Implementing Act No. 435/2004 Coll. On Employment

Original Language Title: , kterou se provádí zákon č. 435/2004 Sb., o zaměstnanosti

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=58401&nr=518~2F2004~20Sb.&ft=txt

518/2004 Sb.



The DECREE



of 23 December 2003. September 2004,



implementing Act No. 435/2004 Coll. on employment



Change: 507/2005 Sb.



Change: 452/2008 Sb.



Change: 390/2011 Sb.



Change: 340/2014 Sb.



The Ministry of labour and Social Affairs provides under section 69, paragraph. 7, § 77

paragraph. 1, section 78, paragraph. 9, § 81 paragraph. 5, section 105, paragraph. 4, § 119, paragraph. 6 and section

130 of Act No. 435/2004 Coll., on employment, (hereinafter referred to as "the Act"):



PART THE FIRST



REHABILITATION OF PERSONS WITH DISABILITIES



(§ 69 paragraph 7 of the law)



§ 1



Individual rehabilitation plan



Individual rehabilitation plan, people with

disabilities ^ 1) contains



and the expected goal of rehabilitation),



(b) the forms of rehabilitation) ^ 2), which were established for a person with

disabilities,



(c) the expected time course work), rehabilitation,



(d)) and the method of evaluation of efficiency terms established forms of work

rehabilitation.



Types of costs borne by the Labour Office and their remuneration



§ 2



(1) for the costs of legal or natural persons authorised under section 69, paragraph. 1

security-work Rehabilitation Act (hereinafter referred to as the "designated person"),

associated with the implementation of the rehabilitation shall be



and costs incurred to) direct employment rehabilitation (material, wages and

compensation of employees, other direct costs),



b) overhead costs incurred by implementing the work rehabilitation,



(c) subsection) the costs of rehabilitation, which for an authorised

the person secures other vocational or educational establishments.



(2) costs of authorized person, that are associated with the implementation of the work

rehabilitation is also, if not included in the costs referred to in

paragraph 1 shall be deemed to



and participants) the costs of rehabilitation needed to

implementation of rehabilitation, however, up to a maximum of 2 000 CZK

One participant,



(b)) the cost of personal protective equipment, washing, cleaning and

disinfectants and protective beverages ^ 3) provided to participants

work rehabilitation,



c) liability insurance on the health of the participant's work

rehabilitation, agreed on a period of rehabilitation.



(3) in the event that, in the implementation of the rehabilitation person

disabilities is necessary cooperation with a specialist or participation

other natural persons, shall be considered the cost of rehabilitation and

the costs associated with their activities in the rehabilitation work.



§ 3



(1) for the costs of the employer, which performs the preparation of the work pursuant to section

paragraph 72. 2 (a). and the law, shall be)

435/2004 Coll.



and) labour cost per employee, that prepares the person for the job is

disabilities, corresponding to the number of hours worked this

staff in the preparation of the work of the persons with disabilities,



(b)), when it is in the implementation of training to work the necessary cooperation

with the expert or the participation of any other natural person, the costs associated with their

activities in work rehabilitation.



(2) for the costs of an entity referred to in section 72, paragraph. 2 (a). (b)), and (c)) of the Act,

that performs the preparation of the work, shall be



and) labour cost per employee, that prepares the person for the job is

disabilities, corresponding to the number of hours worked this

staff in the preparation of the work of the persons with disabilities,



(b)) the cost of personal protective equipment, washing, cleaning and

disinfectants and protective beverages ^ 3) provided to a person with

disabilities,



(c)) proven costs of transportation of a disabled person from a place

residence to the place of training to work and back,



d) proven accommodation costs of persons with disabilities, if the

the preparation of the work takes place outside the municipality of residence, however to the maximum

above 1 000 CZK per day



e) subsistence expenses under a special legal regulation ^ 4) in the days of participation

the preparation of the work, if it takes place outside the municipality of residence of the person with

disabilities,



f) liability insurance on the health of people with

disabilities, agreed on a period of rehabilitation.



§ 4



For the cost of rehabilitation of the participant work rehabilitation is

consider



and the combination of the proven expenses) of the place of residence of the ^ 5) to the venue of the working

rehabilitation and back,



(b)) proven accommodation costs for rehabilitation, if

takes place outside the municipality of residence of the participant work rehabilitation, maximum

However, up to 1 000 CZK per day



c) subsistence expenses under a special legal regulation ^ 4) in the days of participation

work rehabilitation, if held outside the municipality of residence of the participant

work rehabilitation,



d) insurance for damage to the participant work

rehabilitation in the context of work rehabilitation, or other insurance

associated with the rehabilitation of work abroad.



§ 5



(1) payment of the costs associated with security work rehabilitation

According to § 2 (2). 1 to 3 and the costs under section 3 shall be carried out continuously. The cost of

shall be borne by the Labour Office within 30 calendar days from the date of their Bill, and it

non-cash transfer to the account with the financial institution.



(2) the costs referred to in section 4 shall be borne by the Office work of the participant work rehabilitation

non-cash transfer to his account at the financial institution or

postal order or in cash, within 30 calendar days from the

the date of their Bill.



PART THE SECOND



PROTECTED POST



(To section 77 (1) of the Act)



§ 6



Characteristics of a protected work space



(1) characteristics of the protected work space contains a description of



and) work activities



(b)) of the workplace and its location,



c) working conditions.



(2) when considering applications for the conclusion of the agreement on the establishment of, or definition

protected employment office shall take into account whether the

the employer



and not in the period 12) months before the date of submission of the application,

the employee, who is a person with a disability, the Treaty, the

the basis of this staff member was obliged to provide financial

resources contrary to accepted principles of morality,



(b) the date of filing of the application) shall be paid not less than 80% of employees who are

persons with disabilities, which may claim the

pursuant to section 78 of the Act's contribution, the wage or salary non-cash transfer to the

account with the financial institution, or a postal order,



(c) the date of filing of the application) employs an absolute majority of the employees,

who are persons with disabilities, at their workplace,



(d)) shall be allocated to the employees who are persons with disabilities,

the work of the appropriate from the perspective of positive effects on social integration

of these persons, or in terms of the proportion of funding spent

from the State budget on the employment of people with disabilities and

revenues gained by selling products and services that are related to

the employment of such persons.



(3) the agreement on the establishment of a protected work or the definition of space can be

conclude with an employer who complies with the criteria referred to in paragraph 2

(a). and), b) and (d)), or the criteria referred to in paragraph 2 (a). and (c)).)



section 7 of the



cancelled



§ 8



Types of operating expenses of the protected work space



(1) for the operational costs of the protected work space that can be

the employer, pursuant to section 76 of the Act provide a contribution shall be considered as



and increased administrative costs) in the amount of 7% of the average monthly wage in the national

the economy in the first and third quarter of the previous calendar

of the year,



(b) operating costs and staff) working assistants, which are



1. pay the cost of operating staff and assistants working in the

the basic working relationship to employers, and to the extent

the corresponding number of hours worked by employees or the operating

work assistants when assistance to employees who are persons with

disabilities, or



2. the cost of securing assistants in the event that it is not a

employees of the same employer,



(c) transport costs) in connection with the employment of persons with

disabilities, which are the costs of



1. the transport of employees who are persons with disabilities,

the workplace and from the workplace, or



2. the transport of materials and finished products,



d) costs of adapting premises, which are the costs of



1. acquisition and verification of computer software for

the employment of people with disabilities,



2. the acquisition and adaptation of assistive technology devices

used by employees who are persons with disabilities,



3. the acquisition of communication and navigation facilities,



4. customize the hygienic, heat, light or noise

the conditions of persons with disabilities, or



5. the construction or extension of operations needed for the employment of people with

the disabled, including the cost of computer equipment.



(2) For the purposes of paragraph 1 (b). (b)) for the operational staff and

the work of the Assistant is not considered an employee, whose employment is

provides a contribution under section 78 of the Act, or the employee whose payroll

costs are covered under section 3 (3). 1 (a). and).



(3) If a part of the costs referred to in paragraph 1 and of value added tax
values, and the employer is not liable to pay the tax, the tax from the

value added for the operating expense of the protected work space.



§ 9



Types of operating expenses of job-protected self

self-employed



(1) for the operational costs of the protected employment self

self-employed, which may, pursuant to section 76 of the Act provide a contribution,

shall be considered as



and increased administrative costs) in the amount of 7% of the average monthly wage in the national

the economy in the first and third quarter of the previous calendar

of the year,



(b)), transport costs, in particular, the material and the finished products,



(c) costs of adapting premises) used to separate performance

gainful activities, and in particular the costs of the



1. acquisition and verification of computer software,



2. adaptation and acquisition of assistive technology devices,



3. customize the hygienic, heat, light or noise

conditions, or



4. the construction or extension of the service, including the cost of computer

equipment.



(2) If a part of the costs referred to in paragraph 1 and of value added tax

values and the self-employed person is not liable to pay this tax,

shall be considered as value added tax for the operating expense of the protected

employment and self-employed persons.



§ 10



Way of providing contribution



Post under section 76 of the Act provides in advance on a quarterly basis, or in the

other agreed period ^ 10). The advance is due no later than the last day of the

the first month of the quarter concerned or other agreed period.



PART THE THIRD



CONTRIBUTION TO SUPPORT THE EMPLOYMENT OF PEOPLE WITH DISABILITIES ON

PROTECTED WORK SITE



(Section 78, paragraph 12 of the law)



§ 11



The calculation of the average quarterly number of employees and the equivalised

employees who are persons with disabilities



(1) the average quarterly number of employees the equivalised

only employees in the employment relationship.



(2) the average quarterly number of employees is determined as

the proportion of the total number of hours actually worked by these employees in

the quarter, increased the hours not worked



and) due to temporary incapacity for which is provided

sickness,



(b)) as a result of the drawdown of holiday,



(c)) because of the obstacles in the work on the part of the employer,



(d)) due to obstacles in the work on the part of the employee, if the

the obstacles for which the employee is entitled to compensation for wages or

salary ^ 6), or according to § 192 paragraph. 1 the second part of the sentence for a semicolon

the labour code, the compensation is not for wages or salary,



(e) as a result of the treatment of the child) or the care or treatment of another

Member of the household for which belongs to the ošetřovné ^ 7),



and the total fixed weekly working time ^ 8) without the holidays accounted in

the quarter to one employee working for a fixed

weekly working time ^ 8).



(3) If an employer only after part of the calendar

quarter used when detecting the number of average equivalised

employees total fixed weekly working time without holidays

per employee for a fixed weekly

working time ^ 8) in those months in which activities the employer

He has pursued.



(4) the average quarterly number of employees is determined as

the sum of the average number of employees working in the passenger

the individual operating modes.



§ 12



For the purposes of fulfilment of the conditions of employment for more than 50% of the employees,

who are persons with disabilities, with the average, calculated

the number of those employees determined in accordance with section 11; each employee who

is the person with the biggest disabilities ^ 9), is counted three times.



section 13



cancelled



§ 14



The calculations referred to in part three shall be carried out at two decimal places. U

the total financial amount shall be rounded down to the whole of the Crown up.



§ 14a



Types of additional cost, which can increase the contribution to support

the employment of people with disabilities



(1) For other costs, which can increase the contribution under section 78, paragraph. 3

the law shall be considered as



and increased administrative costs) in the amount of 4% of the average monthly wage in the national

the economy in the first and third quarter of the previous calendar

of the year,



(b) operating costs and staff) working assistants, which are



1. pay the cost of operating staff and assistants working in the

the basic working relationship to employers, and to the extent

the corresponding number of hours worked by employees or the operating

work assistants when assistance to employees who are persons with

disabilities, or



2. the cost of securing assistants in the event that it is not a

employees of the same employer,



(c) transportation costs associated) with the employment of persons with

disabilities, which are the costs of



1. the transport of employees who are persons with disabilities,

the workplace and from the workplace, or



2. the transport of materials and finished products,



d) costs of adapting premises, which are the costs of



1. acquisition and verification of computer software for

the employment of people with disabilities,



2. adaptation and acquisition of assistive technology devices

used by employees who are persons with disabilities,



3. the acquisition of communication and navigation facilities,



4. customize the hygienic, heat, light or noise

the conditions of persons with disabilities, or



5. the construction or extension of operations needed for the employment of people with

the disabled, including the cost of computer equipment.



(2) For the purposes of paragraph 1 (b). (b)) for the operational staff and

the work of the Assistant is not considered an employee, whose employment is

provides a contribution under section 78 of the Act, or the employee whose payroll

costs are covered under section 3 (3). 1 (a). and).



(3) If a part of the costs referred to in paragraph 1 and of value added tax

values, and the employer is not liable to pay the tax, the tax from the

value added for the operating expense of the protected work space.



PART THE FOURTH



THE CALCULATION OF THE AVERAGE ANNUAL NUMBER OF EMPLOYEES AND THE CALCULATION OF THE EQUIVALISED

THE IMPLEMENTATION OF A COMPULSORY SHARE



(For section 81 (5))



§ 15



The method of calculation of the average annual number of employees the equivalised



(1) to the average annual number of employees the equivalised

only employees in the employment relationship.



(2) average annual number of employees is determined as a percentage of

the total number of hours actually worked by these employees in the

calendar year, increased the hours not worked



and) due to temporary incapacity for which is provided

sickness,



(b)) as a result of the drawdown of holiday,



(c)) because of the obstacles in the work on the part of the employer,



(d)) due to obstacles in the work on the part of the employee, if the

the obstacles for which the employee is entitled to compensation for wages or

salary ^ 6), or according to § 192 paragraph. 1 the second part of the sentence for a semicolon

the labour code, the compensation is not for wages or salary,



(e) as a result of the treatment of the child) or the care or treatment of another

Member of the household for which belongs to the ošetřovné ^ 7),



and the total fixed weekly working time ^ 8) without the holidays accounted in

given calendar year per employee for a fixed

weekly working time ^ 8).



(3) If an employer only after part of the calendar

year, it shall apply in determining the number of average equivalised

employees the total fixed working hours without holidays, attributable to the

one employee working for a fixed weekly working time ^ 8)

in those months in which the employer activity performed.



(4) average annual number of employees is determined as the sum of

the average passenger numbers of staff working in the individual

operating modes.



section 16 of the



The average annual number of employees found the equivalised according to §

15 shall be a mandatory percentage of employees who are persons with

the disabled.



The method of calculating the fulfilment of compulsory share



§ 17



For the purposes of compliance with the obligation to employ disabled people

pursuant to section 81, paragraph. 2 (a). and the average annual) Act number (FTE)

employees who are persons with disabilities, and the average

the annual number of employees who are persons with more serious

disabled persons, in the manner referred to in section 15; each

a staff member who is a person with a disability, the harder

be counted three times.



section 18



(1) for the purposes of compliance with the obligation to employ persons with

disabilities pursuant to § 81 paragraph. 2 (a). (b) the number of persons) of the Act is

disabilities, which an employer may offset the performance of

the obligatory share, calculated that, of the total volume of payments,
made for the products, services, or order that the employer

removed from individual legal or natural persons referred to in section

paragraph 81. 2 (a). (b)) of the Act (hereinafter referred to as "the supplier") in the reference

calendar year shall be deducted from the value added tax and the resulting amount

sedminásobkem divided by the average monthly wage in the national economy for the

the first reference to the third quarter of the calendar year, the renowned

The Ministry of labour and Social Affairs.



(2) in the event that the number of persons with disabilities under the

paragraph 1 is greater than the average number of employees

the vendor, who are persons with disabilities, endorsed for

the calendar quarter, the employer's share of the implementation of the compulsory

for the calendar year of the reference count of a disabled person

only in the number of which has been confirmed in each calendar quarter

as the highest; in determining this number, supplier shall proceed pursuant to section

11. The calendar quarter for these purposes is the calendar quarter

previous zdanitelnému implementation for the supply of goods or services or

the award of contracts.



(3) when removing products or services from self-employed persons

active, which is a person with a disability and not employ any

the employee, or the procurement of this person, it is possible to count

a maximum of one employee, who is a person with

disabilities.



§ 18a



Employers and self-employed persons according to § 81 paragraph. 2

(a). (b)) of the Act may, within the total amount provided for in § 81 paragraph. 3 of the law

count the price without value added tax, and goods and services

granted in a given calendar year, or for a specified contract to be fulfilled in the

given calendar year.



§ 19



For the purposes of compliance with the obligation to employ disabled people

pursuant to section 81, paragraph. 2 (a). (c)) of the Act is the number of employees who are

persons with disabilities, for which the employer carries out the removal,

determined as the difference between the number of employees who are persons with

disabilities and the employer to employ in the amount of

the mandatory market share, and the number of employees with disabilities,

the mandatory share fulfilled according to § 81 paragraph. 2 (a). and (b)) of the Act).



section 20



The calculations referred to in part four of the will be carried out at two decimal places.

For financial, the resulting amount shall be rounded down to the whole of the Crown

up.



PART THE FIFTH



CONSULTANCY



(To section 105, paragraph 4, of the Act)



section 21



Characteristics of the consultancy activities



(1) the guidance focuses on the provision of

information about occupations, prerequisites and eligibility for the performance of a particular

profession, studies, training and opportunities

the working application. Advice is provided to pupils and students in schools

and other natural or legal persons; This is without prejudice to the provision of

consulting services in the Ministry of education.



(2) advice for the choice of retraining focuses on determining the content of

and the scope of the retraining and is based on the existing qualifications, health

status, skills and experience of the physical person who is to be

rekvalifikována.



(3) advice for mediation a suitable job to a natural person

focuses on the assessment of health, skills and personality

the assumptions for the recommendation of a suitable job, training for the profession and

retraining. Advice for employers focuses on the selection of

for employers and employees to ensure consistency between the requirements of

employers and labour supply in the labour market.



(4) advice for the choice of preparation to work of persons with

disabilities focuses on addressing specific needs in health,

social and other areas of life of such persons, and on the removal of obstacles

their access to the labour market.



(5) consulting services in the selection of appropriate instruments for active policy

employment focuses on streamlining the work of the application of physical

people with employers in accordance with the requirements and opportunities of the labour market.



section 22



Forms of advice



(1) Advice shall be made in the form of



and group counseling or individual) advice,



(b) the assessment of personality the working assumptions) and balance sheet

Diagnostics,



c) Advisory programmes aimed at job search techniques

and other activities to work on the application of natural persons

of the labour market.



(2) the verification of the assumptions of the Diagnostics of natural persons

the work of the application and for further education. Balance the Diagnostics are

focuses on the comprehensive assessment of the skills and capabilities of individuals in

building on its future work.



(3) for the classification of physical persons in the different forms of advice

is based, in particular, of its state of health, current work and

life experience, qualifications and levels of education and

possibilities for its placement on the labour market.



section 23



Types of costs borne by the Office work



(1) for the costs of vocational equipment associated with the advice shall be



and costs incurred to) direct advice (material, wages and remuneration

employees, other direct costs),



(b) the administrative costs incurred by a) advice,



(c) subsection) the cost of advice for specialist equipment

provides other professional equipment,



(d) a reasonable profit), a maximum of 15% of the costs incurred,



(e)), value added tax, if a part of the costs referred to in points (a)

and (c))) this tax and professional equipment is not a payer of value added tax

values.



(2) for the costs of vocational equipment associated with the advice, if

are not included in the costs referred to in paragraph 1, shall be deemed to



and the cost of the necessary equipment) of the participants with advice, to a maximum of

2 000 Czk per participant,



b) liability insurance health advice to the participants,

agreed on a period of participation in the advice.



(3) for the costs of a job applicant or person with

disabilities associated with the advice of the combination shall be considered as expenditure under the

special legal regulation ^ 4), a proven contender for the job, or

a person with a disability, if taking part in the work of diagnosis,

Diagnostics or consultancy programmes.



PART SIX



POSTS WITHIN THE ACTIVE EMPLOYMENT POLICY



(To section 119 paragraph 6 of the law)



section 24



Publicly beneficial work



Contribution to the creation of employment opportunities within the public

community service is provided monthly or other agreed period and

is due within 30 calendar days of the submission of the Bill paid

wage costs.



Socially purposeful jobs



§ 25



(1) the contribution on socially useful jobs, which the employer

the newly set up and which will boast a jobseeker for at

negotiated in the agreement, or the socially purposeful jobs created

contender for the job in order to pursue self-employment,

may be given as



(a) contribution)



(b)) contribution margin interest on loans, or



(c) any other purpose specified by the post).



(2) the contribution referred to in paragraph 1 shall be provided within 30 calendar days from the

the date of conclusion of the agreement for the provision of this contribution.



section 26



Contribution to socially purposeful work place, the employer

reserved for a specific job seeker ^ 13) provides a monthly

or in another agreed period and is payable within 30 calendar days from the

the presentation of the Bill paid by the wage costs.



the title launched



section 27 of the



cancelled



the title launched



section 28



cancelled



Contribution to the incorporation of



section 29



Post on the incorporation is granted on a one-time basis, and that of the entire

the agreed period and is payable within 30 calendar days of submission of the

written information about the progress of the incorporation.



Post in the transition to a new business program



section 30



Post in the transition to a new business program provides

on a monthly basis and shall be payable within 30 calendar days of submission of the statement of

paid compensation of wages of employees.



The provision of contributions



section 31



Posts within the active employment policy to provide

non-cash transfer to the beneficiary's account with the financial institution.

The total amount of the contribution referred to in section 24, 26 and 30 and under section 114 of the Act

rounded up to whole Crown.



PART SEVEN



SHARED EMPLOYMENT



(Section 119a, paragraph 8 of the law)



§ 31a



(1) Information on the progress of the mediation and cooperation

jobseekers with the agency work provides the agency work

the regional branch office of the work in a way that allows remote access.



(2) contribution to the shared job for each candidate

on employment, which provides employment agency work on

under the agreement with the Office of work, shall be payable within 30 calendar days from the

the date of the conclusion of the agreement in accordance with section 119a of the Act.



(3) the contribution for the placement of jobseekers and his continuance in
employment for at least 6 months is payable within 30 calendar

days from the date when the Agency announced this fact to the County

Branch Office work.



(4) contributions are non-cash transfer to the account of the Agency

the work.



Section 31b



For the purposes of a shared job selection agencies work

executes the tender under special legislation ^ 14).



PART EIGHT



BUSINESS CARD



(Section 130 of the Act)



§ 32



The essentials of professional licence



Business card contains:



and the designation of the supervisory authority),



(b)) a color photograph of the employee on the dimensions 45 mm x 35 mm,



c) academic title, name and surname of the employee,



(d) the registration number of the employee)



(e) the number of professional licence)



(f) the extent of the control of permissions)



(g)) of the date of issue,



(h) the stamp of the authority) official work and signature of the authorized person.



section 33



The pattern of the staff of the card



The pattern of the staff of the card is listed in the annex to this Decree.



PART NINE



The EFFECTIVENESS of the



§ 34



This Decree shall take effect on 1 January 2005. October 2004.



Minister:



Ing. Škromach in r.



Annex



The model certificate of professional employees in the offices and employees in the work

The Ministry of labour and Social Affairs is responsible for monitoring the activities of the

According to the Act No. 435/2004 Coll. on employment

_________________

*) Note. ASPI: the annex is amended by Decree No 390/2011 Coll., on the front side of the staff regulations the words "stamp card

The MLSA "shall be replaced by the words" the stamp of the Office work of the CZECH REPUBLIC ".



1) section 67 of Act No. 435/2004 Coll. on employment.



2) § 69 paragraph. 3 of Act No. 435/2004 Coll.



3) section 104 of the labour code.



4) section 163 and 176 of the labour code.



5 section 5 (b)). (b)) of Act No. 435/2004 Coll.



6 of the labour code).



Government Regulation No 590/2006 Coll., laying down circuit and a range of other

important personal barriers at work.



7) section 39 of Act No. 187/2006 Coll., on sickness insurance.



8) section 79 of the labour code, as amended by Act No. 362/2007 Sb.



section 67, paragraph 9). 2 (a). a) of Act No. 435/2004 Coll.



section 75, paragraph 10). 6 and section 76, paragraph. 4 of Act No. 435/2004 Coll.



§ 113 paragraph 13). 5 of Act No. 435/2004 Coll. as amended by Act No. 382/2005

SB.