On The Agreement On Social Security Between The Czechoslovak Republic And France

Original Language Title: o Dohodě o sociální bezpečnosti mezi ČSR a Francií

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=21867&nr=215~2F1949~20Sb.&ft=txt

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.