215/1949 Sb.
DECREE
Minister of Foreign Affairs
of 11 December 1997. August 1949
of the Convention on social security with the additional agreement, a special and
The final Protocol between the Republic of Czechoslovakia and the Republic of
French, signed in Paris on 12. October 1948.
Change: 68/1970 Coll. (part)
68/1970: Sb.
Between the Republic of the Republic of Czechoslovakia and the French was in Paris
on 12 June 2006. October 1948, negotiated the Convention on social security with Additional
the agreement, a special and the final Protocol. Convention with Additional
the agreement, a special and the final Protocol has been ratified by
President of the Republic on 15. February 1949.
The instruments of ratification were exchanged in Prague on 17. June 1949. According to the
Article 33 acquired the Convention with Additional agreement, Special and
The final Protocol of the effectiveness of the first day of the month that followed
the exchange of instruments of ratification, t. j. on 1 May 2004. July 1949.
The text of this Convention, the supplementary agreement, the special and the final Protocol
shall be published in an annex to the statute book. ^ 1)
Dr. Clementis v r.
17 May. October 1967 in Paris were signed
The Supplementary Convention to the General Convention on social security between the
Czechoslovakia and France from 12. October 1948
The add-in to the additional agreement to the General Convention of 12 April 2005. October 1948
between Czechoslovakia and France on social security,
The addition of the supplementary Protocol under French law of 30. June
1956, as amended, and
Protocol on the system of social insurance that will be used to
the Czechoslovak students in France and French students in
Czechoslovakia.
The Supplementary Convention and the add-in to the additional agreement in accordance with its articles 12 and 6
entered into force on 1 January 2000. February 1970. The supplementary Protocol addition
and the Protocol on the system of social insurance under the provisions of its point
4 and article 3 on 1 January 2000. December 1969.
The Czech text of the contractual documents shall be designated at the same time.
Secretary: Ing. Marko v.r.
THE GENERAL CONVENTION
about social security between Czechoslovakia and France.
On behalf of the Czechoslovak Republic.
On behalf of the Czechoslovak Republic and the Republic of France has been negotiated
This Convention with an additional agreement, the special and the final Protocol:
(Translation.)
THE GENERAL CONVENTION
about social security between Czechoslovakia
and France.
The PRESIDENT of the
THE CZECHOSLOVAK REPUBLIC
and
The PRESIDENT of the
THE FRENCH REPUBLIC
guided by the wishes of the zaručiti law on social benefits
security that are in effect in both Contracting States, persons
subject to the legal provisions in force or such, they decided to uzavříti
Convention and the name of its agent for that purpose, and it:
The President of the Czechoslovak Republic
Mr. Dr. Vladimir Deputy Foreign Minister,
Minister of Foreign Affairs;
Mr. Dr. Adolf Hoffmeister,
Czechoslovak Ambassador in France;
President of the French Republic
Mr. Robert Schuman,
Minister of Foreign Affairs;
Mr. Daniel Mayer,
Minister of labor and social security,
who, vyměnivše his full power and shledavše is in good and due form,
They agreed on the following provisions:
PART I.
The General principles.
Article 1
§ 1
Czech or French nationals are subject to
the relevant legal provisions on social security, as referred to in
Article 2 of this Convention and applicable in the UK or France, and
they enjoy their benefits under the same conditions as nationals of the
each of these States, provided that they demonstrate their State
the jurisdiction conferred by the legislation of each of the Contracting States.
§ 2
and Czech or French) nationals who leave
Czechoslovakia, where they were subject to compulsory insurance, to
France, and do not satisfy the conditions laid down here to the insurance obligation
may voluntarily continue the insurance under the same conditions and of the
the same time limit as the insured person whose insurance obligation in France
ceased to exist.
(b)) in the Czechoslovak or French nationals who
leave France, where subject to compulsory insurance, that moved into
Czechoslovakia, and do not meet the conditions laid down for the insurance here
obligation, it will be considered a serious reason resettlement interruption
employment in assessing the question of the preservation of entitlements under the conditions
laid down by Czechoslovak legislation.
Article 2
§ 1
Legal regulations of social security covered by this
The Convention as they relate to workers in an employment relationship and working them
on a par with ranking are:
1. in Czechoslovakia:
in the period from 1. January 1957 to 30. June 1964
and) the legislation on social security staff and security
pensioners in disease;
(b)) the legislation on sickness insurance of employees (up to 30 March
1964);
(c)) the legislation on sickness and pension insurance members
uniform agricultural cooperatives, on pension insurance individually
Managing farmers and other self-employed persons;
(d)) the legislation on health insurance and retirement security
members of production cooperatives;
e) legislation on the single preventive and curative care;
f) legislation concerning allowances for children.
In the period after 30 June. June 1964:
and legislation on pension) personnel security in the
proportion and workers assimilated and retirement security
in sickness;
(b)) the legislation on sickness insurance of employees, including the new
modifications made to the maternity provisions to increase care for
pregnant women and mothers (from 1 April 1964);
(c)) the legislation on health insurance of members of production cooperatives;
(d)) the legislation on pension security, security in illness and
mother and child security cooperative of peasants;
e) legislation on pension insurance individually managing
farmers and other self-employed persons;
(f) legislation on the single) preventive and curative care;
g) legislation concerning allowances for children.
Where, in the provisions of this Convention, talking about sickness benefits in kind
insurance, this means in Czechoslovakia also preventive and curative
care.
2. in France:
and general legislation on work organization) social security;
(b)) general legislation on social insurance people in non-agricultural
occupations, providing insurance sickness, invalidity, old age,
survivors and, in case of maternity;
c) legislation on social insurance of employees and persons assimilated to them
built in agricultural occupations, including the same risks and costs;
d) legislation on family allowances;
e) legislation and prevent against accidents for compensation of occupational accidents and
occupational diseases;
(f) special social security system), as they relate to risik or
benefits of indoor zákonodárstvími, referred to in the previous paragraphs, and
in particular, the system of social security for workers in the mines.
§ 2
This Convention will be vztahovati to any legislative or
regulatory acts that changed or supplement, or which will amend or
supplement the statutory provisions listed in paragraph 1 of this article.
However, vztahovati will be:
and the acts of the legislature or) regulatory, concerning the new sector
social security only if there is between the Contracting States to this
the purpose of the agreement;
(b) the acts of the legislature or) regulatory system, which will extend the valid
the new group of foreigners who were granted only if it is not in the direction of the opposition
účastněného State Government, notified the Government of the other State within the period
three months after the official publication of these acts.
Article 3
§ 1
Czech or French nationals, employed in one
of the States parties, subject to the law, in force in the place of their
employment. If you have not exercised employment, are subject to the legislation
valid in the place of their residence.
§ 2
Of the principles referred to in paragraph 1 of this article with the following exceptions:
and Employees or persons) to assimilated, such unlawfully employed in another
State other than his State of residence by an undertaking which is in a State of
residence of the race, which normally govern territorial jurisdiction to
insurance, remain subject to the applicable legislation in the country of their
the standing of the working place, if their employment in the territory of the other
the State shall not exceed a period of 12 months; If this job
the fossils of unforeseeable reasons over time originally envisaged
and it took longer than 12 months, it will be possible to use the exceptionally
legislation applicable in the country of a permanent job, if with
the consent of the competent authorities for the occasional job.
(b)) to the employee or person assimilated to them in public or
private transport enterprises of one of the Contracting States,
such unlawfully employed in the other Contracting State either temporarily or as a
out-patient staff, subject to the provisions of applicable only in the State in
which the undertaking has its registered office;
(c) employees or persons) to assimilated in official administrative
service, seconded from one Contracting State to another, subject to the
the provisions in force in the State from which they are posted.
§ 3
The Supreme Administrative authorities of the Contracting States may by mutual agreement
plays, the exceptions to the provisions of paragraph 1 of this article. It is also
may dohodnouti that the provisions on exceptions, which has in mind
section 2 does not apply in certain specific cases.
Article 4
The provisions of paragraph 1, article 3 applies to employees or persons
the Department, whether there are any nationality, employed
in diplomatic or konsulárních services of Czechoslovak or
the French, or that are in the personal service of officials of the
representative places.
But:
1. from the application of this article shall exempt diplomatic and consular
officials from the profession, including the officials of the Office;
2. the staff of, or persons assimilated to them who have State
the jurisdiction of the State diplomatic or konsulárním place and
they are not definitively appointed in the State in which they are employed, may
voliti between the use of the legislation of the State where they work, and between
by applying the legislation of the State of which they are nationals.
PART II.
Special provisions.
Section 1.
Insurance for sickness, maternity, and death.
Article 5
Employees and persons assimilated to them, moving from France to the who
Czechoslovakia or vice versa, as well as their family members, who with
them live in a common household in the State of new work places
they are entitled to health insurance benefits to this State if:
1. were recognised able to work when their latest arrival on the territory of
of that State;
2. social insurance after your last arrival in the territory of the new
the State of employment;
3. meet the conditions prescribed by the law of that State with
taking into account, where necessary, of insurance periods or periods of
the replacement, completed under the legislation of the second Member State.
Periods of insurance or replacement gained at one and the other State,
However, tallied only in that case, if has not expired since the end of the period of insurance
in the second State in the beginning of the period of insurance in the territory of the State of new
residence time is longer period of six weeks.
Article 6
Czech or French nationals moving out of
in one Contracting State to another, as well as their family members permissions
the family, who live in a common household in the State of new
the work place, are entitled to benefits from unemployment insurance maternity benefits
in this State, if:
1. carry out in that State the activity of establishing an insurance obligation;
2. comply with the conditions prescribed for the enjoyment of the benefits of the activities of
the State of their new job, taking into account the time of insurance in
State that are leaving, and to the later time of insurance in the State of their
a new job.
Article 7
Czech or French nationals moving out of
in one Contracting State to another, they will have the right to benefits in the case of
death on the basis of the legislation of the Czechoslovak or French,
According to the State's new job, if:
1. carry out in that State the activity of establishing an insurance obligation;
2. comply with the conditions prescribed for the enjoyment of the benefits of the activities of
the State of their new job, taking into account of insurance periods
completed gradually in both of these States.
Article 8
(1) persons who have been meted out a pension under this Convention on the
the basis of the sum of the periods of insurance, are entitled to benefits in kind insurance for
sickness and maternity benefits, provided that they satisfy the conditions laid down
the activities of the State in which they live; the costs of these benefits are paid by the holders of
social security of the State in which the person lives.
(2) persons who have been meted out a pension under the legislation of one
State and that he lives on the territory of the other State, shall be entitled to benefits in kind
sickness and maternity benefits under the conditions laid down
the legislation of the State of residence and the institutions of this account
State.
Article 8a
Pensioners above referred to in article 8 are eligible for grants if they meet the
the conditions laid down by the legislation of the State of residence; These benefits
shall be chargeable to the institution of social security of the State of their residence.
Section 2.
Disability insurance.
Article 9
§ 1
The Czechoslovakian or the French nationals, who were
insured successively or alternately in both Contracting States in one or
more systems of the invalidity insurance, add up the periods of insurance,
acquired in these systems or recognised
in these systems as equivalent to insurance periods, provided that the
these times do not coincide, both for entitlement to benefits in cash or in kind, as
and for the conservation or recovery of this right.
§ 2
Cash benefits are assessed under the invalidity insurance legislation
the legislation, which applied to the insured person at the time of the interruption
employment, followed by disability, and provides the recipient of
jurisdiction under this legislation.
§ 3
However, if at the time of interruption of employment, followed by
disability, the insured was not disabled, formerly in the system of disability
insurance in the other State, subject to social insurance for at least one
year, counting from the last arrival at the territory of the State where the
interruption of work, receives from the respective insurance the second bearer
State cash sickness benefits under the legislation of that State, if the
meets their terms and conditions with regard to the sum of the periods of insurance. This
provisions shall not apply, if the disability occurred as a result of the accident.
Article 10
If, after the cessation of a disability pension becomes an insured person again
a new batch will be entitled to provide the recipient of the pension
originally granted.
If, after the withdrawal of the invalidity pension the insured person's condition warrants
Returns a new disability pension is paid under this
the above provisions of article 9.
Article 11
The invalidity pension is converted-if necessary-in the old-age pension
at a time when they will be subject to the conditions prescribed by law
one of the two States involved in the payment of the retirement pension. In
this case, the provisions of section 3.
Article 12
The Supreme Administrative authorities of the Contracting States shall by mutual agreement settle the mode
medical and administrative checks.
Section 3.
Old-age and survivors insurance (pensions).
Article 13
§ 1
The Czechoslovakian or French nationals
who have been insured successively or alternately in both Contracting States in
one or more systems of old-age insurance or insurance
survivors (pensions), summed with the periods of insurance completed in these
systems or time, recognised by those systems as equivalent to periods of
insurance-provided that these periods do not coincide-and how to get
the right to benefits, as well as for the preservation or recovery of this right.
§ 2
Where the legislation of one of the Contracting States shall provide for the granting of
certain beneficiary of benefits, the condition that the times obtained in the profession,
subject to the special insurance contribution system, shall be for the granting of these
only time, benefits obtained in the special system or in
Special systems of the other State. If in one of the Contracting
States not for it profession special system, however, the period shall be
of insurance completed in that occupation in one of the systems listed in
paragraph 1 of this article.
§ 3
Benefits covered by the insured person may apply in each of the participating
the French and Czechoslovak wearers, so, in principle,
that the amount of benefits to which the insured person would have been entitled if the sum of the times
referred to in paragraph 1 of this article the competent Czechoslovak obtained in
or the French system, with decreases in proportion to the length of the periods completed in
This system.
§ 4
Administrative arrangements lays down the conditions for the application of minimum pensions
According to the law of both States, in terms of pensions awarded under the
This article.
Article 14
If the insured person does not meet when the counting periods referred to in paragraph 1 of article
13 at the same time the conditions prescribed law of both States, is entitled to
pension in any legislation in so far as these conditions are met.
Section 4.
Provisions common to the invalidity and old-age insurance and insurance
survivors (pensions).
Article 15
Where the legislation of one of the Contracting States bound award
certain benefits on the condition of residence, such benefits cannot be odpírati
Czechoslovak or French nationals living in the
one of the two Contracting States.
Article 16
When you use the paragrafům 3 and 4 of article 13 shall take into account only the periods
insurance valid in the system, in which they were obtained, and whose length is
at least one year as in Czechoslovakia, in France.
Article 17
Where, pursuant to the legislation of one of the States, the benefits shall be calculated on the
the basis of the average earnings over the entire period of insurance or for a part of this
period, the average earnings used as the basis for the calculation of benefits
covered by this agreement between the highest State administrative authorities
of the Contracting States, except when part of the time, decisive for the determination of
average earnings was obtained entirely in the system of this State.
Article 18
Let the residence authorized in Czechoslovakia or in France, the
the pension paid under the legislation of the folder of one of the two States,
as regards the provisions on the amount of earnings, and about the competition with
earnings, law, according to which a pension calculated on these folders.
It shall be disregarded for the folders of pensions provided under System
the second law.
Details on the implementation of this article shall be laid down governing the agreement.
Section 5.
Accidents at work and occupational diseases.
Article 19
Against nationals of one of the Contracting States cannot use the
the provisions contained in the legislation of the second Member State, relating to the
accidents at work and occupational diseases and reduce claims aliens or is
cancelled as a result of their residence.
Article 19a
To determine the degree of incapacity in the case of succession
the following accidents at work, your previous accidents at work, which
compensation falls or fell under the statutory regulations of the other Contracting
State, assessed in the same way as injuries according to the legal regulations,
fixing corrupted is subject.
Article 20
Increases or allowances provided to pensions for accidents at work
According to the legislation in force in each of the two Contracting States provide
continue to the persons for whom it is article 19, which translates the residents of
one State to another.
Article 21
If an employee who has received compensation for occupational disease
in one of the Contracting States, the exercise for the disease of the same species
claims for compensation with the perspective of legislation of his new work
space in the second State, the second Member State to the competent hlásiti holders
benefits and family allowances, which before it has received for the same disease.
Holder providing the new benefits and family allowances will take into account the benefits earlier,
as if is was provided by himself.
PART III.
General and miscellaneous provisions.
Section 1.
Mutual administrative assistance.
Article 22
Authorities as well as the holders of social security both of the Contracting States
provide services and assistance to each other in the same way, as if they were
implementing their own systems of social security.
Article 23
§ 1
Benefits of exemption from registration fees, Office,
kolkových and konsulárních according to the legislation of one of the Contracting States
valid for Charter, which shall be submitted to the administrative authorities or to the holders of
social security of the State, extending it to a similar instrument,
that will be presented in the implementation of this Convention by the administrative authorities or
holders of social security of the second State.
§ 2
All writings, documents and papers that will be presented in the implementation
This Convention shall be exempt from visa and diplomatic legalisačního
konsulárních authorities.
Article 24
Communication addressed to the participants in the implementation of this Convention, of its benefits
holders, authorities and the courts of one Contracting State competent in
the field of social security, be drawn up in an official speech of one or
the second Member State.
Article 25
The appeal, which is to administer the Office within the time limit or the wearer
of one of the Contracting States, the competent appeal into the in-scope
social security, shall be deemed duly given when made in the
the same time with the competent authority, or the bearer of the other State. In that
the case is the last holder of that Office or obliged to appeal
immediately to the relevant location.
Article 26
§ 1
The Supreme Administrative authorities of the Contracting States shall issue detailed guidelines for the
the implementation of this Convention or of the subsidiary agreements, which this Convention
predicts, if they require mutual agreement.
The same administrative authorities shall communicate in due time the changes that occur in the legislation
or the administrative measures of their States, if these changes and this
measures will be týkati systems listed in article 2.
§ 2
The competent authorities or the Office of each of the Contracting States shall communicate
other measures that will be taken in the implementation of this Convention in
their State.
Article 27
The highest administrative authorities within the meaning of this Convention shall in each of the
the Contracting States shall consider the Ministers-each if its concerns to
whose competences include system referred to in article 2.
Section 2.
Miscellaneous provisions.
Article 28
Required to the payer of social security benefits under this Convention shall relieve your
the payment of the obligation in the currency of their country. Transfers of sums corresponding to the
identify the benefits of the one and the other side shall be carried out in accordance with the provisions of the
Payment valid at the time of the transfer agreement between the Contracting States. Course
the conversion is determined by the official parity of the two currencies.
In the case that would have been in one or the other of the Contracting States released
provisions that would restrict the devisový trade, will be taken after agreement
between the two Governments, immediate action to ensure that transfers of amounts
due to the one and the other party according to the provisions of this Convention.
Article 29
This Convention shall not affect the provisions of the systems referred to in article 2 of
the conditions of participation of insured persons in the elections, which are held in the implementation
social security.
Article 30
The formalities that require legal or implementing provisions of one of the
of the Contracting States for the provision of benefits holders of social security
outside of their national territory, shall apply under the same conditions as for State
the members of such persons, who provide these benefits on the basis of this
of the Convention.
Article 31
The measures necessary for the implementation of this Convention, as regards the various types of
social security in the systems referred to in article 2, shall be subject to
one or more additional agreements. These agreements will be able to either týkati
the entire territory of the Contracting States, or just a part of this territory.
The supplementary agreement, which occur on the basis of the provisions of this Convention,
in particular, the proportions of employees in adjusts the mines.
Article 32
§ 1
All the difficulties in the implementation of this Convention will be removed by mutual
by agreement of the Supreme Administrative authorities of Contracting States.
§ 2
If it could not be as follows dospěti, urovnati to the solution of the dispute
arbitration agreement, both Governments organisovaným. The arbitration body is
shall decide the dispute in accordance with the basic principles and in the spirit of this Convention.
Article 33
§ 1
This Convention shall be ratified and the instruments of ratification shall be exchanged in
Prague as soon as possible.
§ 2
The Convention shall enter into force on the first day of the month that will follow after
the exchange of instruments of ratification.
§ 3
The days when enter into force of the supplementary agreement, which has in mind article
31, will be laid down in those agreements.
§ 4
Benefits, the provision of which was stopped by the use of the provisions of the applicable
in one of the Contracting States so that a legitimate resident abroad,
will be provided from the first day of the month following the date on which the
This Convention enters into force. Benefits for the same reason they could not be
participating will be assessed and granted, provided starting with the same date.
This section shall apply only if they are submitted within the time limit
one year after the date on which this Convention becomes effective.
§ 5
The supplementary agreement, which is referring to article 31, shall determine the conditions and the method of
review of claims previously assessed as well as the claims, which have been restored
assessed in accordance with the preceding paragraph or in order to make their
the assessment of compliance with the provisions of this Convention or of the said
agreements. If the claims have been assessed previously settled their kapitalisovanou
value, there is no reason to the revisi.
Article 34
§ 1
This Convention is concluded for a period of one year. Will be tacitly renewed year
Since, in the absence of its notice is given that it has to been able to 3 months
before the expiry of the time limit.
§ 2
In the case of notice of termination shall remain the provisions of this Convention and supplementary agreements
that is referring to article 31, in effect for claims received, regardless of
the relief provisions, which would include the participating systems for
case pojištěncova stay abroad.
§ 3
As regards the amount of the insurance periods completed before the date on which this
the expiry of the Convention, the provisions of this Convention shall remain in force
under the conditions that will have to be plays, the subsidiary agreements.
Article 35
The date on which this Convention enters into force, repeals all provisions
contrary to it, in particular:
1. Article 3 of the Convention between Czechoslovakia and France on emigration and
immigration of 20 December. March 1920
2. the interim Convention on social security between Czechoslovakia and
France from 7 September. in May 1945.
On the confirmation of the respective agents have signed this Convention and connected the
its seal.
Done in duplicate at Paris, 20 March 2000. March 1920.
Dr. v. CLEMENTIS v. r. L. S.
Dr. AD. HOFFMEISTER in r. L. S.
SCHUMAN v. r. L. S.
DANIEL MAYER v. r. L. S.
SUPPLEMENTARY AGREEMENT
to the General Convention of 12 April 2005. October 1948
between Czechoslovakia and France on social security.
The social security system applicable to staff
in the mines and in the races assimilated.
PART I.
General provisions.
Article 1
This agreement governs the regulations applicable to Czechoslovak or
the French nationals, who work or have worked in the mines
or in businesses assimilated in one or the other State,
as well as for their eligible family members.
Article 2
The staff, which has in mind article 1, and to their authorized
family members are subject to the provisions of the General Convention of 12. October
1948 except for sections 2 and 3 of part II, relating to insurance for
the case of old age, invalidity and death (pensions).
PART II.
Insurance against old age, invalidity and death (pensions).
SECTION I.
Common provisions.
Article 3
§ 1
For staff members, who were successively or alternately employed in mines in
one or the other of the Contracting States, shall be aggregated with the period of work in the mines in
one or the other State and the period recognised in accordance with the legislation of each of the
both States for the equivalent periods of this work, both for entitlement to benefits
insurance against old age, invalidity and death (pensions), and
the preservation or recovery of this right.
§ 2
Periods of work that are considered work under the ground according to the current legislation of
employees at the mines in one of the Contracting States shall be considered as periods of
work under the ground with the perspective of legislation of the other State.
Article 4
Each time recognised as equivalent to the period of insurance under the legislation
legislation of one and the second State shall take into account only the bearer of the State
where the insured person has worked at the mine for the last time before the time by which it comes.
If the insured person worked in a mine before this time, takes account of this
the only time the holder in the State in which the employee has worked in the mines
for the first time.
Article 5
Each recipient shall decide according to its own legislation, and taking into consideration the
the aggregate of the periods of insurance, regardless of in which Contracting States were
obtained, whether the insured person meets the conditions necessary to qualify
on the benefit under this legislation.
The recipient of the fixed the amount of the cash benefits to which the insured person
He had a claim if all the insurance periods in total were acquired solely
According to its own legislation, and reduces that amount in proportion to the length
periods completed under this legislation.
The wearer will accrue, however, shall be payable by any batch, if the periods completed
According to the legislation in force do not reach for it on the whole one year;
This minimum period of one year shall be counted as days of actual
the performance of the work, so the days of this law on a par with built
the actual performance of the work.
Administrative arrangements lays down the details of the use of the legal provisions of both
States on minimum pensions to pensions, imposed under this
article.
Article 6
If, after adding together of periods of insurance the insured person does not meet at the same time
conditions required by the zákonodárstvími of the two States, is entitled to
any legislation in so far as it meets these conditions.
Article 7
If a group of employees is subject to special legislation
employees at the mines only in one of the Contracting States shall take into account
the recipient of insurance in each of the two States to the total time
insurance, acquired in this group in Czechoslovakia and France.
Any holder of article 3 to 6 shall apply for the calculation of benefits that it provides.
SECTION II.
Old-age insurance.
Article 8
Extra stock and kumulovatelný post on behalf of France, the
They shall be calculated pursuant to the provisions of articles 3 to 5 of section I of this part so that the
account shall be taken of periods of work in both States as under the Earth and on the surface in the
proportion to the number of years spent in the mines in France.
The special allowance and allowance shall only provide kumulovatelný to persons
that work in the French mines.
SECTION III.
Disability insurance.
Article 9
For entitlement to an invalidity pension is the period during which the
the participant belongs to the sickness to be provided under the regulation on health
insurance before the assessment of its income, has always provided for the legal
legislation of the State in which he worked at a time when there is a break
employment, followed by disability.
Article 10
Pension for invalidity benefits, established by mining for workers in mines, can be
admit only to insurance policy holders, who worked in the mines at a time when there has been a
the interruption of employment, followed by disability and who, up to the
the assessment of this pension had their residence in the State compulsory to provide
the dose.
The pension shall cease to provide seniors, which begins to work again
outside the territory of that State.
Article 11
If the insured person does not satisfy the conditions laid down for the granting of a disability
income in any of the legislation of both States about working in mines,
It shall apply the provisions of article 9 of the General Convention.
Article 12
He was a participant in a time when there was an interruption of employment, after which
This was followed by disability, employed in a State other than the State in which the
its seat holder required to provide benefits, shall take into account when determining the
invalidity pension to earnings of the workers that
groups of occupations, which at that time belonged to the participant, in the State in which the
its seat holder required to provide benefits.
Article 13
The Supreme Administrative authorities of both Contracting States shall lay down by mutual agreement
the way medical and administrative checks.
Article 14
If, after stopping payment of a disability pension to an insured
the new claim, restores the payment recipient, who was required to provide the
pension granted originally.
If, after stopping the payment of invalidity pension pojištěncův status will be
justify the granting of a new disability pension, the amount of this new
pension under the provisions of article 9 of supplementary agreement.
The provisions of this article shall not apply to pensions in respect of invalidity of the profession.
Article 15
The invalidity pension is converted, if necessary, in the old-age pension at the
When the conditions are met, the prescribed law of one of the
both States involved in the payment of the retirement pension.
SECTION IV.
Insurance in case of death (pensions).
Article 16
The provisions of articles 3 to 7 apply to different types of widows ' pensions.
Article 17
Derogation from the provisions of article 5 of this agreement provides orphans ' benefits
exclusively the holder in the State in which the insured person last worked in
the mines.
SECTION V.
Allowance for children.
Article 18
Derogation from the provisions of article 5 shall be provided allowances for children under the
Special French legislation for employees in mines for
the terms of this legislation, old-age poživatelům
pensions or their widows.
SECTION VI.
Allocation of coal and příbytečné.
Article 19
For the provision of rations of coal and příbytečného or allowances in their place
provided they agree the Supreme Administrative authorities of both States.
SECTION VII.
Miscellaneous provisions.
Article 20
§ 1
Claim to cash benefits under the provisions of this agreement must be filed
one of the holders, in respect of which the insured person insured.
§ 2
For all the holders referred to in paragraph 1, indicate the application date is the
arrival to one of these holders.
§ 3
Applications shall be attached to the documents and evidence of the Charter prescribed
zákonodárstvími the different insurance systems, in which the insured person
insured.
§ 4
Holders of insurance referred to in paragraph 1 and 2 shall be assimilated
all the authorities that in accordance with the legal provisions applicable to them are
be responsible for making such requests.
Article 21
Checkout the national autonomous mining social security in Paris and
The central national insurance company in Prague you will provide assistance and services in the
the implementation of this agreement and to this end will be in direct correspondence.
Article 22
This agreement shall be ratified and the instruments of ratification as soon as possible
replaced.
Effective the same date as the General Convention on social
safety.
Article 23
This agreement is concluded for a period of one year. Will be tacitly renewed year
Since, if not vypověděna one of the Governments of the notice to the other Government 3
months before the expiry of the deadline.
Done in duplicate at Paris on 12 April. October 1948.
Dr. v. CLEMENTIS v. r. L. S.
Dr. ADOLF HOFFMEISTER in r. L. S.
SCHUMAN v. r. L. S.
DANIEL MAYER v. r. L. S.
A SPECIAL PROTOCOL.
The High Contracting Parties have agreed on the following provisions:
and old employees) the addition under the conditions laid down for the
French workers by French legislation on waste
employees granted all the old Czechoslovak, employees who
they do not have sufficient income, if on the day of submission of the application will have at least
15 years continuous residence in France.
The addition of the old employees granted under the conditions laid down in this
the section will provide poživatelům Czechoslovak State
jurisdiction, who will leave the French territory;
(b) social pension) will be subject to the conditions of the Czechoslovak legislation
valid for Czechoslovak nationals granted to all
the French nationals, who on the day of submission of the application will be
have at least 15 years of continuous residence in Czechoslovakia.
Social pension granted under the conditions provided for in this section
stops will provide poživatelům of French nationality,
who leave Czechoslovakia.
These provisions shall take effect from the date on which will enter into force
the General Convention.
Done in duplicate at Paris on 12 April. October 1948.
Dr. v. CLEMENTIS v r.
Dr. ADOLF HOFFMEISTER in r.
SCHUMAN in r.
DANIEL MAYER in r.
THE FINAL PROTOCOL.
When you sign the General Convention on social security between the
Czechoslovakia and France agreed with the High Contracting Parties to this
statement:
1. for the idea and assessment of claims in insurance against old age,
disability or death (pensions) is recognised as equivalent periods
insurance periods according to time recognised by the internal legislation for them
each of the two Contracting States, with the exception of all the periods completed in
a third State with which it was negotiated, the Convention vzájemnostní;
2. family allowances in accordance with the applicable legislation in each of the
both of the Contracting States do not provide for persons employed in one of the
the Contracting States whose children reside in the other Contracting State or in a
the third State;
3. provision of benefits granted under the special legislation for
workers in the mines, the Czechoslovak nationals or their
eligible family members, who lived in France at the time of
the assessment of these benefits, which has been stopped from the date when they moved to
Czechoslovakia, will be restored starting from 1. June 1945.
Done in duplicate at Paris on 12 April. October 1948.
Dr. Vladimir CLEMENTIS v r.
ADOLF HOFFMEISTER in r.
SCHUMAN in r.
DANIEL MAYER in r.
PROZKOUMAVŠE THIS CONVENTION WITH THE SUPPLEMENTARY AGREEMENT, THE SPECIAL AND THE FINAL
WE ENDORSE THE PROTOCOL AND WE CONFIRM IT.
THE CONSCIENCE WE HAVE SIGNED THIS SHEET AND THE SEAL OF THE REPUBLIC
THE CZECHOSLOVAK PŘITISKNOUTI DALI.
PRAGUE CASTLE on 15 December. FEBRUARY ONE THOUSAND YEARS THE 40TH DEVÍTISTÉHO
The NINTH.
THE PRESIDENT OF THE REPUBLIC:
GOTTWALD in the r.
MINISTER OF FOREIGN AFFAIRS:
Dr. v. CLEMENTIS v r.
XIII. 1
PROTOCOL
on the supplementary addition according to French law
out of 30. June 1956
as amended
The Czechoslovak Government and the Government of the French,
Bearing in mind that the supplementary allowance, established in France, the law of
June 30, 1956, as amended, is a benefit that is provided without
the payment of any contributions of the participating persons persons old without
sufficient resources, and that this benefit is provided by the
Special regulations;
considering the amount of old-age benefits in Czechoslovakia shall be accorded
employees, French nationals;
considering that the law of 2. August 1957 expanded the provision of this
addition to those receiving the lifetime benefits, invalidity insurance;
They agreed on the following:
1. Czechoslovak nationals who are beneficiaries of the retirement
or invalidity pension under the French system for employees in
under the legal provisions referred to in article 2, section 1 section 1 General
the Convention of 12. October 1948, or law of the addition for the old
the employee referred to in the Protocol signed on the same day, are entitled to
an additional allowance under the conditions laid down for French State
members by law of 30. June 1956 as amended with regard to the
later legislation.
2. the supplementary allowance referred to in the preceding paragraph ceases to be
provided by the Czechoslovak nationals who are gonna be evicted from
the territory of metropolitan France.
3. in order to implement the provisions on income, contained in a law of 30.
June, 1956, as amended, shall provide the competent Czechoslovak authorities
the French institutions and offices that provide supplementary allowance,
their assistance with respect to:
and the conduct of investigations on income), that the applicant has in Czechoslovakia,
in particular, on the lifetime benefits provided by the Czechoslovak
the social security system, and as a result, all
the investigation and the findings under the conditions prescribed in this direction
Czechoslovak social security legislation;
(b) valuation of assets) in Czechoslovakia;
c) coercion, if necessary, people living in Czechoslovakia, which
applicants are required to provide the food for which it is.
An application made for that purpose by the French institutions and authorities will be
sent to the central authority designated by the Czechoslovak Government.
4. the Contracting Parties shall notify each other's approval of this Protocol in accordance with
their constitutional provisions; Protocol shall enter into force on the first day of the
month following the date of the last notification.
5. this Protocol is closed for a period of one year from the entry into force.
Will be tacitly renewed from year to year, unless terminated by three months
before the expiry of the time limit.
Done at Paris on 17. October 1967 in two copies, each in the language
the Czech and French languages, both texts being equally authentic.
For the Government of
The Czechoslovak Socialist Republic:
Dr. v. Pithart v.r.
For the Government of
The French Republic:
Gilbert de Chambrun v.r.
XIII. 2
PROTOCOL
about the system of social insurance that will be used
the Czechoslovak students in France and French students
in the Czechoslovak Socialist Republic
The Government of the Czechoslovak Socialist Republic and the
the Government of the French Republic
anxious about the cooperation in the cultural sector and to provide social
the protection of nationals of both States of students in the territory of the other State,
decided to take the following measures:
Article 1
The French system of social security for students, contained in the book
VI. section 1. The code of social security is applicable, under the same
conditions as to the students of the French also on the Czechoslovak students
studying in France, who are not in this country or the socially insured
nor are the family members of the insured person.
Article 2
Czechoslovakia's social security system is applicable, under the same
conditions as to the students of the Czechoslovak also to students of French
studying in the UK.
Article 3
The Contracting Parties shall notify each other that the constitutional measures have been met
necessary to this Protocol entered into force. The Protocol takes effect
the first day of the month following the date of the last notification.
Article 4
This Protocol is closed for a period of one year from the entry into force.
Will be tacitly renewed from year to year, unless terminated by three months
before the expiry of the time limit.
If this Protocol is denounced by its provisions remain in force
for the obtained claims regardless of the restrictive provisions which would have introduced
the social security system for a stay of the insured person in a foreign country.
Drawn up in Paris on 17. October 1967 in two copies, each in the
English and French languages, both texts being equally authentic.
For the Government of
The Czechoslovak Socialist Republic:
Dr. v. Pithart v.r.
For the Government of
The French Republic:
Gilbert de Chambrun v.r.
1) on page 343.