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Adjustment Of Compensation For Loss Of Earnings After The Prac. The Inability Of The

Original Language Title: úprava náhrady za ztrátu na výdělku po skončení prac. neschopnosti

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298/1996 Coll.



GOVERNMENT REGULATION



of 27 June. November 1996



on the adjustment of compensation for loss of earnings after the incapacity

resulting from an accident at work or occupational diseases and on the adjustment of compensation for

loss of earnings after the termination of incapacity for work or disability

(adjustment of compensation for loss of earnings)



The Government directs pursuant to § 202 paragraph. 2 of the Labour Code No. 65/1965 Coll., as

amended by Act of the Czech National Council No. 37/1993 Coll. and section 447 paragraph 2. 3

of the civil code:



PART THE FIRST



Adjustment of compensation for loss of earnings after the incapacity

resulting from an accident at work or occupational diseases under labour law

the laws of the



§ 1



(1) compensation for loss of earnings after the sick leave

resulting from an accident at work or an occupational disease (hereinafter referred to as "compensation for

loss of earnings ") granted to employees under the labour code,

where appropriate, in accordance with the provisions of ^ 1) 1. in January 1993, regulates the

so that the average net earnings determined for the calculation of compensation for

loss of earnings or increased under labour legislation ^ 2)

(hereinafter referred to as "average net earnings") increased by 15%, with a minimum of 620

EUR, if the paragraphs 2 and 3 does not provide otherwise.



(2) the average net earnings referred to in paragraph 1 only to the amount increases 22

800,-CZK.



(3) the increase referred to in paragraph 1 shall not apply, if the average net earnings

higher than Czk 22 800.



§ 2



(1) compensation for loss of earnings payable to employees under

the labour code, after 31 December 2006. December 1992 is adjusted so that the average

decisive for the calculation of the gross earnings of compensation for loss of earnings,

or increased according to the labour legislation ^ 3) (hereinafter referred to as

"average gross earnings") increased by 15%, but not less than about $ 750, if

in paragraphs 2 to 4 and in section 3, paragraph 3. 1 otherwise.



(2) where a claim for compensation for loss of earnings after 31 December 2006. December

in 1995, average gross earnings increased by 3%, but not less than about 150 CZK

If the paragraphs 3 and 4 and in section 3, paragraph 3. 1 otherwise.



(3) average gross earnings, pursuant to paragraphs 1 and 2 only increases the

the amount of $ 27 360.



(4) the increase referred to in paragraphs 1 and 2 shall not apply if the average gross

earnings greater than the 27 360 CZK.



§ 3



(1) where a claim for compensation for loss of earnings after 30. June 1996,

average gross earnings according to § 2 (2). 2 does not increase.



(2) the adjustment referred to in paragraph 1 and 2 shall be made without the request of the employee; at the request of

the employee shall be carried out in cases where the pay for loss of earnings

nepříslušela only due to the increase of the invalidity or partial

invalidity pension under the regulations on social security.



(3) the adjustment in accordance with § 1 (1). 1 and § 2 (2). 1 and 2 shall be carried out at the request of

employees and in cases in which compensation for loss of earnings

nepříslušela, because it did not allow the provisions of § 195 para. 2 code

work force prior to 1. June 1994.



PART TWO



Adjustment of compensation for loss of earnings after the incapacity

or in respect of invalidity under civil law



§ 4



Compensation for loss of earnings after the incapacity or

^ 4) invalidity (hereinafter referred to as ' the compensation ') shall be adjusted so that the average

earning the decisive for calculating the refund, where applicable, increased by

earlier regulations ^ 5) increases by 3%. The adjustment of the refund in accordance with sentences

the first does not, where a claim for compensation after 30. June 1996.



PART THREE



Common provisions



§ 5



For compensation for loss of earnings, even after the adjustment made under section 1

paragraph. 1 and for compensation even after the adjustment made under section 4 shall apply. In

Act No. 160/1993 Coll., amending and supplementing Act of the Czech national

Council No. 589/1992 Coll., on social security and the contribution of the

the State employment policy, as amended by the Act of the Czech National Council.

10/1993 Coll., and some other laws.



§ 6



Compensation for loss of earnings and compensation adjusted in accordance with this regulation

It is for the 1. December 1996.



§ 7



This Regulation shall enter into force on the date of publication.



Prime Minister:



Prof. Ing. Klaus CSc. v. r.



The Minister of labour and Social Affairs:



Ing. Lotion in r.



Minister of Justice:



JUDr. Kalvoda v. r.



1) § 193 and 195 of the labour code.



§ 112 of law No. 99/1948 Coll., on national insurance.



section 6 of Act No. 57/1956 Coll. on compensation for accidents at work and

reimbursement of medical care and health insurance benefits and

retirement security.



§ 7 and 31 of Act No. 150/1961 Coll. on compensation for accidents at work and

occupational diseases.



section 8 of Act No. 30/1965 Coll. on compensation of work-related accidents and diseases

the profession.



2) of Decree-Law No 138 of CZECHOSLOVAKIA/1976 Coll., on regulation of certain compensation for

loss of earnings after the incapacity resulting from work

accident or occupational disease.



Regulation of the Government of the CZECHOSLOVAK SOCIALIST REPUBLIC No. 60/1982 Coll., on regulation of certain compensation for loss

earnings after the incapacity for work resulting from an accident at work

or occupational diseases.



Act No. 297/1991 Coll., on the adjustment of compensation for loss of earnings after

termination of incapacity for work resulting from an accident at work or occupational disease

the profession.



Government Regulation No. 191/1993 Coll., on the adjustment of compensation for loss of earnings

After the termination of incapacity for work resulting from an accident at work or from a disease

of the profession.



Government Regulation No. 266/1994 Coll., on the adjustment of compensation for loss of earnings

After the termination of incapacity for work resulting from an accident at work or from a disease

of the profession.



Government Regulation No. 291/1995 Coll., on the adjustment of compensation for loss of earnings

After the termination of incapacity for work resulting from an accident at work or from a disease

of the profession.



3) Government Regulation No. 266/1994 Coll.



Government Regulation No. 291/1995 Sb.



4) § 447 of the civil code.



5) Government regulation of the CSFR no 128/1992 Coll., on the adjustment of compensation for loss

earnings after the incapacity or disability.



Government Regulation No. 50/1994 Coll., on the adjustment of compensation for loss of earnings after

termination of incapacity for work or disability.



Government Regulation No. 318/1995 Coll., on the adjustment of compensation for loss of earnings

After the termination of incapacity for work or disability.