322/2002 Sb.
GOVERNMENT REGULATION
of 19 December 2003. June 2002,
laying down the conditions, amount and method of granting a contribution to solving the
the social consequences of the transformation of Czech railways, State Organization
Change: 83/2005 Sb.
The Government ordered pursuant to section 36 of Act No. 77/2002 Coll., on the joint-stock company
Czech railways, State Organization railway transport route and
Amendment of the Act No. 266/1994 Coll., on rail, as amended,
and Act No. 77/1997 Coll., on State enterprise, as amended
regulations:
§ 1
(1) this regulation lays down the conditions, amount and method of contribution
to address the social consequences of the restructuring of the Czech State Organization
Railways (hereinafter referred to as "Czech Railways").
(2) the contribution referred to in paragraph 1 (hereinafter referred to as "post") provides the
State budget the Ministry of transport (hereinafter referred to as
"the Ministry").
§ 2
(1) the contribution shall be granted to employees of Czech railways, joint-stock company
or employees of the State Organization railway transport route,
immediately before the date of entry into force of this regulation should
agreed with Czech tracks employment for an indefinite period and which is in
the time from the date of entry into force of this regulation until 31 December 2005. December 2008
terminated employment, done for an indefinite period, by agreement, for reasons of
According to § 46 para. 1 (b). a), b) or (c)) of the labour code, if they are
bound to organizational changes or is related to the restructuring of the Czech
the runways, and that:
and) has worked in employment for Czech railways, their legal
predecessors and successors of Czech railways for at least 10 years, to
the date of termination of employment for at least 5 years continuously, and the date of
the age required for entitlement to a retirement pension ^ 1)
a maximum of 5 years are missing,
(b)) in the performance of work suffered by Czech railways, their legal predecessors
or the legal successor of a work-related injury with permanent consequences or ill
occupational diseases with permanent následky2) and to the date of the age
required for entitlement to a retirement pension ^ 1) it lacks a maximum of 5
years, or
c) permanently takes care of a child considered to be a dependent under the Special
legal předpisu3) and is single, divorced or widowed, and the date of
the age required for entitlement to an old-age důchod1) is missing
not more than 5 years,
(hereinafter referred to as "authorized employee").
(2) the contribution consists of a fixed component and a variable component.
(3) the fixed component amounts
and 110 000 Eur) on termination of service of an authorized employee 3
and most 5 years before the date the age required for entitlement to
old-age pension, ^ 1)
(b)) $60 000 on termination of service of an authorized employee
more than 5 months, and less than 3 years before the date of the age required
for entitlement to a retirement pension, ^ 1)
(c)) 30 000 CZK on termination of service of an authorized employee
less than 5 months before reaching the age required for entitlement
the old-age pension. ^ 1)
(4) the variable component amounts to one tenth of the times the average monthly
earnings ^ 4) authorized employees, but not more than 30 000, and the number of
whole calendar months remaining to the authorized employees
delivery reaching the age required for entitlement to a retirement pension, ^ 1)
but not more than 60 months.
(5) an employee who, within a period no longer than 5 years before the date of achievement
the age required for entitlement to a retirement pension ^ 1) meets other
the conditions referred to in paragraph 1 (b). (b)), or (c)), will be granted contribution
in the amount of sixty one-tenth of the average monthly
earnings, 4) but not more than 180 000.
§ 3
(1) the allowance shall be subject to conditions pursuant to § 2 (2). 1 and 5 shall be paid
termination of employment as follows:
and without asking) for a single in the entire amount of the fixed and variable components in the
the next pay period, but not later than by the end of the second
calendar month following the month in which the beneficiary
terminated employees, in the case of authorized employee
missing from the end of the employment relationship in order to achieve the required age
for entitlement to a retirement pension ^ 1) 12 months or less,
(b)) in two parts after the end of the employment relationship, in the case of other
authorized employee.
(2) the first part of the contribution in the amount of 60% of the amount calculated in accordance with section 2 of the
paragraph. 3 and 4 or 5 shall, without request, the authorized employee shall be paid in
the next pay period, but not later than by the end of the second
calendar month following the month in which his work
is terminated.
(3) the second part of the contribution in the amount of 40% of the amount calculated in accordance with section 2 of the
paragraph. 3 and 4 or 5 shall be paid on the basis of a written request from an authorized
the end of the first employee the twelfth calendar month and
no later than 24 months from the last day of the calendar month in
which his employment was terminated. This second part of the contribution will increase
about
and) $200, if a legitimate employee within 4 months from the date of the end of the
He entered into a new employment contract of employment agreed on
for a specified period, at least for a period of 6 months or for an indefinite period, which
on the date of submission of the application for payment of the second part of the post continues, or
has entered into a written agreement with the Labour Office about retraining, this graduated
or her analyses,
(b)) 4 000 CZK, if a legitimate employee within 8 months from the date of the end of the
He entered into a new employment contract of employment agreed on
for a specified period, at least for a period of 6 months or for an indefinite period, which
on the date of submission of the application for payment of the second part of the post continues, or
has entered into a written agreement with the Labour Office about retraining, this graduated
or her analyses,
(c)) $100, if a legitimate employee within 12 months from the date of the end of the
He entered into a new employment contract of employment agreed on
for a specified period, at least for a period of 6 months or for an indefinite period, which
on the date of submission of the application for payment of the second part of the post it takes, or
has entered into a written agreement with the Labour Office about retraining, this graduated
or her analyses,
(d)) $10,000, if a legitimate employee within 6 months from the date of the end of the
employment began to exercise a self-employed person and this
continuously carries out to the date of the request for payment of the second part of the
contribution.
(4) the second part of the contribution can be paid, provided that the
and the employee) the legitimate candidate for Office work on mediation
employment has not been eliminated from the jobseeker ^ 5) because the
without serious reasons, refused to take a suitable job or intentionally
thwart the synergies with the Office work in the mediation of employment,
(b)) an employee refuse or without serious reasons, did not terminate prematurely
offered retraining under a special legal regulation, ^ 6)
(c) the employee has not concluded new) employment with the successors
Czech railways, or
(d)) the employee asked for the payment by the end of the fifteenth calendar
month from the last day of the calendar month in which its working
is terminated.
(5) when taking out of employment for a period shorter than that provided for in
weekly working time, with the increase in the second part of the contribution referred to in paragraph
3 (b). ) to c) proportionately short.
§ 4
The conditions for the payment of the second part of the contribution referred to in section 3, paragraph 3. 3
demonstrating a legitimate employee the following documents attached to the application:
and in the case of absence) employment and non-participation in retraining
confirmation by the competent authority of the work, whether it is or is not maintained in the register
jobseekers and whether it was or not, from this evidence is disposed
including disposal, reason
(b) in the case of the closure) of employment and entry into employment
a certified copy of the employment contract, the employer's confirmation of the length of the
laid down, where applicable, of the agreed weekly working time and confirmation
the relevant employment office, from the date of entry into employment is not kept in the
the registration of job seekers,
c) in the case of participation in retraining, reclassification, concluded the agreement on
and confirming the relevant employment office that is kept in the register of job applicants
employment,
(d)) for the purposes of payment under § 3 para. 3 (b). (d)) a document certifying
permission to start self-employment pursuant to
special legislation ^ 7) confirming the relevant district management
social security and the relevant tax office for registration as
a self-employed person.
§ 5
(1) the funds from the State budget to cover the payment of the contribution converts
Department of the special bound accounts joint stock company Czech railways and
State Organization railway transport route at a Bank, and that the
under the Bill, drawn up by agreement with the Ministry of finance, and after
consultation with the joint stock company Czech railways and the State organizations
The railway infrastructure administration.
(2) a legal person referred to in paragraph 1 recorded status and movements of
funds held in a special bank account referred to in paragraph 1 in
their accounts on a separate are expensed and after the end of each
calendar quarter demonstrate the correctness of the Ministry paid
amounts from this account.
(3) the contribution shall be paid to the legal person referred to in paragraph 1, under the conditions
laid down in this regulation. In the event of unauthorized use or
retention of funds of the national budget earmarked for the payment of the allowance is
follow the special legal rules relating to the violation of
budgetary discipline. ^ 8)
§ 6
This Regulation shall enter into force on the day of formation of the Czech joint-stock company
the track.
Prime Minister:
Ing. Zeman in r.
Minister of transport and communications:
Ing. Schling in r.
Selected provisions of the novel
Article II the Government Decree No 83/2005 Sb.
Contribution claims which arose before the date of application
the effectiveness of this regulation, shall remain unaffected.
1) section 29 of Act No. 155/1995 Coll., on pension insurance, as amended by law
No 134/1997 Coll. and Act No. 289/1997.
2) § 190 paragraph. 3 of the labour code.
Government Decree No. 290/1995 Coll., laying down a list of diseases of
the profession.
3) section 11 of Act No. 117/1995 Coll., on State social assistance, as amended by
Act No. 137/1996 Coll. and Act No. 242/1997.
4) section 17 of Act No. 1/1992 Coll. on wages, remuneration for work stand-by and about
average earnings, as amended by Act No. 74/1994 Coll. and Act No. 217/2000
SB.
5) § 7 (2). 3 of Act No. 1/1991 Coll., on employment, as amended by law
No 578/1991 Coll. and Act No. 167/1999 Coll.
6) § 10 of Act No. 1/1991 Coll., as amended by Act No. 234/1992 Coll. and act
No. 167/1999 Coll.
7) for example, Act No. 455/1991 Coll., on trades
(Trade Act), as amended.
8) section 44 of the Act No. 218/2000 Coll. on budgetary rules and amending
certain related acts (budgetary rules), as amended by law
No 157/2001 Coll. and Act No. 320/2001 Coll.