sum of the bases for
insurance on pension insurance referred to in the first sentence shall include those
the assessment bases, one of which was conveyed by the premium due
exceeded the maximum assessment base ^ 18a); the total monthly
According to the sentence of the other bases to include only those monthly
assessment basics, from which it was taken the insurance in accordance with the
special legal regulation ^ 1).
(3) the applicable period is the period of 12 calendar months before the calendar
a month ago, which was a social event, if further provides
otherwise.
(4) If a social event for employees was established in the period when from
the emergence of employee insurance by the end of the calendar month
precedes the calendar month in which the social event was established,
12 calendar months passed, the applicable period of the
the emergence of employee insurance by the end of the calendar month
precedes the calendar month in which the social event.
(5) If a social event for employees was established in the calendar
the month in which the employee's insurance was founded, the applicable period
the period since the inception of insurance employees by the end of the calendar
months and if the job did not last to the end of the calendar month,
to the date on which the period of employment is over.
(6) If an employee does not have the relevant period as provided for in paragraph 3 of
the assessment base or if it is not in the relevant period at least 7
calendar days, which is divided, the applicable assessment base period
the first of the previous calendar year in which it reached the pensionable income
and it is at least 30 calendar days, which divided the assessment
basis. The applicable period referred to in the first sentence begins with the first date of
insurance for the employee. The first of the previous calendar year is determined
gradually, from the year in which was established the social event.
(7) days are Excluded
and the leaves of absence) calendar days the employee at work or in the
the service for which the employee does not belong to a replacement income or for which the
business income was not provided, or the staff salary, with the exception of
calendar days of temporary incapacity, for which employees
had not become entitled to sickness from the reasons mentioned in section 25 (a). and (c))), and
calendar days of temporary incapacity after their support
the period referred to in section 28, paragraph. 4,
(b) calendar days) temporary incapacity or quarantine, in which
belongs to the staff of the replacement wages, salary or remuneration in the period of the first 14
calendar days of temporary incapacity (quarantine) or reduced
salary (reduced monthly reward) in the first period of 14 calendar days
temporary incapacity (quarantine) ^ 19); in the period from 1. January
2012 to 31. December 2013 with these excluded days means the period
the first 21 calendar days of temporary incapacity or
the quarantine,
c) calendar days, for which employees paid sick leave,
maternity benefit or ošetřovné,
d) calendar days per calendar month for which the person
self-employed under a special legal regulation ^ 1)
not paying the premiums on insurance
e) calendar days per calendar month in which the person
self-employed not committing insurance.
§ 19
(1) for the purposes of section 18, paragraph. 4 to 6, for the creation of insurance shall be deemed to
and) for the employee who is insured in the employment of small
the scope (§ 7 (2)) or employment on the basis of the agreement on the implementation of the
work (Section 7a (2)), the advent of this employee in the employment, even
When the employment insurance nezaložilo participation in the calendar month, in
which employee to employment,
(b)) for employees released from imprisonment or
security detention re-entry into employment, employees that
It took after a period of imprisonment or detention of security.
(2) in the case of the policyholder specified in § 32 paragraph. 1 (a). (d)) and e) are applicable
the period determined by the date of first removal of a child into care; This also applies in the
When the beneficiary has taken over to the care of the same child repeatedly.
(3) for workers in the same job for the duration of the entitlement to
more maternity from this job in the period up to 4 years
the age of the previous child, for a daily assessment base is considered a daily
basis of assessment for calculating the detected previous financial assistance in
motherhood, if it is higher than the daily assessment base detected for
the calculation of the additional maternity; While comparing the daily
the basics of assessment before their modification according to § 21.
(4) the vesting period for ošetřovné is for the insured person, who took over the
care (care) according to § 39, paragraph. 4 second sentence of another
authorized, to the date of taking care (care).
(5) for workers transferred to other work or other business
place due to pregnancy, maternity or breastfeeding, the vesting period
checks instead of to date at the date of transfer of social events,
If it is more convenient for her.
(6) If, at the relevant period provided for under section 18, paragraph. 4 and 5 does not
employee assessment base or if it is not in this decisive period
at least 7 calendar days, which divides the basis of assessment, shall be deemed to
the daily assessment base one thirtieth of the prescribed reckonable income
which the staff member would probably reached in the calendar month, in
There's a social event. With respect to the employment of small scale or
for employment on the basis of the agreement on the implementation of the work, shall be considered in this
the case for the daily assessment base the assessment base one thirtieth
the employee achieved in the calendar month, in which was established the social
event.
(7) if the applicable period determined in accordance with section 18, paragraph. 6 therefore, that
You cannot specify the first of the previous calendar year with the vyměřovacím Foundation and the
at least 30 calendar days, which divides the basis of assessment, shall be deemed to
the daily assessment base one thirtieth of the prescribed reckonable income
which the staff member would probably reached in the calendar month, in
There's a social event. The provisions of paragraph 6, second sentence
Here, mutatis mutandis.
(8) for the basis of assessment of the employee shall be considered as also the income that is
under special legislation to include ^ 20) assessment base
for the pension insurance and premiums that have been achieved in the performance
the employment of small scale or on the basis of the agreement on the implementation of work in the
the calendar months the vesting period in which the employee was not
in the performance of this job will be insured; to the number of calendar days
the vesting period are counted and calendar
the days on the calendar months.
(9) if the applicable period provided for under section 18, paragraph. 3 does not have
self-employed no monthly basis, it is considered
daily daily assessment base the assessment base is detected for calculation
the previous benefits from insurance to self-employed persons.
(10) If a social event in the protective period, proceed to
determine the vesting period as a social event was the day,
that immediately following the date on which the insurance ended.
(11) daily basis for calculation of the sickness of the person
care or a person in the register is one thirtieth of the amount of the remuneration
belonging to the person or the person in care the last time for the calendar
the month preceding the month in which her temporary incapacity
originated. Nenáležela-if the person or the person in care register reward for
None of the calendar months before the month in which it was temporary
incapacity, is the basis for the calculation of the daily
sickness one thirtieth of the amount of the remuneration which she belonged for
the calendar month in which her temporary incapacity originated. Daily
basis for the calculation of the sickness in the quarantine imposed by
special legislation and other benefits for the calculation of sickness
insurance for persons caring or a person in the register provides similarly.
(12) the daily assessment base of foreign employees shall be
in a similar manner, as shall be the daily assessment base for persons
the self-employed.
(13) if the competent sickness insurance institution to determine
the basics of employee assessment for individual calendar months
the vesting period, the basis of assessment shall be considered employees for
a single calendar month minimum wage valid for the calendar month;
This does not apply for the employment of small scale.
section 20
(1) if in the case of overlapping of multiple insurance with policyholders, which
complies with the conditions for entitlement to the payment of the same, with the exception of the countervailing benefits
contribution in pregnancy and motherhood, from multiple insurance (section 14 (2)
the second sentence), the entitlement to payment of the levy
and) from the same date, the first daily assessment base of each
the activities of which the insured, beneficiary, filed a claim for the payment of the levies,
in accordance with section 18 and 19 and for the daily assessment base for the determination of benefits,
considers the sum of these daily bases
(b)), from different days, the date from which the entitlement to the payment of
the benefits from the additional insured activity, daily assessment base,
this basis is considered to be the sum of the daily assessment base before
adjustment under section 21, which was used for the calculation of payable benefits, and
the daily assessment base provided for under section 18 and 19 of the next
insured activities, in which the entitlement to the payment of benefits.
(2) if the fixed daily assessment basis in the case of more temporary
the work referred to in paragraph 1 and the inability to stop these
the failure occurs gradually, the daily assessment base for
the calculation of the sickness always again so that the daily assessment
the base provided for in paragraph 1 shall be deducted daily assessment base
determined from the activities to which the insured was the temporary work
inability to close. The provisions of the first sentence shall apply mutatis mutandis to
the case of entitlement to more cash by maternity benefits.
(3) if there is no risk of social events on overlapping protection limits
or at the time of the withdrawal period and overlapping of insurance proceeds by analogy
referred to in paragraphs 1 and 2.
section 21
(1) Daily basis of assessment provided for under section 18 to 20 shall be adjusted for the
the calculation of the
and the sickness and ošetřovného), so that the amount of the reduction to the first border
the calculated 90% of the amount over and above the first reduction threshold to another reduction
border counts 60%, of the amount over and above the second reduction to the third
reducing boundary counts for 30% of the amount above the third and reducing border
shall be disregarded,
b) maternity and the compensatory allowance in pregnancy
and motherhood so that the reduction in the amounts of the first border counts 100%, of the
amount over and above the first reduction threshold to another reducing border counts
60% of the amount over and above the second reduction to the third borders reducer
counts for 30% of the amount above the third and reducing the border shall be disregarded.
(2) the amount of the daily assessment base calculated in accordance with paragraph 1 in the
the bands in the first reduction threshold above the first reduction threshold for the second
the reduction of the border and over the border into the second third reduction reduction
boundaries shall be rounded off to the nearest 2 decimal places is valid.
(3) Daily assessment basis determined in accordance with paragraphs 1 and 2 shall
rounded up to whole Crown.
(4) For the calculation of benefits is used daily assessment basis determined
in accordance with paragraphs 1 to 3.
§ 21a
cancelled
section 22
(1) in the calendar year shall be
and reducing the boundaries of one) the first product of the General třicetinu
the assessment base provided for by the Act on pension insurance for
the calendar year that the two years preceding the calendar year for which the
the amount of the reduction of the border provides, and the conversion rate
provided for under the law on pension insurance for this
general assessment base,
(b)) the second reduction limits 1 to 1.5 times the amount of the reduction, the first frontier
(c)) the third reduction border blind amounts first reducing the border;
the amount of the reduction of the border are rounded to whole Crown upwards,
and all this after the calculation of the reduction of the border referred to in points) to (c)).
(2) the amount of benefits to which the entitlement from 1. 1 January of the calendar year
and this entitlement lasts even to this day, shall be adjusted without a request from the
the date of the new above the daily assessment base established in accordance with
reducing amounts applicable from 1. border January of the calendar year.
(3) the amount of the reduction of the border in force from 1 January. January of the calendar year
announces the Ministry of labour and Social Affairs in the collection of laws
communication.
TITLE III
SICK-LIST
Part 1
The conditions for entitlement to sickness
section 23
The beneficiary has the right to sick leave, which has been recognised to temporarily work
invalid or which it has ordered quarantine under the Special
^ law 21), if the temporary incapacity or
ordered the quarantine of more than 14 calendar days, and for the period from 1. January
2012 to 31. December 2013 longer than 21 calendar days.
section 24
A condition of entitlement to sickness of the insured activity, which is
self-employment is also participation in insurance as a person
self-employed according to § 11 for at least 3 months
immediately preceding the date of the formation of temporary incapacity
or the date on which you ordered the quarantine. The provisions of the first sentence applies
appropriately for the foreign employee.
§ 25
The beneficiary is not entitled to sickness,
and that's intentionally induced) temporary incapacity,
(b)) which at the time of temporary incapacity or ordered by quarantine
entitlement to payment of the retirement pension if the insured activity
before the day was over, from which his entitlement to the payment of old-age
retired; entitled to sick leave in this case expires on the last day
before the date, from which he was entitled to payment of the retirement pension,
(c)) for which the temporary incapacity arose or was ordered
the quarantine at the time of the escape from the place of detention or at the time of the escape of a prisoner from the
the place of imprisonment or escape of the person in the performance of
the security of the detention place of security detention.
Part 2
Support time for sickness
section 26
(1) Support for the duration of the sickness starts with 15. calendar day duration
temporary incapacity or 15. calendar day ordered
quarantine and ending on the date, which ends temporary incapacity or
ordered by the quarantine, if entitled to sickness lasts to this day;
However, it takes the longest time to support 380 calendar days from the date of
temporary incapacity or quarantine regulation, if further
provides otherwise. In the period from 1. January 2012 to 31. December 2013
support period begins March 22. calendar day the duration of temporary work
the inability, or 22. the calendar on the date ordered by the quarantine.
(2) where a claim for sick leave due to temporary work
insolvency, does the support period referred to in paragraph 1
the period of temporary inability of the previous work, if they fall into the
380 days period before the creation of temporary inability to work;
This compensation shall also apply in the case of the previous temporary work
the inability of the insured was recognized for another activity. The previous period
temporary incapacity will be included in the period of support, even if the
When these sick nenáleželo. The first and the second sentence shall not apply in
When the insured activity lasted for at least 190 days from
the end of the last temporary incapacity.
(3) if the temporary incapacity on the day in which the employee has
shift has already worked, shall be deemed for the purposes of support time per day
the emergence of temporary incapacity the following calendar day.
section 27 of the
After the support period laid down under section 26 shall be paid on the sick list.
the request of the insured person for the period specified in the decision of the authority
sickness insurance according to the doctor, the health authority
the insurance, which paid sick leave, if it can be expected that the beneficiary
in a short time, up to a maximum at the time of 350 calendar days from the date
support the time specified under section 26, takes the working ability, and even to
other than the existing activities of the insured; as follows you can do even
repeatedly, and when the individual extension of the payment of sickness
the duration of this extension must not be longer than 3 months. Sickness can be
According to the first sentence to pay a total of 350 at the time of calendar days
Since the expiry of the time provided for support under section 26.
section 28
(1) Sickness, beneficiaries of old-age pension or invalidity
income for third-degree invalidity paid from 15. calendar day
the duration of the temporary incapacity or from the 15. calendar day
ordered quarantine for a period of not more than 70 calendar days, but within
the day, which ended the period of employment, if the employee or
over insurance, if the self-employed person or of the
foreign workers; in the period from 1. January 2012 to 31. December
2013 with sickness poživatelům these pensions paid from the 22.
the calendar day the duration of temporary incapacity or from the 22.
calendar day quarantine mandated for a maximum of 63 calendar
days, but within a day, which ended the period of employment, if the
employees, where applicable, the end of insurance, if the person individually
self-employed or employed on a foreign employee. When more temporary
Working neschopnostech in one calendar year, sickness
paid in that year, the maximum period referred to in the first sentence. If it has been
support by the time the first sentence and the second is exhausted in one calendar
year, shall not be entitled to payment of the sickness from 1. following
calendar year, continues if the temporary incapacity or
quarantine in the following calendar year. Sick leave in accordance with clauses
the first and second could not be paid for longer than would be in accordance with section 26.
Beneficiary of the old-age pension for the purposes of the first sentence and the second means
a natural person who, at the time of temporary incapacity or ordered
the quarantine is entitled to payment of the retirement pension for at least
one day the duration of activity of the insured, and the date on which entitlement to the
the payment of the pension.
(2) sick leave from work for vacation only contracted from another
of employment shall be paid not later than the date on which it had to end this
holiday.
(3) the sick leave from work, which he negotiated a beneficiary who is a pupil
or a student, just for school holidays (vacations) or their
Part shall be paid not later than the date on which the period was to end this
employment.
(4) Support for time sickness sentence always ends on the last day
before the day of the escape of a prisoner at the time of temporary incapacity or
ordered the quarantine of places of imprisonment. This is true
Similarly, for insured persons in custody or in the performance of security detention.
(5) the sick leave is not paid employees for the period of time over which should take
time off work without compensation income, or business, for which it was not
provided business income or business, if the temporary work
the inability of the established or quarantine was ordered at the earliest on the date on which
following the date of the onset of such leave. The provisions of the first sentence shall not apply
in the case where pojištěnka is not entitled to financial assistance in maternity benefits from the
any activity of the insured person, in the case where the beneficiary was recognized by temporarily
work invalid under section 57, paragraph. 1 (a). e) and (f)), and in the case of
the work or service off for reasons of treatment or provided
care provided in § 39, paragraph. 1 (a). and) or (b)).
(6) the sick leave is not paid employees for the time you took
the strike, if the temporary incapacity to work, or if it has been ordered
the quarantine first day following the date on which the
the employee became a participant in a strike.
(7) the sick leave is not paid after the date on which the temporary working ends
the inability of the under section 59 paragraph. 2 even if the day of their temporary work
incapacity was not marked on the decision on termination of temporary work
the inability of the.
Part 3
The amount of sickness
section 29
The amount of sickness per calendar day shall be 60% of the daily rate
the base.
section 29a
cancelled
section 30
If an employee did a domesticated work for the period in which his
temporary incapacity or ordered, at least after his quarantine
part, the amount of his sickness for calendar days, from the time of
temporary incapacity or the quarantine imposed on
the period of entitlement to payment of the sickness, so that the sum of the sickness and
the prescribed reckonable income for this period to offset the the product of the day
the assessment base referred to in § 21. 4 and the number of calendar days
attributable to this period, while the number of calendar days
calendar days are not attributable to the period of the first 14
calendar days of temporary incapacity or ordered by quarantine
and in the period from 1. January 2012 to 31. December 2013 calendar days
attributable to the period of the first 21 calendar days of temporary work
incapacity or ordered by the quarantine.
section 31
The amount of sickness per calendar day shall be 50% of the amount of the sickness
established in accordance with section 29 or 30, if the beneficiary's precipitated
temporary incapacity
and due to the participation in a brawl); a brawl here means a mutual assault
or a physical clash of two or more persons, except for self-defense or help
contested, if this is not the case referred to in point (a) (c)),
(b) immediate effect), as a his intoxication or abuse of narcotic drugs
resources, or psychotropic substances, or
(c)) in committing an intentional crime or intentionally caused
of the offense.
TITLE IV
MATERNITY BENEFIT
Part 1
The conditions for entitlement to financial assistance in maternity
§ 32
(1) the entitlement to maternity has
and pojištěnka, who gave birth to) the child; before the birth of the first in the time
the start of the eighth week before the expected date of confinement shall be entitled to financial
assistance in maternity pojištěnka pregnant,
(b) if the beneficiary has taken over) child into care replacing parental care on
the basis of the decision of the competent authority (section 38),
(c)) the beneficiary, who takes care of the child whose mother died
(d)), which the beneficiary child cares and is the father of the child or husband
a woman who gave birth to the child, if the child's mother cannot or may not for a child
care for serious illness, which has been recognized by
temporarily incapable of work [section 57 (1) (b), (e))] or for which it was
issued under section 67 (a). (d)), and is not entitled to payment of the
maternity [section 36 (1) (b) (c))],
(e)) the beneficiary, that takes care of the child, and is the father of the child or husband
a woman who gave birth to the child, if the child's mother has entered into a written
the agreement referred to in paragraph 7, that will take care of the child; This agreement may be
to close with effect from the beginning of the first period of the seventh week after birth
of the child and for a period of at least 7 calendar days consecutive.
(2) a condition of entitlement to maternity is the participation of the insured person
on insurance for at least 270 days in the last two
years prior to the date of embarkation on maternity (section 34 paragraph.
1). If the admission of the maternity of the more
insurance, this condition shall be the participation of the insurance are met in each
from such insurance.
(3) a condition of entitlement to maternity self
self-employed in addition to compliance with the conditions for participation to insurance under the
paragraph 2 participation in the insurance business as a self-employed person
According to § 11 for at least 180 days in the last year before the
on the day of the beginning of the support period laid down pursuant to § 34 paragraph. 1. The condition
entitlement to financial assistance in addition to the foreign employee's maternity
compliance with conditions of participation in the insurance referred to in paragraph 2 participation in the
insurance as a foreign employee in accordance with section 10, paragraph 1. 7 for
at least 180 calendar days in the last year before the date of the beginning of the
support the period fixed pursuant to § 34 paragraph. 1.
(4) until the time of participation in the insurance to be eligible for financial assistance in the
maternity in accordance with paragraphs 2 and 3 shall also be counted
and the period of study in high school), higher vocational or high school or
Conservatory considered the systematic preparation for future occupations for
the purpose of the pension insurance ^ 22), if this study was successfully
terminated,
(b) in receipt of invalidity pension) for third-degree invalidity,
If the pension was withdrawn and after withdrawal of this pension was established,
where appropriate, further insisted the insured;
the periods referred to in points (a) and (b))) will be included in the range in which the
do not coincide with the insured activities.
(5) if the admission on maternity insurance,
which is not a condition of participation in the insurance referred to in paragraph 2,
are taken into account for this, the period of membership of the
previous insurance period of two years prior to the onset of the financial
assistance in maternity benefits; overlapping the period of participation in the insurance can be
count only once. If at the same time claim to financial assistance in the
maternity benefits from one or more insurance, in which a condition is met
the participation of the insurance referred to in paragraph 2, and of the insurance, which is not
This condition is met, one is for the fulfilment of this condition in the
insurance, in which this condition was not met, only the days in period
two years before the commencement of the maternity in which lasted
participation in insurance in 270 days in parallel in the number of insurance, from
which is entitled to financial assistance in maternity is applied. If it is not
a condition of participation in the insurance referred to in paragraph 2 are met in a more
insurance, conventions, to meet this condition, the period of participation in the
insurance in the two years prior to the onset of the financial assistance in the
maternity insurance at that, which is the highest daily assessment
basis; Meanwhile, the procedure referred to in the first and second sentences.
(6) a child for the purposes of paragraph 1 (b). and), d) and (e)) means the child to
the achievement of 1 year of age, and for the purposes of paragraph 1 (b). (b)), and (c)) child
to the date of taking into care has not reached 7 years of age until attaining
age 7 years and 31 weeks.
(7) the agreement referred to in paragraph 1 (b). (e)) must be included the date from which
the beneficiary will take care of the child, and the date of delivery; signature of mother of the child to
the agreement must be officially authenticated or certified by the authority of sickness
the insurance. The date from which the beneficiary must take care of the child,
fall within the period for which maternity benefit was paid
the mother of the child, and in the period before the date of signature verification according to the first sentence.
(8) in the cases referred to in paragraph 1 (b). (d)), and (e)), the conditions of entitlement
on the maternity are finding on the date of first removal of a child
to care; This also applies in the case where the beneficiary has taken over the care of the same child
repeatedly.
(9) in the event that the support period begins, according to § 34 paragraph. 1 (a). (b)),
shall be considered as a condition of participation in the insurance referred to in paragraph 2 or 3,
to be fulfilled on the date of the onset of the maternity, if this
the condition meets at the beginning of the sixth week before the expected date of childbirth.
Part 2
Support time for maternity
section 33
The length of the support period for maternity
Support time for maternity is
and 28 weeks) for pojištěnky, which gave birth to the child,
(b)) 37 weeks at pojištěnky, who gave birth to two or more children at the same time,
and after 28 weeks support period of maternity benefit
belongs, only if pojištěnka further takes care of at least two of these
children,
(c) 22 weeks in the case of the policyholder) referred to in section 32, paragraph. 1 (a). b) to (e)),
(d) for insured 31 weeks), which of the grounds set out in section 32, paragraph. 1 (a).
(b) to (e))) takes care of two or more children, and after 22
week support period of maternity benefit, only if the
the beneficiary also takes care of at least two of these children.
§ 34
Origin and their support for maternity
(1) Support the maternity advent begins on
maternity. The advent of the maternity
occurs
and on the day) pojištěnka specifies the period from the beginning of the eighth week in the
the beginning of the sixth week before the expected date of confinement; If pojištěnka
This day in this period determines the occurs, the onset of the financial assistance in the
motherhood in early sixth week before the expected date of childbirth,
(b) if the date of birth) to the birth occurred before the beginning of the period of support
referred to in point (a)),
(c)) date of the child to the care of the policyholder in the cases referred to in §
paragraph 32. 1 (a). b) to (e)). In the cases referred to in § 32 paragraph. 1 (a).
(d)), and (e)) are to be taken into the care of the child shall be the date of the first
the takeover of the child in care; This also applies in the case where the beneficiary has taken over
the care of the same child repeatedly.
(2) Support for the period of maternity ends with the expiry of the period
referred to in section 33, but not later than on the date when the child has reached the age referred to in
§ 32 paragraph. 6.
(3) to the support for the insured person in the case referred to in § 32 paragraph. 1
(a). (d)), and (e)) counts for the period for which the financial assistance in the
maternity paid the child's mother, with the exception of the period from birth to the end of
the sixth week after birth; If the mother of the child to pay again
maternity benefit, does her time period, support
After that maternity benefit is paid to insured persons
referred to in section 32, paragraph. 1 (a). (d)), and (e)).
(4) If, in the course of the support period, after which the policyholder pays
maternity benefit, are entitled to additional financial assistance in the
maternity insurance shall be paid for the same, with additional financial assistance in the
motherhood after the time it takes to qualify for the previous financial assistance in
maternity benefits; support for this additional period of maternity,
However, from the date of the onset of this maternity.
section 35
Support time for maternity in certain cases
(1) for the pojištěnky, who gave birth to support may not be the time for cash
help in motherhood is shorter than 14 weeks and shall not end before the expiration of the 6
weeks from the date of delivery.
(2) if the child died before the end of the support period, ending support
the expiry of the period of 2 weeks from the date of the death of the child, if not done previously
under section 33 and section 34 paragraph. 2; the provisions of paragraph 1 shall not prejudice.
section 36
The interruption of payment of maternity
(1) maternity benefit shall be payable
and the mother of the child for the period), which is the basis of the agreement referred to in section 32
paragraph. 1 (a). e) entitlement to the maternity, with the beneficiary
which the mother of the child has entered into the agreement,
(b)) for insured persons of time that the child was for health reasons
taken to a medical facility bed care and the beneficiary in this
the time of the insured carries out activities that is financial assistance in
maternity is provided, work or are self-employed,
(c)) for the period, policyholders after which cannot or may not take care of the child for the
serious long-term ailment, for which he was recognized by the temporary work
invalid [§ 57 para 1 (b), (e))], and for this reason, the child was in the care of
other natural persons or legal persons,
(d)) for the period, after which the pojištěnka foster of the born child, and the child was
for this reason, entrusted to the care of parents or the replacement care bed
care provider of health services or to the establishment
24-hour care for these children,
e) insured persons for the period during which the child was in a facility providing
24-hour care for these children from other than for health reasons on the side of the
of the child or the insured person.
(2) if the grounds referred to in paragraph 1, for which financial assistance is
maternity benefits paid by policyholders, continues in the payday cash
assistance in maternity, or initiate the payment, up to the expiry of the
support of the period, with the understanding that if the reasons referred to in paragraph 1 (b). (b))
and (c)), the period shall be extended by the period of policyholders support, after which he
maternity benefit paid, and if the reasons referred to in
paragraph 1 (b). and), d) and (e)), does the time period for which financial
assistance in maternity insured persons paid to his support of the period.
The provisions of § 34 paragraph. 2 and 3, the first sentence is not affected. The agreement
referred to in section 32, paragraph. 1 (a). (e)) or mother of a child beneficiary may
Cancel also unilaterally; the provisions of § 32 paragraph. 7 on signature verification
in doing so, apply mutatis mutandis.
(3) the payment of financial assistance in maternity cannot be referred to in paragraph 1 (b). (d))
and (e)) break during the period specified under section support 35 paragraph. 1.
Maternity benefit, the insured persons, who made an agreement under section
paragraph 32. 1 (a). (e)), be paid where the period for which they are otherwise
satisfied the conditions for entitlement to the payment of maternity,
at least 7 calendar days consecutive.
Part 3
The amount of the maternity
§ 37
The amount of maternity per calendar day shall be 70% of the daily
the assessment base.
§ 37a
cancelled
Part 4
Common provisions on maternity
section 38
The decision of the competent authority in accordance with § 32 paragraph. 1 (a). (b))
shall be deemed to
and) Court decision on child custody of another person ^ 23),
(b)), the Court decision on adoption of a child ^ ^ 24),
(c) the decision of the Court on the transfer) of the child in the care of the prospective adopter ^ 25),
(d) the decision of the Court on the transfer) the child's adoptive parents into care before
by ^ 26),
(e) appointment of a guardian) natural persons of the child 27) ^ ^
(f) the decision of the Court of guardianship) a child in foster care and to foster
care for a transitional period ^ 28),
(g) the decision of the Court of guardianship) child into the care of the předpěstounské leads
foster care ^ 75),
(h)), the Court decision on interim measures on child care ^ 76),
I) submission of proposal to the Court at the start of the court proceedings the provisions of the physical
a person's guardian of the child, if this person personally takes care of the child and
It does not have the obligation, for a period, after which this takes place
the court proceedings.
THE HEAD OF THE
OŠETŘOVNÉ
Part 1
The conditions of entitlement to ošetřovné
section 39
(1) a claim for ošetřovné has an employee who cannot perform in the
employment work due to
and) care
1. a child under the age of 10 years, if the child is ill or suffered
injury, or
2. another Member of the household, whose state of health due to illness or
injury requires necessarily the treatment of another natural person, or members of the
the home, which gave birth to, if her condition at the time immediately after the
delivery requires necessarily the treatment of another natural person, or
(b)) child care under the age of 10 years, because
1. the establishment or a special children's facilities, where appropriate, other
similar facilities for children, in whose daily or weekly child care otherwise
is, or the school, which is the pupil, are closed from the regulations of the competent
the authority because of the accident, the emergency measures when the epidemic or other
unforeseen events,
2. a child cannot be for court-ordered quarantine in the care of school facilities
or a special children's facilities, or other similar device
for children, in whose daily or weekly child care otherwise, or experience
to the school, or
3. a natural person who takes care of the child otherwise, ill, suffered an injury,
It occurred in the situation referred to in section 57, paragraph. 1 (a). (b)), or (c)), gave birth to the
or, she ordered the quarantine and therefore cannot take care of the child.
(2) a condition of entitlement to ošetřovné is that the person referred to in paragraph 1
live with the worker in the household; This does not apply in the case of treatment or
care for a child under 10 years of age the parent. For the purposes of this Act, in the case of
divorce and custody of the child by the Court into the joint or alternating
care ^ 30) both parents in a household is considered a household of each of these
parents.
(3) the employee shall not be entitled to a ošetřovné because of the care of the child or
care of them, if the other natural person has by reason of caring for this child
entitlement to payment of maternity or is entitled to
parental allowance in accordance with special legislation ^ 31); It
does not apply if this other person fell ill, suffered an accident, occurred at her
the situation referred to in section 57, paragraph. 1 (a). (b)), or (c)), gave birth to her was
ordered the quarantine and therefore cannot take care of the child.
(4) in the same case, care (care) belongs to the ošetřovné just once and only
one of the two authorized legitimate or gradually, if the
the same case of care (care) are replaced. 1 according to the first sentence
It is possible only once; for the employee, who took over the care of the
(care), the conditions of entitlement to be assessed at the date of takeover ošetřovné
care (care). Change the type of disease (diagnosis) is not considered
new case treatment.
(5) the entitlement to ošetřovné do not have
and the family)
(b)) to the employee involved on the basis of the agreement on work activities and
the staff employed on the basis of the agreement on the implementation of the work,
(c)), staff home
(d)), voluntary workers, nursing services
(e)) in the condemnation of the imprisonment of the inclusion in the work and the person
in the performance of security detention included in the work,
(f)) who are pupils or students, from employment, which
falls exclusively to the period of school holidays or vacations,
(g) staff participating in insurance) because of the employment of small
the range,
h) foreign employees,
I) members of the collective bodies of a legal person referred to in section 5 (a). and)
point 18.
(6) is not entitled to payment of the employee at the time of ošetřovného the first 14
calendar days of temporary incapacity or ordered by quarantine
and in the period from 1. January 2012 to 31. December 2013 at the time of the first 21
calendar days of temporary incapacity or ordered by the quarantine.
Part 2
Support time for ošetřovného
section 40
(1) Support for the ošetřovného time is the longest
9 calendar days),
(b)) 16 calendar days, in the case of the lone employee who has
permanent care of at least one child under the age of 16 years, which was not completed
compulsory school attendance.
(2) Support for the ošetřovného period shall start from the day care needs
or care. The first sentence also applies in the case of the takeover of the care (care)
other authorized by § 39, paragraph. 4 second sentence. If the need arises
care (care) on the day on which the employee has already worked a shift,
begins support period the following calendar day.
(3) the Run time support for ošetřovného builds for the provision
health services provided to a person with an inpatient care.
Ošetřovné are beneficiaries of old-age pension or invalidity pension for
third-degree invalidity shall be paid not later than the date on which the period of the
employment.
(4) If, in the course of the support time that will be paid to employees
ošetřovné, for the creation of appropriate treatment of other natural persons or
the needs of the care of another natural person, the employee shall be paid
ošetřovné, on which qualify for this reason, after the support period, after
It takes the previous entitlement to payment of ošetřovného; support time
the case of necessary care (care) other natural persons shall, however,
be determined from the date in which this need.
(5) the employee shall not be paid for the Ošetřovné time you should take
time off work without compensation income, if the need for care (care)
established as soon as possible on the day following the date of the onset of such leave.
Ošetřovné is also not paid for working days, if the employees of
ošetřovného did not create entitlement to payment for at least 1 calendar day,
that was supposed to be a working day for him and in which the need for treatment or
care persisted.
(6) employees shall not be paid for the Ošetřovné time that lasted
the strike, if the need for care (care) was established at the earliest on the date on which
following the date on which the employee became a participant in a strike.
(7) For the lone employee [paragraph 1 (b))] for the purposes of
ošetřovného employee shall be considered as free, widowed or divorced,
If he doesn't live with him (sort of), or in a registered partnership. For
the lone employee and an employee whose wife
(husband) is in the imprisonment imposed for at least
one year or in the performance of security detention, or if
proceedings for a declaration of spouse as missing or
dead, and the employee lives with companion (sort of).
§ 40a
cancelled
Part 3
Above ošetřovného
§ 41
The amount of ošetřovného per calendar day shall be 60% of the daily rate
the base.
TITLE VI OF THE
COMPENSATORY ALLOWANCE IN PREGNANCY AND MATERNITY
Part 1
The conditions for entitlement to the compensatory allowance in pregnancy and maternity
section 42
(1) a claim for compensatory allowance in pregnancy and motherhood has
and pregnant workers), which is transferred to another job, because
the work, which had previously held, is in accordance with the specific legislation ^ 32)
disabled or pregnant women, according to the decision of the attending doctor
endangers her pregnancy,
(b)), which is in the period to the end of the ninth month after childbirth
transferred to another job, because of the work that had previously held, is
According to the specific legislation of ^ 32) disabled mothers until the end of
the ninth month after childbirth or by decision of the attending doctor
his health or maternity,
(c)), that breastfeeding and is transferred to another job, because
the work, which had previously held, is in accordance with the specific legislation ^ 32)
lactating women or disabled according to the decision of the attending doctor
his health or ability to breastfeed,
(d)), a member of the women pregnant by the end of the ninth month after childbirth
or women who are breastfeeding, if under the special law
^ 33) legislation was withdrawn from the existing staff of the place, as it
requires its safety and health protection at work, and was established
on another post,
If it achieves a lower without his fault than the prescribed reckonable income
before this transfer to another job or to other business
instead. To reduce the prescribed reckonable income due to shorter working time
or the period of service shall be disregarded.
(2) entitlement to the compensatory allowance in pregnancy and maternity is considered
the conditions referred to in paragraph 1 also pregnant workers or
women active in the art field, which is transferred to another job
or established on other business instead, because due to pregnancy
cannot act publicly.
(3) for the purposes of entitlement to the compensatory allowance in pregnancy and maternity
shall be deemed to transfer to a different job or the provisions of other
the staff also place the adjustment of the working conditions of
and reduce the amount of desired) job and the working pace, or
exemption from the performance of some of the works, which will remove the causes,
the basis of which such work is prohibited for pregnant women, mothers
the end of the ninth month after childbirth or breastfeeding women, or that threatens the
pregnant women, her health, maternity or breastfeeding,
(b)) in the cross-dock for the performance of the work to another place or to transfer to other
workplace due to work on the current workplace is disabled
pregnant women, mothers until the end of the ninth month after childbirth or breastfeeding
women, or women, pregnancy threatens her health, maternity or
breastfeeding,
(c)) in the waiver of the performance of night work (services).
(4) a claim for compensatory allowance in pregnancy and motherhood has
workers, if it is
and operates on the basis of agreement) of working activities or on the basis of the agreement on the
perform the work,
(b)) in a condemned prison sentence to work or
It is included in the work in the performance of security detention,
(c)) the group insurance because of the small scale of employment,
d) voluntary worker nursing services,
(e)), or if she was a student, employment falls exclusively to the period
school holidays or vacations,
(f) the foreign worker)
(g) a member of the collective bodies) of the legal person referred to in section 5 (a). and)
point 18.
Part 2
Support for the duration of the compensatory allowance in pregnancy and maternity
§ 43
(1) the compensatory allowance in pregnancy and maternity are paid for
calendar days, in which it took to convert to another job or the provisions of the
on the other post. A pregnant worker or příslušnici is
compensatory allowance in pregnancy and maternity benefits be paid within
the beginning of the sixth week before the expected date of childbirth.
(2) the compensatory allowance in pregnancy and maternity shall not be paid for
calendar days, in which a worker or a member of the
and was temporarily incapable of work), or it has been ordered by the quarantine,
(b)) a child under 10 years nursed or tending or nursed
another Member of the household of the grounds listed in § 39, paragraph. 1,
(c)) had time off work without compensation income, or business, for that
business income was not provided, or the staff salary,
(d) the Unexcused absence) should work, even after a part of the calendar
the date,
(e)) was involved in strikes,
(f)) was on maternity or parental leave.
Part 3
The amount of the compensatory allowance in pregnancy and maternity
§ 44
(1) the compensatory allowance in pregnancy and motherhood as shall be
the difference between the daily basis identified on the date of transfer
the worker concerned to another job or to the provisions concerned to the other
business location and the average pensionable income falls on her
one calendar day in the individual calendar months after this
convert or provisions.
(2) Average pensionable income referred to in paragraph 1 is established so that the
the achieved revenue per calendar month divided by the number of
calendar days in that month, with the exception of the days referred to in section 43, paragraph.
2.
(3) in accordance with paragraphs 1 and 2 shall be followed in the case of transfer to a
another job or the provisions on other business location or to the end of
This transfer or provisions during a calendar month.
TITLE VII
PROVISIONS COMMON TO BENEFITS
Part 1
Entitlement to benefits and the payment of
section 45
Entitlement to benefit
A right to benefit is acquired on the date of fulfilment of the conditions laid down in this law.
section 46
Entitlement to payment of the levy
(1) the entitlement to payment of the levy arises by complying with the conditions laid down in this
Act for entitlement to the benefit, and on the payment of a claim
on the payment in the manner laid down by this law.
(2) entitlement to payment of the levy shall lapse on the expiry of three years from the date on which
the batch or part belongs. The time limit referred to in the first sentence does not imply for
batch management and over time that a physical person, which had to be
guardian, the guardian was not appointed.
section 47
The waiver of the claim for payment of the levy
(1) the beneficiary may on the basis of the written statements submitted by the payer
give up the right to the payment of benefits for sickness, maternity
and ošetřovného. Pojištěnka, which gave birth to the child, may waive entitlement to the
payment of maternity as soon as possible after 14 weeks
support time, but not earlier than 6 weeks from the date of delivery. In
the Declaration referred to in the first sentence shall be given a day, from which the
the beneficiary waives entitlement to payment of the levy. By surrendering the right under sentence
the first claim shall lapse on the payment of benefits until the end of the support period. For
the waiver of the claim referred to in the first sentence, however, does not consider the conclusion of the agreement
According to § 32 paragraph. 1 (a). (e)), or its cancellation under § 36 odst. 2 sentences
the third.
(2) entitlement to the payment of the levies shall not give up during the period for which it has already been
the levy shall be paid, and in cases where benefits are carried out from the collision, according to
administrative or judicial decision or on the basis of the agreement on the rainfall on
reimbursement of an overpayment on a batch or regression refunds (section 126).
Part 2
Overlapping of benefits
section 48
(1) if at the same time from a single insurance claim payment more
benefits, has
and the) entitlement to payment of financial assistance in priority over the claim of motherhood
on the payment of other benefits; the provisions of § 36 odst. 1 (a). (c)) and section 57
paragraph. 1 (a). (e)) by not doing so, without prejudice to the
(b)) entitled to payment of the sickness takes precedence over the right to the payment of
ošetřovného.
(2) if one of the insurance claim on the payment of sickness from
because of temporary incapacity at the time when the policyholder takes claim
on the payment of sickness due to quarantine, sick leave shall be paid from the
because of temporary incapacity after their support for
sickness due to quarantine; This also applies vice versa.
(3) if in the case of overlapping of multiple insurance claim to payment of the
a variety of benefits, with the exception of compensatory allowances in pregnancy and
maternity must not be the sum of benefits per calendar day higher than it should be at
the amount of sickness from the daily assessment base calculated in the amount of
the third reduction boundaries; If the sum of the benefits higher, first
ošetřovné and then sickness, so that the sum of the benefits this amount of sickness
does not exceed. Maternity benefit according to the first sentence does not diminish.
Part 3
Go right to benefits and their payment
section 49
Entitled to benefit and entitlement to payment of the levy cannot refer or give to
pledge.
section 50
The agreement on the precipitation of the allowances paid to the district management
Security [section 81, paragraph 2 (a))] cannot be closed, with the exception of the agreement on the
deductions to cover the excess on the dose (para. 124) or regression of the refund (section
126) and the agreement between the creditor and debtor to satisfy the claims of
due to maintenance in the framework of the mutual obligations of parents and
of the children.
section 51
(1) if the insured person Died after the formation of the entitlement to a benefit, the right to
the payment of the amounts of benefits that were not paid to the policyholder, the
the spouse, children and parents if they lived with the policyholder at the time of
his death in the home, if the insured person must meet the conditions of entitlement to
payment of benefits; These persons shall enter into the batch control also. If
the beneficiary has failed to assert his claim to payment of the levy, the claim may,
apply the persons referred to in the first sentence.
(2) claims of transitioning to a person referred to in paragraph 1 shall not be subject
Heritage; the subject of heritage are becoming, if not these people.
Part 4
To change the entitlement to benefits and the payment of
section 52
If it is found that
and) entitled or her payment has lapsed, the levy shall be withdrawn or
her payout will stop, and from the date following the date on which the passed
the period for which has already been paid, the
(b)) dose was awarded or is paid at a lower amount than what
belongs to, or has been wrongly denied or granted from the later
data than from what belongs, the dose is increased or be granted, from the date of
from which the batch or increase it belongs, if entitlement to payment of the levy
not according to § 46 paragraph. 2,
(c)) dose was awarded or is paid at a higher amount than what
belongs to, or has been awarded or paid unduly, the dose is reduced
or shall withdraw or her paycheck stops, from the day following
the date on which the period has elapsed, for that has already been paid, the
(d)) have changed the operative events for the amount of the benefits or to be eligible for
her payment, proceed by analogy with the provisions of subparagraph (b)), or (c)).
PART THE FOURTH
HEALTH ASSESSMENT FOR INSURANCE PURPOSES
TITLE I OF THE
BASIC PROVISIONS
section 53
(1) the assessment of the State of health of insured persons and other persons for the purposes of
the insurance covers the assessment
a) temporary incapacity,
(b)) capacity to work after the expiry of the period of support,
(c)) the State of health for the purposes of the provision of maternity,
ošetřovného and the compensatory allowance in pregnancy and maternity.
(2) assessment of the health status of
and in accordance with paragraph 1 (b)). and (c))) and the doctor (article 54),
where appropriate, in specific cases (article 75 and 80), the competent authorities
the sickness insurance of their physicians,
(b) in accordance with paragraph 1 (b)). (b)), the competent authorities shall carry out the sickness
insurance for their doctors.
§ 54
Attending doctor
(1) the attending physician shall, for the purposes of this Act, means the provider
health services, which provides insured persons with their doctors or other
the person considered ambulatory, in-patient or a spa hospital
rehabilitation care, with the exception of medical rescue providers
services and medical emergency services, and the provider
pracovnělékařských services for the treatment of the insured person within the first
help if he won permission for the delivery of health services.
The attending physician for the purposes of sickness insurance for soldiers from the
the profession means the departmental health services provider by
special legal regulation ^ 34).
(2) the physician who performs the assessment of health status according to § 53 paragraph.
1 (a). and (c))), is entitled to exercise this activity only to the extent of their
skill ^ 35).
(3) Decisions in matters of temporary incapacity or needs
treatment or care (hereinafter referred to as "need treatment") is authorised to
doctor or physician referred to in § 79 paragraph. 1 (a). (c)) part of the
the sentence for a semicolon, after the period of the prohibition laid down by the authority of sickness
the insurance referred to in § 79 paragraph. 1 (a). (c)).
TITLE II
ASSESSMENT OF TEMPORARY INCAPACITY
Part 1
The basic concepts
section 55
Temporary incapacity
(1) Temporary incapacity means the State that failure
health or other grounds listed in the Act does not allow policyholders
and carry out the activities of the existing insured) and takes longer to disorder
than 180 calendar days, and other than the existing insured activity,
(b)) to perform the duties a job applicant according to a special legal
^ 36) Regulation (hereinafter referred to as "the duty to a job seeker"), was established to
temporary incapacity in the withdrawal period or if the temporary
incapacity to work after the end of the current activities of the insured, and
When the beneficiary is not a contender for the job.
(2) For temporary incapacity is not treatment
the insured's
and in a night sanatorium)
(b)) at the time of detoxification after ingestion of alcohol, narcotic drugs or psychotropic
substances, with the exception of cases, when the beneficiary of these substances ingested without
your fault,
(c)) in the provision of health care in the personal interest of the cosmetic, or
aesthetic reasons for the payment of the policyholder.
(3) the insured's temporary incapacity, which performs several
insured activities, assesses the physician for each insured
activity individually.
(4) if the insured persons after their temporary incapacity arises
in the following calendar day for more temporary incapacity,
This temporary incapacity for the continuation of the
the previous temporary inability to work; However, this does not apply if
This additional temporary incapacity has been recognised to other insured
activity.
section 56
The mode temporarily unable to work and place of residence of the policyholder at the time of
temporary incapacity
(1) the scheme provides for the temporary work: the insured person's attending doctor
When the decision on the creation of temporary incapacity. The mode temporarily
the work of the insured may be an incompetent doctor changed in
accordance with the change in State of health.
(2) the scheme work failure temporarily insured persons includes
and an individual treatment) according to a special legal
code ^ 37),
(b)) the obligation to delay at the time of temporary incapacity in place
stay and comply with range and time allowed walks; place to stay
the insured person is temporarily unable to work instead of that beneficiary, said
the dentist or physician in the formation of temporary inability to work, or
Instead, which changed the residency in accordance with paragraph 3,
(c)), including their range walks and time, if health
the status of insured person and provided for the individual therapeutic procedure these walks
shall not preclude the
(d)) to enable changes to the place of residence at the time of temporary incapacity
in accordance with paragraph 3, first sentence, and a third, if the State of health of the insured person and
set individual therapeutic procedure, this change does not preclude
(e) implementation of the rehabilitation,) if it secures the Office work
Of the Czech Republic.
(3) to change the place of residence at the time of temporary incapacity may only be
the beneficiary only with the prior consent of the attending doctor. If it has been
insured persons referred to in the first sentence is allowed to change the place of residence at the time of the temporary
incapacity in the period of the first 14 calendar days of temporary
the incapacity and for the period from 1. January 2012 to 31. December 2013
in the period of the first 21 calendar days of temporary incapacity,
where appropriate, belongs to the policyholders after the expiry of this period, at the time of the temporary
incapacity to continue to capital income [section 16 (b))]
in the period, after which, at the time the temporary incapacity belongs
income beneficiary is obliged to place of residence of this change in writing in advance
or otherwise demonstrably notify employers. A change of the place of stay
temporarily unable to work due to the insured person's stay in a foreign country can
the doctor only after prior written consent
the competent sickness insurance institution; on the consent of the authority
sickness insurance calls this authority to the beneficiary.
(4) a permit or change their range walks and time [paragraph 2
(a). (c))] and on changing the place of residence at the time of temporary incapacity
in accordance with paragraph 3, first sentence, and the third shall be decided by the doctor; about change
the place of stay shall be decided by the doctor on the basis of the request temporarily
the work of the insured's failure. If the insured person is temporarily unable to work
requests for permission or changing their range walks and time or
enabling change place of residence at the time of temporary inability to work and
the doctor walks or change or the place of stay
permit shall issue a decision on this doctor refused, only
If the beneficiary is the release of this decision. On the decision of the
on walks and permit changes to the place of residence of the treating physician
and on the next procedure is applied special legislation to provide 38 ^ ^)
health services.
(5) a change of the place of residence of the beneficiary and does not ask the doctor about her
does not act in the case, in the case of a change of the place of stay in respect of
the provision of beds or spa rehabilitation care; This
change the beneficiary attending doctors at reports of layoffs from the bed
or spa rehabilitation care.
(6) in accordance with paragraph 2 (c) Walks. (c)) may allow the doctor
only to the extent which corresponds to the State of health of the temporary work
the insured person and that does not interfere with the incompetent as determined by individual
therapeutic procedure. The attending physician may authorize under the first sentence walks
not more than a total range of 6 hours a day, from 7 am to 7 pm
hours; in doing so, define a specific time period or periods of time these
walks. The doctor may, exceptionally, in cases where extremely
challenging the treatment plan, the ongoing intensive treatment, adverse side
the effects of treatment, or serious health condition do not allow the overall insured persons,
to take a fixed time walks, at the request of the temporary work
failure of the policyholder and the prior written consent of the competent
the sickness insurance institution granted on the basis of the request of the treating
doctors allow that this beneficiary has voted for walks by your
the current state of health. According to the sentence of a third allow walks can be
a maximum period of 3 months; This can allow walks repeatedly.
Part 2
Assessment of temporary incapacity
§ 57
The emergence of temporary incapacity
(1) the attending physician shall decide on the formation of temporary incapacity
and the insured person, if the examination) discovers that his State of health
for an illness or injury (hereinafter referred to as "disease") does not allow to carry out existing
the insured activity, or, in the case of the emergence of temporary work
the inability of the trade deadline, to fulfil the obligations of the job seeker,
and even if the beneficiary is not a contender for the job,
(b) the insured person), which was adopted to provide inpatient care, or you
on the basis of public health insurance provided a comprehensive
Spa sanatorium rehabilitation care ^ 39),
(c)), which was adopted by the insured person to a medical facility as
Guide to the minor child adopted to provide inpatient care ^ 40), with
the exception of the insured person, who is entitled to the payment of financial assistance in the
maternity,
(d) the insured, which cannot) for damage to or loss or orthopedic
compensatory aids to carry out existing insured activity, where appropriate,
in the case of the emergence of temporary inability to work in the trade deadline, meet
obligations of jobseekers, and even if the beneficiary is not a contender
for employment,
(e) the insured person at the time of the claim) on the payment of maternity,
If serious illness makes it impossible for him to care for the child;
long term illness, for the purposes of this Act shall mean such
the disease, which according to the knowledge of medical science has to take more than one
the Moon,
(f)) pojištěnky, which showed the confirmation authority of sickness insurance,
that is not entitled to financial assistance in maternity from any insured
activities, and from the beginning of the sixth week before the expected date of delivery,
(g)), which was recognized by the insured's disability in the first or second degree,
If this insured on the day immediately following the day on
which has ended temporary incapacity under section 59 paragraph. 2,
There was another health disorder or takes, than that was the reason for the recognition
temporary inability to work, or are experiencing, or insist the other reasons,
that would justify recognition of temporary inability to work, and this
failure or these reasons do not allow policyholders to exercise by the insured
activity.
(2) temporary incapacity begins on the date on which the attending it
the doctor found out, if further provides otherwise.
(3) the attending physician may, in the event that the beneficiary could not visit
the attending doctor or in other appropriate cases, decide that the
temporary incapacity the insured person has, before the date referred to in
paragraph 2; for periods of longer than 3 calendar days prior to the date on which
temporary incapacity to work, however, may find the doctor,
unless the creation of temporary inability to work in accordance with paragraph 1 (b).
(g)), do so only with the prior written consent of the competent authority
sickness insurance issued on the basis of the request of the treating
doctor. If the attending doctor decided that the temporary work
the inability of the period was longer than 3 calendar days prior to the date in the
which the temporary incapacity found without the consent of competent
the sickness insurance institution, it shall be deemed that the temporary work
the inability lasts only 3 calendar days prior to the date in which it found.
(4) If a doctor can't detect after examination of the reasons for the decision on the
the emergence of temporary incapacity, the beneficiary, however, requires the release of
the decision about the creation of temporary incapacity, the attending issues
a doctor's decision about temporary incapacity suffered; on
This decision and on further procedure shall apply specific legal
prescription ^ 76) for the provision of specific health services. This
special legal regulation also applies to the procedure in the case where the beneficiary
disagree with the date of the formation of temporary incapacity or by
has been recognized by his temporary incapacity.
(5) the attending physician, who decided on the formation of temporary work
and this inability was terminated by a decision of the authority
sickness insurance (section 75), may decide on the creation of a temporary
the incapacity of the same insured person during the period of 7 days after the termination of the
the previous temporary incapacity by the decision of this body for the
the same or a similar disease, with the exception of acute outbreaks of the same disease,
only with the prior written agreement of that authority, granted on the basis of
request of the attending doctor.
(6) temporary incapacity pursuant to paragraph 1 (b). g) is considered to be
for the continuation of the previous temporary incapacity.
section 58
The progress of the temporary incapacity
(1) during the temporary incapacity, the attending doctor assesses the
whether the insured's health stabilized, and that the working
the ability of the policyholder. For stabilized for the purposes of this
the law considers such a condition, which is settled on a certain
the level of health and working ability, which allows policyholders
to carry out the present or other insured activity without deterioration
health status, and that more treatment cannot affect significantly;
maintaining the health of stabilization may be subject to
the introduction of a certain treatment or working restrictions.
(2) the attending physician shall be determined taking into account the State of health of the insured person
the term of the next medical treatment or control. This term
the doctor indicates the decision of temporary work
the inability of the.
(3) if the policyholder proves the existence of serious reasons for which cannot
come to the treatment or control on the day determined in accordance with paragraph 2,
the term establishes the physician substitute.
(4) if the beneficiary has demonstrated the existence of serious reasons for that
He couldn't come to the treatment or control on the day determined in accordance with paragraph
2, the doctor will issue a new decision on the formation of temporary work
the inability of the. This temporary incapacity shall be deemed
the continuation of the previous temporary incapacity.
section 59
Terminating temporary incapacity
(1) the physician shall decide on the termination of the temporary incapacity
and the insured person, if the examination) discovers that his State of health
allows you to perform the current operation of the insured, and the date on which this
the fact he found, or no later than the third calendar day
following the date of the examination; If the doctor exits the
temporary incapacity to work later than the third calendar day
following this examination, it shall be deemed that the temporary work
the inability of the ended this third calendar day,
(b) if the insured person has passed) at least 180 days duration of the temporary
incapacity and the examination finds that health status is
stabilized and is the assumption that the beneficiary is no longer able to carry out
the existing insured activity, 30. calendar day following
the date of the examination; This does not apply in the case of temporary work
the inability of a soldier by profession and a member of the Security Corps,
(c) the insured person when their) beds or complex Spa
hospital rehabilitation care, if the condition referred to in point (a)
and)
(d)), which was adopted by the insured person to a medical facility as
Guide to the minor child adopted to provide inpatient care, when
the release of this child from bed care or when their stay in this
insured persons in the facility, in whose bed care was taken of this child,
(e)), which the insured person after repair or new orthopedic measures or
compensatory aids may exercise the existing insured activity,
where appropriate, if the temporary incapacity in the withdrawal period
or if the temporary incapacity after the end of the current
activities to fulfil the obligations of the insured person, job seekers, and even though
the beneficiary is not a contender for the job,
(f)) pojištěnky, which is entitled to financial assistance in maternity benefits from the
any activity of the insured, to the beginning of the sixth week before the expected
on the day of delivery, if the pojištěnka has not begun receiving financial assistance in the
motherhood before,
(g)), to which the insured person's serious long-term illness prevented
take care of the child, if the examination finds that his State of health
Once again allows you to take care of the child,
h) pojištěnky, which was in a temporary inability to work in the context of
with pregnancy and childbirth under section 57, paragraph. 1 (a). (f)), the end of the sixth
the week after the birth, if not temporarily unable to continue to the work of other
reasons,
(I) the insured person, if the examination) discovers that his State of health
allows you to carry out the obligations of jobseekers, if the temporary
incapacity in the withdrawal period or if the temporary work
the inability of the insured after the end of the existing activities, and even when
the beneficiary is not a contender for the job,
(j)), which the insured person fails to appear for medical treatment or control
the health status in a day, which is marked on the decision in accordance with section 58
paragraph. 2, without the beneficiary demonstrate the existence of serious grounds for
for this treatment or control could not come, and that this
on the day,
to the insured, that is) of the beneficiary of the retirement pension and whose
the insured activity ended before the date from which the time of temporary work
the inability to qualify for the payment of old-age pension, and it
date not later than by written notification to the authority of the sickness
the insurance has lapsed shall be entitled to sick leave, if their temporary work
inability does not previously under letters) to (e)) or (j)).
(2) temporary incapacity expires on the thirtieth day after the date of
following the date on which the beneficiary was the opinion of the district administration
Social Security disability is recognized. If the insured person was recognized
disability on the basis of the outcome of the court proceedings on the lawsuit, ending a temporary
incapacity on the 30th day from the date following the date on which
authority on disability pension received the decision of the Court; This
the authority is obliged to inform the attending doctor in writing without delay of the
Tom, in which the date of this decision of the Court. Attending doctor
indicate the day of the termination of temporary inability to work due to the recognition of
disability on the prescribed form.
(3) The procedure for disagreeing with the decision on the termination of the insured person
temporary disability referred to in paragraph 1 shall apply in particular
právnípředpis ^ 76) for the provision of specific health services.
section 60
In the case of temporary inability to work
The decision about the creation of temporary incapacity, which after a period of
temporary incapacity also serve as license to temporarily work
failure of the policyholder, the decision on termination of temporary work
and the decision to change the mode temporarily unable to work
the insured person shall be issued by the doctor on the prescribed forms. The part of the
These forms, which is intended for employers, must not contain
statistical diagnosis of the marker ^ 41) or any other information from which you can make a diagnosis
inferred.
Part 3
The obligations and privileges of doctors
section 61
The obligations of the physician
The doctor is obliged to
and decide on the creation of) temporary incapacity, in cases
referred to in section 57 in the day, when it found
(b) keep a record of the work) temporarily incapable of policyholders, which decided to
about the emergence of temporary incapacity or taken into his care;
This evidence shall mean a written record of any decision on the creation and
the termination of the temporary incapacity, which contains the registration
the number of the prescribed form, the name or names ("name")
and the surname of the insured person, the date of creation of temporary inability to work,
diagnostic code of illness or accident, day treatment, and the date of the next
control, the end date of the temporary incapacity and any information
on the transmission or receipt of the policyholder's incompetent work temporarily, indicating the
data transmission or receipt, name and surname of the doctor, which was
the beneficiary passed to care, or from which he was taken into custody, and addresses
the workplace of the doctor, or the date of transfer or takeover
the name of the provider of health services, including the relevant expertise, to
whose care was passed to the beneficiary or from which he was taken up in the
care, and the address of the provider of health services,
(c) to establish a temporary work mode) failure of the policyholder and the insured persons about
This mode, info,
(d)) to pass to the insured persons of the decision about the emergence of temporary incapacity
and the decision on termination of temporary inability to work, where appropriate,
the decision to change the mode temporarily unable to work, together with the insured person's
the relevant reports for the employer, on the day they were issued,
or on the day of release of medical equipment, in which the
provided inpatient care,
(e) the competent authority) send sickness to the prescribed
form reports on the emergence of temporary inability to work, and reports on the
their temporary inability to work, and it's the latest in the third
working day following the date on which the decision was issued on the formation of
or their temporary inability to work, and on the prescribed form
reports on the work of the temporarily incompetent mode changes the insured person,
not later than on the working day following the date on which it was issued
the decision to change the mode temporarily inefficient work of the policyholder; This
an obligation is fulfilled and passing these reports within the time limits
This authority,
(f) as requested by the physician) to establish the competent authority, the health
term insurance checks for the purposes of an audit of the assessment
temporary incapacity, and to this end, the insured's call to
control,
(g) at the request of the insured person's) decide about allowing walks and change their
the scope or the time or for authorization to change place of residence at the time of the temporary
incapacity in the cases referred to in § 56 paragraph. 3 the first sentence and
the third and latest about this decision to inform on the following working
day of the competent sickness insurance institution on the prescribed form;
If it is necessary to enable changes to the place of residence at the time of temporary work
the inability of and to permit pursuant to § 56 paragraph walks. 6 the third sentence
the prior consent of the sickness insurance institution, can enable this
change or these walks only on the basis of prior agreement,
h) assessed during the temporary incapacity, whether the insured person
There has been a recovery of working capacity, and after a period of 180 calendar
the days of temporary inability to work together with the competent authority of the physician
sickness insurance is to evaluate whether the insured's health status
stabilized,
and indicate when the release of) medical devices, which
provided inpatient care, if its health policyholders
does not allow to perform the current operation of the insured, on the decision of the
the emergence of temporary inability to work the day of the release of the medical
the device, which was granted total care and place of residence, where the
the beneficiary will be after this release, and the fact
arguably, no later than the second day after the announce the release of the insured person
the competent authority of the sickness insurance,
(j)) confirm the insured persons on the prescribed form at least once a month
for the purposes of payment of benefits or compensation, salary or wages
pay or reduced salary (minus bonuses) at the time of temporary work
the inability of the duration of the temporary incapacity, and the date of issue of the
This confirmation or not more than 3 calendar days in advance; If the temporary
incapacity to work for more than 14 calendar days, and for the period from 1.
January 2012 to 31. December 2013 longer than 21 calendar days,
required to confirm the insured persons for the purpose of providing compensation wages (salary)
or a reduced salary (reduced reward) its duration to 14.
calendar day, and in the period from 1. January 2012 to 31. December 13 to 21.
calendar day after the date of its establishment,
to record in the decision) the emergence of temporary inability to work day
the takeover of the insured person to his care and the insured's date of release from your
care, the day of embarkation to provide inpatient care and day their provision
inpatient care and day further treatment or control; If policyholders when
the release of the medical facility, which was provided by the bed
or a comprehensive Spa sanatorium rehabilitation care his health
does not allow to perform the current operation of the insured, or does not take the
This activity, to fulfil the obligations of the job seekers, provide
the term to which the beneficiary is obliged to attend to check
temporary incapacity, the attending physician and the maximum
the seventh calendar day after the date of their provision of inpatient or
comprehensive rehabilitative care, Spa
l) inform in writing the termination of the temporary incapacity, the length of the
its duration, and the diagnosis, for which the insured person was temporarily recognized work
invalid, the doctor who registers the policyholder ^ 42), and up to 7
calendar days, if the insured person is temporarily disabled by another
doctor than his registering the provider of health services
in the field of general practical medicine (hereinafter referred to as "registering the doctor");
If the beneficiary is a soldier by profession, is obliged to inform the 7
calendar days of the emergence of temporary inability to work,
m) to decide on the termination of the temporary incapacity, in cases
referred to in section 59 paragraph. 1 (a). and (j))) up to the day, in which he found that the
applicable reasons for temporary incapacity,
n) tell policyholders on the prescribed form, change the diagnosis of the disease,
justifying the temporary incapacity, and the latest in
working day following the day on which the change decided, and
the competent sickness insurance institution on the prescribed form
a major change in the diagnosis of a disease that warrants the temporary working
the inability to, and no later than 7 calendar days; fundamental change
the diagnosis here means a change in the nature of a diseased process or change its
etiology,
about) notify the competent authority of sickness insurance and employers
violations of the mode temporarily unable to work, the insured person and the latest in
the next working day after the date on which the learned of the breach,
p) provide the necessary synergies to the competent authority, the health
insurance when checking the assessment of temporary incapacity,
in particular, to allow the implementation of this control at their workplace or in
to this end, the competent sickness insurance institution, and to communicate the
staff sickness insurance institution authorized to check
compliance with the mode temporarily unable to work the insured person or
the employees of the employer authorised to perform this check on the
demand the facts needed to conduct inspections, including
set the mode temporarily unable to work, the insured person
where are these employees are entitled to check compliance with this
mode,
q) notify the competent authority of sickness insurance in the prescribed
the release form is temporarily unable to work from their care and the insured person
taking over temporarily from work insured another incompetent care
the attending doctor in your care, and no later than on the working day
following the date on which this occurred,
r) notify the competent authority of sickness insurance the change of registered office
health services provider, or a change in their workplace,
with pracovnělékařských service providers) to pass on his request,
a report on the health of insured persons temporarily unable to work and about
the progress and anticipated duration of temporary inability to work;
pass the pracovnělékařských provider service message on health
the status of insured persons temporarily unable to work whenever it is reasonably
the assumption that in connection with the disease there is a change or loss of
the medical fitness to carry out the current job,
t) ensure the appropriate forms to be used for the purposes of the implementation of the
insurance against misuse and to inform without delay the competent authority of the
sickness insurance loss, destruction or damage of the prescribed
the forms,
for lead in medical documentation) information about the temporary work
the inability of the result of their own, including records of the examination and the medical
messages taken by other doctors and fill out the necessary information on the
prescribed forms
communicate in writing or in) in electronic form to the employer temporarily
work: the insured person at his request, the information referred to in section 65
paragraph. 2 (a). (b)), and no later than on the working day following the day on
the receipt of this request, and further, in writing or in electronic form
They shall forthwith communicate that examination found that the State of health of the insured person
is stabilized and is the assumption that the beneficiary will not be able to
to perform the current operation of the insured that his temporary work
the inability to be terminated under section 59 paragraph. 1 (a). (b)) and that this
the premise is the reason for a medical examination by the provider
pracovnělékařských services for medical reasons under section 62,
w) in the cases provided for documents or forms, in accordance with the
the law of the European communities and with international treaties,
x) inform the insured person that does not have permissions for the specified time
to decide in matters of temporary inability to work [section 79 (1) (a).
(c))],
s) indicate in the decision about the termination of temporary inability to work day
their temporary incapacity under section 59 paragraph. 2,
inform the insured of his) obligation to undergo pursuant to § 64 paragraph.
1 (a). q) pracovnělékařských services provider for medical examination
for health reasons, because of his temporary incapacity will be
terminated under section 59 paragraph. 1 (a). (b)), and to submit this information to make
in the medical record documentation.
section 62
The obligations of the employer and provider of pracovnělékařských services
(1) the employer shall, after receipt of the communication of the attending doctor
under section 61 (a). in the end) about the temporary incapacity
the employee pursuant to section 59 paragraph. 1 (a). (b)), indicating that there is a presumption
that the beneficiary will not be able to perform the current operation of the insured, and
that this assumption is the reason for a medical examination by the provider
pracovnělékařských services for health reasons, apply immediately
pracovnělékařských services provider to perform this inspection with the
giving reasons.
(2) the provider of pracovnělékařských services is obliged on the basis
the application of the employer referred to in paragraph 1 carry out a medical examination of
for health reasons and to issue within 7 days and in case of need
DGA has conducted health condition within 15 days of the opinion of the health eligibility
or unfitness of the insured person being unable to perform work temporarily
the current activity of the insured and this opinion to send or forward
the policyholder, his attending doctors and employers who asked for
to perform this inspection.
section 63
Permission of doctors and providers pracovnělékařských service
(1) the attending physician is in assessing the State of health for the purposes of
temporary disability shall be entitled to request
and the assistance of the competent authority) the physician's sickness
determination and control of the incompetent insured persons temporarily work mode and when
evaluation of the health status and course of the disease,
(b)), from the competent authority of the health insurance information on the average
the duration of a temporary incapacity for individual diagnosis
and expertise of the attending doctor, in the regional and national average for
the previous calendar year,
(c) information from the employer about the) working classification, caseload and
working conditions of the policyholder and of the provider pracovnělékařských
services,
(d)), from the competent authority of the health insurance information for drawing
support period for entitlement to sickness for temporary work:
the insured person,
(e)), from other bodies information about the time limit laid down for repair or
the acquisition of new orthopaedic and compensation AIDS or for more information,
which are in direct relation to the assessment of temporary incapacity.
(2) the provider of pracovnělékařských services is entitled to request
the report of the physician about the health of temporarily unable to work
the insured person and the progress and anticipated duration of temporary work
the inability of the. Pracovnělékařských services provider is entitled to invite
temporarily unable to work, the insured person whose temporary work
incompetence has been terminated under section 59 paragraph. 1 (a). (b)), to be in the specified
the term came to perform medical examinations for medical reasons
in order to issue an opinion on the medical fitness or unfitness
the insured person to perform the current operation of the insured.
Part 4
The obligations and privileges temporarily unable to work the insured person
section 64
(1) the beneficiary, who is temporarily incapable of work, is required to
and observe the mode temporarily work): the insured person,
(b) to allow the competent authority) sickness insurance and the extent of
referred to in section 65 paragraph. 2 (a). (c) the employer) also check compliance with the
mode temporarily unable to work and provide the necessary insured
the synergy for the implementation of this control, in particular mark the necessary data
place of residence at the time of temporary inability to work, so that it can be
perform this check; When this control is temporarily unable to work
the beneficiary shall be required to prove your identity and submit a decision on
the emergence of temporary inability to work,
(c)) appear in the specified term for attending physicians or doctors
the competent sickness insurance institution to review the assessment of the
health status and temporary incapacity,
(d)) to submit to the competent authority of the doctors health insurance documents
you need to check the health assessment and temporary work
for this purpose, and also to prove their identity,
(e)) to be subject to challenge on the sickness insurance institution examinations
the health status of the doctor and the sickness insurance institution for examination
provider of health services, which shall designate the authority of sickness
insurance, if it is necessary to review the assessment under section 74 or
the assessment referred to in section 80,
f) notify the competent authority of sickness insurance, where applicable,
the employer, if the employer has made control, the reasons for its
the absence in the place of residence at the time of checking compliance with the mode temporarily
the work of an incompetent beneficiary no later than on the working day
following the date such control, if appropriate, the date on which it
learned,
(g)) appear in the specified term after their provision of inpatient or
complex Spa sanatorium rehabilitation care to attending physicians to
check the temporary incapacity [§ 61 (b))], or
If he has serious reasons, discussed with the treating physician within this period
another term,
(h)) to tell the dentist or physician in recognition of temporary incapacity
place of residence, which shall at the time of temporary incapacity
delay,
I ask in advance) of the attending doctor for authorization to change place of residence in the
the time of temporary incapacity, if he wants to change this location in the
the cases referred to in § 56 paragraph. 3 the first and third sentence,
(j) report to the attending physicians) changes to the information about the current insured
activities and employers,
to demonstrate, in the case referred to) in section 57, paragraph. 1 (a). (d) attending)
doctors, after which time it will take to fix, or the acquisition of a new orthopaedic
or compensatory AIDS,
l) cast in their temporary incapacity for attending
the doctors decisions about the emergence of temporary inability to work,
m) to tell the dentist or physician, who is his employer, or whether it is
self-employed or whether it is a foreign
an employee; If the beneficiary has more employers, says all of its
the employer,
n) pass a written confirmation of the authority of the dentist or physician in sickness
insurance that is not entitled to financial assistance in maternity from any
insured activities, if it is to be recognized by the temporary incapacity pursuant to
section 57 paragraph. 1 (a). (f)),
tell the dentist or physician about) the registering of a doctor and contact him,
p) to pass to the employer without delay the decision on the creation of a temporary
incapacity and the decision on termination of temporary work
the inability of the (quarantine), its duration, and the decision on the
change the mode temporarily unable to work and inform the insured's
the employer in advance of the change of the place of residence at the time of the first 14
calendar days of temporary incapacity and from 1. January 1, 2012 to
31 December 2013 in the period of the first 21 calendar days of temporary work
the inability, or belongs to policyholders after the expiry of this period, the
at the time of temporary incapacity longer pensionable income [section 16
(a). (b))], also in the period, after which, at the time the temporary work
the inability of the income belongs to,
q) appear on the invitation of the employer or provider
pracovnělékařských services within 7 days for a medical examination by a doctor, who
for the employer provides occupational health services, for the purpose of
the assessment of medical fitness to perform the current operation of the insured
and to provide the assistance services provider pracovnělékařských
needed to perform this inspection, as its temporary work
the inability to be terminated under section 59 paragraph. 1 (a). (b)).
(2) the insured person is entitled to request the competent authority, the health
insurance, and in the case of a member, whether or not the competent business unit,
information about drawing support time for payment of the sickness.
Part 5
The duties and privileges of the employer
section 65
(1) the employer is obliged to inform without delay upon request to the competent
the sickness insurance institution and attending physicians information
and pracovnělékařských services, service providers)
(b)), the working classification of the contents of the work and the working conditions of temporary
the work of an incompetent employee.
(2) the employer shall be entitled to
and give the competent authority) sickness insurance initiative to control
merits tests are applied the duration of temporary incapacity and to check
compliance with the mode temporarily unable to work, the insured person with respect to his
the employee,
(b)) should, in writing or in electronic form from the physician
information on the place of residence of the employee at the time of temporary work
insolvency and of the extent and time walks allowed,
(c)) to check whether the employee in the period of the first 14 calendar
days and from 1. January 2012 to 31. December 2013 in the period of the first 21
calendar days of temporary incapacity or belongs to
insured persons after the expiry of this period, in the time of temporary work
the inability to continue to be pensionable income [section 16 (b))], whether or not in the period
After that at the time of his temporary disability income belongs,
complies with the obligations provided for in § 56 paragraph. 2 (a). (b)).
TITLE III
ASSESSMENT OF WORKING CAPACITY AFTER THE SUPPORT PERIOD
section 66
(1) sickness insurance institution shall be assessed on the basis of the request
temporarily unable to work the insured's health authority
insurance, whether you can expect this support to the beneficiary after the expiry of
the time it takes in the short time working ability (section 27), and even to other than
the existing insured activities.
(2) to the assessment referred to in paragraph 1, the sickness insurance institution
shall be entitled to request the attending doctor on the expression of health
temporarily unable to work and the presentation of the insured's medical reports,
the findings and opinions and reports on the progress of the disease; the doctor is obliged to
This request within 8 calendar days from receipt of this
request, unless the sickness insurance institution longer period.
TITLE IV
ASSESSMENT OF THE HEALTH STATUS FOR THE PURPOSES OF THE PROVISION OF FINANCIAL ASSISTANCE IN THE
MATERNITY, OŠETŘOVNÉHO AND THE COMPENSATORY ALLOWANCE IN PREGNANCY AND
MATERNITY
Part 1
Assessment of the health status for the purposes of the provision of financial assistance in the
maternity
§ 67
The doctor is, for the purposes of the provision of maternity
shall be obliged to
and insured) to establish the expected date of childbirth pregnant and this day
confirm on the prescribed form,
(b) a prescribed form) to confirm that the pojištěnka gave birth, and day
If the insured's birth, the maternity benefit paid
before the date of delivery,
(c)) to perform the duties of the attending doctor referred to in section 61 (a). t) and w),
(d) the prescribed form) to confirm that the mother of the child cannot or must not
about child care for serious illness [section 32 (1) (a).
(d))], for that would be recognised temporarily incapable of work under section 57, paragraph.
1 (a). (e)), if it was pojištěnkou.
Part 2
Assessment of the health status for the purpose of providing ošetřovného
section 68
The emergence and disappearance of necessary treatment or care
(1) the attending physician shall decide on the creation of appropriate treatment, if
the examination finds that the
and a child under 10 years of age) is sick or suffered injury,
(b)) a person who has achieved at least 10 years, is sick or suffered an injury and
her medical condition requires urgent treatment of another person,
(c)), the woman who gave birth to, requires a due status in the period immediately
After the birth, necessarily care for another person,
(d)) of the natural person who otherwise cares for a child under 10 years old, fell ill,
suffered an accident, occurred at her situation referred to in section 57, paragraph. 1 (a). (b)) or
(c)) or gave birth to, and therefore cannot take care of this child.
(2) the need for care begins on the date on which her doctor found.
The doctor may decide in appropriate cases that the need
the treatment was an earlier date than the date referred to in the first sentence,
but not more than 3 calendar days prior to the date in which the need for care
found.
(3) the physician shall decide on their treatment needs,
and if the examination finds) that need the treatment referred to in paragraph 1
had passed, and that day, when discovering this, or at the latest
the third calendar day following the date of this examination,
(b)) If a natural person referred to in paragraph 1 (b). (b) to (d)))
does not appear to the treatment or control of health or a person
providing care for a child under 10 years is not calling to check
necessary care with this baby, and this on the day that it was designed,
without this person demonstrated the existence of serious reasons for that
This treatment or control could not attend; the need for nursing
ends on this day.
(4) the Attending Physician issued on forms prescribed by the decision of the
creation of necessary care, decisions on their treatment needs,
confirmation of the need for care and the duration of treatment needs. These
the forms shall not contain statistical diagnosis ^ mark 41) or other
the figure, which can be inferred from the diagnosis.
(5) does not detect if a doctor after the examination of the grounds for the issue of
the decision on the creation of appropriate care, but the beneficiary requires
the release of this decision, it shall issue a decision that the doctor needed
care for none; on this decision and to the further procedure shall apply
special legislation on the provision of ^ 76) of specific health
services. This special legal regulation also applies to the procedure in
disagreeing with the decision about their care needs in accordance with paragraph
3.
§ 69
The obligations of the physician
The doctor is in assessing the needs of the care required to
and decide on the creation of necessary) treatment in the day when it has detected, and
confirm to the policyholder at least once a month on a prescribed form
the duration of care needs, and the date of issue of this certificate, or
not more than 3 calendar days in advance,
(b)) to keep a record of decision issued by appropriate treatment;
This registration is valid for the requirements of section 61 (a). (b)),
(c)) to pass, or the person insured persons with the need for treatment or to its
the wizard, the decision of the appropriate treatment and a decision on the
their care needs, and on the day they were issued,
(d) as requested by the physician) to establish the competent authority, the health
term insurance checks for the purposes of an audit of the assessment
appropriate treatment and to this end, the person with the need to care for
call to check
e) to decide on the termination of the necessary care in the cases referred to in §
paragraph 68. 3 on the day, when he discovered that the need doesn't take care,
(f)) provide the necessary synergies to the competent authority, the health
insurance when checking needs assessment processes, in particular, to allow the
to perform this inspection at their workplace or in order
come to the competent sickness insurance institution, and to communicate the
staff sickness insurance institution authorized to check
on demand the facts needed to perform the checks, and to the extent
in which the sickness insurance institution is entitled to this control
perform,
g) lead in the medical documentation of the information about the needed treatment
on the basis of its own examination and medical reports taken in other
the doctors,
(h)) to perform the duties of the attending doctor referred to in section 61 (a). t) and w),
I inform the policyholder in advance), that after a fixed period, does not have permission
to decide on matters necessary care [section 79 (1) (b) (c))].
section 70
The obligations of the provider of health services
Provider of health services is required to confirm in writing on the request of the
the insured person's sickness insurance receipt or authority of the persons treated.
to provide inpatient care in a medical device for this
provider (section 40 (3)).
section 71
Obligations of the insured
To the beneficiary, who is ošetřovné, is obliged to challenge the attending
the doctor, who delivered the judgment of the needs of the care, or authority
health insurance come to attending physicians or doctors
the sickness insurance institution with the person with the need to care for
check the health assessment and appropriate treatment.
section 72
The permission of the employer
The employer is entitled to give the competent sickness insurance institution
the initiative to review the merits tests are applied needs care, if the insured person,
who is ošetřovné, his employee. If the employer put under
the first sentence the initiative to review, at the request of the authority is obliged to sickness
insurance to disclose to him the data needed for the implementation of this control.
Part 3
Assessment of the health status for purposes of the granting of compensatory
contribution in pregnancy and maternity
section 73
(1) the provider of pracovnělékařských services decides that they are made
the reasons referred to in § 42 paragraph. 1 to convert the pregnant pojištěnky,
pojištěnky to the end of the ninth month after childbirth or pojištěnky, which
breastfeeding, on another job or other place of business, if the examination
It finds these reasons; the decision on the prescribed form.
(2) if the service provider does not detect the pracovnělékařských of services during the examination
the reasons for a decision under paragraph 1, but requires the release of pojištěnka
in this decision, shall issue a decision to the effect that the work or
activities arising from the staff regulations classification or function to which the
established, does not affect her pregnancy or maternity, health to the end
the ninth month after childbirth or the ability to breastfeed; on this decision and
the next procedure is applied special legislation to provide 38 ^ ^)
health services.
THE HEAD OF THE
CHECK THE HEALTH STATUS ASSESSMENT FOR INSURANCE PURPOSES
§ 74
(1) sickness insurance institution performs your doctor control
and the accuracy of the assessment of health status) and temporary work
insolvency and needs care and accuracy and completeness of the management
medical documentation in this assessment,
(b) carry out the duties of doctors) in the assessment of health
status and temporary incapacity and care needs.
(2) the assessment of temporary incapacity for work shall be carried out on the
the workplace physician or another place designated by the doctor
the sickness insurance institution, and it's usually for personal participation
the period considered, the policyholder; the sickness insurance institution may
specify the cases in which the presence of the period the insured person is not
the necessary. This applies, mutatis mutandis, for the control of the assessment of the needs of
the treatment.
(3) on the control of sickness insurance institution shall draw up the minutes, which
forwards a copy of the dentist or physician.
(4) the Attending physician is required to provide doctors, the health authority
insurance necessary synergies when checking, in particular, to allow the input to the
their work and submit required medical documentation.
(5) on the basis of negotiations with the treating doctor, the health authority
the insurance provides for a schedule of checks, the assessment of temporary work
the inability of the workplace physician, and the physician
It shall inform in writing. A timetable must be set for at least 3
months.
(6) if there is a reasons to perform extraordinary inspection assessment
for the purposes of the health insurance authority
sickness insurance shall be obliged to inform the attending doctor
no later than 2 working days before the date of the inspection.
(7) The procedure for assessment of health inspection for the purposes of
Insurance Control Act does not apply.
§ 75
(1) where the authority of the health insurance that are the reasons for their
temporary incapacity or care needs, decide on the
their temporary inability to work or the need for care, if
It did not close the attending doctor, on the prescribed form.
(2) this decision shall be enforceable on the day on which the decision is given in the
as the day of their temporary inability to work or the day of termination of the
necessary care, but not earlier than the date of its publication an oral
present or written delivery missing policyholders insured persons.
If the beneficiary personally, not participate in the checks referred to in section 74, paragraph. 2,
without having demonstrated the existence of serious reasons for his non-participation, the decision is
enforceable on the day of the inspection.
§ 75a
(1) no later than 30 days before the expiry of the period of support, shall assess
the doctor together with the physician the sickness insurance institution
the health status and the progress of the temporary incapacity
insured persons in order to determine whether the
and) can be expected to support the beneficiary before the expiry of the time it takes
working ability,
(b)), there are health reasons for the assumption that the beneficiary will take
ability to work in a short period of time after the expiry of the period of support, or
(c) the State of health of the insured person) is a long-term negative, according to the law on the
pension insurance.
(2) with the result of the assessment referred to in paragraph 1, the familiar doctor
the insured person and in the follow-up to the outcome of this assessment of him at the same time
inform about the possibilities for further progress.
(3) for the conduct of an evaluation of the health status and earlier during the
temporary disability applies to section 74 paragraph. 2 and 4 apply mutatis mutandis. This
evaluation and its outcome shall be recorded in the medical doctor
the documentation.
TITLE VI OF THE
CHECKING COMPLIANCE WITH THE SCHEME WORK FAILURE TEMPORARILY INSURED
§ 76
(1) the checking of compliance with the scheme work failure temporarily insured
the competent sickness insurance institution responsible for the employees of the
its own initiative or on the initiative of the insured person's physician or
of the employer. If instigation to perform this check, the attending
the doctor or employer, this authority shall be obliged to perform a check in 7
days from the receipt of the application and on the outcome of the checks of the applicant without delay
inform in writing.
(2) on the control of compliance with the scheme work failure temporarily insured
to provide a written record, in which the result of the inspection shall be entered. If
checking compliance with the scheme was temporarily unable to work
insured persons found in breach of this mode, be sent to the authority of the sickness
insurance record of inspection work, provisionally but under ineffectual policyholders
attending physicians and employers.
(3) the credentials of staff sickness insurance institution conducting
monitoring of compliance with the scheme work failure temporarily insured persons are
required to prove the card with photo issued by the health authority
the insurance. The particulars of the card laid down detailed legal prescription.
(4) has made the checking of compliance with the obligations provided for in § 56 paragraph.
2 (a). (b) the employer pays) paragraph 2 by analogy with the fact that the record
the employer shall also be sent to the sickness insurance institution.
(5) The procedure for the assessment of compliance with the scheme temporarily unable to work
the law on the control of the policyholder shall not apply.
TITLE VII
THE SYNERGY OF THE PROVIDERS OF HEALTH SERVICES AND OF NATURAL AND LEGAL
PERSONS
§ 77
(1) the health services Providers are obliged, at the request of the authority
sickness insurance for the payment of
and) make the health status of a person who is required to
This examination to undergo pursuant to § 64 paragraph. 1 (a). (e)), for the purposes of
assessment of temporary incapacity or control assessment
temporary incapacity and the assessment of capacity to work after
end of support period and the health status of persons for the purposes of
the assessment of the needs of the care,
(b)) to handle without the consent of the persons referred to in point (a)) of medical documents
in the range specified by the sickness insurance institution, they may need to
health assessment and capacity to work and for the control of
temporary incapacity and care needs.
(2) the health services Providers are obliged to doctors of the institution
health insurance, on request and without the consent of the persons referred to in
paragraph 1 (b). and to communicate the information required) for free to check the
assessment of the health status and temporary incapacity, to allow
doctors health insurance authority inspection of the medical
documentation and the time necessary for rent doctors authority
health insurance medical documentation in the range specified
the sickness insurance institution.
(3) the provider of health services fulfils the obligations referred to in paragraphs 1 and
2 within the time limit specified by the authority of the health insurance, and if this time limit is not
intended, within 15 calendar days from the date on which the request is received.
(4) the amount of the remuneration for the performance in accordance with paragraph 1 shall be governed by a list of health
performance with point values ^ 43) and by a special legislation ^ 44).
Payment of the one who provides the performance requested, on the basis of
the Bill submitted by the provider of health services. This is true
by analogy to the refund of postage for sending medical records
in accordance with paragraph 2.
§ 78
Natural and legal persons who carry out or expose the
repair or sale of Orthopedic or assistive devices, to
the obligation to provide upon request, free of charge, information about the time limit set for the
repair or the acquisition of a new orthopaedic or compensatory aids or
other information, which are in direct relation to the assessment of temporary work
the inability of the, which was created under section 57, paragraph. 1 (a). (d)), the attending
doctors or health insurance to the competent authority.
TITLE VIII
THE PERMISSIONS OF THE SICKNESS INSURANCE INSTITUTIONS IN THE VIOLATION OF OBLIGATIONS
DOCTORS IN HEALTH ASSESSMENT FOR INSURANCE PURPOSES
section 79
(1) sickness insurance institution is entitled to when attending
the doctor breached his obligations in the assessment of the health status for the purposes of
insurance and for this violation, he was been fined under section
paragraph 138. 1,
and draw the attention of the founder) health services provider, or authority,
who decided on the permission to the provision of health services, and
the health insurance that the doctor violated the
obligations laid down by this law; This notification shall be accompanied by
a copy of the decision imposing fines,
(b) lodge a complaint) of the Czech Medical Chamber or of the Czech dental Chamber
to initiate disciplinary proceedings with a doctor, according to a special legal
code ^ 45); This initiative shall be accompanied by a copy of the decision on the imposition of
the fine. The outcome of this proceeding must be sickness insurance institution
the Chamber within 1 month from the end of the informed in writing,
(c) a dentist or physician) to establish the ban decisions in matters relating to the temporary
incapacity or needs treatment for a period of up to 2 years, if
the fine was imposed for the administrative offence referred to in section 138, paragraph. 1 (a). l)
or if a fine has been imposed for the administrative offence referred to in section 138, paragraph.
1 (a). m) and in the period of one year after the imposition of the fine decided to
sickness insurance institution under section 75, paragraph. 1 again on their
temporary disability or the need for care, and nursing
the doctor was on the possibility of fixing this prohibition in writing notified; If
a legal person, the attending physician can save this prohibition only to the
doctors, which caused that in this period of one year was again
the sickness insurance institution decided to end the temporary work
the inability or the need for care.
(2) the sickness insurance institution is obliged to notify the relevant
a health insurance company that
and the average duration of one) temporary incapacity pursuant to
the skill of the doctor laid down over a period of at least 6 months in the framework of the
temporary work inability, decided the same treating
the doctor, diverges significantly from the regional or national average,
the duration of a temporary incapacity established by that authority,
(b)) the doctor through prior written warning violates
the obligations provided for in § 61, 67 and 69.
§ 80
(1) in the case of prohibition decisions pursuant to § 79 paragraph. 1 (a). (c)) carried out
physician decision-making in matters of temporary incapacity
and the need to care for the duration of the ban, the health authority
insurance that this ban has set, if you choose the beneficiary's
another physician or if otherwise in section 82, paragraph.
5. the sickness insurance institution yet satisfies the obligations
physician referred to in section 61 (a). and (b))), (d)), h), (j)), l) and (m)) and
section 68, leads the medical documentation of the course of temporary work
the inability, or necessary care to the extent necessary for the
decision-making, fills the necessary data on the prescribed forms,
pracovnělékařských service providers to communicate his request
the estimated duration of the temporary incapacity the insured person and
secures the appropriate forms to be used for the purposes of the implementation of the
insurance against misuse.
(2) when the decision making authority of the sickness insurance scheme in the cases referred
in paragraph 1, the
and apply the prescribed forms) under this Act, that use
the attending doctors,
(b)) shall not apply the provisions of § 56 paragraph. the third sentence of section 4, paragraph 57. 4, § 59
paragraph. 3 and section 68, paragraph. 5,
(c)) shall apply the provisions of section 75, paragraph. 2 the first sentence, with respect to their
temporary incapacity or care about their needs.
(3) when deciding matters of temporary incapacity or
the needs of the treatment referred to in paragraph 1 the doctors health authority
insurance are based on the medical reports and the reports drawn up by the
ošetřujícími doctors and other physicians and the results of its own tests.
(4) the Attending Physician, which was established by section 79 ban
paragraph. 1 (a). (c)), is required to send to the authority without delay and free of charge
sickness insurance as referred to in paragraph 1, at its request, the necessary
documents about the medical condition of the insured person.
PART THE FIFTH
THE ORGANIZATION AND IMPLEMENTATION OF THE
TITLE I OF THE
THE SICKNESS INSURANCE INSTITUTIONS AND THEIR RESPONSIBILITY FOR THE IMPLEMENTATION OF THE
INSURANCE
Part 1
The sickness insurance institutions
§ 81
(1) the insurance shall be carried out by the competent authorities of sickness insurance.
(2) the authorities of the sickness insurance scheme are
and the District Social Security Administration) ^ 46),
(b)), the Czech social security administration ^ 47),
(c)) the staff bodies,
(d)), the Ministry of labour and Social Affairs.
(3) the authorities of the service are
and the Ministry of defence)
(b) the Ministry of the Interior),
(c)), the prison service of the Czech Republic,
(d)), the Directorate General of customs duties,
(e)), the General inspection of security forces
(f) the Security information service),
(g)), the Office for foreign relations and information.
Part 2
The jurisdiction of the authorities of the sickness insurance scheme for the implementation of insurance
section 82
Substantive jurisdiction
(1) the insurance shall be carried out
and the District Social Security Administration) and social management
security, if the insured person referred to in section 5 (a). and) points 1, 3 and
13 and 15 to 22, with the exception of the insured the insured exercising activities
in custody, (hereinafter referred to as "employed persons") and of the insured person referred to in section 5 of the
(a). (b)),
(b)), the Ministry of defence, in the case of professional soldiers,
(c) the Ministry of the Interior), in the case of members of the police of the Czech Republic and
members of the fire brigade of the Czech Republic,
(d)), the prison service of the Czech Republic, if the members of the prison service
services of the Czech Republic and, in the case of the prisoners in the prison sentence
freedom put out to work, the person in the performance of security detention
included in the work and activities of the insured the insured person engaging in custody
(hereinafter referred to as "convicted person"),
(e)), the Directorate General of customs duties, in the case of members of the customs administration of the Czech
of the Republic,
(f)), the General inspection of security forces, in the case of nationals of
The General inspection of security forces,
(g) the Security information service), if the members of the Security
information services,
(h)), the Office for foreign relations and information, with respect to members of the authority
for foreign relations and information.
(2) where a claim for benefit in the protective period, carried out the insurance
sickness insurance institution, which was responsible for the implementation of the insurance
from the insured the activities from which the withdrawal period passes, if it does not provide
otherwise in paragraph 3 or 4.
(3) If a natural person at the same time as the group insurance beneficiary
referred to in paragraph 1 (b). and even as the beneficiary) referred to in paragraph 1
(a). (b)) to (h)) and a claim to benefits from both of these insurance
benefits shall be paid by the sickness insurance institutions, that are relevant
to implement the members of insurance; in doing so, these authorities shall fulfil the tasks that
against the insured referred to in paragraph 1 (b). and District Administration)
social security and which relate to the determination of the amount and payment
benefits of reduction or withdrawal sickness when violations of the mode temporarily
the work of the insured's failure to fulfil its obligations and participation in
control of compliance with the scheme according to § 64 paragraph. 1 (a). (b)) and
the regression of the refund.
(4) the control of temporary incapacity under section 74, paragraph. 1
the insured person, who was a member and of which the temporary incapacity
formed in the course of employment and after termination of his or
formed after the termination of service in the trade deadline, and the assessment of
working ability after the support period (section 66)
the insured person performs the District Social Security Administration, and it's always on
the basis of the request of the competent institution.
(5) in the case of prohibition decisions pursuant to § 79 paragraph. 1 (a). (c)) established
of the service authorities referred to in section 81, paragraph. 3 (b). e), (f) or (g)))
These authorities may ask the District Social Security Administration to
decision-making in matters of temporary incapacity and the need
the treatment has taken place the following official bodies; the district administration
social security is required to comply with this request. Insured persons about
This acceptance shall inform the authorities of these staff.
section 83
The local jurisdiction of the District Social Security Administration
(1) the jurisdiction of the District Social Security Administration for
the implementation of the
and employees, including control) insurance obligations
employers in insurance is governed by the Head Office of the employer, if this
the seat is the same as the place of payroll or if the employer does not
Payroll section; If the employer has payroll and payroll location
the accounting department is not identical to the registered office of the employer, the local
the jurisdiction of the District Social Security Administration place payroll
the accounting department,
(b)) the insurance of self-employed persons, including monitoring the implementation of
their responsibilities in insurance is governed by the place of residence of the person
self-employed. If the self-employed person
permanent residence on the territory of the Czech Republic, governed by a local jurisdiction
the District Social Security Administration place reported residence ^ 6)
The Czech Republic. If the self-employed person is a permanent resident
on the territory of the Czech Republic or reported staying in the Czech Republic, the
the local jurisdiction of the District Social Security Administration place
self-employment; If several separate performance
self-employment is locally appropriate District Social
security, according to a statement in the circumference of the self
self-employed outweighs the performance of self-employment.
(2) the jurisdiction of the District Social Security Administration shall be governed by
and the place of work) of the attending doctor, who leads the policyholder in
registration is temporarily incapable of work, if the record temporarily
the work of incompetent policy holders and control assessment of the health status of
for the purposes of insurance and, in the cases referred to in § 79 paragraph. 1 (a). (c)) and section
paragraph 84. 2 (a). and) point 5,
(b) the insured person's place of residence) at the time of temporary incapacity
designated pursuant to § 56 paragraph. 2 (a). (b)) (a). 3 or under section 64 paragraph. 1
(a). (g)), if the checking of compliance with the scheme temporarily unable to work
the insured person,
(c) the insured person's place of permanent residence), if the beneficiary instead of the Permanent
stay on the territory of the Czech Republic, where appropriate, the place of residence of the reporting in
The Czech Republic, or the place where it resides on the territory of the Czech Republic,
If the beneficiary does not have a place of residence in the territory of the Czech Republic, or
place the reporting stay, if jurisdiction cannot be determined in accordance with paragraph 1
or under (a)), or (b)),
(d)) based public health protection authority, which ordered the quarantine.
(3) where a claim for sickness or maternity in
withdrawal period, the local jurisdiction of the district administration of social
the security referred to in paragraph 1 as it took further insurance, from
which entitlement to such benefits.
(4) the jurisdiction of the District Social Security Administration in the management of
administrative offenses shall be governed by
and in accordance with paragraph 1 (b)). and), in the case of a misdemeanour or administrative offence
committed by the employer or the offence committed by the policyholder, which
the offense he committed as an employed person,
(b) in accordance with paragraph 1 (b)). (b)), if the offence committed by the policyholder,
that the offence was committed as a self-employed person,
(c) the insured person's place of permanent residence) or other natural persons, if the
the offense committed by the policyholder or another natural person, and if you cannot
specify the local jurisdiction under (a)), or (b)),
d) based provider of health services, with respect to the administrative tort
committed by a provider of health services
e) based legal persons, if the administrative offence committed by legal
person and you cannot specify a local jurisdiction under (a)), or (d)).
(5) If a local jurisdiction District Social Security Administration
determine in accordance with paragraphs 1 to 4, or if it would be locally relevant, more
the district administrations, the social security administration provides for social
the security of the district administration of social security, which will be appropriate
for the implementation and control of the insurance obligations of the insurance.
(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 to the local jurisdiction for implementation of insurance, including checks
fulfilment of the obligations of employers in insurance provided for under paragraph
1 (a). and District Administration) to another social security scheme, if it is
appropriate in terms of the implementation of the insurance. The delegation of the decision referred to in
the first sentence can be issued only after previous consultation with the employer,
to which the delegation relates; in proceedings of the delegation shall not apply the provisions of
administrative procedure on the expression of the participants to the documents, the launch decision
This control is usually not notified to the participants and in the decision on the
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
Similarly. The decision of the Czech social security administration in matters
the delegation shall be published on the official boards of the affected district administrations
social security and the social security administration and the way
enabling remote access, and before the date on which occurs the
the delegation or to change or revoke the delegation.
(7) the provisions of paragraphs 1 to 4 shall apply, unless otherwise provided in this
the law otherwise.
TITLE II
TASKS AND PERMISSIONS WHEN PERFORMING INSURANCE
Part 1
Tasks and permissions of the sickness insurance institutions
§ 84
The tasks of the district social security administrations
(1) the District Social Security Administration in the implementation of the insurance
employed persons and self-employed persons perform the tasks
by this Act the authority of health insurance, if it is not a
the tasks that this implementation performs the Czech administration of social
Security.
(2) the District Social Security Administration
and) decide in the first instance in matters of insurance referred to in paragraph 1, and
it:
1. on the occurrence, duration and dissolution of insurance, where a dispute over participation in the
insurance,
2. the granting of benefits and their withdrawal, on the cessation of payment of benefits and the
change of the amount of benefits,
3. a refund of overpayment on the dose,
4. for the payment of sickness after the expiry of the period of support,
5. the termination of the temporary incapacity or the need for care in the
the cases referred to in section 75, paragraph. 1,
6. compensation of the regression,
7. about administrative offences,
8. establishing the prohibition in § 79 paragraph. 1 (a). (c)),
9. the matters referred to in section 80 (2). 1,
10. in other cases provided for in this Act,
(b)) within the deadlines set benefits shall be paid,
(c)) shall be issued to the insured written notification of the type of benefits paid by them,
the daily amount of benefit, the amount of the daily assessment base and the time at which the
the batch was paid, and written notice of the amount of the overpayment to the
sickness, which is obliged to pay to the beneficiary due to the reverse
the granting of old-age pension or disability pension for disability
the third degree, and the period for which the overpayment was calculated,
(d)) shall be issued to the insured written notice of the settlement benefits under section 124
paragraph. 8,
(e)) shall keep a register associated with the payment of the levies,
f) shall keep a register of employees and self-employed persons,
the insurance shall be carried out, including the evidence of periods of insurance and registration
deadlines and podpůrčích time and other supporting documents for the payment of benefits, register
employees and self-employed persons temporarily work
incompetent and ordered quarantine, and the register of insured persons with an entitlement
on the payment of benefits according to the type of benefits,
g) shall keep a register of the decision on violation of the obligations of doctors
associated with assessing and certifying health status and temporary
incapacity for insurance purposes and allow the attending
doctors look into this evidence, if it is a decision that they
concern,
h) shall keep a register of employers who fall within their local
jurisdiction,
I) control the fulfilment of the obligations of employers and the persons separately
self-employed in the insurance and other legal obligations
or natural persons imposed on them by this Act,
j) shall check compliance with the mode temporarily incapable of work policy holders,
to expose the woman) does not satisfy the conditions for entitlement to financial assistance in the
motherhood, at its request, confirmation of this fact,
l) advise in writing and the employer's physician on the duration
temporary incapacity in the length of the 180 days, at least 15 days
in advance, and doctors, employers and insured persons,
provides sick leave, drawing support in the time length of 380 days and
at least 2 months in advance; the policyholder shall inform, at the same time doing what for
It means their support period and conditions of payment
sickness after the support period
m) shall inform in writing the self-employed and foreign
the employee about the demise of their participation due to non-payment of insurance
premiums for insurance, and not later than the eighth day of the second
calendar month following the month in which participation in the insurance
for this reason,
n) provide the treating doctors, employers and insurance policy holders
free of charge, forms to be prescribed under this Act, and the treating
doctors free envelopes intended for sending laid down reporting and
notification according to § 61 district social security administrations in
cases where the price of delivery of these items be effected, Czech
social security schemes under section 167b,
of the insured and employers) to provide free technical information
about insurance,
p) shall notify the attending doctors, which on the day ended up a claim to
sickness insured persons, that ends the insured activity and asks for the start
payment of the retirement pension from the date that falls within the period of the temporary
incapacity,
q) lead the necessary statistics and accounting in the area of insurance,
They shall inform the competent staff of the r) authority of the outcome of the assessment of control
temporary incapacity and the assessment of capacity to work after
the expiry of the period of support in the cases referred to in section 82, paragraph. 4 If the
This authority of the inspection or examination requested
transmitted to the Czech administration with) social security information needed to
keeping a register of insured persons the sickness insurance (hereinafter referred to as "the register
policyholders ") and the registry of employers,
t) issued at the request of the employer for the purposes of the calculation of the compensation for the
loss of earnings due to the work provided by accident or disease of the
the profession of a written confirmation of the full amount of sickness; This confirmation
expose the District Social Security Administration also on request
the competent staff of the Department for the purpose of calculating the compensation for the loss of the
the staff of reception.
(3) the District Social Security Administration on
and check the recording) temporarily incapable of work
insured persons and persons with the need to care for and control the accuracy and
the completeness of the medical documentation concerning the course of temporary work
the insolvency and the need to care for the health of a household member
the reasons for the attending doctor,
(b)) check the health assessment for insurance purposes
and record the minutes of this check,
(c)) shall check the fulfilment obligations laid down by this law, the treating
doctors,
(d)) give temporarily work but under ineffectual insured persons on the basis of its application
previous written consent to allow changes to the place of residence at the time of the temporary
incapacity (article 56, paragraph 3, third sentence) and attending physicians
prior written consent in the cases referred to in § 56 paragraph. 6 and § 57
paragraph. 3 and 5,
e) investigations on suggestions concerning the assessment of temporary work
the inability of the ošetřujícími doctors submitted medical insurance and incentives
the employer to control the temporary incapacity and the merits tests are applied
appropriate treatment,
(f) health insurance company) information from the assessment of
health status and temporary incapacity ošetřujícími doctors,
including information about the average duration of a temporary employment
the inability by the expertise of the attending doctor and the penalties awarded
attending physicians, in order to control the effective use of and
the provision of health care paid for by public health insurance,
(g)) be transmitted to the providers of health services and administrative office
competent pursuant to special legal regulation ^ 38), for the purposes of the proceedings of the
the proposal on the review of the decision on the appeal and the necessary copies of the handouts
for these proceedings, at their request,
h) ordering the health status of the insured's provider
health services, where this is necessary for assessing the health status of
and temporary incapacity,
I consider working ability) temporarily incapable of work after policyholders
end of support period
j) check the temporary incapacity, the appreciation of the
the State of health and of the earlier during temporary inability to work and
assessment of working capacity after the expiry of the period of support in cases of
referred to in section 82, paragraph. 4,
close to) temporary incapacity or the need for care in the
the cases referred to in section 75, paragraph. 1, and that the prescribed forms;
These tasks can be only a doctor.
§ 85
The Czech social security administration tasks
(1) Czech social security administration
and controls and monitors the activities) of the district social security administrations in
the area of insurance,
(b)) decides on appeals in matters relating to insurance, in which in the first instance
decided the District Social Security Administration,
(c)) is before the Court in proceedings for review of the decision in the matters
insurance,
(d) maintain a register of insured persons), as regards employed persons and persons
self-employed,
e) maintain a register of employers employing persons employed,
(f) issuing forms) prescribed under this Act, and
provides these forms free of charge, to the other institutions the sickness
insurance, attending physicians and other subjects that these forms
use; the agreement under section 167b and ensures the issue of envelopes
referred to in section 84, paragraph. 2 (a). n),
(g)) shall ensure the execution of tasks resulting from the law of the European communities
and the implementation of the tasks arising from international treaties in the field of insurance.
(2) the Czech administration of social security Doctors assessed work
the ability to work temporarily incapable of policyholders after the support
time and perform the tasks referred to in section 84, paragraph. 3 (b). (d)), and (j)) for the purposes of
the appeal proceedings.
§ 86
The tasks of the official authorities of the
(1) the staff bodies in the fields of its competence in the implementation of the insurance
members and insurance of sentenced persons shall carry out the tasks laid down in this
the sickness insurance act authority, unless the tasks in
This implementation performs business services, prisons and the Constitution for the exercise of
security detention.
(2) the staff bodies in the fields of its competence
and) perform the tasks referred to in section 84, paragraph. 2 (a). and), g), (j)), n) and o),
(b) the register of employment services),
(c)), register of insured persons, in the case of members and of the sentenced person,
(d)) shall check the fulfilment of obligations of employment services in insurance,
(e)) shall perform the functions referred to in section 84, paragraph. 3 (b). and i)) k) and section 85, paragraph.
1 (a). (c)), and (g));
the tasks referred to in section 84, paragraph. 3 (b). and when i can)) to perform only a doctor.
§ 87
The tasks of the Ministry of labour and Social Affairs
The Ministry of labour and Social Affairs
and controls and monitors the performance of) State administration in insurance,
(b) coordinates and directs the implementation of) insurance in relation to the Czech administration
social security and staff authorities,
(c)) and checks the Czech govern the social security administration in the implementation of
insurance,
d) monitors the effective spending of the State designated to insurance.
section 88
Removal of hardness
The Ministers of labour and Social Affairs, defense and Home Affairs, the Director-General
The prison service of the Czech Republic, Director-General of the
Directorate of customs duties, the Director of the security forces, the General inspection
the Director of the security information service and the Director of the Office for foreign
contacts and information may decide in the scope of its competence on the Elimination
hardness in individual cases, which arise in the implementation of the
the insurance.
The permission of the authorities of sickness insurance
§ 89
(1) the authorities of the sickness insurance scheme may invite the
and the employer to submit report) and the submission of records of facts
decisive for the assessment of the participation of employees in insurance and to be eligible for
benefits, their amount and payment
(b) the insured person to), where appropriate, establish the operative events for the
the implementation of the insurance
(c) the benefits to the recipient) proved the grounds for entitlement to
dose, the amount and the payment,
(d)) of the employer, who employs fewer than 26 employees of participating
insurance, self-employed person, and foreign
employees to perform checks on the performance of their
obligations, including the payment of insurance premiums on the sick-list
insurance, in the specified term of the district administration of social
security, or to the location specified by the Administration; for
an employer who employs less than 26 employees of participating
insurance, the employer shall be deemed for these purposes, which, at the date
a copy of the call District Social Security Administration has a registry
insured registered less than 26 of these employees,
(e) postal licence holder), to prove the facts relating to the
payment of benefits, in particular, to whom, when, and in what amount have been paid,
(f)) financial institution to establish the facts relating to the payment of the levies,
in particular, to whom, when, and in what amount has been credited to the account.
(2) the time limit to comply with the obligations referred to in paragraph 1 shall provide the authority
sickness insurance; This time limit shall not be shorter than 8 calendar
days from the date of service or communication challenges to meet these obligations.
§ 90
The sickness insurance institutions are entitled to
and) to examine the accuracy and completeness of the records and reports that are
the employers for the purposes of the implementation of the insurance required to lead, timeliness and
the way their submission and submission,
(b)) and examine the other documents that are applicable to the participation
on insurance, determining entitlement to a benefit, the amount and the payment, and it
including the determination of the amount of social security and a contribution to
State employment policy,
(c)) agree change employer deadlines for the performance of its obligations
referred to in section 94, paragraph. 1 and 2,
(d) the competent health insurance company) give rise to the provision of control
health care and procedure in matters of temporary inability to work and
the needs of the treatment of the treating physician,
e) require pracovnělékařských services providers of
health eligibility of insured persons temporarily unable to perform the work
current employment; pracovnělékařských services providers
based on the report on the medical condition of the insured person, the authority
posted by sickness insurance.
§ 91
(1) the credentials of staff sickness insurance institutions are entitled to
check the performance of the obligations imposed on employers and persons
self-employed this law; to eliminate the
the shortcomings are authorized to impose remedial measures, where appropriate,
require the adoption of measures to rectify within the time limit.
(2) the credentials of staff sickness insurance institution conducting
the control referred to in paragraph 1 shall be required to prove ID card issued by the
under special legislation ^ 77) or ID card issued by the authority
sickness insurance. The card according to the first sentence is the mandate to
monitoring compliance with the obligations imposed on employers and persons
self-employed this law. The particulars of the licence provides
the implementing legislation.
Part 2
The tasks of the trade offices
§ 91a
Self-employed persons, self-employed
operate on the basis of permission under the Trade Licensing Act, may
the application for insurance and submit insurance deregistration also for trade
Office ^ 47a).
Part 3
The tasks of the employers in the insurance
Section 1
The distribution of employers and their jurisdiction to carry out the tasks in
insurance
section 92
(1) the tasks of employers in insurance in the range further specified
and) employers, who are required to log in to the registry
employers (section 93 and 123)
(b)) the staff departments
(c)) and the Constitution for the exercise of prison security detention, in the case of convicted
of the person.
(2) the tasks of employers referred to in paragraph 1 (b). and u)
and employees in employment) of the employer, which are in the
employment relationship,
(b)) by law for State employees, a business office, in which
State staff for the performance of the civil service,
(c) members of cooperatives, cooperative), whose members, if they are outside the
employment relationship, perform for the cooperative work
(d) the law on the basis of staff) of the agreement on work activities, or
the agreement on the implementation of the work of an employer who has entered into with the employee
This agreement,
e) workers in respect of closed under foreign law
regulations, an employer who has entered into this relationship with a worker,
(f) the judges of the Court), to which judge is assigned to the performance of functions,
(g)) the members of the Councils of territorial self-governing units and councils
urban areas or districts, broken down territorial statutory
cities and the capital city of Prague, Department, which handled the work matters
employees of territorial self-governing units,
h) members of Parliament of the Czech Republic, the Office of the
The Chamber of Deputies and Senators of the Senate of the Parliament of the Czech Republic
The Office Of The Senate,
I) members of the Government authority that members of the Government shall be paid a salary,
(j)) of the President, the Vice-President and the members of the Supreme Audit Office
The Supreme Audit Office,
the members of the Council to the) radio and television broadcasting Council, the Office for the
radio and television broadcasts, the President of the energy regulatory
the Office of the Energy Regulatory Office, the members of the Council of the Institute for the study
totalitarian regimes, the Institute for the study of totalitarian regimes and the members of the Council
The Czech Telecommunications Office of the Czech Telecommunication Office,
l) the financial arbiter and a representative of the Office of the financial arbiter of the financial
the arbitrator,
m) of the Ombudsman and Deputy Ombudsman Office
Public defender of rights,
n) persons referred to in section 5 (a). and) point 11 administrative office or legal
the person referred to in that provision or by the persons who have
exercising public function, the position of the employer,
o) voluntary workers nursing services of legal person
These workers be paid remuneration for the performance of nursing services,
p) people care and persons in authority, which paid a reward
a foster parent under special legislation ^ 13),
q) persons referred to in section 5 (a). and the point 15), for whom these persons
active,
r) of employees of the contracting employer.
with the partners and managing directors) limited liability companies this
the company,
t) of limited partners limited partnership with this company,
the directors of the company), the company generally beneficial,
in the proxy employer, which) is the possession of prokurou,
w) liquidators shall be paid by the liquidator, who receive from activities
the liquidator,
x) the members of the collective bodies of a legal person referred to in section 5 (a). and)
point 18 of the legal person,
y) the heads of organisational units of the legal person referred to in section 5 (a).
and this point 20) organizational component,
from) the persons referred to in section 5 (a). and) point 21 of the legal person, that these
the person mandated business leadership on the basis of contractual representation by
of the civil code.
(3) the tasks of employers referred to in paragraph 1 (b). and u)
the employees referred to in section 5 (a). and point 22) one who employs these
employee.
Section 2
Tasks are logged into the registry of employers employers
§ 93
(1) an employer who employs persons employed, is obliged to
sign up within 8 calendar days from its inception to
the prescribed form to the registry of employers; on this form
indicates whether or not all financial institutions in the Czech Republic, which has kept
accounts. The employer is obliged to indicate on this form whether or not all your
Payroll showing their addresses and the people that are behind them
authorized to act on behalf of the employer. If an employer who
is not obliged to register in the register of employers referred to in the first sentence,
It employs staff whose employment is employment-small scale
or employment on the basis of the agreement on the implementation of the work, and in the course of the
This job creates this employee insurance is
the employer shall be obliged to sign up for the registry of employers
no later than 8 days after the calendar month in which this
the staff of the insurance was established.
(2) the employer shall, within the period referred to in paragraph 1, the sentence of the first
log on to the specified form to the registry of employers also
each of its payroll; on this form is required to indicate whether or not
the circuit staff organizational folder, or otherwise defined range
employees, for which the Payroll Accounting Office keeps records of the wages or salaries.
If the Payroll Accounting Office will be set up until after the filing of the employer
in the register of employers referred to in paragraph 1, the period runs 8 calendar
days to its sign-on date of its establishment.
(3) the employer shall be obliged to report in writing of any change of information that
stated on the prescribed form submitted in accordance with paragraphs 1 and 2, and up to 8
calendar days from the date when the change occurred. The employer is further
shall be obliged to report in writing to the Court decision on cancellation of the employer, and
within 8 days from the date of the legal power of this decision, and at the same time also
other cases of cancellation of the employer under the special law
^ 48 legislation). A natural person, which continues in the business after the death of
natural persons, which was the employer, until the end of proceedings on
discussion of heritage is obliged to report, in writing, within 30 days of the district administration
social security the day of death of the natural person and its continuation in the
her craft under special legislation ^ 49).
(4) the employer is obliged to log out on a prescribed form of
registry of employers, and within 8 calendar days from the date on which the
ceased to be an employer. In the case of the demise of the employer is obliged to
his legal successor to opt out of it on the prescribed form from the registry
employers, and within 8 calendar days from the date of its demise. In
the case of the demise of the employer without legal successor is obliged to the one who
It was on the date of demise of the employer responsible for its disposal, check out
the employer on the prescribed form of a registry of employers, and it
at least 8 calendar days from the date of its demise.
(5) the cancellation of the payroll, which was registered in the registry
employers, the employer is required to opt out of it on the prescribed
form, and it's up to 8 calendar days from the date of cancellation of the payroll.
(6) employers and payroll are required to liaise with
the District Social Security Administration and the Czech administration of social
use the security assigned to the variable symbol of the employer and
Payroll.
(7) the provisions of paragraph 1, second sentence, and paragraph 2 shall not apply if the
only one employer payroll, whose place is identical to the
the seat of the employer.
(8) the provisions of paragraphs 1 to 7 shall not apply to an employer who
It employs only foreign employee.
(9) the tasks referred to in paragraphs 1 to 5 shall fulfil the relevant employers in the district
the social security administration.
§ 94
(1) the employer is obliged to notify the district administration of social
Security on the prescribed form day boarding staff
employment, which had established the participation in insurance, and up to 8
calendar days from the date of entering into the employment, and the day of the end of the period
the employment of the employee, and to 8 calendar days from the date of the end of the
periods of employment. In the case of contractual staff to announce the employer by
the first sentence of the opening day of work on the territory of the Czech Republic and the day
the end of the performance of this work, within 8 calendar days from the date of the commencement or
the end of a performance of this work. For employees whose employment is
occupation employee working small scale and on the basis of the agreement on the
perform work, the employer notifies the employee of the day
to employment to 20. the calendar day of the calendar month following
After the calendar month in which the staff participation in
insurance; If the employee filed a claim for the payment of benefits
within the time limit laid down in the part of the sentence before the semicolon and the employer still
the day of onset of this employee in the job did not report, the
the employer such notice at the same time with the passing of the application of this
the employee a benefit pursuant to § 97 paragraph. 1. If the time limit for notification
the end of the period of employment expired before the time limit for the notification of the day
the onset of the employee, the employer announces the end of the day
periods of employment of these employees in the period laid down for the notification of the day
the onset of these employees to work.
(2) the employer shall be obliged to report in writing to the district administration of social
change the security of the data referred to in the notice of the boarding staff
employment, and within 8 days from the date when this change occurred.
(3) an employer may, with the District Social Security Administration in writing
agree on a different time-limit for the fulfilment of the reporting obligations referred to in
paragraphs 1 and 2. This agreement may terminate the employer and
the District Social Security Administration; the agreement ends the first
on the day of the calendar month following the month in which the
is terminated.
(4) the employer shall, in the notice on the date of the onset of the employee to the
employment (the start of work on the territory of the Czech Republic for the contractual
employee) under paragraph 1 to indicate whether or not the information about staff needed
for inclusion in the register of insured persons (§ 122).
section 95
(1) the employer is obliged to keep records about their employees
participating insurance that must include the following for the purposes of insurance
information:
name, last name), maiden name, social security number, date and place of
of birth, place of permanent residence, as appropriate, the reporting employee day
entry into employment and the end of the period of employment, type of business
establishing participation in insurance, an indication of the place of performance of the work, if this is
instead of permanently abroad, and on whether the employee is in a foreign country compulsory
participate in the pension insurance, citizenship, and if the employee
compulsory pension insurance in abroad and the employer is its
the first employer after the end of such participation or for its duration,
also the indication of the name and address of the foreign holders of insurance and
cizozemském issue of insurance, and for contract staff also
his foreign employer identification data, as well as the day
the start and the end of the day the work of contractual employees in the territory
The Czech Republic,
(b) the amount of the agreed) (fixed) the prescribed reckonable income
(c) the amount of the prescribed reckonable income) for each pay period (pay)
(d)) for temporary incapacity of the employee, the period of quarantine for
the treatment of a member of the household (child care under the age of 10 years) time
maternity leave and parental leave, the period of custody, for the performance of
security detention and imprisonment of the employee and
the next day his leaves of absence from work, days of work without
refund of income provided by the employees of the employer in the
cases where the employee has no entitlement to time off work, and days of performance
the work of an employee of the insured at the time of the activity, in which he is entitled to
payment of sickness, maternity and ošetřovného,
e) Unexcused working days the employee, or their parts,
(f) whether the employee) receives a retirement or invalidity pension, and from
When it receives, the payer of the income, and if this income from pobírán
the State, with which the Czech Republic has concluded an international agreement on social
security, whether or not the record about what state is this pension pobírán and
what foreign Nobel insurance is the payer of the pension
(g)) the previous body, which was carried out by the employee insurance, if it
It is not the District Social Security Administration,
h) the amount of the assessment base for insurance,
I) name of the health insurance companies for which the employee is medically insured,
(j)) is not subject to a staff member or of a Contracting employee insurance under the
This Act, data on its mandatory participation in pension insurance in the
abroad.
(2) the employer is obliged to keep its employees whose
employment of them does not constitute participation in the insurance scheme, the information referred to in paragraph 1
(a). and (c))), with an indication of the type of activity that relates to activities that
does not constitute participation in insurance.
(3) the obligation referred to in paragraph 2 also applies to employers who
is not obliged to register in the register of employers, and for
the employer, who is from this registry logged off.
section 96
The employer is obliged to save a record of the facts referred to in
section 95 after a period of 10 calendar years following the year in which the
concern if special legislation does not provide for records that have
the nature of accounting records, the longer uschovací periods of time. For the records of those
the facts will always be considered as evidence of the species, the origin and the end of the
the working relationship and the records of the register of attendance to work, including the time
work without compensation income. If an employer ceases to exist without
the successor before the end of the periods referred to in the first sentence, the
the employer is obliged to ensure the safekeeping of records during this time and tell
the District Social Security Administration, the place where the records
stored.
§ 97
(1) the employer is obliged to receive the applications of its employees about the
benefits and other documents required for entitlement to benefits and their
payment, and shall, together with the information necessary for the calculation of benefits
transmit to the district administration of social security; the district administration
social security is obliged to immediately notify all
the fact that they can have an effect on the payment of these benefits. If u
staff of the enforcement of the decision of the wages, the employer is
shall, together with the information necessary for calculating the levies pass district
the social security administration documentation for deductions from benefits
sickness insurance; These documents means the copy of the resolution on the
regulation enforcement, communication of the amount of precipitation and carried out so far
communication, what part of the basic amount ^ 73) does not have to be the district administration
social security withheld ^ 74). If the employer has already passed
the District Social Security Administration data necessary for the calculation of benefits
and the reason for the granting of sickness insurance continues,
obliged to pass the district social security administration documentation for
deductions of health insurance benefits without undue delay.
The data needed for the calculation of benefits shall be transmitted on the prescribed form;
These data means the assessment bases for the insurance on the income
the insurance referred to in section 18, paragraph. 2 and excluded days referred to in section 18, paragraph.
7. The payer of remuneration of the guardian, that the person looking after the person in the register
It belongs under the law on social and legal protection of children, announces the
the prescribed form for the purpose of calculating benefits, the amount of the monthly remuneration,
that person's care and the person in the records belonged to per calendar month
the previous calendar month, in which it established the social
event, or per calendar month, in which it established the social
event. The employer is obliged to transmit to the district administration
social security no later than the following working day after day,
which is intended for the payment of wages and salaries, the information required under section 44 for
determination of the amount of the compensatory allowance in pregnancy and motherhood,
for the calendar month, in which at least part of it took after the transfer under section
paragraph 42. 1 to 3; by the following means of pensionable income for the
the calendar month in which it took this to convert at least part, and
the number of days specified in section 43, paragraph. 2.
(2) the obligations referred to in paragraph 1, the sentence of the first and fourth are legal
or natural persons, which are no longer kept in the registry of employers,
required to play also in the case of applications of persons who were employed
persons entitled to benefit and are applied in the protection period.
§ 98
(1) the employer shall, at the request of the district administration of social
tell her all security data required for the implementation of insurance,
where appropriate, submit a document about them, and to report or submit a
the records referred to in section 89, paragraph. 1 (a). and), and within 8 calendar days
of receipt, unless a longer deadline.
(2) the employer is obliged to carry out within the prescribed period the measures to
the remedy imposed by the District Social Security Administration.
(3) an employer who employs less than 26 employees registered
in the register of insured persons, is obliged to challenge the district administration of social
security to the District Social Security Administration,
where appropriate, to another specified place in the day to perform the
checks on compliance with the obligations in the insurance, if in advance of serious
the reasons for the examination.
(4) the provisions of paragraphs 1 to 3 shall also apply to employers who
not appear in the registry.
§ 99
(1) If an employer Has 2 or more labour economics, fulfils the obligations
employers in insurance accounting separately for each salary range
employees, which keeps records of the wages or salaries.
(2) the obligations of the employer as referred to in section 94 to 97 shall not apply
foreign employees.
§ 100
The employer supplies the work connected with the fulfilment of the tasks in the insurance
their own costs.
Section 3
The tasks of the business services
§ 101
(1) the staff in the departments of insurance the following obligations:
and) accept applications for benefits and other supporting documents necessary for determining
the right to benefits and their payment
(b)) within a specified period shall be paid benefits, including benefits
granted by decision of the staff regulations of the authority
(c)) shall be submitted without delay the application for batch or opposition Member
(paragraph 2, second sentence), together with all the supporting documents by the staff of the institution,
(d)) shall be submitted without delay to the authority to staff the decision to
the excess on the dose,
(e) prepare the documents required for) deciding on the benefits
(f)) be issued on the payment of benefits to members together with the documentary evidence of the nature of
benefits, the daily amount of benefit, the amount of the daily assessment base and the time for
that is paid,
(g) ensure continuous control) benefits paid
h) shall keep a register of members of the extent in which they are required to keep it
employers under section 95 paragraph. 1, with the understanding that this record contains
always an indication of a previous body, which was carried out by the insurance
Member, and an indication of the podpůrčích times, and the register of members of the temporary
persons unable to work,
I) satisfies the obligations referred to in section 84, paragraph. 2 (a). (e)), k), (l)), and p) and section 96
and in relation to the staff of the authority the obligation referred to in section 98, paragraph. 2,
(j) provide members free of charge) information on claims for benefits,
to declare the payout dates for) payment of benefits and the time limits within which the
before the pay date for the documents to be submitted
the payment of benefits.
(2) the staff Department terminated the payment of benefits, if the conditions of entitlement
the dose of the met, and it reduces or increases the level of benefits, changes to
the operative events for their amount. In the case where the staff Department
doubt as to whether the conditions for entitlement and payment of benefits are met,
or the Member does not agree with the amount of benefits, with the time of the payment, with the
granting benefits or stop its payouts, it passes the business
Department the necessary documents to the decision to levy to the competent staff
authority. The Act or a member of the staff of the Department in accordance with the second sentence must
be made in writing.
(3) the staff Department is entitled to require from applicants for and recipients of benefits
benefits necessary documents for determining entitlement to a benefit and the payment and
the amount of benefits.
Section 4
The tasks of the prisons and institutions for the performance of security detention
§ 102
The prison and the Constitution for the exercise of security detention in insurance
the obligations referred to in § 101 paragraph. 1 and 2 and have the permission referred to in § 101
paragraph. 3 apply mutatis mutandis in relation to convicted persons.
Part 4
Obligations of the insured
section 103
(1) the beneficiary requesting the dose or dose which is paid, it is
shall be obliged to
and certify the fact) depends on participation in the insurance and
deciding on the batch, submit the documents provided, submit to the authority
sickness insurance, staff of the Department, the prison or the Institute for
the performance of security detention requested an explanation and information,
(b) to report to the sickness insurance institution), the staff of the Department, the prison
or Institute for the performance of security detention, that pay the levy,
in time all the facts, which are or may be the reason for the demise of the
or change to the entitlement to the benefit for the duration of entitlement to benefit, for the amount of the benefits
or her paycheck, and not later than 8 days from the date of
fact learned
(c) allow the sickness insurance institution), the staff of the Department, the prison
or Institute for the performance of security detention review facts
decisive for the creation or the duration of entitlement to benefit, its amount or its
the payment,
(d) communicate to the employer) work is agreed only for the duration
leave from other employment (section 28 (2)) or for a period that falls
exclusively to periods of school holidays or vacations,
(e) inform the staff of the Department), the fact that it is also an employed person
or self-employed person.
(2) the beneficiary, who was invited to the sickness insurance institution
certificate for participation on the grounds of the insurance, shall be entitled to
dose, the amount of the benefit or its payment, is required to meet the challenge, and in
the deadline of 8 days from the invitation, unless the sickness insurance institution
a longer deadline.
(3) the employee is required to tell the employer the information needed to
keeping the employee referred to in section 95, as appropriate, on these data
whether or not to submit the necessary documents. The provisions of the first sentence shall apply mutatis mutandis for the
the obligation of the employee to communicate these data to the Contracting
to the employer.
section 104
(1) the beneficiary, who is self-employed, is further
shall be obliged to
and to inform the District Administration) of social security on her challenge information
necessary for the keeping of the record on the policies ask under section 122, paragraph. 3,
where appropriate, on these data also to submit the necessary documents,
(b) to submit the application for insurance) on the prescribed form,
(c)) on the challenge of the District Social Security Administration appear in
on the day stipulated by the District Social Security Administration and/or other
a designated place, for the purpose of conducting checks of compliance with obligations in
insurance, if in advance of serious grounds examination
(d) to inform the District Administration) of social security if it is parallel
employed or self-employed abroad, the data according to § 95
paragraph. 1 (a). (j)), and that within 8 days.
(2) the Foreign employee performs management of social district
security obligations referred to in paragraph 1 (b). and (c))) and in section 103
paragraph. 1 (a). and (d))) (a). 2; Furthermore the employee shall be required to
notify the social security administration district end of periods of employment
on the territory of the Czech Republic, where it is involved in insurance in the Czech Republic.
(3) a natural person residing or staying in the territory of the Czech reported
the Republic, which shall exercise an employed or self-employed
activity on the territory of two or more Member States of the European Union, is
the District Social Security Administration shall be obliged to place
permanent or disclose such fact reported residence ^ 50), to the
30 days from the date of the commencement of such employment or self-employed
activity.
Part 5
Obligations of other entities
§ 105
The protection of public health, the competent authority is obliged to the prescribed
confirm form for the purpose of payment of benefits and compensation of wages,
salary or remuneration or a reduced salary (reduced remuneration) for the first
14 calendar days and from 1. January 2012 to 31. December 2013 for
the first 21 calendar days in quarantine, the quarantine regulation, its duration
and their and the relevant part of the form to send to the competent authority
sickness insurance and pass to policyholders; If the quarantine of more than
14 calendar days and from 1. January 2012 to 31. more than 21 December 2013
calendar days, is obliged to confirm the duration of the 14.
calendar day, and from 1. January 2012 to 31. December 2013 to 21.
calendar day. The provisions of the first sentence shall apply mutatis mutandis to the attending
doctor if under special legislation ^ 51) ordered the quarantine.
Section 106
Facilities for children and schools listed in § 39, paragraph. 1 (a). (b) point 1) are
required to confirm on the form prescribed for the purpose of providing
ošetřovného their conclusion and the time and the reason for this conclusion.
§ 107
The holder of the postal licence is obliged to challenge the authority of sickness
the insurance evidenced fact relating to the payment of the benefits [of section 89 (1)
(a). (e)). 2]; This applies, mutatis mutandis, in the case of a Monetary Institute [§ 89
paragraph. 1 (a). (f)). 2].
TITLE III
PAYMENT OF BENEFITS
Part 1
The responsibility for the payment of benefits
section 108
(1) benefits are payable
and the District Social Security Administration), in the case of employed persons, and
self-employed persons,
(b) the relevant business departments) in the case of nationals,
(c)) and the Constitution for the exercise of prison security detention, in the case of convicted
of the person.
(2) the District Social Security Administration, business services, prisons and
the Constitution for the exercise of security detention benefits shall be paid also to persons with
which social event was at the time of the insurance and the right to benefit and takes
After the termination of the insurance, and persons who have been insured persons referred to in
paragraph 1 and to which the entitlement to a benefit in the withdrawal period.
(3) the staff departments pay the benefits also in the case referred to in section 82, paragraph.
3.
Part 2
The application of the right to the payment of benefits
section 109
(1) the levy shall be paid on the basis of a written request signed by the physical
a person who submits a claim for benefit and its payment; the request for
ošetřovné in the case of the takeover of the care (care) must also be signed by the
an employee of care (care) takes over. If the prescribed
for the application form must be submitted on this form.
(2) a request for payment of the levy shall be made
and for the employer) in the case of employed persons, with the exception of foreign
employees,
(b)) for the District Social Security Administration, if the self
self-employed, persons who have been employed persons if they
the entitlement to a benefit in the withdrawal period and their former employer
has lapsed, and the foreign employee
(c) in the case of the staff of the Department), in the case of nationals,
(d)) at the prison or the Institute for performance security detention, if the
the sentenced person,
(e)) in accordance with subparagraphs) to (d)), a right to benefit in the withdrawal period
or apply is entitled to the payment of benefits in the event of death of the insured person
the persons referred to in section 51, paragraph. 1.
(3) entitlement to the payment of sickness shall be applied
and) during the temporary incapacity on the prescribed form
by decision of the physician about the emergence of temporary incapacity.
For the payment of sickness for a certain period, it is necessary to certify the duration
temporary incapacity, the attending doctor on the confirmation
the prescribed form for the duration of the temporary incapacity or
by decision of the physician or the sickness insurance institution of the
their temporary inability to work,
(b)) when the competent authority confirmation sandbox protection of public health
or the attending doctor on the prescribed form of the quarantine regulations.
For the payment of sickness for a certain period, it is necessary to certify the duration
quarantine, and confirmation by the competent authority to protect public health
or the attending doctor on the prescribed form for the duration or
the quarantine.
(4) the claim for the payment of maternity claims
and pregnant pojištěnka or pojištěnka), which gave birth to the baby, confirmation
the attending doctor on the expected or actual date of birth on
the prescribed form
(b) in the cases referred to the beneficiary) in § 32 paragraph. 1 (a). (b) to (e))) on the
the prescribed form. For the payment of maternity in these
cases to certify the necessary facts, and it
1. by decision of the competent authority (section 38) commit the child to the insured persons
care replacing parental care,
2. the written agreement referred to in section 32, paragraph. 1 (a). (e)), or
3. medical opinion ^ 52) of the attending doctor of the mother of the child to
the prescribed form to the effect that the child's mother cannot or may not for a child
care for serious long-term illness; This shall not apply if it was the
issued a decision on the creation of a temporary incapacity for reasons of
referred to in section 57, paragraph. 1 (a). (e)).
(5) the Entitlement to payment of the applicable ošetřovného
and) in cases referred to in § 39, paragraph. 1 (a). and) and in the case referred to in
§ 39, paragraph. 1 (a). (b) point 3) on the grounds that the person of the child otherwise
caring, ill or gave birth, by a decision of the physician
creation of necessary maintenance on the prescribed form. For the payment of
ošetřovného it is necessary to certify the duration of care needs, and
confirmation of the attending doctor on the prescribed form for the duration of the
necessary treatment or by decision of the physician about their
the needs of the treatment on the prescribed form. Building a run-time support time
According to § 40 paragraph. 3 proof of health provider confirmation
services for the provision of inpatient care and for their hospitalization,
(b)) in the cases referred to in § 39, paragraph. 1 (a). (b) point 1) on prescribed
confirmation form of the educational establishment or a special child
equipment, other like facilities for children, in whose care the child otherwise
is, or schools, of which he is a pupil of their conclusion on the basis of regulation
of the competent authorities. For the payment of ošetřovného you need to work on
the prescribed form of the duration or termination of this conclusion,
c) in the cases referred to in § 39, paragraph. 1 (a). (b)) and, in the case of point 2 of the
referred to in § 39, paragraph. 1 (a). (b) point 3) on the grounds that the person on the
child cares, was ordered by the quarantine, protection authority confirmation
public health or health care professional on a prescribed form of
Regulation of quarantine. For the payment of the ošetřovného it is necessary to certify the duration
quarantine, presentation of a certificate of the competent authority of the protection
public health or health care professional on a prescribed form of
duration or termination of the quarantine,
(d) in the case of the takeover of the treatment) (care) in accordance with subparagraphs) (c)), that the
on the prescribed form must be indicated when there is a need
care (care), which occurs from July to this takeover, and information about the
the staff of care (care) takes over.
(6) the entitlement to the payment of the compensatory allowance in pregnancy and maternity
applies
and the employer's written confirmation) form that
pojištěnka was transferred to another job, because of the work you did before
held, under special legislation prohibited to pregnant women,
mothers until the end of the ninth month after childbirth or breastfeeding women; This is true
Similarly, if this is about příslušnici, which was withdrawn from the existing
the staff of the place, because the service carries out activities that
are prohibited to pregnant women, women by the end of the ninth month after childbirth
and women who are breastfeeding,
(b)) by decision of the physician on the prescribed form of the need for
convert pojištěnky to another job because of that work, which had
held, threatening her pregnancy, health, maternity, or the ability to
breastfeeding; This applies mutatis mutandis for příslušnici withdrawn from the performance of services.
For the payment of the compensatory allowance in pregnancy and maternity should be
certify the necessary facts, and confirmation of the employer to
the prescribed form in which the given day, when to convert
pojištěnky on another job or other business place, actual work
(official site) and work (official site), at which it was pojištěnka
transferred, the reason for the transfer, and the date when the transfer is complete. For
the payment of the compensatory allowance in pregnancy and motherhood for the individual
calendar months to certify the amount of the prescribed reckonable income and
the number of days specified in section 43, paragraph. 2 confirmation of the employer (§ 97
paragraph. 1 sentence 4).
(7) for the purposes of the application of entitlements to benefits for prescribed forms
consider also the forms issued on the basis of international treaties and
the forms to be used for social security coordination in the framework of the
Of the European Union.
Part 3
Payment of benefits
section 110
Way of payment of benefits
(1) the levy shall be paid on the basis of the documents referred to in section 109.
(2) Sick and ošetřovné shall be paid for the period for which it was
certified compliance with the conditions for entitlement to these benefits and their payment.
Maternity and pregnancy and the compensatory allowance
maternity benefits are paid per calendar month, where appropriate, for his part,
If entitlement to the payment of those benefits only after part of a calendar month;
If it is necessary for entitlement to the payment of these benefits and their work needed
the fact, shall be paid after the certificate of these facts. If
However, the performance of decision carries out the sickness, paid
sick for the entire calendar month, where appropriate, for his part, if
entitlement to payment of the sickness only for part of the month, if the fulfilment
the conditions for entitlement to sickness and his payment certified for the entire
calendar month, where appropriate, for his part, after which he insisted be entitled to
payment of sickness.
(3) the levy shall be paid no later than within 1 month following the
the date on which the document was laid down for entitlement to the payment of benefits delivered
the district administration of social security, if the payer benefits district
the social security administration. This period is not running after the time that the
are not met the conditions for the payment of benefits under § 109 paragraph. 1.
(4) the Terms of payment of benefits and the time limits within which are the conditions for the
payment of benefits within the time limits referred to in paragraph 2, the
publish business services, prisons and institutions for the performance of the security
detention, where they are liable to pay the benefits these services, prisons and the Constitution.
(5) the benefits paid by the district administration of social security
policyholders have pointed out his account with a financial institution in the Czech Republic
or paid in cash by the holder of the postal
the licence; the district administration of social security benefits can be paid
through the Czech social security administration account. The beneficiary is
application for payment of benefits to State which of the following has
be paid to the batch; in the case of remittance to the account of the beneficiary's benefits
must give your account number.
(6) the benefits paid by the service departments, prisons and the Constitution for the exercise of
security detention shall be paid to members of the way they
business income or salary shall be paid, and the other to the insured shall be paid
on their account at a financial institution in the Czech Republic, if the beneficiary of the
This remittance request, or shall be paid in cash. Sickness and
maternity divide prison inmates and persons
the Constitution for the exercise of security detention in the same way as a reward for
the work carried out.
(7) if the beneficiary of the change in the method of payment of benefits is its payer
obliged to make a change to the method of payment of benefits from the earliest possible
the term of payment of benefits.
(8) in the case of payment of benefits in cash through the holder
the postal licence shall bear the costs for the delivery of its recipient.
section 111
The payment of benefits abroad
Benefits are paid to insured persons on the basis of the foreign application. The benefits are
paid abroad only to the insured's account with the Bank and for the payment of costs
This payment; sickness insurance institution, which benefit abroad
paid, is obliged to publish the method of determining such costs.
section 112
The payment of special benefits to the recipient
(1) if the insured person or his legal representative or
guardian, due to their State of health or other serious
the reasons for the claim for payment of the levy or levy to receive, shall designate a
sickness insurance institution other natural person as special
the recipient of the benefits. With the provisions of the specific recipient must agree
insured person and the person to be appointed to the specific recipient;
the consent of the insured person shall not be required, if due to their health
the status of the physician cannot submit a representation to
the provisions of a specific recipient. Particular recipient may be established
and legal persons, unless such provision agrees. For the purposes of
batch management and payment of benefits has a special recipient status
guardian pursuant to the administrative code ^ 52a).
(2) the recipient is required to make a claim for the payment of benefits without
undue delay. The specific beneficiary is obliged to use the benefit under the
the instructions of the policyholder, and unable to give such instruction, the beneficiary is obliged to
the dose used in the benefit of the insured persons and persons, which is the beneficiary
required to nourish. Special beneficiary is obliged at the request of the insured person
or authority of the sickness insurance scheme, which it instituted, lodge a written
communication of the action, as did the guardian and written statement
benefits paid to him, and within 1 month.
(3) the sickness insurance institution of the decision on the provisions of the Special
the recipient cancels, if
and beat it) the reasons for which the recipient has been established, special
(b)) finds that a specific recipient to fulfil the obligations referred to in paragraph 2
the first sentence, or
c) finds that the particular recipient does not meet the obligation referred to in paragraph
2 the second sentence.
TITLE IV
THE COMMUNICATION OF INFORMATION AND INFORMATION SYSTEMS, INSURANCE
Part 1
The obligation to maintain confidentiality
§ 113
(1) the obligation to maintain the confidentiality of facts which
the fulfilment of obligations in the field of insurance, or in the context of
with them, they have
and the sickness insurance institutions) employees and persons in the staff
proportion to the sickness insurance institutions,
(b) the employees of employers); If the employer keeps records
the wages of other legal or natural person, this obligation applies
mutatis mutandis, to this person and to its staff.
(2) the obligation referred to in paragraph 1 after the expiry of his
(the staff regulations).
(3) the obligation to maintain confidentiality to individuals that were
Although involved in insurance, if it is a fact,
which met in such proceedings or in connection with it. This
duty takes, even after this procedure. Physical persons involved in the
management in the Insurance Authority shall be informed about the sickness insurance
your obligation to maintain the confidentiality and the legal consequences of the breach of the
This obligation.
(4) natural persons bound duty of confidentiality pursuant to paragraphs 1 to 3
can communicate data to which this obligation applies,
and if it provides only) this Act or the Special Act, or
(b)), with the consent of, the obligation of secrecy in whose interest they have, if
is the one in whose interest they have this obligation, the obligation to get rid of, and it
in writing, stating the scope and the purpose for which such data may be
communicated to the.
(5) the Generalized information and aggregated data, which the authorities of sickness
insurance will receive in their activities, they may be without mention of specific
data, in particular name, used by employees and the persons referred to in
paragraph 1 (b). and when scientific, publishing) and pedagogical activities.
Part 2
Communication of data
Section 1
The communication of information between the authorities of sickness insurance
section 114
(1) the authorities of sickness insurance, on request, shall communicate the information
necessary for the fulfilment of their tasks in the field of insurance, and including information about
individual policies ask. The requested authority of the sickness insurance scheme is
obliged to request of the applicant authority, health insurance pass
the time limit to 8 calendar days from the date of the request received, has established a
the authority, which data requires a longer period. The required information can be
provide in electronic form in a manner enabling remote access.
For the purposes of the communication of the information referred to in the first sentence of up to a third have the status of
the sickness insurance institutions also business services.
(2) the information obtained about the policies ask and their employers
the sickness insurance institutions, also serve the authorities carrying out the
pension insurance.
(3) the provisions of paragraph 1 shall not apply to the communication of information
intelligence services ^ 53). The intelligence service and the Department of Defense
may disclose information referred to in paragraph 1, if the tasks are not endangered,
that intelligence services performs; refuse to provide the information may, without
giving a reason. Similarly, even in cases where the pull
the information subject to protection as a classified fact ^ 54).
section 115
The district shall notify the social security administration at the request of the staff
services of the information necessary for deciding on the amount and the payment of benefits to
you qualify, and national data needed for the reduction or
withdrawal sickness when violations of the mode temporarily unable to work
insured persons and to synergies when checking compliance with the scheme
temporarily unable to work the insured person according to § 64 paragraph. 1 (a). (b)) and for the
determination of the regression of the refunds. The provisions of section, paragraph 114. 1 the second sentence, and
the third applies here mutatis mutandis.
Section 2
The communication of information between the authorities of sickness insurance and insurance Manager
section 115a
The sickness insurance institutions and trade authorities, within the limits of its
the scope of the request shall be transmitted to each other the information necessary for the implementation of
insurance for self-employed persons. These data can be
requested and transmitted in electronic form to
remote access.
Section 3
The communication of information to other institutions of sickness insurance bodies
section 116
(1) the authorities of sickness insurance, on request, be communicated to the administrative authorities,
the authorities of territorial self-governing units, the courts, notaries, Court
bailiffs, authorities active in criminal proceedings, the Supreme Public Prosecutor
the Prosecutor's Office, the intelligence services, the authorities authorized to check
the activities of the health insurance, other natural or legal
persons who, on the basis of law, the scope of the exercise in the field of public
Administration and foreign authorities in accordance with the international treaties details
necessary for the performance of tasks in their areas of competence in accordance with special laws, and
including information about individual policies ask, with the exception of data concerning
State of health. Sickness insurance institution will provide the desired
the information, if the entity that the information required in the application
the provisions of the Act, that its request to provide information
the range of the data, which is required and the purpose for which
the information is required.
(2) the authorities of health insurance be communicated to the health insurers
carrying out medical insurance for a specific insurance policy holders:
and a doctor treating the warnings), for which the average duration
one temporary disability insurance holders significantly differs from the
the regional or the national average, and in the intervals in the range of
agreed between the health insurance company and the Czech administration
social security or service authorities,
(b) the imposition of sanctions) the provider of health services for failure to
obligations to the sickness insurance institutions,
(c)) cases of their temporary inability to work by decision of the authority
sickness insurance,
(d)) and last name, date of birth, place of birth, address
permanent residence or other residence on the territory of the Czech Republic, where appropriate,
residence abroad, and job specific policyholders,
e) data on the name and the headquarters of the employers ' specific policy holders;
the information referred to in points (a) to (c))) shall be communicated without the application data
referred to in points (d) and (e))) will be communicated on request and to the extent of the purpose of
referred to in the application for which the data are to be used.
(3) the authorities of sickness insurance shall be communicated on request to the authorities
providing State social support benefits details of the amount of each
benefits examined in the specified period and the přeplatcích and arrears
the doses.
(4) the information referred to in paragraphs 2 and 3 shall be communicated in electronic form
in a manner enabling remote access, writing or forwarding
the data on the media, and that according to the agreement, the authority of the health insurance is
health insurance and with the authority providing State social benefits
the aid; in the absence of this agreement, shall determine the method of data transmission authority
sickness insurance, communicating, and taking into account the
the technical capabilities of both parties.
(5) the authorities of sickness insurance be communicated to the authorities at the request of the management and
the coordinating authority for the operational programmes financed by the
the European structural and investment funds ^ 78) data obtained in
the implementation of policies, including data on individual policies ask 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 enabling 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.
(6) Employers shall be communicated to the authorities of the sickness insurance scheme without request
and) cases where sickness insurance institution ended a temporary working
the inability of its decision,
(b)) the violation of the regime temporarily unable to work, the insured person
(c)) that the level of sickness per calendar day shall be at the rate of 50% according to the
section 31, within 8 days from the date when the sickness insurance institution found
the fact that they have resulted in the determination of the amount of sickness in this
(d)) the data necessary for carrying out the enforcement of decisions in the form of deductions from the
wages, within 8 days from the date when the sickness insurance institution
the data found out; sickness insurance institution shall communicate these data only
then, if he carried out the execution of decisions of a deduction from benefits
(e)) if payment of the sickness insurance scheme, which was implemented
enforcement of a decision by the district administration of the collision of social
Security and employment at the taxpayer payroll, for which the employee was
employed before payment of sickness insurance benefits, continuing, without
undue delay, the amount of the deductions carried out so far and an indication of what
part of the basic amount ^ 73) does not have to be withheld by the employer ^ 74); If the
enforcement decision of precipitation at a time when management of social district
security benefit is paid to the sickness insurance scheme, shall after the end of
payment of sickness insurance, which was implemented in the performance of
the decision of the rainfall, without undue delay, the employer also a copy of the
resolution on the regulation of the enforcement of the decision.
(7) Other operators shall communicate to the authorities of the health insurance information on the
their request
and) in cases referred to in § 113 paragraph. 4 (b). and (b)),)
(b)) with respect to the provision of data of the natural or legal person, which is
concern,
(c)) in the range as defined by the relevant regulations of the European communities ^ 2)
and international treaties, as regards the communication of data relating to
insurance abroad, or
(d)) in the case of a natural or legal person who proves that he has to
a natural person by a final enforceable decision due
details of the claim, whether a natural person is the beneficiary of the benefits and whether the
the levy to be paid is subject to enforcement, and an indication of the
birth of that person,
e) in the case of an employer, the information concerning the exhaustion of the support for
employee.
(8) the provisions of paragraphs 1 to 7 shall not apply to news
services ^ 53); § 114, paragraph. 3 the second sentence applies here mutatis mutandis.
Section 4
Communication of data to the authorities of sickness insurance bodies
section 117
(1) the authorities of sickness insurance are entitled to the extent of their
the scope of the demand from the natural or legal persons of the communication of the data
necessary for the implementation of insurance and to carry out the tasks arising from the
of Community law and international agreements, including the
information about each of the natural persons and legal persons. Data
necessary for the implementation of insurance be communicated to the physical and legal persons
the sickness insurance institutions on request.
(2) the work of the Czech Republic – Directorate-General shall be communicated to the authorities of
health insurance without the application data on the
and employers, who do not have) registered office on the territory of the Czech Republic and
employed on the territory of the Czech Republic for the employee, and this in terms of
laid down by the Ministry of labour and Social Affairs; the data here means
information about the name and headquarters (address) to these employers,
(b)) foreign nationals employed on the territory of the Czech
Republic of ^ 55),
(c) the imposition of a fine for allowing) the performance of illegal work; This obligation
satisfies by sending a copy of a final judgment on the imposition of a fine.
(3) the health insurance be communicated to the authorities of the sickness insurance scheme without
application:
and an overview of the treating physicians) with which they have contractual relationship, in
intervals to be agreed between the health insurance company and the Czech
Social Security Administration, and professional bodies,
(b) establish information) of the contractual relationship with the provider of the health
the services of workplace change (place of work) and the termination of the contract
relationship with the health insurance company,
(c) notification of newly registered) insured persons, their registration
the insured and the insured's registration changed to other attending
doctors.
(4) the Providers of health services are required for the purposes of regression
refund without application to notify the competent sickness insurance institution
accidents and other damage to health, which set up a temporary working
the inability of persons who provide health care if they have reasonable grounds for
suspicion that an injury or other damage to health caused by acts
other natural persons, other than the beneficiary, or a legal person.
(5) the authorities of the police of the Czech Republic, the Prosecutor's Office, the courts and the
the administrative authorities are obliged to notify the authorities, without request
sickness insurance
and) circumstances found in the framework of its activities, which could lead to
the demise of the entitlement to a benefit, to a reduction or withdrawal of benefits, where appropriate, to
stop payment,
(b)) circumstances found in the framework of its activities, which indicates non-compliance with
obligations in the field of insurance,
(c)) circumstances found in the framework of its activities, suggesting that, in the
as a result of culpable infringement of the person or a legal person
There has been the emergence of social events, from whose reason was given
levy,
(d)), the fact that in the context of its final decision noted,
that the natural or legal person has caused the emergence of relevant social
events by their culpable infringement has breached the legal
prescription.
(6) if the administrative authorities or the health insurance companies are obliged to communicate to the
under this Act, the information may do so in electronic form
in a manner enabling remote access.
Section 5 of the
The communication of the data from other information systems of the public administration
§ 118
(1) the Ministry of the Interior or the police of the Czech Republic provides to the authorities of
sickness insurance for the performance of their responsibilities
and data from Basic) reference population register,
(b)) the data from the agendového information system of the population register,
(c)) the data from the agendového information system for foreigners,
(d) the data from the registry) of the social security numbers of natural persons, which was
assigned a social security number, but they are not kept in information systems
referred to in subparagraphs (a) (b)) and (c)).
(2) Information Provided pursuant to paragraph 1 (b). and) are
and last name)
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, the place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The Czech Republic, the date of death, place and the State on whose territory the death
has occurred; If the decision of the Court on the declarations for the dead, the day
that is the decision given as the day of death or the day that the body
data declared dead survived, and the date of the entry into force of this
the decision,
(f) citizenship, where applicable) more state citizenship.
(3) Provided the information referred to in paragraph 1 (b). (b))
and, where applicable, names) the name, surname, or their amendment, native
the last name,
(b) the date of birth),
(c)), gender,
d) place and district of birth; for a citizen who was born abroad, the place and the
State on whose territory the birth has occurred,
(e) a social security number) and its amendments,
f) citizenship,
g) address of the place of residence, including previous address space
permanent residence,
(h) the onset of permanent residence), where appropriate, the date of cancellation of the data on the place of
permanent residence or the date of their permanent residence on the territory of the Czech
of the Republic,
I) restrictions, mom,
j) social security number, father, mother, or another legal representative or
guardian; in the event that one of the parents or other legal representative of the
or guardian does not have a social security number, his name, or name, surname
and date of birth,
k) marital status, date and place of marriage,
l) social security number of spouse; If the husband is a natural person who does not have
assigned a social security number, his name, where applicable, the name, the surname of the husband and
the date of his birth,
m) social security number of the child,
n) for the adoption of a new name, the original and, where appropriate, the name, surname
the adopted child, the original and the new birth of the adopted child's number, date and place of birth
the adopted child, the adoptive parents and social security numbers, date of the entry into force of the decision
adoption or the decision to cancel the adoption,
about) the date, place and County of death; in the case of the death of a citizen outside the territory of the Czech
Republic, the date, place and the State on whose territory the death occurred,
p) a day, that was the decision of the Court on the declarations for the dead mentioned
as the day of death or the date on which the citizen declared dead survivors,
q) day, which was in the decision of the Court declaring the missing listed
as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition
the decision of the Court on the declarations for the missing.
(4) the information Provided under paragraph 1 (b). (c))
and, where applicable, names) the name, surname, maiden name, change
(b) the date of birth),
(c)), gender,
(d) the place and State of birth),
(e) a social security number) and its amendments,
f) citizenship,
g) type and the address of the place of stay,
(h) the beginning of the stay, if applicable), the date of their stay,
I) restrictions, mom,
(j)), the administrative or judicial expulsion and the period for which it is not admitted
on the territory of the Czech Republic,
k) marital status, date and place of its changes, the name, or names,
the husband's last name, social security number or date of birth,
l) name, or the name, the surname of the child and his social security number; in
If the social security number was not assigned, date of birth,
m) name, where applicable, the name, the surname of the father, mother, or another
legal representative or guardian and their social security number; in the event that the
one of the parents or other legal representative or guardian does not have native
the number of his name, where applicable, the name, surname and date of birth,
n) for the adoption of a new name, the original and, where appropriate, the name, surname
the adopted child, the original and the new birth of the adopted child's number, date and place of birth
the adopted child, the adoptive parents and social security numbers, date of the entry into force of the decision
adoption or the decision to cancel the adoption,
about) the date, place and County of death; in the case of deaths outside the territory of the Czech
of the Republic, the State on whose territory the death occurred, or the date of death,
p) a day, that was the decision of the Court on the declarations for the dead mentioned
as the day of death or the date on which the stranger declared dead survivors,
q) day, which was in the decision of the Court declaring the missing listed
as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition
the decision of the Court on the declarations for the missing.
(5) Provided the information referred to in paragraph 1 (b). (d))
and, where applicable, names) the name, surname, maiden name, if applicable,
(b) the social security number),
(c) in the case of changes to social security), the numbers of the original social security number,
(d)) the day, month and year of birth,
e) place and County of birth, in the case of physical persons born abroad the State, on the
whose territory was born.
(6) data that are kept as reference in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(7) from the data provided can be used in a particular case only
such information, which are necessary to fulfil that task.
(8) health insurance be communicated to the authorities of the sickness insurance scheme of the
their information systems ^ 60) on the request in electronic form, in a manner
enabling remote access to information about the
name and surname), surname, birth date, hometown, birth,
residence and employment specific policyholders,
(b) the name and registered office of the employer) specific policy holders;
information shall be communicated to those authorities of sickness insurance,
that are relevant to the implementation of these insurance policyholders.
Section 6
Data communication abroad
section 119
(1) the authorities of the sickness insurance scheme shall communicate on request or from the official
obligations of the authorities of the sickness insurance scheme member States of the European Union
the data needed for the implementation of policies, including data on
individual policies ask ^ 61).
(2) the competent authorities shall notify the authorities of sickness insurance
health insurance the States that are not members of the European Union and with
which the Czech Republic has concluded an agreement on social security,
the information necessary for the implementation of these international agreements, and for the implementation of the
obligations arising from administrative arrangements to those treaties.
(3) Other foreign authorities shall notify the authorities of sickness insurance
health insurance based on their request, information relating to
each of the parties to the extent necessary for the proceedings in matters relating to insurance.
(4) The communication of information to the extent that this foreign law is not
require the consent of the Office for personal data protection.
(5) if the Commission of the European communities found in article 42(2). 31
paragraph. 2 of the directive of the European Parliament and of the Council 95/46/EC that the Member State
The European Union or of another State does not ensure an adequate level of protection
of personal data, the data required by the authorities of that State shall
do not provide ^ 62).
Part 3
Insurance information systems
§ 120
(1) the information collected by the sickness insurance institutions for the purposes of
implementation of insurance constitute a data base of information systems
the insurance. Individual health insurance authorities are entitled to
collect information to the extent necessary for the performance of their tasks in the
the area of insurance, and including information about individual policies ask.
(2) the arrangements relating to information collected or provided for
the purpose of the implementation of the insurance or the fulfilment of the tasks it also applies to the
the data needed for the sickness insurance institutions for the performance of tasks
resulting in insurance law of the European communities and of the
international treaties.
(3) from information systems to provide insurance information to the extent
established by law or by special laws.
(4) the authorities of the sickness insurance scheme may keep a record of the physical
persons for the purposes of this Act, in accordance with their social security numbers.
§ 121
(1) information systems, insurance policy holders and registers are registers
the employers.
(2) information systems are information systems of public insurance
management under special legislation ^ 63).
(3) information systems, insurance is not publicly accessible. Access to the
insurance information systems have the sickness insurance institutions and
authorities carrying out pension insurance, and even to
remote access.
§ 122
Registry policy holders
(1) the Registry of insured persons is used
and the Czech Social Security Administration) to carry out the tasks arising for
the law of the European Community and of international treaties and to
the implementation of the insurance
(b)), the district administrations for the implementation of social security insurance, and
(c) the staff of the authorities for the performance of) the tasks arising for them from the law
Of the European communities and of the international conventions and to implement the
the insurance.
(2) the registry administrator, insured persons are
and the Czech Social Security Administration), in the case of employed persons, and
self-employed persons,
(b)) in the fields of its competence staff authorities, with respect to members and
the sentenced person.
(3) the register of insured persons contains policies ask the following information:
and the name and surname),
b) native and all other previous current forenames, surname
(c)) date and place of birth and date of death of the insured person,
(d)), gender,
(e) a social security number),
f) citizenship,
(g)) the address of the place of residence, and in the case of foreign nationals,
also the address of stay on the territory of the Czech Republic, where the contact
the insured's address, if different from the address of the place of residence and
beneficiary, it announced
h) commencement and termination of membership; for the employment of small and
employment on the basis of the agreement on the implementation of the work, access to employment and
the end of the period of employment for contract staff and the start and end of the
the performance of work for the contract, the employer
I) kind of gainful activity the founding participation in insurance,
j) business name, business name or name and last name of the employer, including
the address of its registered office or permanent residence or place of business,
to the person's employer identification number), or individual
the number of the employer
l) variable symbol the payer of social security and
contribution to the State employment policy,
m) data on the dose and the duration of the temporary incapacity,
n) record, whether the employee is in receipt of a retirement or invalidity pension, and from
When it receives,
the name of the insured person's health insurance),
p the previous name), which was conducted by the insurance authority employee, if
It is not the Czech social security administration,
q) in the case of self-employed persons, data on the monthly amount paid
the premium for the insurance of self-employed persons,
r) information about the beneficiary of the insurance is involved also carried out
other institutions of sickness insurance,
s) name and address of foreign insurance holders,
t) foreign insurance number,
u) place of work if it is permanently abroad, and an indication of whether the
an employee in the State in which the place of performance of the work, compulsory
participate in the pension insurance,
in the monthly amount of the survivor) in insurance, if the
foreign employees
w) name, surname, identity number and address of the place of residence
a special recipient,
For more information), if their registration from the requirements of the law
Of the European communities and of the international treaties on social
Security.
(4) the insured Registers may be kept together with the registry policy holders
pension insurance under a special legal regulation as ^ 64)
the common register of insured persons of insurance and pension insurance.
section 123
Registry of employers
(1) the Registry of employers use the sickness insurance institutions to the
the implementation of the insurance, to fulfil the tasks arising for them from the law
Of the European communities and of international treaties and for monitoring compliance with
employers ' obligations in matters relating to insurance, and to the implementation of the
employers ' obligations in matters of social security
and contribution to the State policy of employment and pension matters
the insurance.
(2) the administrator of a registry of employers are
and the Czech Social Security Administration), if the employer
employed persons,
(b)) in the fields of its competence staff authorities, if the employer
members and convicted persons.
(3) in the registry of employers managed the Czech administration of social
Security is about employers lead the following information:
and the business name, the name) or the name and surname of the employer, including
the address of its registered office or place of residence, or the place of
business,
(b)) the day of the births and deaths of the employer,
(c) the person's employer identification number), or individual
the number of the employer
(d)) the variable symbol of the payer of social security and
contribution to the State employment policy,
(e)) on the selection of social security and a contribution to the State
employment policy,
(f)) the names of the financial institutions, which has held accounts,
(g)) of the cancellation of the employer.
(4) the employer who has
and more labour economics), the register of employers also contains
1. variable symbols and addresses labour economics,
2. the names and surnames of persons who are authorised to on behalf of the employer
to act for the individual payroll,
3. the circuit staff organizational folder, or otherwise defined range
employees, for which each of the Payroll Accounting Office keeps records of wages or
salaries,
(b)) only one payroll, but its place is not the same as its
registered office, the register of employers also contains
1. the variable symbol and the address of the payroll,
2. the name and surname of the person who is authorised to on behalf of the employer
Act for the payroll section.
(5) in the registry of employers to managed service authorities shall
information about the business units referred to in paragraphs 3 and 4, which
business services seem adequately into account if in these departments
place the service members whose insurance shall be carried out; This is true
Similarly, for the prison and the Constitution for the exercise of security detention,
in the case of the convicted person.
(6) the information kept in the register of employers for insurance purposes
be kept for a period of 10 calendar years following the year in which the
natural or legal person or business departments have ceased to be
by the employer.
THE HEAD OF THE
LIABILITY, PENALTIES AND ADMINISTRATIVE DELICTS IN THE INSURANCE
Part 1
Liability insurance and the penalties
section 124
Responsibility for the overpayment
(1) the Policyholder or other beneficiary, who has failed to fulfil one of his
obligation imposed or accepted the batch or part of it, although he had to of
circumstances to assume that she was wrongly paid out or higher
amount than due, or otherwise caused, that the levy was paid
wrongly or in a higher amount than belonged, is obliged to pay the Bill-to customer
benefits overpayment on the dose. If any other natural person or legal
the person harmed, that the levy has been paid unduly or in a higher amount,
than belonged, is required to reimburse the payer benefits overpayment on the dose.
(2) the beneficiary is required to reimburse the payer benefits overpayment on sickness
Furthermore, in the case of sick leave, when he was paid at a time when for
the award of a pension referred to in section 25 (a). (b)) nenáleželo, or if he
paid sick leave was longer than is provided for in section 28 paragraph.
1, or if the overpayment is incurred because the sickness was paid in
When as a result of the award of old-age pension or back
disability pension for disability of the third degree nenáleželo also from
the grounds listed in section 15, paragraph. 4 (b). and) (a). 5 (a). (b)).
(3) if the overpayment on the levy referred to in paragraph 1 has caused more
the bodies correspond to the payer benefits for the overpayment to batch together and
severally and mutually settled according to the degree of fault, if the
agree otherwise. Disputes about the mutual settlement of the courts shall decide.
(4) a claim for reimbursement of the overpaid on the dose according to paragraphs 1 to 3 shall cease
the expiry of 5 years from the date of payment of this levy. The period referred to in the first sentence
does not imply for the procedure for the application for enforcement of a decision, or
If the reimbursement of an overpayment made deductions from the income or benefits.
(5) the obligation to pay the excess to the levy arises on the basis of the decision of the
the competent authority of the sickness insurance of the obligation to return this
the overpayment.
(6) the obligation to reimburse the overpayment on the dose does not arise, if the amount of the overpayment.
the amount is less than $ 100; This overpayment is then charged to the authority
sickness insurance. Sickness insurance institution may wholly or
partially waived yet outstanding overpayment, in particular if it would
compromised nutrition, who is obliged to reimburse the overpayment.
(7) who is responsible for the overpayment, the sickness insurance institution
allow the excess payment in instalments. Sickness insurance institution
may cancel the authorization of payment by instalments, if the overpayment that,
to which the payment of the excess to pay in instalments is enabled, any
the repayment of the overpayment in time or in the correct amount.
(8) the policyholder or other beneficiary benefits, which were paid to the
the levy, which he nenáležela, but during the same period he belonged to another
levy, credit the overpayment to the levy paid with a dose or with its
an additional charge for this period.
section 125
Reduction or withdrawal of sickness
(1) the policyholder, which violated the mode temporarily unable to work
the insured person or to fulfil the obligation of co-operation in inspection mode
temporarily unable to work the insured person according to § 64 paragraph. 1 (a). (b)), the
be sick temporarily remembrances or withdrawn, and this for a period of not more than 100
calendar days from the date of violation of this regime or failure to comply with
the obligations of this synergy, but not for longer than until the termination of the temporary
incapacity, during which there has been a violation of this regime.
(2) If it has already been paid sick leave, the amount paid shall be considered as
the sickness for the overpayment on the dose, which is the insured party is obliged to
reimburse the payer benefits.
(3) the authority may reduce the sickness insurance or withdraw
sick leave shall lapse on the expiry of 1 year from the date on which the infringement scheme
temporarily unable to work or to the insured's failure to fulfil obligations
co-operation in inspection mode, temporarily unable to work the insured person
has occurred. The period referred to in the first sentence does not imply for governance of the reduction
or withdrawal of sickness and for control of the application.
§ 126
Regression substitution
(1) the person who has caused as a result of his culpable infringement
the hearing determined by the Court or administrative authority has to
applicable to the entitlement to a benefit, it is obliged to pay to the authority
the sickness insurance of the regression replacement. Entitlement to the refund is not a regression
sickness insurance institution to policyholders, which was dose
paid.
(2) If the grounds for entitlement to benefit the cause
more bodies, correspond to the sickness insurance institution jointly and
severally and mutually settled according to the degree of fault, if the
agree otherwise. If one of the following persons to the beneficiary, which was
the levy paid to the sickness insurance institution, the only other
bodies; the above regression refund relatively reduced. Disputes concerning the
the mutual settlement of the courts shall decide.
(3) the refund shall be fixed in the regression of paid benefits.
(4) the obligation to pay compensation on the basis of regression arises the decision
the competent authority of the sickness insurance scheme of the obligation to pay the
replacement.
(5) a claim for payment of the refund shall lapse on the expiry of a regression for 5 years from the date of
When the sickness insurance institution found the fact that the creation of
social events, from which the title of the batch was paid,
as a result of the negotiations referred to in paragraph 1, but no later than the expiry of the 10
years from the date of this social event.
(6) the provisions of § 124, paragraph. 6 and 7 shall apply mutatis mutandis for the regression pay.
(7) the sickness insurance institution is obliged to submit a complaint to the competent
administrative authority or to another public authority to initiate proceedings,
If this procedure could be to identify culpable
infringement that has significance for the regression of the refund.
Part 2
Administrative offences
Section 1
Misdemeanors
§ 127
(1) a natural person has committed the offence by
and shall not divulge to the sickness insurance institution), at its request, the information referred to in section
paragraph 117. 1,
(b) to communicate, at the request of the authority) sickness insurance information according to §
78, or
(c)) do not communicate the District Social Security Administration the fact referred to in
§ 104 paragraph. 3.
(2) for the offence referred to in paragraph 1 may be to impose a fine up to CZK 20,000.
§ 128
(1) the beneficiary or beneficiary who is not the beneficiary, is guilty of
offence by
and the economy) the operative events for his participation in the insurance and
deciding on entitlement to a benefit under section 103, paragraph. 1 (a). and) or is
economy within the time limit laid down in section 103, paragraph. 2, or
(b) sickness insurance institution) does not report the grounds for
entitled to benefit and its payment under section 103, paragraph. 1 (a). (b)).
(2) the beneficiary commits an offence by
and the breach temporarily work mode): the insured person pursuant to § 56 paragraph. 2
(a). and) or (e)), and that is if an employee, in the period of the first 14
calendar days of temporary incapacity and from 1. January
2012 to 31. December 2013 in the period of the first 21 calendar days of temporary
inability to work, and is a national, in the period of the provision of
service income during temporary inability to work,
(b)) when you exit does temporary work incapacity attending
the doctors decisions about the emergence of temporary incapacity pursuant to section 64
paragraph. 1 (a). (l)),
(c)) does not appear in the specified term for attending physicians or doctors
the competent sickness insurance institution to review the assessment of the
health status and temporary incapacity pursuant to § 64 paragraph. 1
(a). (c)),
(d)) do not communicate according to § 64 paragraph. 1 (a). (h)) the dentist or physician in recognition
temporary incapacity for their place of residence, which will in time
temporary incapacity, or indicate a non-existent address
This place, or
e) fails to comply with paragraph pursuant to section 64. 1 (a). (g)), the date by which it is obliged to
After providing a bed or a comprehensive Spa
rehabilitation care to attending physicians to check temporary
inability to work.
(3) the offence referred to in paragraphs 1 and 2, you can impose a fine up to CZK 20,000.
§ 129
(1) the employee is guilty of an offence by
and do not communicate or submits the employer) the information referred to in section 103, paragraph. 3,
(b) the employer shall not divulge information about) the contracted period of employment under section 103
paragraph. 1 (a). (d)),
(c) notifies the employer in advance) the change of the place of residence pursuant to § 56 paragraph.
3, or
d) contrary to § 64 paragraph. 1 (a). p) gives the employer shall immediately
the decision about the creation of temporary incapacity, the decision on the
their temporary inability to work or the decision to change the mode
temporarily unable to work the insured person.
(2) for the offence referred to in paragraph 1 may be to impose a fine up to CZK 20,000.
section 130
(1) a self-employed person has committed the offence by
and informs the District Administration) of social security data according to § 104
paragraph. 1 (a). and) or d), or
b) contrary to § 104 paragraph. 1 (a). (c)) to challenge the district administration
social security does not appear in the day on the district administration
social security or other designated location to perform the
monitoring the implementation of the obligations of the insurance.
(2) for the offence referred to in paragraph 1 (b). and you can impose a fine to) 20 000
And for the offence referred to in paragraph 1 (b). (b)) to a fine of $ 10,000.
§ 131
(1) a natural person as an employer referred to in § 92 paragraph. 1 (a). and)
commits an offence by
and logs on to the registry) of the employers under section 93, paragraph. 1,
(b)) every log on payroll to the registry of employers
under section 93, paragraph. 2,
(c)) does not report the District Social Security Administration data according to § 93
paragraph. 3,
(d) log off from the registry) of the employers under section 93, paragraph. 4,
e) log off your payroll Office of the registry of employers under section 93
paragraph. 5,
(f) fails to notify the District Administration) of social security under section 94, paragraph. 1
the advent of the employee to the end of the period of employment or employment
the employee,
(g)) the social security administration has notified the district change the data according to §
paragraph 94. 2,
(h)) does not accept the request for benefit, and other documents required for
determining entitlement to a benefit and its payment pursuant to § 97 paragraph. 1 the first sentence,
I) does not pass according to § 97 paragraph. 1 the first sentence and the second request
or other supporting documents necessary for determining entitlement to a benefit and its
the payment or the calculation of benefits or fails to notify the fact that may have
effect on the payment of benefits,
(j)) does not pass the data according to § 97 paragraph. 1 the fourth or the sixth sentence,
to fail to comply with corrective measures) the shortcomings detected in the implementation of
the insurance referred to in section 98, paragraph. 2,
l) contrary to section 98, paragraph. 3 to call the district administration of social
security does not appear in the day on the district administration of social
security or other designated location to perform checks on the implementation of the
responsibilities in insurance,
m) informs the District Social Security Administration data under section 98, paragraph.
1 or does not give information about them, or fails to submit the documents and records,
n) does not register the employee to the extent provided for in section 95,
about) neuschová records of the facts included in the register under section 95 after
the period provided for in § 96 of the first sentence,
p) informs the District Social Security Administration site, where they will be
stored records, which is required to keep under section 96, the third sentence,
q) informs the district social security administration information according to § 65
paragraph. 1 (a). and (b)) or), or
r) have not made under section 62, paragraph. 1 shall immediately request the provider
pracovnělékařských services to perform medical examinations of health
reasons.
(2) for the offence referred to in paragraph 1 (b). l) you can save the fine to 10,000
CZK for the offence referred to in paragraph 1 (b). a) to (g)) and m) to r) fine to
20 000 Czk, for the offence referred to in paragraph 1 (b). (h) to (j))) a fine of up to 50
000 CZK and the offence referred to in paragraph 1 (b). to a fine of up to 100 000) Usd.
§ 132
(1) a natural person referred to in § 113 paragraph. 1 to 3 commits an offence
the fact that breach of an obligation to maintain the confidentiality of the facts,
which is obtained in the performance of duties in the area of insurance, or in the
connection with them or that they learned during the proceedings in matters
the insurance.
(2) for the offence referred to in paragraph 1 may be fine to 100 000 Czk.
section 133
(1) a natural person as a specific beneficiary commits an offence
by the request of the authority, the absence of health insurance pursuant to § 112
paragraph. 2 sentence third written notification of the action which, as guardian of
made, or written statement of benefits, that she was paid.
(2) for the offence referred to in paragraph 1 may be to impose a fine up to CZK 20,000.
§ 134
(1) a natural person as liquidator commits an offence by
log off of the employer from the registry of employers under section 93, paragraph. 4.
(2) for the offence referred to in paragraph 1 may be to impose a fine up to CZK 20,000.
Section 2
Administrative offences of legal persons
§ 135
(1) a legal person commits misconduct by
and shall not divulge to the sickness insurance institution), at its request, the information referred to in section
paragraph 117. 1, or
(b) to communicate, at the request of the authority) sickness insurance information according to §
78.
(2) for the administrative offence referred to in paragraph 1 may be to impose a fine up to CZK 20,000.
§ 136
(1) a legal person as an employer referred to in § 92 paragraph. 1 (a).
and committed misconduct) by
and logs on to the registry) of the employers under section 93, paragraph. 1,
(b)) every log on payroll to the registry of employers
under section 93, paragraph. 2,
(c)) does not report the District Social Security Administration data according to § 93
paragraph. 3,
(d) log off from the registry) of the employers under section 93, paragraph. 4,
e) log off your payroll Office of the registry of employers under section 93
paragraph. 5,
(f) fails to notify the District Administration) of social security under section 94, paragraph. 1
the advent of the employee to the end of the period of employment or employment
the employee,
(g)) the social security administration has notified the district change the data according to §
paragraph 94. 2,
(h)) does not accept the request for benefit, and other documents required for
determining entitlement to a benefit and its payment pursuant to § 97 paragraph. 1 the first sentence,
I) does not pass according to § 97 paragraph. 1 the first sentence and the second request
or other supporting documents necessary for determining entitlement to a benefit and its
the payment or the calculation of benefits or fails to notify the fact that may have
effect on the payment of benefits,
(j)) does not pass the data according to § 97 paragraph. 1 the sixth sentence,
to fail to comply with corrective measures) the shortcomings detected in the implementation of
the insurance referred to in section 98, paragraph. 2,
l) contrary to section 98, paragraph. 3 to call the district administration of social
security does not appear in the day on the district administration of social
security or other designated location to perform checks on the implementation of the
responsibilities in insurance,
m) informs the District Social Security Administration data under section 98, paragraph.
1 or does not give information about them, or fails to submit the documents and records,
n) does not register the employee to the extent provided for in section 95,
about) neuschová records of the facts included in the register under section 95 after
the period provided for in § 96 of the first sentence,
p) informs the District Social Security Administration site, where they will be
stored records, which is required to keep under section 96, the third sentence,
q) informs the district social security administration information according to § 65
paragraph. 1 (a). and (b)) or), or
r) have not made under section 62, paragraph. 1 shall immediately request the provider
pracovnělékařských services to perform medical examinations of health
reasons.
(2) for the administrative offence referred to in paragraph 1 (b). l) can be fine to 10
USD, for the administrative offence referred to in paragraph 1 (b). a) to (g)) and m) to r)
a fine of up to 20 000 Czk, for the administrative offence referred to in paragraph 1 (b). h) to (j))
a fine of up to 50 000 € and for the administrative offence referred to in paragraph 1 (b). k)
a fine of up to 100 000 Czk.
§ 137
(1) a legal person as the legal successor of the employer or as a
the liquidator committed misconduct by the employer of the log off
registry of employers under section 93, paragraph. 4.
(2) for the administrative offence referred to in paragraph 1 may be to impose a fine up to CZK 20,000.
§ 137a
(1) a legal person as a specific beneficiary commits an administrative
tort by the sickness insurance institution, on request, have not made under section
paragraph 112. 2 sentence third written notification of the action which, as guardian of
made, or written statement of benefits, that she was paid.
(2) for the administrative offence referred to in paragraph 1 may be to impose a fine up to CZK 20,000.
§ 138
(1) the provider of health services referred to in section 54, paragraph. 1 commits
the administrative tort by
and does not register under section), 61 (a). (b)) or the registration under section 69 (a).
(b)),
(b)), pursuant to section 61 does not send messages (a). (e) the relevant part of the form) or
under section 105 of the second sentence,
(c)) provides for the term control or nepředvolá of the policyholder or the person with the
the need for care to check under section 61 (a). (f)) or section 69 (a). (d)),
(d)) has notified under section 61 (a). q) sickness insurance institution
the release temporarily unable to work the insured person from their care or
taking over temporarily from work insured another incompetent care
the attending doctor in your care,
e) notifies the according to § 61 (e). r) sickness insurance institution change
its registered office, or change of your workplace,
f) notifies the according to § 61 (e). n) sickness insurance fundamental
change the diagnosis of the disease,
g) notifies the according to § 61 (e). about health insurance and authority)
employers violating the labour temporarily inefficient mode of the policyholder,
(h)) does not result in medical documentation under section 61 (a). u) or under section 69
(a). (g)),
I) enables the authority without the prior written consent of sickness
insurance change place of residence of the insured person in an inefficient work temporarily
the cases referred to in § 56 paragraph. 3 the third sentence,
j) decides about the emergence of temporary inability to work, without the prior
written consent of the Insurance Authority in the cases referred
in section 57, paragraph. 3 or section 57, paragraph. 5,
to) exceeds entitlement referred to in section 54, paragraph. 2,
l) Decides in a one year period for their unjustified temporary
inability to work or the need for care in at least 3 cases of
which therefore had to be decided by the authority of the health insurance
under section 75, paragraph. 1,
m) decides the matters of temporary incapacity or needs
the treatment at the time of the prohibition laid down in accordance with § 79 paragraph. 1 (a). (c)), or
does not inform the policyholder in advance in accordance with section 61 (a). x) or section 69 (a). (I))
the fact that after a fixed period, does not have permission to make decisions in matters relating to the temporary
inability to work or the need for care,
n) sickness insurance institution does not send documents on health status
the insured person under section 80 (2). 4,
about) does not inform pursuant to section 61 (a). (g)), the competent authority, the health
insurance on a prescribed form not later than the following working day
about the decision to allow walks and change their scale or time or
about how to enable the change of the place of stay of the insured person at the time of temporary work
insolvency,
p) nevyznačí pursuant to section 61 (a). even) when discharge from inpatient care, if
his State of health does not allow policyholders to exercise existing
the insured activity, on the decision of temporary work
the inability of the day release from inpatient care and place of residence, where it will be
insured person after this release, and this fact has not notified
arguably, no later than the second day after the release of the insured person to the competent
the sickness insurance institution, or
q) does not record under section 61 (a). to) in the decision about the emergence of temporary
incapacity the insured to his day care and day
the release of the insured's care, day care, boarding and day bed
their inpatient care and day further treatment or control, and if
its health policyholders upon release from the bed or complex
Spa sanatorium rehabilitation care does not allow to carry out existing
the insured activity, except as provided in the term in which the beneficiary is obliged to
come to review the temporary incapacity the treating
doctor, and until the seventh calendar day after the date of their
inpatient comprehensive rehabilitation and Spa care.
(2) the provider of health services has committed misconduct by
that
and, at the request of the authority) does not make health insurance examination
the State of health under section 77, paragraph. 1 (a). and does not) or is in the
the period referred to in section 77, paragraph. 3,
(b) fails to comply with the obligation to process medical) the supporting documents referred to in section 77, paragraph. 1
(a). (b) fails to comply with this obligation) or within the time limit referred to in section 77, paragraph. 3,
(c) fails to comply with the obligation to provide information), or allow the inspection of
medical documentation or rent medical documentation under
section 77, paragraph. 2 or fails to comply with this obligation within the time limit referred to in section 77, paragraph.
3, or
(d)) under section 70 does not confirm the acceptance of the person being treated to provide inpatient
care,
e) contrary to section 105 does not confirm the quarantine regulation, its duration, and
termination or of the relevant part of the form does not send to the competent authority
sickness insurance or does not pass to the policyholder.
(3) for the administrative offence referred to in paragraph 1 (b). and) to (j)) and on) to q) can be
impose a fine up to $ 10,000, for the administrative offence referred to in paragraph 1 (b). k)
and n) and paragraph 2 of the fine to Eur 50 000 and for the administrative offence under
paragraph 1 (b). l) and m) fine to 100 000 Czk.
§ 138a
(1) the provider of health services referred to in section 54, paragraph. 1 further
committed misconduct by
and) contrary to section 61 (a). and (b), or section 69). and decides on the occurrence)
temporary disability or the need for care in the day, when it
found
(b)) in contravention of section 61 (a). m) or section 69 (a). e) Decides to their
temporary disability or the need for care in the day
He found that the applicable reasons for temporary inability to work or the needs
the treatment,
(c) fails to comply with, in time) that may enable or allow walks walks
outside of the range specified in § 56 paragraph. 6 or request the prior written
the consent of the doctor's sickness insurance institution pursuant to § 56 paragraph. 6,
(d)) has notified under section 61 (a). in) the employer that is the assumption that the
his work temporarily incapacitated employee will no longer be able to perform
the current activity of the insured and that the temporary incapacity
employees will be terminated by 30. calendar day after the date of the discovery of this
provided,
(e)) in contravention of section 61 (a). (c)) provides for the mode temporarily unable to work
the insured person or the insured person does not inform of this mode,
(f)) in contravention of section 61 (a). h) has assessed whether the insured person has to
restoring working ability, and after a period of 180 calendar days
temporary incapacity, whether the insured's health status
stabilized,
(g) does not provide the necessary synergies) under section 61 (a). p) or section 69 (a).
(f)) or under section 74, paragraph. 4 health insurance authority when checking
assessment of temporary incapacity or the need for care,
(h)) does not pass the insured persons under section 61 (a). (d)) or section 69 (a). (c)), the competent
the form,
I) confirm, pursuant to section 61 (a). (j)) or under section 69 (a). and policyholders on)
the prescribed form for the purposes of payment of benefits or compensation
wages, salary or remuneration in the period of temporary incapacity duration
temporary incapacity or duration of care needs,
j) pursuant to section 61 (a) does not inform. l) registering the insured's physician in
set time limit for termination and duration of temporary incapacity
and diagnosis,
k) does not pass under section 61 (a). with pracovnělékařských service provider)
at his request, a report on the State of health temporarily unable to work
the insured person,
l) do not communicate under section 61 (a). in the employer temporarily unable to work)
the insured person at his request, the information referred to in section 65 paragraph. 2 (a). (b)),
m) going under section 61 (a). t) the relevant forms for the purposes of
the implementation of the insurance, or does not, pursuant to section 61 (a). w) in the specified
cases of documents or forms
n) reports on a soldier by profession registrujícímu doctors to 7 calendar
the days of the emergence of temporary incapacity under section 61 (a). (l)),
does not comply with the request of the authority of the) sickness insurance according to section 66 paragraph. 2,
p) provides under section 67 (a). and the insured's expected date) pregnant
giving birth and this day to acknowledge on the prescribed form,
q) certifies in accordance with section 67 (a). (b) the prescribed form), that
pojištěnka gave birth to, and the day of delivery, if the insured's financial assistance in the
maternity paid before the date of delivery,
r) fails to comply with point (a), pursuant to section 67. (c)) the obligations of the physician referred to in
section 61 (a). t) and w),
with) is not confirmed under section 67 (a). (d) the prescribed form), that the mother
the child cannot or may not take care of the child for the serious long term
disease [section 32 (1) (b), (d))], for that would be recognised temporarily
the work of incompetent under section 57, paragraph. 1 (a). (e)), pojištěnkou,
t) nevyznačí pursuant to section 59 paragraph. 2 the decision on termination of temporary
termination of incapacity temporary incapacity in the case of
that the insured person was recognized by the disability.
(2) for the administrative offence referred to in paragraph 1 may be to impose a fine up to $ 10,000.
section 139
(1) the provider of pracovnělékařských services is guilty of misconduct
that issued the opinion on medical fitness work temporarily
failure of the policyholder in accordance with section 62, paragraph. 2.
(2) for the administrative offence referred to in paragraph 1 may be to impose a fine up to $ 10,000.
§ 140
(1) the device referred to in section 39, paragraph. 1 (a). (b) point 1 commits)
the administrative tort that does not confirm, pursuant to section 106 of its conclusion.
(2) for the administrative offence referred to in paragraph 1 may be to impose a fine of up to 50 000 Czk.
§ 141
(1) the holder of the postal licence or financial institution commits an administrative
tort by the challenge of the sickness insurance institution submits the
fact pursuant to § 107.
(2) for the administrative offence referred to in paragraph 1 may be to impose a fine up to CZK 20,000.
Section 3
Common provisions
section 142
(1) administrative offences of legal persons under this Act shall
hear from official duties.
(2) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(3) in determining the amount of the fine, the legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed. From the imposition of fines can be waived,
If the discussion is sufficient to remedy the misconduct.
(4) liability of legal persons for the administrative offence shall cease, if the
sickness insurance institution has control of it within one year from the date of
the date on which it learned, but no later than 3 years from the date when the
committed.
(5) The responsibility for negotiations under section 138 to 139, which occurred when the
the business of a natural person or in direct connection with the applicable
the provisions on the liability of legal persons or recourse.
(6) administrative offences under this law in the first instance be discussed in
its scope of District Social Security Administration and staff
authorities.
(7) the Fines collected and enforced by the sickness insurance institution, that fine
saved by. Income from fines is the income of the State budget.
TITLE VI OF THE
PROCEEDINGS IN MATTERS RELATING TO INSURANCE
§ 143
(1) in proceedings for the offences shall be treated according to the law on offences ^ 66),
unless otherwise provided for in this Act. In proceedings concerning administrative offences
legal persons and natural persons-entrepreneurs as
administrative code, unless otherwise provided for in this Act.
(2) the administrative procedure does not apply to cases where, under this Act,
decide when assessing the health of doctors treating, and on
the procedure of official departments, prisons and institutions for the performance of the security
detention under this Act.
§ 144
The participants in the proceedings
(1) in proceedings in matters relating to the participation of employees of the insurance is the participant of the
also his employer, which has the status of party to the proceedings
pursuant to section 27. 1 of the administrative code.
(2) in the case of the claim for payment of a transition benefits under section 51, paragraph. 1 are
the participants in the proceedings about the batch also the persons referred to in this provision.
§ 145
Initiation of proceedings
(1) Proceedings in matters relating to the participation of insured persons with insurance launches on
the proposal for the insured person, his employer or ex officio.
(2) the procedure for dose is initiated on the basis of a written request from the insured person's
filed pursuant to § 109 paragraph. 3 to 6 or, under section 153, paragraph. 6.
(3) the procedure for the payment of sickness after the support period (section 27)
initiated on the basis of a written request from the insured person. This request can be made
not later than 3 months after the date on which the support period has expired.
(4) the procedure for change of the amount paid or acknowledged the benefits of the
withdrawal or halt its payroll, and the procedure for the granting of benefits wrongly
the reintroduction of the launches on the insured's proposal, his employer or from
ex officio.
(5) the procedure for the reduction or withdrawal of the sickness, the proceedings for the obligation
to reimburse the overpayment on the levy and the procedure for the refund of the regression is initiated
ex officio.
(6) the procedure for the remission of overcharged on a batch or regression of the refund
initiated on the basis of written application to the principal.
(7) the procedure for authorisation of payment of sums on the dose and the regression of the refund in the
instalments shall be initiated upon a written request of the principal.
section 146
Explanation and affidavit
(1) the examination of the notification, the other initiatives and their own findings to the authority
sickness insurance, which could be the reason for the initiation of the
ex officio, may require necessary sickness insurance institution
the explanation also in written form.
(2) the authority of the sickness insurance scheme may, in place of evidence to admit the resolution
affidavit of the party. In the solemn declaration is
shall be obliged to give true information. The resolution on the admission of affidavit
only the notes in the file.
§ 147
The deadline for the release of the decision of the
(1) the time limit for the issuance of the decision, in addition to the periods provided for in the administrative procedure
extended also the time after which the operative event for the došetřují
employers and other legal or natural persons, administrative
authorities, foreign holders of sickness, pension, health
or accident insurance (security), the period during which the provider
health services fulfils the obligations under section 77, paragraph. 1 in the time limit
set by the sickness insurance institution, and by the time that the authority
sickness insurance established who the submission made to correct
weaknesses of administration.
(2) if the request for payment of the sickness after the support period
filed earlier than 1 month before the expiry of the period of support, the time limit for
the release of the decision from the beginning 1 month before the date on which the period of support
elapses.
§ 148
cancelled
section 149
Delivery
(1) the decision is delivered also to the employer in the
and the reduction or withdrawal of sickness) in violation of a temporary mode of work
the insured's failure to fulfil its obligations or in conjunction
the insured person when checking the mode temporarily unable to work, the insured person
(b) the obligation to reimburse the overpayment, staff) on the sickness or the amount of the
This overpayment,
(c) the obligation to pay compensation) regression and the amount of the refund, if the
the employer of the insured person, which was a result of social events
paid the levy.
(2) the addressee is also the addressee which is
day delivery firm for the beginning of the period or for the determination of the term
and failure to comply with those time limits for the beneficiary could be associated with the legal
the injury.
(3) sickness insurance institution can deliver the writ in cases
the excess on the dose, the regression of the refund or execution also through
the police authority of the place of service.
(4) in the case of service abroad, the health authority shall appoint
guardian insurance recipients who reside abroad or whose
residence or head office or other delivery address is in a foreign country, only
in the event that the document is in matters of benefits overpayment on the dose
or regression of the refund.
section 150
The decomposition of
Against the decision of the prison service of the Czech Republic, the General
Directorate of customs duties, the General inspection of security forces, security
information service and the Office for foreign relations and information, you can submit
the decomposition of which in the fields of its competence, the relevant Directors decide,
who is at the head of the security forces.
§ 151
The appeal and the decomposition of
(1) the appeal and decomposition are permitted against the decision of the
and withdrawal sickness because of) their temporary incapacity
or quarantine or withdrawal of ošetřovného due to their needs
the treatment,
(b) the payment of the excess on) to allow batch or regression of the refund in the
installments, c) remission of the obligation to pay the overpayment on a batch or
pay the regression replacement.
(2) in the absence of the appellant or the appeal of corruption with the requisite number of
copies may also be drawn up on the sickness insurance institution of your
the cost.
§ 152
The effects of appeals and degradation
Do not have a suspensive effect of the appeal and the decomposition of
and) filed against the decision by which the batch was withheld or withdrawn or
which has stopped its payment, as well as against the decision on the termination of the
temporary disability or the need for care,
(b)) in which he argues that the dose has to be granted at higher levels, or from
the earlier data.
§ 153
Summary proceedings
(1) In summary proceedings shall be decided by the District Social Security Administration
about
and the claim for payment of the levy) in cases where the common ground is the fulfilment of the
the conditions of entitlement to benefit and the payment and amount of benefits,
(b) the amount of the benefits paid changes) in cases where the amount of the levy is the new
the undisputed,
(c) the cessation of the right to payment) benefits in cases when it is common ground that the
the conditions for entitlement to a benefit is no longer met,
(d)) of the overpayment to the sickness as a result of the award of old-age-back
retirement or disability pension for disability of the third degree,
e) clearing benefits under section 124, paragraph. 8.
(2) it was decided in the shortened procedure, this decision,
and if the batch) was granted in the form of its payouts,
(b) if the above) has been changed in the form of payment of benefits, benefits in the newly established
the amount,
(c)) if the cessation of the right to payment of benefits, in the form of stopped her
the payouts.
(3) On summary proceedings shall not apply the administrative code.
(4) the initiation of summary proceedings, the parties are not notified.
(5) summary decision is issued; in these cases, the
the beneficiary receives the written notice [section 84, paragraph 2, point (b) (c))].
(6) if the beneficiary does not agree with the result of summary proceedings, may submit a
the District Social Security Administration within 30 days from the date of
payment of benefits, or from the date of delivery of the written notice referred to in paragraph 5
the termination of the payment of benefits a written request for the issue of a decision on levy, in
which indicate the reasons for disagreeing with the result of this procedure. The filing of this
the application initiating proceedings for the batch.
(7) if the District Social Security Administration to decide on the
Summary of the proceedings, shall notify in writing the parties to initiate the procedure, the
covered by the administrative code. The time limit for issuing the decision runs from
the date on which the party was served the notice of initiation.
§ 154
Decision on termination of temporary incapacity and the need
the treatment of
(1) against the decision of the authority of the health insurance of their temporary
inability to work or the need for care can lodge an appeal within 3
days from the date when the decision was announced.
(2) the sickness insurance institution, which issued the contested decision, the
on the appeal itself decide, within 7 days, if the appeal in
full range of passes. If they do not do so, shall submit without delay, together with the
file material of the appellate body, which shall decide within 15
days from receipt of the appeal.
(3) the provisions of paragraphs 1 and 2 shall also apply in the event that the decision of the
their temporary inability to work or the need for care was
issued on authority of the sickness insurance scheme pursuant to section 80 (2). 1.
(4) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the filing of the appeal
degradation under section 150.
§ 155
Consent of the authority of the health insurance
(1) The consent of the authority in matters of health insurance temporary
incapacity pursuant to § 56 paragraph. 3 and 6 and section 57 paragraph. 3 and 5 are
the administrative code does not apply.
(2) the sickness insurance institution is obliged to grant consent under section 56
paragraph. 3 and section 57 paragraph. 3 and 5 or the application for the grant of such consent
reject it within 5 working days from the day following the date on which he
the request was received, and in this period, inform the who of consent
He asked, and in the case of consent under section 56 paragraph. 3 and 6 also attending
doctor; If this time limit communicated to the physician or
the insured person, it shall be deemed that the approval was granted.
§ 156
The procedure for the removal of hardness
(1) the procedure for the removal of the hardness shall be initiated on the basis of the written and
reasoned request.
(2) the request shall be made to the person who is entitled to delete under section 88
the hardness.
(3) the procedure for the removal of the hardness cannot be started if the things u
which the hardness removal requires administrative or judicial proceedings. If
the administrative or judicial proceedings, for which the removal of hardness
requests, initiated at the time when the proceedings for the removal of the hardness,
the procedure for the removal of hardness is broken.
(4) in a new request for the removal of the hardness cannot be applied to the same
the reasons for that include the original application; When a recurrence of these reasons
a new application will be delayed and the applicant will be informed about this.
(5) in proceedings for the removal of the hardness of the decisions issued by
90 days from the date of initiation of the proceeding.
(6) the decision shall be issued in writing and may be given.
(7) appeals or other remedies against the decision in the proceedings for
removal of hardness are not permitted.
(8) The procedure for the removal of the hardness of the administrative procedure does not apply.
§ 157
The costs of proceedings
(1) the authorities of the sickness insurance scheme shall not be eligible for reimbursement of costs in the
proceedings in matters relating to insurance, including proceedings before the Court.
(2) the sickness insurance institution may impose an obligation to compensate the costs
the proceedings for the obligation to return the overpayment on the dose and control of obligations
pay compensation to whoever the regression of their formation caused the breach of its
obligations.
section 158
Judicial review
Of judicial review are excluded by decision of the
and)
cancelled
,
(b)) their non-recognition or temporary incapacity or needs
care of a household member authority of sickness insurance,
(c) withdrawal sickness because of) their temporary incapacity
or quarantine or the withdrawal of the ošetřovného due to their needs
the treatment,
(d) the authorisation of payment overpayment on) the levy or refund in the regression
instalments and the cancellation of this authorization,
e) remission of outstanding overpayment on a batch or payment of outstanding
the regression of the refund
f) removal of hardness.
§ 159
Execution
Executive administrative authority is the District Social Security Administration and
staff authority.
PART SIX
COMMON PROVISIONS
section 160
Communication of data
(1) unless otherwise provided in this Act, shall communicate the information free of charge.
(2) if it is not in this or any other Act unless otherwise provided, shall communicate the information
within 30 days from the date of
and the receipt of the request for communication) data, if the data to be communicated to the
the request,
(b)) when they are compulsory subjects Act, if the information to be communicated
without the request.
(3) if the disclosure is on request, communicate the changes that have occurred in the
data already communicated by the requested authority, body of sickness insurance
only if this sickness insurance institution said in its request.
The first sentence shall apply mutatis mutandis, if requested by the subject authority of sickness
the insurance.
section 160a
The provision of data
Sickness insurance institution is obliged to obtain the necessary information from the
the official registration ^ 66a), also if this register itself does not, however,
can obtain data in electronic form in a way that allows
remote access.
§ 161
Compliance with reporting obligations
For the day of the meeting the notification requirement is considered to be the day on which it was
the submission forwarded to the competent authority, where appropriate, sickness,
in accordance with § 91a also živnostenskému Office, or mail was made
containing the submission. It shall apply mutatis mutandis, if the application to participate in the
insurance or the insurance of odhláška, or if it has to be different
the Act made within the time limit laid down in this law.
The submission of
§ 162
(1) unless otherwise provided in this Act, the filing or other act by the
This Act made in writing, orally or by data news
and a recognised electronic signature) signed ^ 67),
(b)) the data sent through the Clipboard, or
(c)) with certified identity that way to the designated authority of the sickness
insurance, if sickness insurance institution to ensure this option.
(2) if under this Act for filing or other Act prescribed
the form submission or other Act can be made only
and) in electronic form, by sending to the specified e-mail address
the sickness insurance institution of the clerk or to a designated mailbox
the sickness insurance institution; filing or other Act can be in electronic
the form only make in the form of a data message, and in the format, the structure of the
and shape specified by the competent authority of sickness insurance. Does not satisfy the
filing or other Act the following conditions, no account to him; authority
sickness insurance is obliged to draw the attention of the person who has made the submission
or other act in electronic form, which does not meet these conditions, the
This fact and the fact that this administration or another act
be taken into account, or
(b) in writing on the prescribed form) or on the product calculation
the technique, which is what the data form and the format is the same as the prescribed
the answer, if the natural or legal person, confirmed the creation of a
This product.
(3) the person who makes the submission in electronic form, in the form of data messages
signed by a recognised electronic signature, indicating at the same time
the accredited providers of certification services, which its
qualified certificate issued and leads its registration, or certificate
attached to the submission.
(4) the authorities of sickness insurance, with the exception of the intelligence services,
are required to disclose on their notice board and in a manner that allows
remote access
and the official hours) which is open to the mailroom of the authority the sickness
insurance, where it is possible to dispose of the submission, and office hours for the public
in which it is possible for him to make submissions orally or
access to the file or request the submission of information in matters relating to insurance,
(b) the e-mail address of your registry), and your e-mail address
Mailroom designed for printed documents in electronic form, in the form of
data report and the ID of its data boxes intended for
forms in electronic format in the form of data messages,
(c) the form of the technical media) service filing in electronic
the form,
(d) the list of qualified certificates) to their employees or
the e-mail address to which the qualified certificates are located,
e) forms, which is referred to in paragraph 2 (a). and) be submitted in
electronic form, and the conditions under which the forms in this form
be submitted,
f) submission and other tasks that can be done in the manner referred to in paragraph 1
(a). (c)).
§ 163
All written submissions the sickness insurance institutions shall be submitted in
Czech language; paper documents in other languages must be accompanied by an official
a translation into English, if the sickness insurance institutions in the
justified cases from this translation nor.
§ 164
Counting time
(1) a period expressed in days shall start on the day following the event,
that is crucial for its origin.
(2) the last day of the period specified in weeks, months, or years, for
the day on which the said or the same number as the day on which
It seems the event from which the period starts. If there is no such day in the month
the last day of the period falls on the last day of the month.
(3) if the last day of the time on a Saturday, Sunday or a holiday ^ 69),
It is the last day of the period closest to the following working day.
§ 165
The payment of debt
Error in matters relating to insurance, you can pay in cash also authorized
the staff of the District Social Security Administration and staff
the staff of the Department or institution; on the accepted payment authority
sickness insurance and business Department shall issue a written
confirmation.
§ 166
cancelled
section 167
The emergency measures when the epidemic and the danger of its creation
For the purposes of this Act, means the isolation quarantine also ^ 69a)
quarantine measures in the form of increased medical surveillance, if the
saved a ban that prevents insureds in the performance of work or
self-employment ^ 74), and emergency measures when the epidemic and
the danger of its establishment under the Act on the protection of public health and
changes to some related laws, as regards the prohibition or restriction of trade
groups of individuals suspected of being with the other natural
persons and the prohibition or regulation other specific activities to liquidation
the epidemic or risk of the emergence of ^ 70), if such prohibitions,
restriction or regulation of insurance policy holders in the performance of work or separate
gainful activities. For confirmation of the emergency and quarantine measures
referred to in the first sentence, the competent authority of the public health protection ^ 71)
section 105 shall apply mutatis mutandis; for the application of the right to benefit applies section, paragraph 109.
3 (b). (b)) (a). 5 (a). (c)).
section 167a
The forms
^ 72) forms, which, in the cases provided for in this Act apply
self-employed persons against the trade authorities, shall be issued
after consultation with the Czech social security administration.
section 167b
Payment of postage
The Czech social security administration be effected to the holder of the postal licence
on the basis of the agreement the price of delivery of the consignment to be sent to ošetřujícími
doctors of the district administrations of social security in the cases referred to in
section 61 (a). (e)), g), (i)), n), o) and (q)) using the envelopes referred to in § 84
paragraph. 2 (a). n).
§ 167c
The organizational component of the foreign legal person
Organizational component of a legal person that has its registered office in the State, with which the
Czech Republic has not concluded an international agreement on social security,
If the folder is registered in the commercial register, shall perform the tasks
the employer under this Act for the heads of the employees of the
legal person, whose place of work is permanently in the Czech
Republic.
§ 167d
For the purposes of this Act, be deemed to be a foreign employee
voluntary pension insurance účastného in a calendar month,
If the premium to the pension insurance paid this month
not later than 20. day of the calendar month following that in
calendar month, for which this insurance applies.
PART SEVEN
TRANSITIONAL AND FINAL PROVISIONS
TITLE I OF THE
TRANSITIONAL PROVISIONS
section 168
(1) claims to benefits which arose before 1. January 2009 and for which the
to this day, and a final decision on the granting, withdrawal or
change of the amount of those benefits for the period from 1. in January 2009, even though about them already
It was decided, in accordance with the laws of the active will decide before 1.
in January 2009.
(2) the benefits to which the entitlement from 1. in January 2009, for a period of time before
on this day are under the regulations effective before 1. January 2009; It
also applies in the event that the claim for the provision of benefits was applied up to 31 December 2006.
December 2008. The provisions of the first sentence shall also apply for the determination of jurisdiction to the
the provision of benefits for the period from 1. in January 2009.
§ 169
(1) the sick leave, which originated before the 1. January 2009 and this claim
lasts 31. December 2008, shall be considered sick leave pursuant to this
the law.
(2) maternity benefit (financial assistance), to which the entitlement
before the 1. in January 2009, and this entitlement lasts 31. December 2008,
considered as maternity under this Act.
(3) support for the care of a family member, you qualify before 1.
in January 2009, and this entitlement lasts 31. December 2008, shall be deemed to
ošetřovné under this Act.
(4) the compensatory allowance in pregnancy and motherhood, which was
before the 1. in January 2009, and this entitlement lasts 31. December 2008,
considered the compensatory allowance in pregnancy and maternity in accordance with
of this law.
§ 170
(1) the levy referred to in section 169, to which entitlement has accrued before the 1. January 2009 and
This entitlement lasts 31. December 2008, after 31 December 2006. December 2008
be paid under the conditions and in the amount of according to the regulations effective on 31 December 2001.
December 2008, if further provides otherwise. The Government shall determine by regulation
for the purposes of the adjustment of benefits referred to in the first sentence of the amounts for the adjustment
the daily assessment base in 2009, according to the rules of effective on the date of
December 31, 2008.
(2) the benefits referred to in section 169, paragraph. 4 for a daily assessment base
the daily assessment base shall be considered valid on the date of 31. December 2008.
§ 171
(1) the benefits to which the entitlement from 1. in January 2009, and this entitlement lasts
after 31 December 2006. December 2008, shall be paid after 31 December 2006. December 2008, for a period of not more than 1
of the one who was responsible for the payment of those benefits on the date of 31. December
2008. If, however, Was entitled to the benefit to which entitlement was established prior to the 1. January
2009, applied up to 31 December 2006. December 2009, belonging to
deciding on dose and to payment under this Act.
(2) the benefits referred to in paragraph 1 after 31 December 2006. December 2008 shall pay the
the manner prescribed by the regulations, effective on the date of 31. December 2008;
These benefits shall be paid by the District Social Security Administration, the
after 31 December 2006. December 2008 at the request of the insured person in accordance with section 110, paragraph. 7.
(3) the specific recipients can pay just the dose of belonging for the period after
31. December 2008.
§ 172
(1) the sick leave, which originated before the 1. in January 2009, this claim
lasts 31. December 2008 and to this day still has not passed the first 14
calendar days of temporary incapacity for work, shall be paid after 31 December 2006.
December 2008 and at the time of the first 14 calendar days of temporary work
the inability, under the conditions and in the amount and for the period in accordance with the laws of the
effective on the date of 31. December 2008; from 15. the calendar date of the temporary
incapacity is determined from the assessment of sick daily
the base provided for to this day under the regulations effective at the date of 31.
December 2008.
(2) the decision on the voluntary return of the sickness and the decision on the
the temporary reduction or withdrawal sickness that became legal to be able to
before the 1. in January 2009, remain in effect even after 31 December 2006. December 2008.
§ 173
(1) the amount of ošetřovného in the case referred to in section 169, paragraph. 3 from 15.
the calendar day the duration of entitlement to benefit from the daily
the assessment base established on that date under the provisions of the effective
on 31 December 2001. December 2008.
(2) if the need for care before 1. January 2009 and treated
the person was taken into institutional care medical facility after March 31.
December 2008, run support period according to § 40 paragraph. 3.
§ 174
(1) under this Act from 1. January 2009 to consider the
maternity, if the conditions for eligibility laid down in this
by law have been met before that date and did not constitute a claim in accordance with the laws of the
effective before that date; for the day on which entitlement to financial assistance in the
motherhood is considered in this case 1. January 2009. The length of the support
the period laid down by the law, in the case referred to in the first sentence,
However, the counts from the date of fulfilment of the conditions of entitlement to financial assistance in the
maternity benefits laid down by this law.
(2) for maternity, you qualify before 1.
in January 2009, and this entitlement lasts 31. December 2008 can be used after 31 December 2004.
December 2008 to conclude an agreement referred to in section 32, paragraph. 1 (a). (e)).
(3) if the admission of the maternity protection
period, the physician designated by the day of the expected birth falls on the period after 31 December 1999.
December 2008 and the start of the eighth week before the expected date of childbirth falls
in the period before the 1. in January 2009, the demands on financial assistance in
maternity benefits under the regulations effective before 1. in January 2009.
(4) If before the 1. January 2009 to suspend the provision of cash
assistance in maternity benefits (financial assistance), pursuant to section 12 paragraph. 1 of the law on
extension of maternity leave, on maternity benefits and allowances on the
children from sickness insurance, and this disruption has ended after 31 December 2006. December
2008, continues after this interruption in the payment of financial assistance in the
maternity, under conditions, in the amount and for the period under the regulations effective at the date of
December 31, 2008.
(5) if the policyholder has filed before the 1. in January 2009 the Court's proposal to start
proceedings of the provisions of the child and the guardian of the child personally cared for, assessing the
are entitled to financial assistance in maternity benefits under this Act; financial
assistance in maternity benefits shall be paid first from 1. January 2009 that
support time is calculated from the date of submission of the proposal to the Court at the start of this
the proceedings.
(6) For a period of study in accordance with § 32 paragraph. 4 (b). and also considers the time)
study before 1. in January 2009, if this study was based on participation
insurance under the legislation, effective on the date of 31. December 2008.
(7) where in 2009 shall be entitled to financial assistance in maternity in
withdrawal period of insurance for students and pupils, the amount of the cash
assistance in maternity, according to legislation effective on the date of 31. December 2008.
§ 175
Temporary incapacity recognised before 1 May 2004. in January 2009, which takes
even in this day, shall be regarded as temporary incapacity pursuant to
of this law.
§ 176
(1) to show the duration and withdrawal temporary incapacity
referred to in section 175 shall apply the forms applicable at the date of 31. December 2008.
(2) the benefits to which the entitlement from 1. in January 2009, and this entitlement lasts
after 31 December 2006. December 2008, after 31 December 2006. December 2008 shall be paid on the basis of
forms in force on 31 December 1996. December 2008, if the entitlement to these benefits
applied before 1. in January 2009. He is entitled to such benefits applied to the
31. December 2008 can be used to apply this claim and certificates
facts for entitlement to payment of use forms valid to 31.
December 2008 or the forms prescribed under this Act. Sentence first
shall apply mutatis mutandis also in the event that the entitlement to benefit ceases before 1. January
2009, but did not levy up to this date still paid.
§ 177
The benefits, which were due on 31 December 2001. in December 2008, students and pupils,
members of cooperatives, who already does not belong to the circle of insured persons according to the
This law, and to the shareholders and managers of bankrupt companies with limited liability
limited and komanditistům limited partnership in accordance with the laws of the active
to this day, after 31 December 2006. December 2008, shall be paid under the conditions and in the amount of
According to these regulations.
Section 178
(1) the one who fulfils the obligations of the employer (Enterprise and small
Organization) on 31 December 2001. December 2008 for students and pupils, members of cooperatives,
who already belong to the circle of insured persons pursuant to this Act, and
the shareholders and managers of a company with limited liability and of limited partners
a limited partnership is required to opt out from these persons 1. January 2009
from the insurance with the appropriate District Social Security Administration.
Check-out in accordance with the first sentence is to be made by 31 March. in January 2009, and it
in the form of a list, which shall bear the name, last name and social security number of the person
odhlašované from insurance and business name or the name (name and surname)
and the seat (residence) of the employer; further, shall indicate whether the
the activities of these persons, with the exception of students and pupils, from 1. January
2009 participation in pension insurance.
(2) the employer is obliged to notify the district administration of social
security to 31. January 2009
and for the employee whose) job was 1. January 2009
casual employment under section 6 (1). 2 of the law on sickness
insurance employees and transferred from the period before 1. January 2009 in the period
after 31 December 2006. December 2008, whether it is from the 1. January 2009 this job
employment-small scale according to § 7 (2). 1,
(b)) for the staff referred to in section 5 (a). and) points 4, 5 and 12, which
employment passes from the period before 1. January 2009 to the period after 31 December 2006.
December 2008, whether it is from the 1. January 2009 their employment employment
small scale according to § 7 (2). 1,
(c)) for the staff referred to in section 5 (a). and) points 1, 6 and 15, the
employment passes from the period before 1. January 2009 to the period after 31 December 2006.
December 2008, until 31 December 2006. December 2008 was based on insurance and participation from
January 1, 2009 is the job of a small scope according to § 7 (2). 1, this
the fact,
(d)) for contract employee the name and address of the foreign employer, the
whether this employee is insured in the State where the foreign
the employer of the employees of the headquarters, and that the contract staff member from the
January 1, 2009 to be insured under this Act,
(e)) for the employee whose place of work is permanently abroad, and whose
employment passes from the period before 1. January 2009 to the period after 31 December 2006.
December 2008, that his employment from 1. January 2009 does not constitute participation in the
insurance; This fact is required to simultaneously demonstrate proof of
the compulsory participation of the employees on pension insurance in the State, in
where is the place of permanent employment.
(3) the person who has not completed by 31 December. January 2009 the obligation referred to in paragraph 1
check out the District Social Security Administration of the insurance of the person
referred to in paragraph 1 are laid down in a way or the obligation referred to in paragraph
2 notify the social security administration district fact
referred to in this paragraph, commits the offence or misconduct
for that he can impose a fine of up to 50 000 Czk.
Section 179
Participation in the insurance of short-term employment referred to in section 6 (1). 1
the law on sickness insurance of employees to which the employee
He joined before 1. in January 2009, and that lasts even after 31 December 2006. December 2008,
be assessed according to the rules active on the date 31. December 2008.
§ 180
cancelled
§ 181
(1) the participation of self-employed persons in the insurance before 1. January
2009 shall be assessed in accordance with the regulations effective before that date. By the time of
the participation of self-employed persons in the insurance required for
entitlement to sickness and maternity after 31 December 2006.
December 2008 includes the period of the participation referred to in the first sentence.
(2) where a person is self-employed Insurance Group on the date of
December 31, 2008 on the basis of applications filed prior to 1. in January 2009, is
after 31 December 2006. December 2008 the group insurance continue to under this Act,
If you did not odhlášku of insurance from 1. January 1, 2009.
(3) a self-employed person who owes the premiums on insurance
on 1 January 2002. January 1, 2009 for the period prior to that date and the due premiums
insurance, including the penalty of him suffers for 31. in January 2009,
participation in insurance from 1. January 1, 2009; However, if a 9. January 2009
elapsed time of three consecutive calendar months for which it was not
paid a premium payable shall lapse in the self-employed person
participation in the insurance under the legislation, effective on the date of 31. December 2008.
§ 182
Participation of State employees [section 5 (a), point 3)] on the insurance commences
first effective date of the law on the civil service. The provisions of section 10, paragraph 1. 6
shall apply mutatis mutandis in the event that the employment relationship of the earlier
the employee follows immediately the staff ratio of State employees.
§ 183
For the purposes of the determination of the daily assessment base for self
self-employed for a monthly basis shall, in the time before the 1. January 2009
monthly assessment base for the payment of advances on premiums for pension
insurance and contribution to the State employment policy, and that in those
calendar months the vesting period as provided for by this Act
(I) for the period from 1. in January 2009, in which she was committing those insurance
persons.
section 184
(1) the withdrawal period, which began to run from 1. January 2009 and finished
on 31 December 2001. in December 2008, is governed by the following 31 December. December 2008 rules
effective on the date of 31. December 2008.
(2) the persons referred to in § 178 odst. 1 the first sentence, the insurance
ended on 31 December 2002. December 2008, follows the withdrawal period from 1. January 2009
under the conditions and for the period specified by this law.
§ 185
(1) Extends to the vesting period set out under this Act before the 1.
in January 2009, the excluded days (art. 5 (b))) in the relevant period
prior to that date pursuant to this Act.
(2) in the case of employees referred to in section 5 (a). and) points 4, 5 and 12, which
employment passes from the period before 1. January 2009 to the period after 31 December 2006.
December 2008, for the purpose of determining the vesting period be considered day
the emergence of the insurance 1. January 2009.
§ 186
The beneficiary cannot give up their, according to § 47 written declaration eligibility
on the payment of those benefits, which belong to the period before 1. in January 2009. For
the possibility of a waiver of the right to health, which belong to the period before 1.
in January 2009, proceed according to the rules active on the date 31. December
2008; This is true even if the payday of this sickness occurs after
31. December 2008.
§ 187
Enforcement of decisions in matters relating to insurance, which was launched before 1. January
2009, completes the according to the rules of effective before 1. in January 2009. The performance of the
the decision in matters relating to insurance, which was launched after 31 December 2006. December 2008,
shall be carried out in accordance with the regulations in force after 31 December 2006. December 2008, even if the
If the decision has enforceability before the 1. in January 2009.
section 188
(1) deductions from benefits, to which settlement occurs after March 31. December 2008,
governed by this Act; This is true even if it belongs to the levy for the period before 1.
in January 2009.
(2) the agreement on the precipitation of the benefits, with the exception of the agreement on the rainfall on the cover
excess dose concluded before 1. in January 2009, void
on 1 January 2005. January 1, 2009. Deductions from benefits in terms of salary
attributable to the period after 31 December 1999. December 2008, not even if the
If the batch was posted for the period before 1. in January 2009.
section 189
(1) the obligation to maintain confidentiality of natural persons shall be governed by this
the law also apply to information protected by professional secrecy
to the period before 1. in January 2009.
(2) if the requested person or entity a request for communication
data after 31 December 2006. December 2008, proceed under this Act even if the
If the request for the communication of data to the period before 1. in January 2009.
section 190
(1) If the period for which the batch was (part)
wrongly, falls to 1. January 2009 after 31. December 2008,
governed by the obligation to return the overpayment on a batch of provisions effective on the date of
December 31, 2008.
(2) write off or forgive the overpayment on the dose (para. 124), cannot be considered
the period when the batch was improperly granted before 1. in January 2009.
(3) permit the return of overpaid on the dose in instalments (article 124, paragraph 6) can be
even on the amount due incurred before the 1. in January 2009.
§ 191
Failure to comply with or breach of the obligation, which occurred before the 1. in January 2009,
shall be assessed in accordance with the regulations effective on 31 December 2001. in December 2008, even though the
There have been findings of this violation or infringement after 31 December 2006.
December 2008 or if the proceedings for this failure to comply with or breach of
initiated after 31 December 2006. December 2008.
§ 192
If the beneficiary died before the 1. in January 2009, proceed in the transition
entitlement to payment of benefits under the regulations effective before that date; It
also applies, if the levy is paid after March 31. December 2008. He died to
beneficiary, after 31 December 2006. December 2008, proceed in the transition of the right to
payment of benefits under this Act even if the batch belong for the period
before the 1. in January 2009.
§ 193
The employer, who was 1. January 2009 is considered according to the rules
effective on the date of 31. December 2008 for the organization is obliged at the request of
the insured person may issue him within 8 days from the request written confirmation of the time
the duration of employment in 2008 and the amount of its bases for
the determination of social security and a contribution to the State
employment policy is achieved in 2008 and sickness benefits
insurance in the calendar year 2008 had disposed of; If the sum of these
basics and benefits for the year 2008 shall be at least 12 times the minimum wage
valid to 1. January 2008, only confirms this fact. The first sentence is true
Similarly, for the year 2009, in the event that the employer paid in
2009 benefits under section 171, paragraph. 1.
section 194
(1) proceedings in matters relating to insurance, initiated before 1. January 2009 and
a final hedge contingent exposures before that date shall be completed in accordance with the laws of the
effective on the date of 31. December 2008. Proceedings referred to in the first sentence finishes
authorities competent for the proceedings under rules effective on 31 December 2001. December
2008.
(2) requests relating to voluntary granting of benefits for a period before the
January 1, 2009, which were submitted after 31 December 2002. December 2008, decides
According to the regulations, effective on the date of 31. December 2008.
(3) if the reason for the temporary reduction or withdrawal of the sickness before the
January 1, 2009 and management in these matters has not yet started, will launch
after 31 December 2006. December 2008 and will complete the procedure in accordance with the laws of the
effective on the date of 31. December 2008.
section 195
Entitled to a refund under this Act of regression arises, if caused by
the offences under section 126 occurred after 31 December 2006. December 2009.
§ 196
Access to information systems business insurance authorities in the manner
enabling remote access (article 121, paragraph 3) depends to a 31. December 2009
on the technical conditions of these systems.
§ 197
Registries and organizations small organizations led by the active legislation
on 31 December 2001. from 1 December 2008. January 2009 deemed registration
employers under this Act.
§ 198
The provisions of § 129, paragraph. 1 the administrative judicial procedure in matters relating to insurance
does not apply.
TITLE II
FINAL PROVISIONS
section 199
The enabling provisions
(1) the Ministry of labour and Social Affairs shall lay down by Decree the essentials
the card of the authorised institution's staff health insurance under section 76
paragraph. 3 and section 91, paragraph. 2.
(2) the Ministry of labour and Social Affairs may determine by Decree the method
a claim to payment of the individual benefits, further adjustment
proof required under this Act for the payment of
individual benefits or requirements of individual species of prescribed
the forms.
section 200
Cancellation provisions
Shall be repealed:
1. Law No. 100/1932 Coll. on the national effectiveness of international treaties
on social insurance.
2. Act No. 54/1956 Coll., on sickness insurance of employees.
3. Law No 32/1957 Coll. on health care in the armed forces.
4. Act No. 88/1968 Coll., on the extension of maternity leave, to benefits in
motherhood and the welfare of the children of the sickness insurance scheme.
5. Law No. 16/1959 Coll., amending and supplementing the law on sickness
insurance of employees.
6. Act No. 87/1968 Coll., on sickness insurance and changes in
sickness care.
7. Act No. 99/1972, Coll., to increase the allowances for children and education.
8. The legal measures of the Bureau of the Federal Assembly no. 8/1982
Coll., to increase breast and on changes in sickness
Security.
9. Act No. 73/1982 Coll., on amendments to the law on social security and
regulations on sickness insurance.
10. Act No. 148/1983 on the unification of the rates of sickness.
11. Act No. 57/1984 Coll., on some of the security changes in sickness
workers.
12. Law No. 109/1984 Coll., on sickness security changes.
13. Act No. 51/1987 Coll., on sickness security changes.
14. Act No. 103/1988 Coll., on sickness security changes.
15. Law No. 266/1993 Coll., amending and supplementing Act No. 88/1968
Coll., on the extension of maternity leave, the maternity grant and the
allowances for children from sickness insurance, as amended
regulations, and Act No. 100/1988 Coll. on social security, as amended by
amended.
16. Act No. 308/1993 Coll., amending and supplementing Act No. 54/1956
Coll., on sickness insurance of employees, as amended,
Law No 32/1957 Coll. on health care in the armed forces, in the text of the
amended, and Act No. 88/1968 Coll., on the extension of maternity
vacation, maternity benefits and allowances for children from sickness
insurance, as amended.
17. Law No. 61/1999 Coll., amending Act No. 54/1956 Coll.
sickness insurance of employees, as amended, the law
No 32/1957 Coll. on health care in the armed forces, in the text of the
amended, and Act No. 88/1968 Coll., on the extension of maternity
vacation, maternity benefits and allowances for children from sickness
insurance, as amended.
18. Act No. 421/2003 Coll., amending Act No. 54/1956 Coll.
sickness insurance of employees, as amended, the law
No. 88/1968 Coll., on the extension of maternity leave, the maternity grant
and about the welfare of the children from sickness insurance, as amended
regulations, and Act No. 32/1957 Coll. on health care in armed
forces, in the wording of later regulations.
19. Decree-Law No. 247/1999 Coll., amending, for the purposes of sickness
insurance (care) governing the determination of the amounts for the calculation of foundations.
20. Government Regulation No 413/2000 Coll., amending, for the purposes of sickness
insurance (care) governing the determination of the amounts for the calculation of foundations.
21. Government Regulation No 347/2001 Coll., amending, for the purposes of sickness
insurance (care) governing the determination of the amounts for the calculation of foundations.
22. Government Regulation No 417/2005 Coll., amending, for the purposes of sickness
insurance (care) governing the determination of the amounts for the calculation of foundations.
23. Decree No 141/1958. l., of sickness insurance and pension
the security of the inmates.
24. Decree No 143/1965 Coll., on the provision of cash benefits in the
sickness insurance.
25. Decree No 113/1975 Coll., amending, and complement some
the provisions of the Decree of the Central Council of trade unions no 143/1965 Coll. on the provision of
cash benefits in the sickness insurance.
26. Decree No. 165/1979, Coll., on sickness insurance of certain
workers and to provide health insurance benefits to citizens in the
special cases.
27. Decree No 79/1982 Coll., on amendments to the Decree of the Central Council of trade unions No.
143/1965 Coll., on the provision of cash benefits in the sickness insurance.
28. Decree No. 154/1983, Coll., on amendments to the Decree of the Central Council of trade unions
No 143/1965 Coll., on the provision of cash benefits in the sickness
the insurance.
29. Decree No. 155/1983, Coll., on sickness insurance changes
some of the workers.
30. Decree No. 79/1984 Coll., on amendments to the Decree of the Central Council of trade unions No.
165/1979, Coll., on sickness insurance of certain workers, and about the
providing health insurance benefits to the citizens in the Special
cases.
31. Decree No. 80/1984 Coll., on amendments to the Decree of the Central Council of trade unions No.
143/1965 Coll., on the provision of cash benefits in the sickness insurance.
32. Decree No. 134/1984 Coll., on amendments to the Decree of the Central Council of trade unions
No 143/1965 Coll., on the provision of cash benefits in the sickness
the insurance.
33. Decree No. 135/1984 Coll., on amendments to the Decree of the Central Council of trade unions
No 165/1979, Coll., on sickness insurance of certain workers, and about the
providing health insurance benefits to the citizens in the Special
cases.
34. Decree No. 59/1987 Coll., on amendments to the Decree of the Central Council of trade unions No.
165/1979, Coll., on sickness insurance of certain workers, and about the
providing health insurance benefits to the citizens in the Special
cases, in wording of later regulations.
35. Decree No. 148/1988 Coll., on amendments to the Decree of the Central Council of trade unions
No 165/1979, Coll., on sickness insurance of certain workers, and about the
providing health insurance benefits to the citizens in the Special
cases, in wording of later regulations.
36. Decree No 239/1988 Coll., on amendments to the Decree of the Central Council of trade unions
No 143/1965 Coll., on the provision of cash benefits in the sickness
the insurance.
37. Decree No. 123/1990 Coll. amending and supplementing Decree No.
149/1988 Coll. implementing the Social Security Act, Decree
No 165/1979, Coll., on sickness insurance of certain workers, and about the
providing health insurance benefits to the citizens in the Special
cases, and Decree No 91/1958 Coll., which publishes the measures
The Central Council of trade unions on the Organization and implementation of the health insurance
employees.
38. Decree No 263/1990 Coll., amending Decree no added.
143/1965 Coll., on the provision of cash benefits in the sickness insurance,
Decree No. 165/1979, Coll., on sickness insurance of certain workers
and to provide health insurance benefits to the citizens in the Special
cases, and some of the other regulations on sickness insurance.
39. Decree No 501/1990 Coll., amending Decree no added.
149/1988 Coll. implementing the Social Security Act, and
Decree No. 165/1979, Coll., on sickness insurance of certain workers
and to provide health insurance benefits to the citizens in the Special
cases.
40. Decree No. 30/1993 Coll., on certain amendments to the implementing regulations in the
sickness and social security.
41. Decree No. 31/1993 Coll., on the assessment of temporary incapacity
for the purposes of social security.
42. Decree No. 312/1993 Coll., amending and supplementing the Ordinance
The Central Council of trade unions No 165/1979, Coll., on sickness insurance of certain
workers and to provide health insurance benefits to citizens in the
special cases, in the wording of later regulations.
43. Decree No. 313/1993 Coll., amending and supplementing the Ordinance
The Central Council of trade unions no 143/1965 Coll., on the provision of cash benefits in the
sickness insurance, as amended.
44. Decree No 196/1994 Coll., amending Decree of the Central Council
unions no 143/1965 Coll., on the provision of cash benefits in the sickness
insurance, and the Decree of the Central Council of trade unions No 165/1979 on
some of the workers ' sickness insurance and the provision of benefits
the sickness insurance of citizens in special cases.
45. Decree No. 248/1994 Coll., amending and supplementing the Ordinance
The Central Council of trade unions No 165/1979, Coll., on sickness insurance of certain
workers and to provide health insurance benefits to citizens in the
special cases, in the wording of later regulations.
46. Decree No. 283/1995 Coll., amending and supplementing the Ordinance
The Central Council of trade unions No 165/1979, Coll., on sickness insurance of certain
workers and to provide health insurance benefits to citizens in the
special cases, in the wording of later regulations, the Decree of the Central
the Council of trade unions no 143/1965 Coll., on the provision of cash benefits in the
sickness insurance, as amended, and the Ordinance
The Federal Ministry of labour and Social Affairs and the Central Council of trade unions
No 51/1973 Coll., on certain conditions for foster officiating
foster care in specific facilities.
47. Decree No 285/1995 Coll., amending and supplementing the Ordinance
The Ministry of labour and Social Affairs No. 31/1993 Coll., on the assessment of
temporary incapacity for the purposes of social security, in the
the text of Act No. 308/1993 Coll.
48. Decree No. 133/1999 Coll., amending Decree of the Central Council
unions no 143/1965 Coll., on the provision of cash benefits in the sickness
insurance, as amended, and the Decree of the Central Council
unions No 165/1979, Coll., on sickness insurance of certain workers and
about providing health insurance benefits to the citizens in the Special
cases, in wording of later regulations.
49. Decree No. 415/2000 Coll., amending Decree of the Central Council
unions no 143/1965 Coll., on the provision of cash benefits in the sickness
insurance, as amended, and the Decree of the Central Council
unions No 165/1979, Coll., on sickness insurance of certain workers and
about providing health insurance benefits to the citizens in the Special
cases, in wording of later regulations.
50. Decree No 248/2005 Coll., amending Decree No 165/1979 Sb.
on sickness insurance of certain workers and the provision of benefits
the sickness insurance of citizens in special cases, in the text of the
amended.
§ 201
The effectiveness of the
This law shall enter into force on 1 January 2005. January 1, 2009.
Zaorálek in r.
Paroubek in r.
Selected provisions of the novel
Article. (II) Act No. 302/2009 Sb.
Transitional provisions
1. The termination of the temporary incapacity or quarantine, the
inception was decided prior to the effective date of this Act, shall be decided
on forms in force before that date; These forms are sent or
shall transmit to the competent sickness insurance institution within the time limits applicable
from the effective date of this Act.
2. On the demise of the necessary treatment or care, about which it was
decided before the date of effectiveness of this law, shall decide on the
forms in force before that date; the forms intended for the reporting of
their needed care or care to the competent authority, the health
the insurance shall not apply.
Article. XIV of the Act No. 362/2009 Sb.
Transitional provisions
1. Where a claim for sickness, maternity or
compensatory allowance in pregnancy and motherhood before 1. January 2010 and
after 31 December 2006. December 2009, the amount of the levy for the calendar
from day 1. January 2010 under section 21a, 29a and 37a of the law No. 187/2006 Coll., in
the texts of the effective date 1. January 1, 2010.
2. If the need Was treatment (care) before 1. January 2010 and after
31. December 2009, ošetřovné shall be paid under the conditions and for the period provided for in
regulations effective until 1 January 2003. January 2010; This is true even in the case when the
the need for care (care) was established before 1. January 2010 and lasts even after 31 December 2006.
December 2009, and in the course of this treatment (care), the second of the qualifying
takes care (care) or stops the run time support.
3. Where entitlement to sickness, maternity or
compensatory allowance in pregnancy and motherhood before 1. January 2011 and
after 31 December 2006. December, 2010, the amount of the levy shall be adjusted for the calendar
from day 1. January 2011 under the legislation effective from 1 January 2006. January
2011.
Article. (II) Act No. 166/2010 Sb.
Transitional provisions
1. is entitled to maternity or compensatory
pregnancy and maternity allowance before the date of entry into force of this
the law, and if after this date, this benefit under the legislation of
regulations effective before the date of entry into force of this law until the end of
the calendar month in which it took effect, and from the following
calendar month in accordance with this Act.
2. A person who was receiving maternity in period 1.
January 2010 to the effective date of this Act, entitled to payment of the
This assistance for this period in the total amount, which is calculated as the
the difference between the amount of maternity according to law No. 187/2006
Coll., on sickness insurance, in the version effective before 1. in January 2010, and
the amount of maternity according to law No. 187/2006 Coll., on
sickness insurance, as amended effective after 1. January 2010 until the date of
the effectiveness of this Act.
Article. (II) Act No. 347/2010 Sb.
cancelled
Article. (II) Act No. 364/2011 Sb.
The transitional provisions of the
If the temporary incapacity arose or quarantine was
ordered before 1. 1 January 2014 and it takes even in 2014,
and paid sick leave), under the conditions and for the period according to the law No. 187/2006
Coll., as amended, effective on the date of 31. December 2013, and
(b) 21 calendar days) the period referred to in section 18, paragraph. 8 (a). (b)), section 56
paragraph. 3 the second sentence of § 61 (e). (j)), § 64 paragraph. 1 (a). p), § 65, paragraph. 2
(a). (c)) and the first sentence of section 105 of Act No. 187/2006 Coll., as amended effective to
31. December 2013, remains intact.
Article. XVI Act No 365/2011 Sb.
Transitional provisions
1. If the activities of the staff of law on the basis of the agreement on the implementation of the
the work was carried out on 31 December 2001. December 2011 and continues to be exercised
After that date, it shall be 1. January 2012 for the day of onset of these
employees in the job.
2. in the case of employees referred to in paragraph 1 shall, for the purposes of determining the applicable
the period considered 1. January 2012 as the date of sickness insurance.
Article. (II) Act No. 470/2011 Sb.
Transitional provisions
1. Where policyholders referred to in § 32 paragraph. 1 (a). e) of Act No.
187/2006 Coll., as amended, effective the date of the entry into force of this Act,
entitlement to payment of maternity before the date of entry into
the effectiveness of this law, the conditions for entitlement to the payment of
maternity from this date, in accordance with the legislation of the
effective before that date.
2. If the insured person is temporarily unable to work the invalidity recognized prior to the
date of entry into force of this Act, terminating the temporary work
failure to due recognition of invalidity under the legislation effective
prior to that date. However, if the time limit for the termination of temporary work
incapacity under section 59 paragraph. 1 (a). k) of the Act No 187/2006 Coll., in
the texts of the effective to date of the entry into force of this law, ended before the
date of entry into force of this law and the doctor a temporary
incapacity did not close and this temporary incapacity
continues from this date, the claim shall lapse on the date of the payment of sickness
the entry into force of this law.
3. The one who filled on the day preceding the date of the entry into force of this
the law under section 36b of the Act No. 582/1991 Coll., as amended, effective the day
the entry into force of this law, the obligations of the employer in the case of members
and managers of a company with limited liability and of limited partners limited partnership
the company, if they perform outside the employment relationship for her
the work for which they are paid by the company, and for members of cooperatives,
operate in the organs of the cooperative outside the employment relationship
as a reward, whose amount is determined in advance, if the exercise of that activity is not
According to the statutes of cooperatives is considered the performance of the work for the cooperative, is obliged to
report under section 94 Act No. 187/2006 Coll., the advent of these persons to
employment within 30 days from the date of entry into force of this law, if they are
These persons from the date of entry into force of this Act, an oral health
insurance and this is not a small business; for the day of the entry into
employment shall be the date of entry into force of this law. The obligation to
According to the first sentence arises only in the event that, before the date of entry into force
This law was not under section 36b of the Act No. 582/1991 Coll. notified
the district administration of social security, that such persons was established on
the basis of their activities (work) participation in pension insurance.
4. If the activities of the persons referred to in section 5 (a). a) recitals 17 to 20
Act No. 187/2006 Coll., as amended, effective from the date of entry into force of
This Act has been exercised on the day preceding the date of acquisition
the effectiveness of this Act and continues to be exercised after that date, shall be considered as
date of entry into force of this Act, for the day of onset of these persons to
employment and the one who performs the duties of the employer of such persons,
required to notify under section 94 of the Act No. 187/2006 Coll., within 30 days from the date of
the entry into force of this Act, the emergence of such persons in employment, if
the activities of these persons are determined by the date of entry into force of this Act
participation in sickness insurance according to section 6 of Act No. 187/2006 Coll., in
the texts of the effective date of the entry into force of this law, and is not a
employment of a minor nature. The provisions of the first sentence shall apply mutatis mutandis, with respect to
the Director of the non-profit company.
5. The persons referred to in section 5 (a). and) points 16 to 20 of the Act No. 187/2006
Coll., as amended, effective from the date of entry into force of this Act, which
carry out their activities on the day preceding the date of entry into force of
This law and this activity continues to be exercised after that date, for the
the purpose of the determination of the vesting period shall be the date of entry into force of this
the law for the date of sickness insurance. The provisions of the first sentence
shall apply mutatis mutandis, with respect to the Director generally beneficial companies.
6. When the non-compliance or violation of the obligations imposed by Act No. 187/2006
SB. before the date of entry into force of this Act shall proceed according to the law
No. 187/2006 Coll., as amended, effective the day of the entry into force of this
the law.
7. the sickness insurance proceedings initiated before the date of entry into
the effectiveness of this Act and a final hedge contingent exposures before that date,
completed under the legislation of effective before that date.
8. The information referred to in section 116, paragraph. 5 (a). (c)), and (d)) of Act No. 187/2006 Coll.
in the version effective as from the date of entry into force of this law, shall be communicated to the authorities of the
sickness insurance employers if those data found
for the effectiveness of this Act. An indication of the exhaustion of the support for
the employee shall be communicated to the authorities of the sickness insurance scheme in accordance with § 116, paragraph. 6
(a). e) Act No. 187/2006 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, if the request for the communication of these data received
for the effectiveness of this Act.
9. If the onset of the maternity occurred before the date of
the entry into force of this Act on the date of birth according to § 34 paragraph. 1 (a). (b))
Act No. 187/2006 Coll. and the beginning of the sixth week before the expected date of
delivery within the period of effectiveness of this law, shall be entitled to financial
assistance in maternity is assessed also under law No. 187/2006 Coll., in
the texts of the effective date of the entry into force of this law.
10. The District Social Security Administration shall, within 30 days from the date of
the entry into force of this Act, inform the foreign
the employee, who was, at least for part of a calendar month
preceding the date of the entry into force of this law voluntarily involved
health insurance, on the conditions of his participation in sickness
insurance according to law No. 187/2006 Coll., as amended, effective from the date of acquisition
the effectiveness of this Act.
Article. (XVI) of law No 401/Sb.
Transitional provisions
1. One who will fulfil the obligations of the employer after the day of acquisition
the effectiveness of this law for foster parents, who exercise in foster care
facilities for the performance of foster care, according to a special legal
of the code, or that is for performance of foster care remuneration
belonging to pěstounovi in special cases according to a special legal
Regulation, and which takes a participation in sickness insurance even after the date of entry into
the effectiveness of this law, is obliged to notify the competent district administration
social security, who was the employer of these foster parents until the day
the entry into force of this law. The notification referred to in the first sentence should be
make to 28. February 2013, and it's in the form of a list, in which shall be entered the name,
where appropriate, the name, last name, social security number and the name and address of guardian
the headquarters of the employer. This is also the obligation of the original
the employer notify the change of employer.
2. the date of onset of the employee in employment with foster parents, who exercise
foster care in facilities for the performance of foster care by
special legal regulation, or who is in foster care
paid the remuneration due pěstounovi in the specific cases referred to in
special legal regulation, which creates participation in sickness
insurance from the date of entry into force of this Act, the employer is
obliged to notify the competent district administration of social security schemes to
the prescribed form not later than 28. February 2013.
3. The day of the termination of the employment of the employee by the foster parents, who exercise
foster care in facilities for the performance of foster care by
special legal regulation, or who is in foster care
paid the remuneration due pěstounovi in the specific cases referred to in
special legal regulation, which lapse participation in sickness
insurance on the date of entry into force of this Act, the employer is
obliged to notify the competent district administration of social security schemes to
the prescribed form not later than 28. February 2013.
Article. Legal measures no XLIII 344/13 Sb.
Transitional provisions
1. If the activities of the persons referred to in section 5 (a). and) points 21 and 22 of the Act
No. 187/2006 Coll., as amended, effective from the date of entry into force of this
legal measures the Senate has been exercised on the day preceding the date of the
the entry into force of the legal measures of the Senate and is still
exercised after that date, the date of the entry into force of this
the legal action of the Senate day of onset of these people into employment and
the one who performs the duties of such persons, the employer is obliged to
report under section 94 Act No. 187/2006 Coll., as amended, effective from the date of
the entry into force of the legal measures the Senate within 30 days from the date of
the entry into force of the legal measures the Senate the onset of these persons to
employment, if the activities of such persons determined by the date of entry into force of
This statutory measure Senate participation in sickness insurance under section
6 of Act No. 187/2006 Coll., as amended, effective from the date of entry into force of
This legal measure of the Senate, and it is not the job of the small
the range. An employer who employs only the employees referred to in
the first sentence is required to subscribe to the register of employers under section
93 of Act No. 187/2006 Coll., as amended, effective from the date of entry into force of
This legal measure the Senate within 30 days from the date of entry into force of
This legal measures in the Senate.
2. The persons referred to in section 5 (a). and) points 21 and 22 of law No. 187/2006
Coll., as amended, effective from the date of entry into force of this legal
the Senate measure, which carry out their activities on the day preceding
date of entry into force of the legal measures the Senate and this activity
to continue to perform after that date, for the purposes of determining the applicable
the period shall be the date of entry into force of the legal measures of the Senate
for the date of sickness insurance.
3. in the case of the employee who joined before 1. in January 2014,
that should not take longer than even it didn't take 14 days, and this job
after 31 December 2006. December 2013, examines the participation in sickness insurance
According to the provisions in force until 31 December 2006. December 2013.
4. If a contract staff member, which was not before the date of entry into force of
This legal measure the Senate involved the sickness insurance only
Therefore, it has been compulsory in the pension insurance in the State, where the
the headquarters of his employer, and on the date of entry into force of this legal
the measure the Senate expired time of 270 calendar days of duration of employment
on the territory of the Czech Republic, pursued an activity for the contractual employer
on the day preceding the date of the entry into force of the legal measures
The Senate, and this activity continues to be exercised after that date shall be deemed the day
the entry into force of the legal measures of the Senate for the day of onset of these
people into employment.
5. in the case of contract staff, which on the date of entry into force of this
legal measures the Senate was participation in sickness insurance in the
as a result, that from this day meets the conditions for participation to the sickness
insurance according to law No. 187/2006 Coll., as amended, effective from the date of acquisition
the effectiveness of legal measures in the Senate, for the purposes of determining the
the vesting period shall be the date of entry into force of this legal
the measure the Senate for the day of the occurrence of sickness insurance.
Article. Act No LXIX. 64/2014 Sb.
Transitional provisions
1. If sickness insurance institution before the date of entry into force of
This Act, order the employer, pursuant to section 98, paragraph. 2 of law No.
187/2006 Coll. obligation to submit a written report on the measures taken to
the deficiencies found within such period, takes this
obligation after the entry into force of this Act and in its violation of the
in accordance with Act No. 187/2006 Coll., as amended effective date
the entry into force of this law.
2. the procedure for failure to fulfil the obligations of the employer liable for the supply
the necessary interaction responsible for the district administration of social workers
security when checking compliance with the obligations of the employer in the sickness
insurance to the extent referred to in § 90 (a). and a and b) of the Act) no 187/2006
Coll., allow these employees to enter the premises of employers,
check the fulfilment of the obligations of the employer, or to submit a written
a report on the measures taken to correct the identified deficiencies in the
the prescribed period referred to in section 98, paragraph. 2 Act No. 187/2006 Coll., to
which occurred before the date of entry into force of this Act, be
effective legislation before the date of entry into force of this Act, and
When it came to finding this violation of or failure to comply with the obligation to
date of entry into force of this Act, or if the proceedings on this
failure to comply with or breach initiated after the date of entry into force of this Act.
This applies, mutatis mutandis, in the case of failure to comply with the obligations of the physician
to provide clinicians with the sickness insurance institution the necessary synergy
When checking, in particular, to allow the entry to their workplace and to submit
the necessary medical documentation, employers ' obligations, which
employs fewer than 26 employees registered in the register of insured persons
attend to the call of the District Social Security Administration to the district
the social security administration, where appropriate, to another specified place in the
the working day in order to check compliance with the obligations in
sickness insurance or the obligations of self-employed persons
on the challenge of the District Social Security Administration appear on the
day on the district administration of social security, or other specified
Instead, in order to check compliance with obligations in sickness
or the obligation to provide insurance for the purpose of monitoring the implementation of
the obligations in the sickness insurance accounting and other documents and provide
When the consignor.
3. the procedure for failure to fulfil the obligations of the employer to provide the necessary
the synergy of the authorised employees of the District Social Security Administration
When checking the fulfilment of the obligations of the employer in the sickness insurance scheme in the
extent specified in § 90 (a). and (b)) of the Act) no 187/2006 Coll., to allow
These employees to enter the premises of employers, make
control of the implementation of the obligations of the employer, or to submit a written report on
the measures taken to eliminate the deficiencies within the prescribed
the time limit referred to in section 98, paragraph. 2 Act No. 187/2006 Coll., initiated prior to the
date of entry into force of this Act and a final hedge contingent exposures before this
the date shall be completed in accordance with the legislation effective prior to the date
the effectiveness of this Act. This applies, mutatis mutandis, in the case of proceedings for failure to comply with
the obligations of the physician to provide doctors, the health authority
insurance necessary synergies when checking, in particular, to allow the input to the
their work and submit required medical documentation,
the obligations of an employer who employs less than 26 employees
registered in the register of insured persons appear to challenge the district administration
social security the social security administration to the district,
where appropriate, to another specified place in the day to perform the
monitoring the implementation of obligations or responsibilities in the sickness insurance
self-employed persons to challenge the district administration of social
attend security day on district administration social
security or other designated location to perform the checks
the fulfilment of obligations in the sickness insurance or its obligations
to submit for the purpose of checking compliance with the obligations in the sickness insurance
accounting and other documents and provide this check needed
synergy.
1) Law No. 589/1992 Coll., on social security and
contribution to the State employment policy, as amended
regulations.
for example, 2) European Parliament and Council Regulation (EC) No 883/2004 of the
29 April. April 2004 on the coordination of social security systems, in
the texts of European Parliament and Council Regulation (EC) no 988/2009 and Regulation
(EU) No 1244/2010, the European Parliament and Council Regulation (EC) No.
987/2009 of 16 January. September 2009 laying down detailed rules for the
Regulation (EC) No 883/2004 on the coordination of social security systems,
as amended by Commission Regulation (EU) No 1244/2010, and the regulation of the European
Parliament and of the Council (EU) no 1231/2010 of 24 March. November 2010, which
extending the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No.
987/2009 to nationals of third countries, to which this regulation
yet not apply only because of their nationality.
3) Law No. 361/2003 Coll., on the service of members of security
choirs, as amended.
4) Act No. 221/1999 Coll., on professional soldiers, as amended
regulations.
5) section 10 of Act No. 133/2000 Coll., on registration of the population and the social security numbers and
on the amendment of certain laws (the law on the register of the population), as amended by
amended.
6) section 93 of the Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech
Republic and amending certain laws, as amended.
7) § 9 (2). 2 Act No 155/1995 Coll., on pension insurance.
§ 9, paragraph 8). 1, 3 and 5 of Act No 155/1995 Coll., as amended
regulations.
9) § 2 (2). 6 (a). and Act No.) 258/2000 Coll., on the protection of the public
health and amending certain related laws.
10) European Parliament and Council Regulation (EC) No 883/2004. Regulation
The European Parliament and of the Council (EC) no 987/2009.
for example, section 12), paragraph 14. 1 Act No. 551/1991 Coll., on the General
the health insurance company in the Czech Republic, as amended by law No 438/2004 Sb.
13) § 4a (a). (b)), and (c)) and § 47i Act No. 359/1999 Coll., on the
the socio-legal protection of children, in the wording of later regulations.
15) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act), as amended by Act No.
383/2005 Sb.
16) Act No. 111/1998 Coll., on universities, as amended
regulations.
16) Act No. 561/2004 Coll., as amended by law no 383/2005 Sb.
for example, section 17, paragraph 68). 3 of Act No. 221/1999 Coll.,
section 124, paragraph 17). 5 of law No 361/2003 Coll.
§ 17A), paragraph 61. 4 Act No. 221/1999 Coll., on professional soldiers, in
as amended.
18) section 67 of Act No. 169/1999 Coll., on the execution of the sentence of imprisonment and of
change some of the related laws.
18A) section 15a of Act No. 589/1992 Coll., as amended by the Act No. 261/2007 Coll.
19) of section 127a of the labour code.
section 34, paragraph 19). 4 of law No. 236/1995 Coll., on salary and other
terms related to the performance of functions of the representatives of the State power and
some State authorities and judges and members of the European Parliament, in
as amended.
section 73, paragraph. 4 Act No. 128/2000 Coll., on municipalities (municipal establishment), in
as amended.
section 48 paragraph. 3 of Act No. 129/2000 Coll., on the regions (regional establishment), in
as amended.
§ 53 paragraph. 4 of law No. 131/2000 Coll., on the capital city of Prague, in the text of the
amended.
20) section 5 of Act No. 589/1992 Coll., as amended.
21) Law No 258/2000 Coll., as amended.
22) section 20 to 23 of the Act No 155/1995 Coll., as amended.
23) section 953 of the civil code.
24) § 796 of the civil code.
25) § 824 of the civil code.
26) section 826 of the civil code.
27) section 928 of the civil code.
28 section 958 of the Civil Code).
30) section 907 of the civil code.
31) Law No 117/1995 Coll., as amended.
section 37, paragraph 32). 1 (a). (b)) and section 153 of the labour code.
section 100 of the staff of law.
Decree No. 288/2003 Coll., laying down the work and workplace, which
are disabled, pregnant women, lactating women, mothers until the end of the ninth
months after birth and youthful, and the conditions under which minors
exceptionally, these works take place because of the training.
section 25, paragraph 33). 3 and 6 and section 85, paragraph. 1 Act No. 361/2003 Coll.
section 41 paragraph. 6 of Act No. 221/1999 Coll.
Decree No 432/2004 Coll., laying down the list of activities prohibited
pregnant příslušnicím, příslušnicím to the end of the ninth month after childbirth
and příslušnicím, who are breastfeeding.
34) Act No. 221/1999 Coll., on professional soldiers, as amended
regulations.
section 18, paragraph 35). 1 of Act No. 48/1997 Coll.
36) Act No. 435/2004 Coll., on employment, as amended,
regulations.
37) section 12 (a). (d)) of the Act No. 48/1997 Coll.
38) Law No 372/2011 Coll. on health services and conditions of their
provision (law on health services).
section 33, paragraph 39). 3 of Act No. 48/1997 Coll., as amended by law no 369/2011 Sb.
40) section 25 of Act No. 48/1997 Coll.
Article 41). 8 (2). 1 directive of the European Parliament and of the Council 95/46/EC of the European
24 October 1995 on the protection of individuals with regard to the processing of
personal data and on the free movement of such data.
section 18, paragraph 42). 3 (b). and Act No. 48)/1997.
43) Decree No. 134/1998 Coll. issuing the list of health
performance with point values, as amended.
44) Act No. 526/1990 Coll., on prices, as amended.
44) Act No 265/1991 Coll., on the scope of the authorities of the Czech Republic in
pricing, as amended.
section 13, paragraph 45). 3 and § 18 paragraph. 3 of the Act No. 220/1991 Coll., on the Czech
Medical Chamber, the Czech dental Chamber and the Czech Chamber of pharmacists.
46) § 3 (3). 3 (b). (c)) and section 6 (1). 1 and 2 of Act No. 582/1991 Coll., on the
as amended.
47) section 3 (3). 3 (b). (b)) and § 3a of Act No. 582/1991 Coll., as amended by
amended.
47A) § 45a of the Act No 455/1991 Coll., on trades
(Trade Act), as amended.
for example, § 48), paragraph 68. 3 (b). and (c))) and e) to (g)) of the business
code,
§ 7, paragraph 48). 2 (a). and), b) and (d)) of Act No. 227/1997 Coll., on foundations and
Foundation funds and amending and supplementing certain related acts
(the law on foundations and Foundation funds Act), as amended,
§ 8 paragraph. 1 (a). and (d))) up to and f) of Act No. 248/1995 Coll., on General
community service societies and amending and supplementing certain acts, in
as amended.
49) section 13 of Act No. 455/1991 Coll., on trades
(Trade Act).
50) Article. 16 of the European Parliament and Council Regulation (EC) no 987/2009 of the
day 16. September 2009 laying down detailed rules for the application of Regulation (EC)
No 883/2004 on the coordination of social security systems.
section 67, paragraph 51). 2 Act No. 258/2000 Coll.
section 77, paragraph 52). 1 of Act No. 20/1966 Coll., as amended.
52A) § 32 Act No. 500/2004 Coll., the administrative procedure code.
53) section 3 of the Act No. 153/1994 Coll., on the intelligence services of the Czech
of the Republic.
54) Act No. 148/1998 Coll., on the protection of classified information and on the change
certain acts, as amended.
55) section 102 of Act No. 435/2004 Coll.
56) section 55 of Act No. 48/1997 Coll.
57) section 3 of the Act No. 133/2000 Coll., as amended.
58) section 1 of Act No. 133/2000 Coll., as amended by law No 53/2004 Sb.
59) section 13b of Act No. 133/2000 Coll., as amended by law No 53/2004 Sb.
60) section 24 of Act No. 551/1991 Coll., on the Czech General health insurance company
of the Republic.
60) section 24 of Act No. 551/1991 Coll., on the Czech General health insurance company
of the Republic.
§ 21 of Act No. 280/1992 Coll., on departmental, industry, corporate, and
other health insurance companies.
Article 61). 1 (1). 2 of the directive of the European Parliament and of the Council 95/46/EC.
Article 62). 25 paragraph. 4 of the directive of the European Parliament and of the Council 95/46/EC.
63) Act No. 365/2000 Coll., on public administration and information systems of the
Amendment of certain other acts, as amended.
64) section 16 c of Act No. 582/1991 Coll., as amended.
65) Act No. 500/2004 Coll., the administrative code, as amended by law no 413/2005 Sb.
66) Act No. 200/1990 Coll. on offences, as amended.
66A) section 6 (1). 2 sentence third Act No. 500/2004 Coll.
67) Act No 227/2000 Coll., on electronic signature and amending certain
other laws (the law on electronic signature), as amended
regulations.
68) § 2 (b). r) Act No. 365/2000 Sb.
69) § 1 and 2 of Act No. 245/2000 Coll., on public holidays, on the other
public holidays, on significant days and days of rest.
69A) § 2 (2). 5 of the law No. 258/2000 Coll.
section 69, paragraph 70). 1 (a). (b)), and (h)) Act No. 258/2000 Coll.
section 82, paragraph 71). 2 (a). in the Act No.) 258/2000 Coll., as amended
regulations.
§ 45a, paragraph 72). 3 of the Trade Licensing Act.
73) § 278 of the judicial code.
§ 293, paragraph 74). 4 and 5 of the code of civil procedure.
75) section 963 of the civil code.
76) section 452 of the Act No. 292/2013 Coll., on special procedures the Court.
76) section 49 of Act No. 373/2011 Coll., on specific health services.
section 15, paragraph 77). 2 Act No. 582/1991 Coll., as amended.
78) European Parliament and Council Regulation (EU) No 1303/13 of 17 November 2003.
December 2013 on common provisions on the European Fund for
regional development, 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, European Social Fund, the Cohesion Fund and the
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 December. December 2013 on the European Social Fund and repealing
Council Regulation (EC) No 1081/2006.
