The Contract Documents To The General Convention On Social Security

Original Language Title: o smluvních dokumentech k Všeobecné úmluvě o sociální bezpečnosti

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=31669&nr=68~2F1970~20Sb.&ft=txt

68/1970 Sb.



DECREE



Minister of Foreign Affairs



of 29 April 2004. May 1970



the contract documents to the General Convention on social security between the

Czechoslovakia and France of 12 July. October 1948



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.



Minister:



Ing. Marko v.r.



THE SUPPLEMENTARY CONVENTION



to the General Convention on social security between Czechoslovakia and

France from 12. October 1948



The Czechoslovak Government on one side;



The French Government on the other side;



have agreed upon the following amendments and additions to the General Convention on social

security, signed in Paris on 12 June 2006. October 1948:



Article 1



Article 1 General Convention cancels and replaces this provision:



"Article 1



§ 1



Czech or French nationals are subject to the relevant

legal regulations of social security referred to in article 2 of this

Convention and in force in Czechoslovakia and France, and enjoy their advantages

under the same conditions as the nationals of each of these States for the

provided that they can demonstrate their nationality in accordance with the legislation of the

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



Article 2 (paragraph 1) is hereby amended as follows:



"Article 2-paragraph 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 the country: 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. France (unchanged).



Article 3



Article 3 is amended as follows:



Article 3 of the



§ 1



-no change



"§ 2



-From the principle 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. "



(Other unchanged.)



Article 4



Article 5 of the universal Convention cancels and replaces this provision:



"Article 5 of



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 six weeks. "



Article 5



The General Convention is added to the second paragraph of article 8 reads as follows:



"The people who have been meted out a pension under the legislation of one State

and who 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 6



The General Convention is added another Article 8a) worded as follows:



"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 habitual residence. "



Article 7



Article 9 of the General Convention cancels and replaces this provision:



' Article 9 of



§ 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 the time allowed under those systems for

equivalent to insurance periods provided that these periods do not coincide, and it

as for entitlement to benefits in cash or in kind, as well as for the maintenance 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 8



Article 10 of the General Convention cancels and replaces this provision:



"Article 10 of the



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 9




Article 13 of the General Convention cancels and replaces this provision:



"Article 13



§ 1



The Czechoslovakian or the French nationals, who were

successively or alternately in the two Contracting States, are insured in one or

more systems of old-age insurance or insurance for surviving dependants

(pensions), summed with the periods of insurance completed in these systems or

time, recognised by those systems as equivalent to insurance periods-for

provided that these periods do not coincide-both for acquisition of 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

of this article. "



Article 10



The General Convention, the following article 19a) worded as follows:



' 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. "



Article 11



Paragraph 1 of article 28 of the General Convention shall be deleted and replaced by the following

the provisions of:



' 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 both currencies. "



(Rest unchanged).



Article 12



The Contracting Parties shall notify each other of the approval of this Supplementary Convention pursuant to

their constitutional provisions; Convention shall enter into force on the first day of the third

months after the date of the last notification.



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.



The ADD-in



to the additional agreement to the General Convention of 12 April 2005. between October 1948

Czechoslovakia and France on social security system of social

valid for employees safety in mines and factories on a par with them

built.



The Czechoslovak Government on one side and



the French Government on the other hand,



considering that it is necessary to clarify the implementation of the provisions of the supplementary

the agreement to the General Convention of 12. October 1948 between Czechoslovakia and

France on social security,



Noting further that it is desirable to harmonize the provisions of the supplementary

the agreement with the relevant provisions of the General Convention, amended

The additional Convention to the General Convention, to take into account the change in the

the law in both States,



have agreed upon the following additions and changes to the supplementary agreement to the General

the Convention of 12. October 1948 between Czechoslovakia and France on social

safety:



Article 1



Article 5 of the supplementary agreement, the following new paragraph 4 worded as follows:



"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 2



Article 9 of supplementary agreement is deleted and replaced by the following provisions:



"For the exercise of the right 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 3



Paragraph 1 of article 10 of the supplementary agreement is deleted and replaced by the following

the provisions of:



"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

dose. "



Article 4



Article 12 of the supplementary agreement is deleted and replaced by the following provisions:



"If it 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 the benefits. "



Article 5



Paragraph 1 of article 14 of the supplementary agreement is deleted and replaced by the following

the provisions of:



"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 justify the granting of a new disability pension, the amount of this

new pension under the provisions of article 9 of supplementary agreement. "



Article 6



The Contracting Parties shall notify each other of the approval of this add-in according to your

the constitutional rules. This add-in will enter into force on the first day

the third month after the date of the last notification.



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.



PROTOCOL



on the supplementary addition according to the French law 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.



PROTOCOL



the social insurance system, which will be applied to 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.