Social Solutions. The Consequences Of The Transformation Of Czech Railways, State Organization

Original Language Title: řešení sociál. důsledků transformace státní organizace České dráhy

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53669&nr=322~2F2002~20Sb.&ft=txt

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.