Amendment Of The Labour Code And The Amendment And Cancellation Of Some Other Laws

Original Language Title: změna zákoníku práce a změna a zrušení některých dalších zákonů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=84496&nr=205~2F2015~20Sb.&ft=txt

205/2015 Sb.



LAW



of 23 December 2003. July 2015,



amending Act No. 262/2006 SB., labour code, as amended by

amended, repealed the law No. 266/2006 Coll., on accident

insurance of employees, and be deleted or amended certain other laws



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the labour code



Article. (I)



Act No. 262/2006 SB., labour code, as amended by Act No. 585/2006 Coll.

Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No. 296/2007 Coll.

Act No. 362/2007 Coll., Constitutional Court, declared under no.

116/2008 Coll., Act No. 121/2008 Coll., Act No. 126/2008 Coll., Act No.

294/2008 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll., Act No.

382/2008 Coll., Act No. 286/2009 Coll., Act No. 320/2009 Coll., Act No.

326/2009 Coll., Act No. 347/2010 Coll., Act No. 427/2010 Coll., Act No.

73/2007 Coll., Act No. 180/2007 Coll., Act No. 185/2007 Coll., Act No.

341/2011 Coll., Act No. 364/2007 Coll., Act No. 365/2010 Coll., Act No.

367/2011 Coll., Act No. 375/2007 Coll., Act No. 458/2007 Coll., Act No.

466/2011 Coll., Act No. 167/2012 Coll., Act No. 385/2012 Coll., Act No.

396/2009 Coll., Act No. 399/2009 Coll., Act No. 155/2013 Coll., Act No.

303/2013 Coll., Act No. 101/2014 Coll., Act No. 182/2014 Coll. and act

No. 250/2014 Coll., is amended as follows:



1. In paragraph 1 (b). (b)), after the words "collective nature", the words "and

support of mutual negotiations, trade unions and organizations

employers ".



2. In Article 1a, paragraph 2 reads as follows:



"(2) the principle of special legal protection status of the employee,

satisfactory and safe working conditions for the performance of the work,

fair remuneration, equality of treatment with staff

and the prohibition of discrimination reflect the values which protect the public

order. ".



3. In § 33 para. 2 the words "Association of citizens according to a special legal

^ regulation 109) "shall be replaced by" the Association, trade union or

employers ' organizations under special legislation ". Note

footnote # 109 is hereby repealed.



4. In section 67 para. 2 the words "preventive care"

replaced by the words "occupational health service provider" and the words "§

paragraph 367. 1 "shall be replaced by the words" § 270 of paragraph 1. 1. "



5. In paragraph 76, paragraph 5 shall be deleted.



6. In article 77 paragraph 4 is added:



"(4) if there is no agreed way to cancel the legal relationship agreement

for work or the agreement on work-related activities, it is possible to cancel it



and the Contracting Parties to the agreement) negotiated the day



(b) the notice given) for any reason or no reason, with

a 15-day notice period, beginning on the day on which the notice of termination

delivered to the other Contracting Party, or



c) immediate termination; immediate termination of the legal relationship

the agreement on the implementation of the work or the agreement for work may, however,

be agreed only for cases where it is possible to immediately terminate the employment

ratio.



To cancel the legal relationship established by the agreement on work or

agreement on work-related activities requires the written form, otherwise its

the testimony or the immediate cancellation of the account. "

.



7. § 103 para. 1 (b). (d)) and in section 106 paragraph. 4 (b). (b)), the words

"preventive examinations" are replaced by the words "pracovnělékařským

inspections ".



8. In § 103 para. 1 (b). e), the words "preventive" are replaced by

the words "labour inspection".



9. At the end of the text of section 180 shall be added the words "paragraph. 1 and 2 ".



10. In paragraph 224 of paragraph 1. 1 the words "preventive care" shall be replaced by

"occupational health services".



11. Part Eleven:



"PART OF THE ELEVENTH



COMPENSATION FOR MATERIAL AND NON-MATERIAL DAMAGE



TITLE I OF THE



PREVENTION



§ 248



(1) the employer is obliged to provide to its employees such

working conditions, so that they can properly perform their job tasks without

risk to the health and property; If it detects a fault, it is obliged to take the measures

to remove them.



(2) the employer shall be entitled to protect assets in the necessary

the range to check things that employees bring to him or

from him they're going through, where appropriate, carry out surveys of employees. When

control and inspection referred to in the first sentence, the protection must be observed

personality. Personal tour only a natural person may perform the same

gender.



§ 249



(1) the employee is obliged to act so as to avoid property

injury (hereinafter referred to as "damage"), non-material injury or unjust enrichment.

If there is damage or non-material damage, shall be obliged to notify

the parent of the head.



(2) if it is to avert the imminent harm employers urgently need to

the procedure, the employee is obliged to take action; does not need to do so, if

his important circumstance or if this would expose the serious

a threat to themselves or other employees or persons nearby.



(3) If an employee becomes aware that it has created the necessary working

conditions, is obliged to notify this fact to the supervisor to the head

employees.



TITLE II



THE OBLIGATION OF THE EMPLOYEE TO COMPENSATION



Part 1



General obligation to compensate for damage



§ 250



(1) the employee is obliged to compensate the employer damages

caused due to a breach of duty during the course of work

or in direct connection with it.



(2) if the damage caused by the breach of duty on the part of also

employers, the obligation to compensate employees is relatively limited.



(3) an employer is required to prove the fault of the employee, with the exception of

in the cases referred to in § 252 and 255.



Part 2



Failure to comply with the obligation to prevent damage



§ 251



(1) an employee who knowingly told a superior leader

the employee on the employer or the damage had action taken against

imminent harm, as this would prevent the imminent occurrence of

damages, the employer may require to share in the compensation,

that was caused by the employer, to the extent reasonably

circumstances of the case, if it is not possible to replace the otherwise.



(2) an employee is not obliged to compensate for damage caused during

preventing imminent harm to the employer or directly threatened

life or health, if this State alone and deliberately acted in a

a manner appropriate to the circumstances.



Part 3



The deficit on the values assigned to the employee is obliged to charge,

and the loss of the conferred things



Section 1



The deficit on the values assigned to the employee is obliged to charge



§ 252



(1) if the agreement has been concluded with the employee about the responsibility to protect

the values entrusted to the employee for the expense report (hereinafter referred to as "the agreement on

responsibility for delegated values "), which shall be treated as cash,

securities, goods, supplies or other values that are the subject of

revenue or circulation, with whom an employee has the ability to personally dispose of after

the entire period during which he has been entrusted, is obliged to compensate

employer shortfall on these values.



(2) the agreement on liability for assigned values may be closed earlier

on the day when the individual reaches 18 years of age.



(3) if the employee is limited, not for his representative

to conclude an agreement on liability for assigned values.



(4) the agreement on liability for assigned values must be concluded in writing.



(5) the employee is relieved of the obligation to compensate the deficit entirely, or

in part, if he proves that the deficit has arisen wholly or in part without

the fault, in particular, that he was ignoring any obligations of the employer

impossible values assigned to the handle.



§ 253



(1) an employee who has concluded an agreement on liability for delegated

values may withdraw from it if he pursues another job, if it is transferred

on another job or to another site, if translated, or if

at the time the employer within 15 calendar days from receipt of the written

the warning does not delete faults in working conditions that prevent

the proper management of the assigned values. The values are assigned to the

the Bill together more employees, an employee from the agreement on the

responsibility for delegated values also withdraw, if the

workplaces classified or other employee is appointed by another leading or

his representative. Withdrawal from this agreement on liability under the first sentence

must be in writing.



(2) the obligation of the agreement on liability for assigned values terminates on the date

termination of service or on the date of termination of this

the agreement received by the employer, unless the termination of this agreement

specify the date later.



§ 254



(1) the employer is obliged to carry out an inventory at the conclusion of the

responsibility for delegated values upon termination of this agreement,

performance of other work, transferring employees to other work or

another site, when his transfer and upon termination of employment.



(2) at workplaces where people work together to committed

the Bill conferred on the values, the employer shall make an inventory

at the conclusion of agreements on liability for assigned values with all together

zavázanými employees, upon termination of the commitment of all these agreements, when


performance of other work, when you transfer to another job or to another site

or transfer of all contracted employees together, when you change to

the Manager of the employee or his representative and the request

together with any of the staff at the change in their

the collective, or upon the resignation of one of them, from the agreement on the

liability for assigned values.



(3) If an employee referred to in paragraph 2, whose employment contract

He ended up, or who performs a different job, or which has been converted to

other work, or has been transferred to another workplace or translated,

While requests for count, is obliged to compensate the deficit

detected by the nearest inventory on his earlier work. If

an employee who is at the workplace where the employees work

together committed to the Bill conferred on the values, while requests for

perform inventory, is obliged, if agreement on liability for

assigned values did not resign, the deficit identified nearest inventory

replace.



Section 2



The loss of the conferred things



Section 255



(1) the employee is obliged to compensate the damage caused by the loss of instruments,

protective equipment and other similar things that he

the employer had entrusted to the written confirmation.



(2) a matter referred to in paragraph 1, whose price exceeds $ 50,000, may only be

employees entrusted with only on the basis of the agreement on liability for loss

conferred things.



(3) the agreement on liability for the loss of goods entrusted may be closed

earlier in the day, when the individual reaches 18 years of age.



(4) if the employee is limited, not for his representative

to conclude an agreement on liability for loss of goods entrusted.



(5) the agreement on liability for the loss of goods entrusted must be closed

in writing.



(6) the employee is relieved of the obligation to compensate the loss of the whole or

in part, if it proves that the loss arose wholly or in part without

at fault.



(7) the Government may by regulation to increase the amount referred to in paragraph 2.



§ 256



(1) an employee who has concluded an agreement on liability for loss

conferred things, can withdraw from it if the employer

did not create the conditions to ensure the protection of the conferred things against their

the loss. Withdrawal from this agreement on liability under the first sentence must have

a written form.



(2) the obligation of the agreement on the responsibility for the loss of goods entrusted shall cease

on the day of termination of employment or the date of termination of this

the agreement received by the employer, unless the termination of this agreement

specify the date later.



Part 4



Range and method of compensation for damage



§ 257



(1) an employee who has the obligation to pay compensation in accordance with § 250, is

the employer shall be obliged to replace the real damage, in monetary terms,

If neodčiní indication of the damage in the previous state.



(2) the amount of compensation for damage caused by negligence shall not

exceed the individual employee an amount equal to

čtyřapůlnásobku its average monthly earnings before the violation of

obligations to which caused the damage. This restriction does not apply if the damage

was caused intentionally, drunk driving, or other substance abuse

substances.



(3) in the case of damage caused intentionally, the employer may require

In addition to the amount referred to in paragraph 2, as well as compensation for lost profits.



(4) caused the damage caused to the employer, the employee is also required to

replace only a proportion of the damages according to the degree of his culpability.



(5) if the compensation jointly committed to more employees, is the

each of them shall be obliged to replace a proportion of the damages according to the degree of his

at fault.



§ 258



When determining the amount of compensation according to § 251 into account in particular

the circumstances that prevented the fulfilment of obligations and the importance of damages for

of the employer. The amount of damages shall not exceed the amount of

equal to three times the average monthly earnings of the employee.



section 259



An employee who has an obligation to compensate damage caused by a deficit on the

the values assigned, or caused by the loss of the conferred things, is obliged to

replace the damage in full.



§ 260



(1) if it is to compensate the deficit together, committed to more workers, the

the individual employees in proportion to their share of the compensation obtained

gross earnings, and the earnings of their leader and his Deputy,

included in the double that amount.



(2) the percentage of the refund fixed in accordance with paragraph 1, for each

employees, with the exception of leader and his Deputy, exceed the amount

equal to their average monthly earnings before the damage occurred.

If customer fail to pay the specified shares the entire deficit, are required to pay

the rest of the head and his Deputy in proportion to their gross achieved

earnings.



(3) if it is found that the deficit was caused by all or part of any of the

together with the staff, is obliged to compensate this deficit

the employee according to the degree of his culpability. The remainder of the deficit are

required to replace all beholden to the staff shares designated by the

referred to in paragraphs 1 and 2.



(4) in determining the share of individual together with employees

is based on their gross earnings accounted for the time since the previous

counting the date of identification. In doing so, all earnings are counted

the calendar month in which this inventory is performed, and no

the earnings for the calendar month in which the deficit was detected. If it has been

However, staff at the place of work during this period included

his gross earnings made from the day when the site was classified, in

date of detection of a deficit. Gross income does not include the wage compensation

or salary.



Part 5



Common provisions on the duties of the employee compensation



§ 261



(1) an employee who is suffering from a mental disorder, is obliged to compensate

the damage caused by it, if it is able to control his conduct and assess the

its consequences.



(2) the employee shall own fault to such a State that the

not being able to control his conduct or assess its consequences, it is

shall be obliged to compensate for the damage caused in that State.



(3) Damage is obliged to replace the employee who caused intentional

Act against good morals.



§ 262



The amount of the required compensation determined by the employer; caused the damage caused to

senior employee who is the statutory body or representative,

alone or jointly with the child of an employee, shall determine the amount of compensation

the one who a statutory authority or his representative on the job

He has appointed.



§ 263



(1) the amount of compensation is required by the employer to an employee

obliged to discuss her notify him in writing and normally not later than 1

months from the date when it was determined that the damage occurred, and that the employee is

obliged to replace it.



(2) If an employee is entered into with the employer an agreement about how the refund

the damage is part of the amount of compensation requested by the employer,

If its obligation to compensate the staff member acknowledged. According to the agreement

the first sentence shall be concluded in writing.



(3) the amount of compensation required and the contents of the agreement about how her

the refund, with the exception of compensation not exceeding $ 1,000, the employer is

shall discuss with the trade unions.



§ 264



For reasons of particular interest to the amount of compensation, the Court may

reasonably reduced.



TITLE III



THE EMPLOYER'S OBLIGATION TO PAY COMPENSATION



Part 1



General obligation to compensate for damage



§ 265



(1) the employer is obliged to compensate the damage that his employees

during the course of work or in direct connection with it

violation of legal obligations or intentional act against good

morals.



(2) the employer is obliged to compensate workers whether or not damages

caused the violation of legal obligations in the performance of job duties

employers employees acting on its behalf.



(3) the employer is not obliged to compensate staff for damage on the transport

the device, which he used for the performance of work tasks or in direct

connection with him without his consent, nor any damage which arises on the

Tools, devices and articles necessary for the performance of the employee's work,

used without his consent.



Part 2



Preventing damage



§ 266



(1) the employer is obliged to compensate the staff caused the damage that

the employee suffered in preventing imminent harm employers or

danger to life or health, if the damage suffered intentional

conduct employee and the employee acted in a manner appropriate

in the circumstances. The provisions of the first sentence shall also apply to reasonably incurred

costs.



(2) the right to compensation referred to in paragraph 1 has an employee who

thus averting danger to life or health, if the

shall be obliged to compensate the employer.



Part 3



Belongings



§ 267



(1) the employer is obliged to compensate staff for damage to property,

that is usually worn to work and that the employee put down when you

performance of work tasks or in direct connection with him on the spot to

the specified or normal.



(2) the right to damages shall be extinguished if the emergence of the

the employer without undue delay, no later than 15 days

the date when the learned of the damage.



Part 4




Range and method of compensation for damage



§ 268



(1) the employer is obliged to compensate the employees actual damage.

In the case of damage caused intentionally, an employee should also

compensation for loss of profit.



(2) Damage to property, the employee typically wears to work and that

is assumed by the employer in a special custody, the employer is

employees shall be obliged to replace the amount of $ 10,000. If it is found,

the damage to these matters has caused other employee or if there is

damage to the things that the employer took into special custody, is

the employer shall be obliged to replace staff for damage in full.



(3) the right to compensation referred to in paragraph 2 shall lapse if its

emergence of the employer, without undue delay,

not later than 15 days from the date on which the learned of the damage.



(4) the Government may increase the amount of Regulation referred to in paragraph 2.



Part 5



Accidents at work and occupational diseases



Section 1



Extent of damages and non-material damage and a waiver of the obligation to

refund



section 269



(1) the employer is obliged to compensate staff for damage or

non-material damage resulting from an accident at work, if the damage or

the non-material damage occurred in the performance of work or in direct

connection with him.



(2) the employer is obliged to compensate staff for damage or

non-material damage resulting from occupational diseases if the employee

the last time before finding work with the employer under the conditions,

under which arises from an occupational disease, which has been affected.



(3) As an occupational disease, compensate and incurred prior to its

inclusion in the list of occupational diseases, and that its inclusion in the

the list, and for a maximum period of 3 years prior to its inclusion on a list.



(4) the employer is obliged to compensate the damage or non-material damage, and

When complied with the obligations arising from legislation and other regulations to

ensure the safety and health at work, if the obligations

to compensate for damage or non-material damage wholly or partially relieves them.



section 270



(1) the employer shall be relieved of the obligation to compensate for damage or

non-material damage completely, if he proves that it was



and) by the affected employee has violated its the fault of the law, or

other regulations or guidelines to ensure the safety and protection of health

at work, although he has been duly acquainted with them and their knowledge and

compliance with required and were consistently controlled, or



(b)) as a result of intoxication affected employee or as a result of abuse

other addictive substances and the employer could not damage or non-material

the injury to prevent,



and that these were the only cause of the damage or non-material

the injury.



(2) the employer shall be relieved of the obligation to compensate for damage or

non-material damage in part, if he proves that it was



and) as a result information as referred to in paragraph 1 (b). a) and b) and that the

These facts have been one cause of the damages or non-material damage, or



(b)) because the employee acted contrary to the usual way

the behavior so that it is clear that, although the law did not infringe legal or other

regulations or guidelines to ensure the safety and health at

work, acted recklessly, even though he had given its

qualifications and experience to be aware of that can cause harm to

health. For reckless conduct is not considered common carelessness

and negotiations resulting from the risk of work

.



(3) if the employer is relieved of the obligation to compensate the damage or

non-material damage in part, is obliged to determine the part that carries the

the employee, according to the measure of his fault; in the case referred to in paragraph 2

(a). (b) the employer is, however, obliged to) to pay at least one-third of

damages or non-material damage.



(4) in assessing whether the employee has violated the law or other

regulations or guidelines to ensure the safety and health at

the work, the employer could not rely on general provisions, in accordance with

where has everyone so that he does not endanger their health and the health of

other.



§ 271



The employer cannot relieve the obligation to compensate for damage or

non-material damage in whole or in part, where an employee has suffered

an accident at work in preventing imminent harm employers or danger

directly threatening life or health, if an employee intentionally this status

did not induce.



Section 2



Types of compensation



§ 271a



Compensation for loss of earnings for the period of incapacity for work



(1) compensation for loss of earnings during the period of incapacity, it is for

employees in the amount of the difference between the average earnings before the injury

caused by an accident at work or an occupational disease and the full amount of the refund

the wages or salary under section 192 or rewards from the agreement pursuant to section 194 and full

the amount of sickness. Compensation for loss of earnings pursuant to the first sentence

the employee in the amount of his average earnings before the damage occurred

even at a time when according to § 192 paragraph 2. 1 part of the second sentence after the semicolon

It is not for wages or salary compensation or rewards from the agreement.



(2) compensation for loss of earnings referred to in paragraph 1, the employee

even in his inability to work due to the same accident at work

or occupational disease. Average earnings before the injury, according to

the first sentence is the average earnings of the employee before the emergence of more

damage. If, before the emergence of additional damages employees

compensation for loss of earnings after the incapacity, compensation

for loss of earnings referred to in paragraph 1 shall provide to the employees of the above

the amounts to which he is entitled to compensation for loss of earnings after

termination of incapacity for work, had he not been unable to work. For earnings

After an industrial accident or occupational disease shall be treated as

pay the wages or salary under section 192 or rewards from the agreement pursuant to section 194 and

sick-list.



§ 271b



Compensation for loss of earnings after the incapacity



(1) compensation for loss of earnings after the incapacity or

in recognition of the disability of the employee in the amount of the difference between the

average earnings before the injury and earnings obtained after

an industrial accident or occupational disease, plus

the eventual invalidity pension received for the same reason. To reduce the

disability pension for overlapping with another pension under the legislation of

on pension insurance, nor to the earnings of employees, which has reached the

increased work effort, shall be disregarded.



(2) compensation for loss of earnings referred to in paragraph 1, the employee

even when the incapacity for work for a reason other than the original work

occupational accident or disease; for earnings after an industrial accident or

occupational disease shall be treated as earnings, from which the amount

the sickness.



(3) compensation for loss of earnings after the incapacity or

in recognition of invalidity under paragraph 1 for employees, which is

kept in the records of applicants for employment; for earnings after an industrial accident

or after occupational disease shall be treated as income in the amount of

the minimum wage. If the employee received before he became a contender

for employment, compensation for loss of earnings after the work

the inability of this remedy, it must be such, that his

a right for the duration of the employment relationship or legal relations

based agreements on work performed outside an employment relationship.



(4) If an employee reaches from his guilt lower earnings than other

staff performing the same job for the employer or job

of the same species, it is considered earnings after an industrial accident or the findings of the

occupational disease, the average earnings, which they achieve these other

employees.



(5) an employee who refuses to Board without serious reasons, work,

which the employer secured compensation for loss of earnings

referred to in paragraph 1 only in the amount of the difference between average earnings before

the emergence of damages and average earnings, which could reach in the work,

He was assured. The employer does not pay for the damage to the

the amount that you earn without serious reasons, failed.



(6) compensation for loss of earnings after the end of temporary work

the inability of the employee until the end of the calendar month,

in which it has attained 65 years of age or retirement age, if the retirement age is higher

than 65 years, or until the date of awarding a retirement pension from the pension

insurance.



§ 271c



Compensation for the pain and make it more difficult for social application



(1) compensation for pain and worsening social application provides

employees in a lump sum, at least under the law

issued for the implementation of paragraph 2.



(2) the Government regulation of compensation for the pain and make it more difficult

the social application of corresponding to the injury, the method of determining the amount of

compensation in individual cases and procedures when issuing a

assessment, including its requirements in relation to the activities under consideration.



§ 271d



Reasonably incurred costs associated with treatment



Reasonably incurred costs associated with treatment belongs to those who make these

the costs incurred.



§ 271e



Compensation for damage




An employee who has suffered an accident at work or has been detected

occupational disease, the employer is obliged to provide compensation for the General Ledger

the damage; the provisions of § 265 para. 3 also applies here.



§ 271f



Damages under this Act is not a possible loss of income.



Section 3



Types of refunds on the death of the employee



§ 271g



A replacement reasonably incurred costs associated with treatment and recovery

reasonable costs associated with the funeral



(1) compensation reasonably incurred costs associated with treatment and recovery

reasonable costs associated with the funeral belongs to those who make these costs

He expended. From the reasonable costs associated with funeral expenses shall be deducted

death grants provided under a special legal regulation.



(2) reimbursement of reasonable costs associated with the funeral expenditure

posted in funeral, cemetery fees, expenditure on the establishment of a monument or

Board to the amount of at least $ 20,000, spending the Memorial or boards,

travel expenses and one-third of the usual expenses for funeral clothing

persons close to the.



(3) the Government may, in view of the changes that occurred in the development of the price

levels, increase the amount of regulation on the establishment of a monument or plates according to

of paragraph 2.



§ 271h



Cost recovery for survivors of



(1) the refund of the cost of food, which survivors

deceased employee food was provided or was obliged to provide,

by the time in which this obligation was, up to the end of the

the calendar month in which the deceased employee would have reached age 65

age or retirement age, if the retirement age is higher than 65 years.



(2) the reimbursement of the costs referred to in paragraph 1 for the survivors in the amount of 50% of the

the average earnings of employees, established before his death, if

the food provided for or was obliged to provide for one person, and 80% of the

This average earnings if the food was provided or was obliged to

provide more than one person. From the amounts attributable to each of the survivors

minus the pension granted to survivors because of the death of the employee. To

the potential earnings of the surviving shall be disregarded.



(3) in the calculation of compensation for survivors of the costs is based on the

the average earnings of the deceased employee; reimbursement of costs of nutrition

all survivors must not, however, exceed the amount of the sum of the

also belonged to the deceased employees compensation for loss of earnings under section

271b para. 1, and shall not be granted for longer than would be entitled to the deceased

employees pursuant to § 271b para. 6.



§ 271i



One-time compensation survivors



(1) the one-time compensation survivors belongs to the surviving spouse,

partnerovi51a) and nezaopatřenému child, each in the amount of at least

240 000. One-time compensation to survivors in addition to his parents, it is for

the deceased employee, if the employee had lived in the home, in the

the aggregate amount of at least 240 000; one-time compensation of at least

It is for the 240 000 CZK in the case that the deceased employee lived in

only one parent households.



(2) the Government because of the changes that have occurred in the development of wage levels and

the cost of living, increase the amount of one-time compensation regulation

survivors.



§ 271j



Compensation for damage



Compensation for damage, it is for the heirs of an employee; the provisions of § 265

paragraph. 3 also applies here.



Section 4



Specific and common provisions on occupational accidents and occupational diseases

the profession



§ 271 k



(1) an accident at work for the purposes of this Act is the damage to the health or

the death of the employee, if to them independently of his will, in the short,

sudden and violent action of external influences in the course of work

or in direct connection with it (§ 273 and 274).



(2) as a work-related injury is assessed whether or not the injury, that the employee has suffered

for the course of work.



(3) an accident at work is not an accident that happened to the employees on the way

to work and back.



(4) occupational diseases are diseases specified in a particular legal

prescription.



§ 271l



Compensation for loss of earnings for a period of sick leave and compensation for

loss of earnings after the sick leave for the same reason are

a separate law, which is not next to each other.



§ 271m



(1) when determining average earnings for purposes of compensation when

accidents at work or occupational diseases is a decisive period

the previous calendar year, if the vesting period for employees

more profitable.



(2) compensation for loss of earnings and costs of nutrition

the bereaved, the employer is obliged to pay out regularly once

monthly, if not agreed upon a different way of payment.



§ 271n



(1) in the case of compensation for damage or non-material damage when an occupational disease

the employer has to damage or non-material damage, the right to

compensation to all employers, in which the affected employee

He worked for the conditions in which the occupational disease was established, which was

affected, to the extent corresponding to the period during which he worked for

These employers under such conditions.



(2) in the case of other damage or non-material damage to health than

an accident at work or an occupational disease, applies to the method and scope of its

the refund provisions on occupational accidents.



§ 271o



For the employee who is at the time of an accident at work or the establishment of

profession in several employment relationships or is operating on the basis of the agreement

about work performed outside an employment relationship, when fixing the amount of compensation for

loss of earnings is based on the average earnings achieved in all

These fundamental labor relations, and for a period, after which the

might last.



§ 271p



(1) a worker who sustains an accident at work or has been detected

occupational disease, employment contracted for a fixed period or when you

work on the basis of the agreement on work performed outside an employment relationship

concluded for a definite period, the compensation for loss of earnings only to

the time when this basic employment relationship had come to an end. After this time

the compensation for loss of earnings, if possible according to the

circumstances to assume that the affected employee would continue to be

employed. Other rights arising from the obligation to compensate for damage or

non-material damage caused by an accident at work or occupational disease

This does not affect.



(2) If a work-related injury or occupational disease in

those receiving old age pension or disability pension for disability

the third degree, it is incumbent upon him compensation for loss of earnings for a period, if the

ceased to be employed for reasons that are not related to an accident at work

or occupational diseases; If, for reasons that are related to

an accident at work or occupational diseases, it is for him a compensation for the loss

earnings for the period during which due to their State of health

before an accident at work or occupational diseases could work. The provisions of the

§ 271b para. 6 also applies here.



§ 271q



The rights arising from § 271g-271j are not dependent on whether the

before his death, an employee within the prescribed period the right to compensation

or non-material damage.



§ 271r



The method and the amount of compensation or non-material damage, the employer is

without undue delay shall discuss with the trade unions and the

by the employee.



§ 271s



The amount of the compensation, the Court may set out by law (§ 271c and 271i)

reasonably increase.



§ 271t



Not be limited to the rights of the employee to compensation for loss of earnings from

because of an accident at work or occupational disease, or other damages or

non-material injury than because of an accident at work or an occupational disease of

profession and the right to reimbursement of the costs for survivors. The right to

individual achievements resulting from them are, however, barred.



§ 271u



(1) changes the ratios substantially damaged that were decisive

to determine the amount of the refund may be damaged and the employer to claim

changes in the adaptation of its rights or obligations.



(2) the Government because of the changes that have occurred in the development of wage levels and

the cost of living, the regulation modifies the terms, amount and method of compensation for the

loss of earnings granted to employees upon completion of the work

incapacity resulting from an accident at work or occupational diseases, and that

as a rule, with effect from the beginning of the calendar year; This also applies to the

reimbursement of costs for survivors.



TITLE IV



COMMON PROVISIONS



§ 272



When determining the amount of damage is based on the usual price at the time of

damage or loss, taking into account what must to restore damaged or

Replace functionality of things reasonably spend.



§ 273



(1) performance of work tasks is the performance of job duties

arising from employment and from legal relationships established

agreements on work performed outside an employment relationship, other activities

carried out at the behest of the employer, and the activity that is the subject of

the working path.



(2) performance of work tasks is also an activity done for the employer

on the initiative of the trade unions, works councils, where appropriate, a representative for the

the safety and health at work, or a representative of the employees in the


The European Works Council or other staff or activities

done for the employer on its own initiative, if the employee

It does not need special permissions or it does not perform against the express

the prohibition on employers, as well as the voluntary assistance of the organized

by the employer.



§ 274



(1) in direct connection with the performance of the Working tasks are tasks needed

for the performance of work and tasks during normal or necessary before the beginning

work or its aftermath and acts normal at the time of breaks

for meals and rest in the object of the employer and further examination by

providers of health services to be carried out at the behest of the employer

or examination in respect of night work, first aid and treatment

the path to it and back. However, such acts are not the path to employment and

back, eating, examination or treatment by providers of health

services or the path to it and back, if it is not done in an object

of the employer.



(2) in direct connection with the performance of work tasks is training

workers organized by the employer or the Trade Union,

where appropriate, the authority of the supervisor to the employer, which shall be monitored

increasing their vocational preparedness.



section 274a



(1) on the way to work and back means the journey from the place of the employee's

residence (accommodation) to the point of entry into the object of the employer or the

other place designated to perform work and back; for staff members in the

forestry, agriculture and construction also journey to the designated rally point

and back.



(2) the path from the village of residence of the employee to the workplace or place of

accommodation in another village, which is the aim of the mission, if it is not

at the same time the municipalities of its regular work, and back shall be treated as

necessary action before the beginning or after the end of the work.



§ 275



(1) the employer is obliged to compensate staff for damage or

non-material damage, in monetary terms, if the damage to neodčiní indicating in

the previous state.



(2) If an employer can prove that the damage resulted from also damaged

the employee, his obligation to compensate is relatively limited. ".



12. In the thirteenth title X:



"PERMISSION FROM THE TRADE UNIONS, EMPLOYERS ' ORGANISATIONS, SUPPORT

RECIPROCAL NEGOTIATIONS OF TRADE UNIONS AND EMPLOYERS ' ORGANISATIONS AND

CHECK IN LABOR RELATIONS ".



13. the following section is inserted after section 320 320a, which reads as follows:



"§ 320a



Costs arising from the activities of trade unions and organizations

employers supporting mutual meetings at national or regional

level that relate to important interests of workers, in particular

economic, production, employment, labour, cultural and social

conditions, the State has paid on the basis of agreement in the Council, the economic and social

agreement. ".



14. In article 322 paragraph. 2, after the words "at work", the words "including

the cost of training to enhance the qualifications of inspectors, USSR

responsible for the performance of this safety checks ".



15. under § 323, § 324 is hereby inserted:



"§ 324



Trade unions and employers ' organisations shall be construed as a publicly

beneficial legal persons. ".



16. in paragraph 330, the words "§ 267 paragraph 1. 2 "and the words" § 268 paragraph. 3 "shall be deleted.



17. in section 348 at the end of the text of paragraph 2, the words "or refund

expenditure in connection with the performance of the work ".



18. In the thirteenth title XIX:



"THE PROVISIONS GOVERNING IMPLEMENTING REGULATIONS OF THE EUROPEAN UNION".



19. in § 357 paragraph. 2, the words "for the purposes of the calculation basis according to the

accident insurance legislation "shall be replaced by" in the calculation of the refund

for loss of earnings ".



20. section 360 is hereby repealed.



21. in paragraph 363, after the words "§ 246 para. 2 the first sentence, "the words" §

269 to 271, ".



22. in section 364, paragraphs 4 and 5 shall be deleted.



Paragraphs 6 to 9 shall be renumbered as paragraphs 4 to 7.



23. In article 364, paragraph 5 shall be deleted.



Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.



24. In § 364 para. 5, the part of the first sentence, after the semicolon, including the semicolon and

the second sentence shall be deleted.



25. In § 364 para. 6 the third and fourth sentence are deleted.



26. In the fourteenth title of title I of part 1:



"Liability insurance and specific provisions on the obligation to compensate

damage and non-material damage ".



27. In the fourteenth title I, part 1, the designation of sections 1 to 5 including the

the headings are deleted.



28. in section 365 paragraph 1 reads:



"(1) from the date of entry into force of this Act until the date of entry into force of

other legislation the employer's liability insurance work

an injury or occupational disease are governed by statutory liability insurance

the employer for the damage in an industrial accident or occupational disease

the provisions of section 205d of Act No. 65/1965 Coll., the labour code, as amended by

Act No. 229/1992 Coll., Act No. 74/1994 Coll. and Act No. 220/2000 Coll.

Decree No. 123/1993 Coll., laying down the conditions and rates of legal

employer's liability insurance for damage or occupational

occupational disease, as amended by Decree No 43/1995 Coll., Decree No.

98/1996 Coll., Decree No. 74/2000 Coll., Act No. 483/2001 Coll. and act

No 365/2010 Coll., and Act No. 182/2014 Sb. ".



29. In the fourteenth title I, part 1, section 366-390 including notes below

line # 105 repealed.



30. In paragraph 394, paragraph 2 shall be deleted.



PART TWO



To change the code of civil procedure



Article. (II)



In § 299 para. 1 of Act No 99/1963 Coll., the code of civil procedure, as amended by

Act No. 519/1991 Coll., Act No. 30/2000 Coll., Act No. 435/2004 Coll.

Act No. 264/2006 Coll., Act No. 305/2008 Coll., Act No. 470/2011 Sb.

Law No 401/2009 Coll. and Act No. 293/2013 Coll., the letter i) reads as follows:



"i) compensation for loss of earnings for the period of temporary incapacity for work

and compensation for loss of earnings after the temporary work

the inability ".



PART THREE



Amendment of the Act on social and legal protection of children



Article. (III)



In § 47 k Act No. 359/1999 Coll. on social and legal protection of children, in

amended by law No 401/2009 Coll., the words ", the insurance against accidents

insurance ' shall be deleted.



PART FOUR



Amendment of the Act on assistance in material need



Article. (IV)



In § 55 para. 3 of the law No 111/2006 Coll. on assistance in material need, in

amended by Act No. 261/2007 Coll. and Act No. 73/2007 Coll., letter a) is added:



"and social security authorities) ^ 41) data necessary for the implementation of

pension insurance and health insurance institutions ^ 67) data

necessary for the implementation of sickness insurance; those authorities shall communicate to the

also the data needed to fulfil the tasks arising from the law of the European

the community and the implementation of the tasks arising from international treaties in the

the area of the pension insurance and sickness insurance ".



Footnote No. 68 is repealed.



PART FIVE



Changing the law amending certain laws in connection with the adoption of the

the labour code



Article. In



In the 49th article. LII law No. 264/2006 Coll., amending

Some laws in connection with the adoption of the labour code, section 2

repealed.



PART SIX



Amendment of the Act on the activities of institutions for occupational retirement provision



Article. (VI)



In section 1 (1). 2 of law No 340/2006 Coll., on the activities of the institutions

for occupational retirement provision, as amended by law No 248/2008 Coll.,

the words "accident insurance" shall be deleted.



PART SEVEN



Amendment of the Act No. 306/2008 Sb.



Article. (VII)



Law No. 306/2008 Coll., amending Act No 155/1995 Coll., on

Pension Insurance Act, as amended, law No 582/1991

Coll. on the Organization and implementation of social security, as amended by

amended, and certain other laws, as amended by Act No.

479/2008 Coll., Act No. 466/2011 Coll. and Act No. 513/91 Coll., is amended

as follows:



1. In article 1(1). (I) point 12 shall be deleted.



2. Part of the thirty-first and thirty-second.



3. In article. XXXVIII, the words ' the provisions of article. I, section 12, art. IV, points 5 and 10

and article. XXXVII, which shall take effect on the date of application of law No.

266/2006 Coll., on insurance of the employees, as amended

regulations, ' shall be deleted.



PART EIGHT



Amendment of the Act No. 479/2008 Sb.



Article. (VIII)



Act No. 479/2008 Coll., amending Act No. 582/1991 Coll., on the

Organization and implementation of social security, as amended

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

regulations, and certain other laws, as amended by law No 375/2007 Coll.,

be amended as follows:



1. In article 1(1). I, points 11 and 15 shall be deleted.



2. Part seven is hereby repealed.



3. In article. XIV, at the end of subparagraph (c)) the comma is replaced by a dot and the letter "d")

is hereby repealed.



PART NINE



Amendment of the Act on health services



Article. (IX)



In section 65 paragraph 1. 2 (a). f) of Act No. 372/2007 Coll., on health services

and the conditions governing their provision (law on health services)

the words "assistance in material need and accident insurance" shall be replaced by

"and assistance in material need.



PART TEN



Amendment of the Act on specific health services



Article. X



In § 49 paragraph 1. 3 of the law No 373/2007 Coll., on the specific health

services, the words ", benefits for persons with disabilities and


accident insurance "are replaced by the words" and benefits for persons with

disabilities ".



PART ELEVEN



Amendment of the Act on the establishment of ministries and other central bodies of the State

administration of the Czech Republic



Article. XI



In § 28 of Act No. 2/1969 Coll., on establishment of ministries and other

Central Government authorities of the Czech Republic, as amended by Act No.

272/1996 Coll., on the end of the following sentence "the Government can as its Advisory

the Authority also set up a Council of economic and social agreement; in her forehead

is the Prime Minister. "



PART TWELVE



The abolition of the law on accident insurance of employees and certain other

the laws of the



Article. (XII)



Shall be repealed:



1. Law No. 266/2006 Coll., on accident insurance for employees.



2. Law No 267/2006 Coll., amending the laws relating to the adoption of the

the law on accident insurance for employees.



3. Act No. 218/2007 Coll., amending Act No. 266/2006 Coll., on

casualty insurance, law No 267/2006 Coll., on the amendment of laws

related to the adoption of the law on accident insurance of the employees, the law

No 264/2006 Coll., amending certain laws in connection with the adoption of the

the labour code, as amended by Act No. 585/2006 Coll., Act No. 110/2006 Coll.

about life and the subsistence minimum Act No. 218/2000 Coll., on the budget

rules and amending certain related laws (budget

the rules), as amended, and Act No 155/1995 Coll., on

Pension Insurance Act, as amended.



4. Part of the twenty-fourth of Act No. 41/2009, Coll., amending certain acts

in connection with the adoption of the criminal code.



5. Part nine of law No 158/2009 Coll., amending Act No. 458/2000

Coll., on conditions for business and the public administration in energy

sectors and on amendments to certain acts (the Energy Act), as amended by

amended, and on amendments to certain laws.



6. Part of the first to fourth and sixth to Act No. 282/2009 Coll., amending

Law No. 266/2006 Coll., on insurance of the employees, as amended by

amended, and other related laws.



7. Part six of Act No. 303/2009 Coll., amending certain laws in the

the adoption of the Statute for members of the European Parliament.



8. Part of the thirty-second Act No. 73/2007 Coll., on the Czech Labour Office

Republic and amending related laws.



9. Part of the one hundred fifth and sixth law No 375/2007 Coll., amending

Some laws in connection with the adoption of the law on health services,

specific health services act and the Act on health care

emergency service.



10. Part of the thirty-seventh of the Act No. 167/2012 Coll., amending Act No.

499/2004 Coll. on Archives and records service and amending certain

laws, as amended, Act No 227/2000 Coll., on the

electronic signature and amending some other acts (the Act on

electronic signature), as amended, and other

related acts.



11. Part XII of the Act No. 401/2012 Coll., amending Act No.

359/1999 Coll. on social and legal protection of children, as amended

regulations, and other related laws.



12. Law No. 463/2012 Coll., amending Act No. 266/2006 Coll., on

casualty insurance, as amended, and other

related acts.



13. Part of the first, second, fifth and seventh Act No. 182/2014 Coll., which

amended by law No. 266/2006 Coll., on insurance of the employees, as amended by

amended, and other related laws.



PART THIRTEEN



The EFFECTIVENESS of the



Article. XIII



This Act shall take effect on the first day of the second calendar month after

its publication.



in from Arvind v. r..



Zeman in r.



Sobotka in r.