Amendment Of The Act On Sickness Insurance

Original Language Title: změna zákona o nemocenském pojištění

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=67322&nr=305~2F2008~20Sb.&ft=txt

305/2008 Sb.



LAW



of 17 December. July 2008,



amending Law No. 187/2006 Coll., on sickness insurance, as amended by

amended, and some other laws



Change: 281/2009 Sb.



Change: 470/2011 Sb.



Change: 234/2014 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment to Act No. 187/2006 Sb.



Article. (I)



Law No. 187/2006 Coll., on sickness insurance, as amended by Act No.

585/2006 Coll., Act No. 181/2007 Coll., the Act No. 261/2007 Coll. and act

No 239/2008 Coll., is hereby amended as follows:



1. In article 3 (a). (b)) for the word "salary", the words ", where appropriate,

organisational components of the State or a legal person in which to fulfil the

business tasks posted members of security forces or enrolled

the soldiers of the occupation ".



2. In article 3 (a). n) for the word "home", the words "or on any other

place ".



3. In section 6 (1). 1 (a). and (2)), the word "insured" shall be replaced by the words

"partakers of pension insurance".



4. In section 6 (1). 2 the introductory part, the words ' the provisions of the conditions referred to in

paragraph 1 (b). and (c))) "shall be replaced by the words" a condition referred to in paragraph

1 (a). and negotiated amount), the prescribed reckonable income shall be at least the amount of the

the applicable income, where applicable, their pensionable income has reached at least

the amount of the applicable income ".



5. In section 6 (1). 4, the word "insured" shall be replaced by the words "compulsorily involved

pension insurance ".



6. In section 10, paragraph 1. 5 and 6, the word "insured" is replaced by "involved

pension insurance ".



7. In section 10, the following shall be added at the end of paragraph 6, the phrase "the employee Insurance

employed by an employer based in the territory of the Czech Republic, which the

place of work is permanently abroad, and who has a permanent residence on the territory of the

The Czech Republic or another Member State of the European Union, the day of the

the start of work abroad also, in the event that the employer this

the employee submits that this employee is compulsory in

pension insurance in the foreign country. It was founded by the employee insurance

the third sentence, the insurance shall cease on the day following the date on which it was

satisfied that the employee is involved in mandatory pension insurance

State in which it has a permanent place of work. ".



8. In section 15(2). 4 (b). (c)), section 28, paragraph. 2 and section 103, paragraph. 1 (a). (d))

the word "entitlement" shall be deleted.



9. In section 18 at the end of paragraph 1, the following sentence "the daily assessment base

shall be determined with an accuracy of 2 decimal places is valid. ".



10. In section 18 at the end of paragraph 7, the following sentence "If the person does not have

self-employed in the relevant period specified in accordance with the first sentence

monthly basis, is applicable to the period of the first of the previous calendar year,

which had a monthly basis; the provisions of paragraph 6, third sentence applies here

Similarly,. ".



11. In section 18, paragraph. 8 (a). (b)) for the word "wages", the words "salary

or rewards "and the words" for a period "shall be replaced by the words" the period ".



12. In section 18, paragraph. 8 (a). (c)), the word "provided" shall be replaced by

"paid".



13. In section 19, paragraph. 1 (a). (b)), the word "insured" shall be replaced by

"employees".



14. In article 21, paragraph 1, the following paragraph 2 is added:



"(2) the amount of the daily assessment base calculated in accordance with paragraph 1 in the

the bands in the first reduction threshold above the first reduction threshold for the second

the reduction of the border and over the border into the second third reduction reduction

boundaries shall be rounded off to the nearest 2 decimal places is valid. ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



15. In § 21. 3, the words "paragraph 1" shall be replaced by the words ' paragraphs 1 and

2. "



16. In § 21. 4, the words "1 and 2" shall be replaced by "1-3".



17. In section 28 paragraph. 5 the second sentence, the word "and" shall be deleted and the words "(a).

(e)) "shall be inserted after the words" and (f)) and, in the case of a work or service

leave granted for reasons of treatment or care provided in § 39, paragraph.

1 (a). or (b))) ".



18. In section 29 is at the end of subparagraph (c)) shall be replaced by a comma and dot is added

the letter d), which read:



"(d)) 100% of the daily assessment base for the duration of the temporary

incapacity or ordered quarantine in the cases when the

beneficiary, temporarily disabled or recognized he was ordered

as a result, sandbox, that is proven to be involved in the public interest

on the implementation of the rescue or winding-up of the work in the fire, environmental

or industrial accident, flood, storm or higher degree

wind disasters or other emergencies, such as the

the units of the congregation the voluntary fire brigade of the village called the operating Centre

Fire brigade of the Czech Republic. ".



19. In article 30, the words ' paragraph 4 '. 3, and the number of calendar days per

This period "shall be replaced by the words ' paragraph 4 '. 4 and the number of calendar days

attributable to this period, while the number of calendar days

calendar days are not attributable to the period of the first 14

calendar days of temporary incapacity or ordered

quarantine ".



20. In section 31 (a). and the word "game)" is replaced by "physical clash".



21. In section 32 is at the end of paragraph 3 the following sentence "the condition of the right to

maternity of foreign employees is in addition to the fulfilment of the

conditions for the participation of the insurance referred to in paragraph 2 participation in insurance as

foreign employees under section 10, paragraph 1. 7 for a period of at least 180

calendar days in the last year before the date of the beginning of the support period

determined in accordance with § 34 paragraph. 1. ".



22. In § 34 paragraph. 3, after the words "paid to the mother of the child", the words

"with the exception of the period from birth to the end of the sixth week after birth".



23. In article 34, the following paragraph 4 is added:



"(4) If, in the course of the support period, after which the policyholder pays

maternity benefit, are entitled to additional financial assistance in the

maternity insurance shall be paid for the same, with additional financial assistance in the

motherhood after the time it takes to qualify for the previous financial assistance in

maternity benefits; support for this additional period of maternity,

However, from the date of the onset of this maternity. ".



24. In section 39, paragraph. 3, § 40 paragraph. 4 and § 64 paragraph. 2 the word "provision"

replaced by the word "payment".



25. In section 54, paragraph. 3 the words "to assess the State of health for the purposes of

insurance ' shall be replaced by the words "to make decisions in matters of temporary work

the inability, or necessary treatment or care (hereinafter referred to as "the need to

the treatment of ")".



26. In section 55, paragraph. 1 (a). (b)), after the words "the law ^ 36)"

the words "(hereinafter referred to as" the duty to job seekers ")".



27. In § 56 paragraph. 2 (a). (b)), the words "walks allowed under point (a)

(c)) "shall be replaced by" the extent and duration of the allowed walks ".



28. In § 56 paragraph. 2 (a). (d)), § 56 paragraph. 4 first sentence, section 61 (a). (g)) and section

64 paragraph. 1 (a). even the word ") the second" replaced by the word "first".



29. In article 56, paragraph 3 reads:



"(3) to change the place of residence at the time of temporary incapacity may only be

the beneficiary only with the prior consent of the attending doctor. If it has been

insured persons referred to in the first sentence is allowed to change the place of residence at the time of the temporary

incapacity in the period of the first 14 calendar days of temporary

incapacity, or belongs to policyholders after the expiry of the

This period in the time of temporary incapacity longer creditable

income [section 16 (b))] also in the period, after which, at the time of the temporary

disability income belongs to the beneficiary is obliged to, this

a change of the place of stay, in writing or otherwise proven to be announce

to the employer. The change of the place of stay of the insured person is temporarily unable to work

because of the stay abroad may allow the doctor only after

prior written consent of the competent sickness insurance institution;

on the consent of the authority the authority requested the sickness insurance the beneficiary. ".



30. In § 56 paragraph. 4 the second sentence, the words "for a period of longer than 3 calendar

days or abroad "shall be deleted.



31. In section 57, paragraph. 1 (a). and the words "in accordance with) a specific legal

code ^ 36) "are deleted.



32. In paragraph 59. 1 at the end of the text of the letter e), the words ",

where appropriate, if the temporary incapacity in the withdrawal period

or if the temporary incapacity after the end of the current

activities to fulfil the obligations of the insured person, job seekers, and even though

the beneficiary is not a contender for the job. "



33. In paragraph 59. 1 at the end of the text of the letter k), the words "shall be added;

the doctor is obliged to invite the insured person no later than

working day following the date on which it was notified in writing about the

the outcome of this proceeding, to immediately come to the attending

doctors for their temporary inability to work. Temporary

the doctor exits the incapacity referred to in the second sentence, even though

the insured party to challenge the attending doctor to him does not appear ".



34. In paragraph 59. 1 (a). l), the words "terminated the payment of

the sickness "shall be replaced by the words" entitled to sickness has been extinguished ".



35. In section 61 (h)):



"h) assessed during the temporary incapacity, whether the insured person
There has been a recovery of working capacity, and after a period of 180 calendar

the days of temporary incapacity, whether the insured's health status

stabilized, ".



36. In section 61 (a). (j)) and section 105 of the first sentence, the words "wages (salary)"

replaced by the words "wages, salary or remuneration".



37. In section 63, paragraph. 1 (a). (d)), the words "the provision of sickness"

replaced by the words "entitled to sickness".



38. In section 63, paragraph. 1 (a). (f)), for the word "repair", the words "or

the acquisition of new ".



39. In § 64 paragraph. 1 (a). I), the words "pursuant to § 56 paragraph. 3 "shall be deleted.



40. In § 64 paragraph. 1 (a). the word "), the correction of", the words "or

the acquisition of new ".



41. In § 64 paragraph. 1 (a). n), the word "Declaration" shall be replaced by the words

"confirmation of the authority of the health insurance".



42. In § 64 paragraph. 1 (a). p) for the word "employer" is the word

"advance" and the words "the time of the first 14 calendar days of temporary work

inability to "shall be replaced by the words" the first period of 14 calendar days

temporary incapacity, or belongs to policyholders after

the expiry of this period, in the time of temporary incapacity longer

pensionable income [section 16 (b))], and also in the period, after which, at the time

temporary incapacity belongs to this income. "



43. In paragraph 65. 2 (a). (c)) for the word "insolvency", the words "

or if it belongs to the policyholders after the expiry of this period in time

temporary incapacity longer pensionable income [section 16 (a).

(b))], also in the period, after which, at the time the temporary incapacity

belongs to this income. "



44. In section 68, paragraph. 1, the words "or care (hereinafter referred to as" need treatment ")"

shall be deleted.



45. In section 71 is the word "doctors", the words "or to a doctor of the institution

sickness insurance ".



46. In section 78 for the word "repair", the words "or sale" and the word

"repair" shall be inserted the words "or the acquisition of new".



47. In section 80 (2). 1 the first sentence, the words "to assess the State of health for the

insurance purposes "shall be replaced by the word" decide "and the words"; This

assessment be carried out while the doctor of the authority of the health insurance "

shall be deleted.



48. In section 80 (2). 1, the second sentence shall be replaced by the phrase "the doctor of the institution

sickness insurance while fulfilling the obligations of the attending doctor

referred to in section 61 (a). and (b))), (d)), h), (j)), l) and (m)) and section 68, leads

medical documentation of the course of temporary incapacity or

necessary care to the extent necessary for decision-making, fills

the necessary information on the prescribed forms, the device tells you racing

preventive care at his request, the estimated duration of the temporary

the incapacity of the policyholder and secures the appropriate forms,

that uses for the purposes of the implementation of the insurance against misuse. ".



49. In section 80 (2). 3 the words "assessing the health status" shall be replaced by

the words "decision making in matters of temporary incapacity or needs

the treatment ".



50. In section 80 (2). 4 and section 82, paragraph. 5 the first sentence, the words "to consider

for the purposes of health insurance "shall be replaced by the word" decide ".



51. In section 83 at the end of paragraph 2, the period is replaced by a comma and the following

the letter d), which read:



"(d)) the seat of the authority, the protection of public health, who ordered the quarantine.".



52. In section 84, paragraph. 2 (a). point 8), the words "to assess the State of health"

shall be deleted.



53. In section 84, paragraph. 2 (a). point 9) is repealed.



Sections 10 and 11 shall be renumbered 9 and 10.



54. In section 84, paragraph. 2 at the end of the text of subparagraph (c)), the words ", and

written notice of the amount of the overpayment to the sickness, which is the beneficiary

obliged to pay due to reverse the granting of old-age or full

disability pension, and the period for which the overpayment was calculated. "



55. In section 84, paragraph. 2 at the end of the text of the letter i), the words "and

fulfilment of the obligations of the other legal or natural persons imposed on them

This law ".



56. In section 84, paragraph. 2 the letter p) is added:



"p) be reported within 15 days from the date of receipt of the prescribed form in writing

the contracting employers and employees under contract date of participation

insurance contract staff, which is compulsory in the pension

insurance in the State in which the seat of his foreign employer, ".



57. In section 84, paragraph. 3 the letter j) is repealed.



To be repaced by) is renumbered as paragraph (j)).



58. In section 85, paragraph. 2, the words "and to)" shall be replaced by "and (j))".



59. In section 86, paragraph. 2 (a). (e)), for the words "section 84, paragraph. 3 "shall be replaced

"(a). and i) ").



60. Under section 89, paragraph. 1 (a). (d)), the words "this administration employs" are replaced by

the words "District Social Security Administration has a registry of insured persons

registered ".



61. In section 90 (a). (d)), after the words "insolvency", the words "and

necessary care ".



62. In title II of part five shall be inserted in part 1 part 2, including

title and footnote No. 47a is inserted:



"Part 2



The tasks of the trade offices



§ 91a



Self-employed persons, self-employed

operate on the basis of permission under the Trade Licensing Act, may

the application for insurance and submit insurance deregistration also for trade

the authority, if such person is, in connection with the reporting,

of applications for the concession or in connection with the fulfilment of reporting obligations

According to the Trade Licensing Act ^ 47a).



47A) § 45a of the Act No 455/1991 Coll., on trades

(Trade Act), as amended. ".



The existing parts 2 through 4 shall be renumbered as parts 3 through 5.



63. In section 93 at the end of paragraph 1, the following sentence "If the

an employer who is not required to log in to the registry

employers in accordance with the first sentence, employs staff whose

employment employment is small scale, and in the course of this job

This will create a staff insurance, the employer is obliged to

sign up for the registry of employers within 8 calendar days

After the calendar month in which the staff of the insurance was established. ".



64. In § 94 paragraph 1 reads:



"(1) the employer is obliged to notify the district administration of social

Security on the prescribed form day boarding staff

employment, which had established the participation in insurance, and up to 8

calendar days from the date of entering into the employment, and the end of the day

the employment of the employee, and to 8 calendar days from the date of the end of the

employment. For the purposes of the first sentence, after the completion of the work shall

interruption insurance (§ 10 paragraph 9) and for the advent of the employee to the

employment also return the employee to work after the expiry of the period of interruption

the insurance. The contract of the employee under the employer announces the sentence

the first day of the commencement of work on the territory of the Czech Republic and the end of the day

the performance of this work, and even if the performance of this work does not constitute participation in the

insurance, within 8 calendar days from the date of commencement or termination of performance

of this work. For employees whose employment is employment-small

range announces the employer of the employee to the day

employment to 8 calendar days after the calendar month in which this

staff participation in insurance. ".



65. In section 95 of the introductory part of the provisions for the word "employees" shall be

the words "participating insurance".



66. In section 95 (b). and), after the words "participation in insurance,", the words

"the indication of the place of performance of the work, if this place permanently abroad, and about

whether the employee is involved in the compulsory pension insurance, "

the words "deemed insurance" shall be replaced by the words "compulsorily involved

pension insurance "and after the words" foreign employer "

the words "and the indication of mandatory participation contract staff on

pension insurance in the State in which the registered office of its foreign

the employer ".



67. In section 95 (b). j), the words "insurance" shall be replaced by "its

mandatory participation in pension insurance ".



68. In section 95, the existing text shall become paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) the employer is obliged to keep its employees whose

employment of them does not constitute participation in the insurance scheme, the information referred to in paragraph 1

(a). and (c))), with an indication of the type of activity that relates to activities that

does not constitute participation in insurance.



(3) the obligation referred to in paragraph 2 also applies to employers who

is not obliged to register in the register of employers, and for

the employer, who is from this registry log. ".



69. In § 97 paragraph. 2, the words "paragraph 1" shall be replaced by the words

"The obligations referred to in paragraph 1, the sentence of the first and second are legal or

natural persons who are no longer kept in the registry of employers,

required to perform ".



70. In paragraph 98. 4, the first sentence, the words "participating insurance" are replaced by

the words "registered in the register of insured persons".



71. In article 98, the following paragraph 5 is added:



"(5) the provisions of paragraphs 1 to 4 shall also apply to employers,

who are led by employers in the registry. "



72. In § 101 paragraph. 1 (f)) is repealed.
Subparagraph (g)) to) shall become letters (f)) to (j)).



73. In § 101 paragraph. 1 (a). (h)) and § 104 paragraph. 1 (a). (e)),

"in accordance with section 95", the words "paragraph. 1. "



74. In section 103, paragraph. 3 the second and third sentence, the word "insured" is replaced by

the words "involved in the pension insurance".



75. In paragraph 104. 1 (a). (b)), the words "and the odhlášku of insurance" shall be deleted.



76. In paragraph 104. 3, the words "may declare whether it is involved in insurance

the State where the seat of his employer, and "are deleted.



77. In § 109 paragraph. 6 the final part of the provision, the words "the third sentence"

replaced by the words "the second sentence".



78. In paragraph 110. 5 at the end of the first sentence shall be replaced by a semicolon and dot

the words "district administration of social security benefits can

pay through an account of the Czech social security administration. ".



79. In section 110 is at the end of paragraph 6 the following sentence "Sickness and

maternity separates the inmates of the prison the same persons

way as a reward for their work. ".



80. In section 112, paragraph. 1 the first sentence, after the words "representative", the words

"due to their State of health or other serious reasons

make a claim for the payment of benefits or ".



81. In section 112 at the end of paragraph 1, the following sentence "for the purposes of the proceedings of the

the levy and payment of benefits has a special status as a guardian of the recipient

the administrative code ^ 52a). ".



Footnote. 52a is inserted:



"52a) § 32 Act No. 500/2004 Coll., the administrative procedure code.".



82. In section 112 is to be inserted at the beginning of paragraph 2, the phrase "Special recipient is

required to make a claim for the payment of benefits without undue delay. ".



83. In section 112, paragraph. 2 the third sentence, after the words "to submit", the words

"a written notification of the action which, as guardian, and made".



84. In the fifth part of title IV of part 2, section 1, the following new section 2,

that including the title:



"Section 2



The communication of information between the authorities of sickness insurance and America

the authorities of the



section 115a



The sickness insurance institutions and trade authorities, within the limits of its

the scope of the request shall be transmitted to each other the information necessary for the implementation of

insurance for self-employed persons. These data can be

requested and transmitted in electronic form to

remote access ".



The former sections 2 to 5 shall be renumbered as sections 3 to 6.



85. In paragraph 122. 3, the letter t) following the letter u), which read:



"at the place of work), is permanently abroad, and an indication of whether the

an employee in the State in which the place of performance of the work, compulsory

participate in the pension insurance ".



Letters u) to w) are referred to as letters in) up to x).



86. In section 124 at the end of the text of paragraph 2, the words ", or

If the overpayment is incurred because the sickness was paid at the time when he

as a result of the award of old-age-back or full invalidity pension

nenáleželo also for the reasons given in section 15(2). 4 (b). and) (a). 5

(a). (b)) ".



87. In section 124, the following paragraph 8 is added:



"(8) to the policyholder or other beneficiary benefits, which were paid to the

the levy, which he nenáležela, but during the same period he belonged to another

levy, credit the overpayment to the levy paid with a dose or with its

an additional charge, which for this period belongs. ".



88. In § 133 paragraph. 1 the word "second" replaced by the word "third".



89. In paragraph 138. 1 (a). m), the words "assessing the health status for

insurance purposes "shall be replaced by the words" Decides in cases of temporary work

the inability, or necessary treatment "and the word" or "shall be deleted.



90. In section 138, the dot at the end of paragraph 1 is replaced by a comma and the following

letters about) to q) are added:



") does not inform pursuant to section 61 (a). (g)), the competent authority, the health

insurance on a prescribed form not later than the following working day

about the decision to allow walks and change their scale or time or

about how to enable the change of the place of stay of the insured person at the time of temporary work

insolvency, p) nevyznačí pursuant to section 61 (a). even) when the release of the constitutional

care if his State of health does not allow policyholders to exercise

the current activity of the insured, on the decision of temporary work

the inability of the day release from custody and place of residence, where it will be

insured person after this release, and this fact has not notified

arguably, no later than the second day after the release of the insured person to the competent

the sickness insurance institution, or



q) does not record under section 61 (a). to) in the decision about the emergence of temporary

incapacity the insured to his day care and day

the release of the insured's care, day care and boarding day

their institutional care and day further treatment or control, and if

its health policyholders upon release from custody or

complex Spa care does not allow to carry out the current insured

action, unless otherwise provided in the term in which the beneficiary is obliged to come

to check the temporary incapacity, the attending physician

no later than the fifth calendar day from the date of their institutional care or

complex Spa care. ".



91. In section 138, the dot at the end of paragraph 2 is replaced by a comma and the following

letter e), which reads as follows:



"e) contrary to section 105 does not confirm the quarantine regulation, its duration, and

termination or of the relevant part of the form does not send to the competent authority

sickness insurance or does not pass to the policyholder. ".



92. In paragraph 138. 3, after the words "to j)", the words "and on) to q)".



93. In § 139 paragraph. 1 the word "offence" shall be replaced by the words "administrative

tort ".



94. Under section 152 (a). and the word "reduced)" shall be replaced by the word "reduced".



95. In section 153, at the end of paragraph 1, the period is replaced by a comma and the following

subparagraph (d)) and e) are added:



"(d)) of the overpayment to the sickness as a result of the award of old-age-back

or full invalidity pension,



e) clearing benefits under section 124, paragraph. 8. ".



96. under section 160 shall be added to § 160a, including title and notes

footnote No. 66a:



"§ 160a



The provision of data



Sickness insurance institution is obliged to obtain the necessary information from the

the official registration ^ 66a), also if this register itself does not, however,

can obtain data in electronic form in a way that allows

remote access.



66A) section 6 (1). 2 sentence third Act No. 500/2004 Coll. ".



97. In paragraph 161. 1 the first sentence, after the word "insurance", the words "

or pursuant to section 91a of the Office, also živnostenskému ".



98. In section 167 of the first sentence, after the words "also includes" words

"isolation ^ 69a) and".



Footnote No. 69 reads:



"69a) § 2 (2). 5 of the law No. 258/2000 Coll. ".



99. the following section is inserted after section 167 167a, including title and notes

line no. 72:



"section 167a



The forms



^ 72) forms, which, in the cases provided for in this Act apply

self-employed persons against the trade authorities, shall be issued

after consultation with the Czech social security administration.



§ 45a, paragraph 72). 3 of the Trade Licensing Act. ".



100. In section 174 shall be added to paragraph 6 and 7 are added:



"(6) For a period of study in accordance with § 32 paragraph. 4 (b). and also considers the time)

study before 1. in January 2009, if this study was based on participation

insurance under the legislation, effective on the date of 31. December 2008.



(7) where in 2009 shall be entitled to financial assistance in maternity in

withdrawal period of insurance for students and pupils, the amount of the cash

assistance in maternity, according to legislation effective on the date of 31. December 2008. ".



101. Article 177, paragraph 2 shall be deleted and shall be deleted at the same time indication

of paragraph 1.



102. In section 178 is at the end of paragraph 2 is replaced by a comma and the following dot

(e)), which read:



"e) in the case of the employee whose place of work is permanently abroad, and whose

employment passes from the period before 1. January 2009 to the period after 31 December 2006.

December 2008, that his employment from 1. January 2009 does not constitute participation in the

insurance; This fact is required to simultaneously demonstrate proof of

the compulsory participation of the employees on pension insurance in the State, in

where is the location of the permanent work. ".



103. At the end of section 180, the following sentence "the employer is obliged to

interruption insurance to announce on the prescribed form to the 31. January

2009. ".



104. section 195:



"§ 195



Entitled to a refund under this Act of regression arises, if caused by

the offences under section 126 occurred after 31 December 2006. December 2009. ".



PART THE SECOND



Amendment to Act No. 582/1991.



Article. (II)



Act No. 582/1991 Coll., on the Organization and implementation of social security,

as amended by law No 590/1992 Coll., Act No. 37/1993 Coll., Act No.

160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.

118/1995 Coll., Act No. 160/1995 Coll., Act No. 134/1997 Coll., Act No.

306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.

356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.

29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.

155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.
238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.

116/2001 Coll., the Act No. 353/2001 Coll., Act No. 151/2002 Coll., Act No.

263/2002 Coll., Act No. 265/2002 Coll., Act No. 309/2002 Coll., Act No.

320/2002 Coll., Act No. 518/2002 Coll., Act No. 362/2003 Coll., Act No.

424/2003 Coll., Act No. 425/2003 Coll., Act No. 453/2003 Coll., Act No.

53/2004 Coll., the Act No. 167/2004 Coll., Act No. 281/2004 Coll., Act No.

359/2004 Coll., Act No. 436/2004 Coll., Act No. 501/2004 Coll., Act No.

168/2005 Coll., Act No. 361/2005 Coll., Act No. 381/2005 Coll., Act No.

413/2005 Coll., Act No. 24/2006 Coll., Act No. 70/2006 Coll., Act No.

81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act No.

161/2006 Coll., Act No. 189/2006 Coll., Act No. 214/2006 Coll., Act No.

267/2006 Coll., Act No. 342/2006 Coll., the finding of the Constitutional Court

declared under the No 405/2006 Coll., Act No. 585/2006 Coll., Act No.

152/2007 Coll., Act No. 181/2007 Coll., the Act No. 261/2007 Coll., Act No.

270/2007 Coll. and Act No. 296/2007 Coll., is hereby amended as follows:



1. Footnote 4 and footnote No 60a in § 54a and section

paragraph 83. 2 (a). and), including links to these footnotes

shall be deleted.



2. In section 5 of the letter ch):



"ch) understands that the social security administration District [sect. 6 (1). 4

(a). with)] that the citizen who is temporarily disabled, was recognized by the

fully or partially invalid, on the basis of the proceedings on the application. ".



3. In section 6 (1). 4 (b). and paragraph 10 the word) "organization" shall be replaced by

the word "employers".



4. In section 8 (2). 1 at the end of subparagraph (b)), the comma shall be replaced by the dot and

subparagraph (c)) shall be deleted.



5. In section 8 (2). 3 the words "and 2" shall be replaced by "2 and 8".



6. In section 8 (2). 5, letter a) shall be deleted and shall be deleted at the same time indication

(a) (b)).



7. In article 8, paragraph 6 shall be deleted.



Paragraphs 7 to 10 shall be renumbered as paragraphs 6 to 9.



8. In section 8 (2). 8 the words "doctors of the district administrations ' shall be replaced by the words

"district administration".



9. In article 9, the following paragraph 6 is added:



"(6) the authorities of the Ministry of Defense, Ministry of Interior and the Ministry of

Justice vyrozumívají District Social Security Administration, which

assess the full or partial disability of a citizen, that citizen,

that is temporarily disabled, was recognized by fully or partially

disability on the basis of the claim, if these authorities

issued a decision on the full or partial disability retirement. ".



10. In section 10a of the paragraph. 1 the words "on sickness insurance, deregistration from

participation in sickness insurance and "are deleted.



11. In section 10a of the paragraph. 2 at the end of the text of subparagraph (a), the words ");

notice of initiation of self-employment and the application for

the insurance referred to in paragraph 1, indicating the date on which they were

the application for insurance, be transmitted to the competent district administrations

social security ".



12. In § 11a paragraph. 5, the first sentence shall be replaced by the phrase "the Czech administration

social security and the social security administration, the County may

ask the Ministry of the Interior about the allocation of the social security number of a natural person,

that by the time of its data processing in information systems of the Czech

the social security administration or the district administrations of social

social security number was not assigned a security and that of its allocation

The Interior Ministry did not ask itself, if it finds grounds for his

the allocation for the fulfilment of the conditions laid down in this law, the specific legal

^ regulations 74), law of the European Community or international ^ 73d)

contracts and if the Ministry of the Interior for a physical person outlet

place of birth numbers under a special legal regulation ^ 74a). ".



Footnote No. 74 and 74a:



"for example, 74) Law No. 187/2006 Coll., on sickness insurance, as amended by

amended.



74A) section 14 (a). (d)) of the Act No. 133/2000 Coll., as amended

regulations. ".



13. In § 11a paragraph. 5 the second sentence, after the words "security", the words

"or District Social Security Administration".



14. section 12 reads:



"section 12



Social security institutions may invite the



and employer to make) reports and submit the records of

the facts decisive for entitlement to social security benefits,

their amount and payment



(b)) the recipient of social security benefits, to certify the fact

applicable to the entitlement to a benefit, the amount and the payment,



(c) the recipient of social security benefits) contingent to the adverse

health status and the applicant of the batch to undergo examination

the State of health or another vocational examinations,



d) a self-employed person, to make in order to implement

monitoring the implementation of its obligations in social security, including

the payment of premiums for social security and a contribution to the State

employment policy, within the specified deadline to the appropriate

the District Social Security Administration, or to the location specified by the

the Administration; a self-employed person is obliged to this challenge

meet, if in advance of serious reasons for not apologize; It shall apply mutatis mutandis

for the employer, on the day a copy of the call district administration

social security has been registered in the register of insured persons less than 26

employees of participating pension insurance,



e) citizen, that the facts for the purpose of the certificate for

the implementation of pension insurance within a specified deadline arrived on

appropriate District Social Security Administration; a citizen is obliged to this

the challenge to meet, if in advance of serious reasons to apologize. "



15. In section 14, paragraph. 3 (b). n), the words "or on sickness insurance" and

the words "and premiums on health insurance ' shall be deleted and the words" on

premiums on health insurance "are replaced by the words" on the insurance on the

pension insurance and contribution to the State employment policy ".



16. In section 35a, paragraph. 1 the second sentence, the words "and the remand prison (hereinafter referred to as

"the prison") ' shall be deleted.



17. In section 35a, paragraph. 3 the first sentence, the words ' duration of entitlement to benefit, its

the amount and payment "shall be replaced by the words" entitled to benefit and its duration and for

the amount and payment of benefits ".



18. In section 35a, paragraph. 5 the second sentence, after the words "security", the words

"or the Czech social security administration".



19. In section 36 (b). (f)), the words "the Organization, which has closed" are replaced by

the words "employer who has concluded."



20. In section 36 (b). m) with a footnote No 71a and 71b referred to as

footnote No. 71 c, 71 d, and including references to these release notes

under the line.



21. In section 36 (b). n), the words "to work", the words "or of the persons

the study included for the duration of custody ".



22. section 36b including title:



"section 36b



Some employers ' obligations



(1) an employer who employs a person referred to in section 5 (3). 1 (a).

w) and x) of the Act on pension insurance is required on the specified

form to notify the social security administration district day, when they

for the first time on the basis of their work (activities) was participation in the pension

insurance, including the date of the commencement of their work (activities), in 8 days

following the end of the calendar month in which their participation

to the pension insurance for the first time was formed, and in these cases a day

the end of their work (activities), and that within 8 days following this

the date; While lists and the information required to be entered in the register of insured persons.

The employer is obliged to report in writing to the district administration of social

change the security of the data referred to the notification referred to in the first sentence, the

8 days from the date when this change occurred. The employer may, with the district

the social security administration to agree in writing to a different period for the implementation of the

the reporting obligations referred to in the first and second; This agreement

can an employer terminate and the District Social

security, and this Agreement shall terminate on the first day

of the calendar month following the month in which it was cancelled.



(2) an employer who employs a person referred to in section 5 (3). 1 (a).

w) and x) of the Act on pension insurance and which suffered under section 93

the Act on sickness insurance obligation to subscribe to the register

employers kept pursuant to section 123 of the Act on sickness insurance,

obliged to subscribe to the prescribed form to the registry

employers to 8 calendar days after the expiry of

calendar month, in which for the first time his staff participation in

pension insurance, and to fulfil the other obligations resulting for

employer of section 93 of the Act on sickness insurance. ".



23. In section 37, paragraph. 1 letter e) is added:



"e) for temporary inability to work, except for temporary work

the inability of the citizen, which brought about intentionally, and quarantine, the time

you need treatment or took care of a child under the age of 10 years

or another Member of the household, unless the persons who, under the law on

sickness insurance are not entitled to ošetřovné, and the fact that the

beneficiary in the request for ošetřovné said that he is lonely, and the time before
birth, after which the activity has not been pursued because of the

pregnancy, however, the first since the start of the eighth week before the expected date of

giving birth to the day immediately preceding the date of childbirth, ".



24. In section 37, paragraph. 1 at the end of the text of the letter (h)), a comma shall be replaced by

a semicolon and the following words "it shall apply mutatis mutandis for the team."



25. In section 37 is at the end of the text of paragraph 8, the words "shall be added; This is true

Similarly, for the team. "



26. In section 38, paragraph. 4 of the introductory part, the words ' the provisions of the final

statement of income ", the words" no later than 31 December 2006. January

the following calendar year.



27. In section 38, paragraph. 4 the letter g) is added:



"(g)) time, which is when determining the personal assessment base pursuant to section

16. 4 (b). and), d) and (j)) of the Act on pension insurance, ".



28. In section 38, paragraph. 5 the first sentence, the words "(section 35a, paragraph. 4 second sentence) "

replaced by the words "[section 35a, paragraph. 4 (b). a)]“.



29. In article 39, paragraph 4 reads:



"(4) when the death of a citizen shall be submitted to the registration sheet



and on-demand) the social security institution within the period specified, the



b) within 3 months from the death, not the registration list is requested by (a)

a).“.



30. In § 39, paragraph 8 shall become paragraph 7.



31. In section 39, paragraph. 7, the word "organization" shall be replaced by

"the employer".



32. In section 40a of the present text becomes paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) the authority of the social security on the basis of the application of the citizen shall be

new informative sheet, where the citizen participation at the time of retirement

insurance under section 5 (3). 1 (a). and (c))) q) and u) to x) of the Act of

pension insurance or a period of employment before 1. in January 1996, or

period of study before 1. January 1996 and the assessment bases or excluded

in the period after 1985. Social security institution shall send to the citizens of the

within 90 days from the date of receipt of the request referred to in the first sentence of a new informative

taking into account the proven data sheet referred to in the first sentence. The first sentence and

the other cannot be used for the period of the calendar year in which the

informative sheet drawn up, and the immediately preceding

of the calendar year.



(3) if the authority does not consider the time social security and other information

According to paragraph 2, the first sentence sufficiently proven, new informative

the sheet is not produced and within 90 days from the date of receipt of the request referred to in paragraph 2

the first sentence shall send a written notification to citizens of the evidence that the times and other

the data are not sufficiently proven and that about these times and other

the data will be taken in the proceedings for the granting of pension benefits

insurance; at the same time citizens of the returns it produced documents, and to

own hands. "



33. section 42:



"§ 42



The employer is obliged to issue its employees, where applicable,

employees whose employment ended, at his request, confirmation of the time

the duration of the employment in the calendar year during which the employee was

nemocensky or just důchodově insured. This confirmation is the employer

obliged to issue the District Social Security Administration also on request.

This confirmation is the employer required to issue, within 8 days from the receipt of the

request. ".



34. In section 48, paragraph. 1 (a). (e)), after the words "parental contribution"

the words "or maternity because of pregnancy and

childbirth, if maternity benefit from the sickness, belonged to the

insurance of employees "and the words" has been released from custody or power

imprisonment lasting longer than three calendar months "

shall be replaced by "the day of termination of employment."



35. Article 48, paragraph 5 shall be deleted.



Paragraph 6 is renumbered as paragraph 5.



36. In section 48, paragraph. 5, after the words "personally cares", the words "a person

under the age of 10 years, which is dependent on the care of another person in stage I (light

dependency), or ".



37. In section 48a of the paragraph. 2 the words "data on the amount of income from a separate

earned income or expenses incurred for their attainment,

ensure and maintain ^ 40) "shall be replaced by" income from a separate

gainful activities under section 10, paragraph 1. 2 of the Act on pension insurance "and

the words "an overview of additional data about the amount of income or expenditure for the

^ 40 this year) "is replaced by" amending summary ^ 40) ".



Footnote No. 40:



"section 15, paragraph 40). 3 of Act No. 589/1992 Coll., as amended by Act No. 305/2008

SB. ".



38. In paragraph 3 of section 48b, including footnotes, no 59 repealed.



39. In § 48 d, the words "to (d)) and the application and the deregistration under section 48b paragraph. 2

and 3 make the prescribed form) to the competent ^ 60a "shall be replaced by the words

"and the application pursuant to section 48b paragraph. 2 on the prescribed forms issued by the

The Ministry of trade and industry to make the u. "



40. In § 48 d of the present text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) a self-employed person is obliged to present the reasons for

self-employment is considered a secondary

self-employed, if the Czech administration of social

security information about these reasons leads in their registration or has the option of

This information is available in electronic form in a way that allows

remote access; The Czech social security administration is required to these

reasons to publish. "



41. In section 54, paragraph. 1 and 2, the words "section 13 (3). 2 part of the sentence "shall be replaced by

the words "section 13 (3). 2 the first part of the sentence ".



42. In paragraph 54. 5, the words "(a). (f)) "shall be replaced by" subparagraph (a). (e)) ".



43. In section 82, paragraph. 2, the second sentence shall be deleted.



44. In section 82, paragraph. 3 the words "served the citizen through the prison"

replaced by the words "provide with citizens on the prescribed forms of the prison;

a prison shall submit the request within 8 days from the date of the writing of the district administration

social security under section 7 (b). (b)) ".



45. In section 83, paragraph. 2 (a). (c)), for the words "pay the wages", the words "

, salary or remuneration ".



46. In section 83a, the words "up to" is replaced by ") to zb)".



47. In paragraph 83 PTS. 1 the first sentence, the words "or in proceedings for recognition for the

the person physically disadvantaged ^ 52a) "and a footnote No 52a

shall be deleted.



48. In § 87 of the first sentence, the words "11 and" shall be replaced by the words "11, 12 and".



49. In section 90 of the paragraph. 1 the words "and increase income for impotence" shall be deleted.



50. In section 104b (1) of paragraph 1. 2 at the end of the text of the letter b), the words ",

or, in the case of foreigners, reported residence ^ 9a) in Czech

Republic, and if the self-employed person reported or

permanent residence in the Czech Republic and its place of domicile is in the

abroad, the place of self-employment in the territory of the Czech

of the Republic; If several sites performance of self-employment, it is

locally appropriate District Social Security Administration, in which the circumference of the

According to the Declaration of the natural person is outweighed by the performance of the self-employed

activities ".



51. In section 104 c, paragraph. 1 the first sentence, after the words "in installments," shall be inserted after

the words "abolition of the likely amount of the premium,".



52. In the second subparagraph of section 115a. 2 the first sentence, after the word "retirement", the words

"or full disability" and the word "retirement" shall be inserted the words "or

full invalidity ".



53. In the second subparagraph of section 115a. 2 the second sentence, after the word "retirement", the words

"or full invalidity".



54. In the title of § 118, the word "organizations" shall be replaced by

"employers".



55. In paragraph 120a. 1 and article 123 g text "(§ 48 d)" shall be replaced by the text "(§

48 d of paragraph 1. 1) ".



PART THE THIRD



The amendment of Act No. 589/1992 Coll.



Article. (III)



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

the State employment policy, as amended by Act No. 10/1993 Coll.

Act No. 160/1993 Coll., Act No. 308/1993 Coll., Act No. 42/1994 Coll.,

Act No. 241/1994 Coll., Act No. 59/1995 Coll., Act No. 118/1995 Coll.,

Act No. 149/1995 Coll., Act No. 160/1995 Coll., Act No. 113/1997 Coll.,

Act No. 134/1997 Coll., Act No. 306/1997 Coll., Act No. 18/2000 Coll.

Act No. 29/2000 Coll., Act No. 118/2000 Coll., Act No. 132/2000 Coll.

Act No. 220/2000 Coll., Act No. 238/2000 Coll., Act No. 492/2000 Coll.

Act No. 353/2001 Coll., Act No. 263/2002 Coll., Act No. 309/2002 Coll.

Act No. 362/2003 Coll., Act No. 424/2003 Coll., Act No. 425/2003 Coll.

Law No 437/2003 Coll., Act No. 186/2004 Coll., Act No. 281/2004 Coll.

Act No 359/2004 Coll., Act No. 436/2004 Coll., the Act No. 168/2005 Coll.

Act No. 253/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005 Coll.

Act No. 62/2006 Coll., Act No. 189/2006 Coll., Act No. 264/2006 Coll.

Act No. 585/2006 Coll., Act No. 153/2007 Coll., Act No. 181/2007 Coll.

Act No. 261/2007 Coll. and Act No. 296/2007 Coll., is hereby amended as follows:



1. In section 5, the dot at the end of paragraph 2 is replaced by a comma and the following

the letter g) is added:



"(g)) of the insurance paid by the employer for the employee under section 8 (2).

2. ".



2. In article 5 (3). 4 the second sentence, the words "income zúčtovaný this

a foreign employer "shall be replaced by the words" his income paid

the contracting employer foreign employers ".



3. In section 5b of the paragraph 1 including the footnotes No 54 and 55 is added:
"(1) Vyměřovacím the basis for the self-employed insurance

to the pension insurance and contribution to the State employment policy is

the amount you designate, but not less than 50% of the tax base; tax

the basis for the purposes of this Act, means the tax base or a subset

the tax base determined in accordance with section 7 of the Act on income taxes on income from

business and other self-employment income after adjustment under section 5 and the

23 of the Act on income taxes, and even in the case where the income of the person

the self-employed are exempt from income tax, if

also provides otherwise. Performed if the self-employed person in

calendar year major and minor self-employment

self-employed activity and for the amount of time that carries out side

self-employed activity, not a retirement insurance,

the tax base is considered an aliquot portion of the tax base; This part of the

shall be determined so that the tax base divided by the number of calendar months, in

which, at least for part of the month exercised independent gainful

activities, and the resulting amount will be multiplied by the number of calendar months, in

which, at least for part of the month performed the main independent gainful

activity. For the performance of self-employment and the main separate

self-employment for the purposes of the second sentence is not considered a calendar month,

After a month in which the self-employed person should be entitled to

payment of sickness or maternity of sickness

insurance of self-employed persons; calendar month for

the purpose of the part of the sentence before the semicolon means even part of, that person

self-employed 71(1)(b)(ii),

If the performance of this activity did not last for the entire calendar month. For tax

the basis for the self-employed, which is taxpayer tax

income provided for lump-sum payments under section 7a of the taxes Act

income shall be the difference between projected revenue and projected

expenditure, which is based in the calculation of income tax provided for a flat-rate

the amount. Are not included in the tax base income, which are referred to in

special legal regulation ^ 54) a separate basis for income tax

natural persons for the taxation of the special tax rate, and the rewards of belonging

According to the Copyright Act in respect of other property rights ^ 55). For tax

the basis for the self-employed, which is not required to

submit a tax return shall be regarded as income of the self-employed

activities after deduction of expenses incurred for his achievement, ensure and

keeping; These revenues and expenditures for the purposes of this Act, be treated as

the Act on income taxes.



§ 7, paragraph 54). 6 and § 36 odst. 2 (a). t) Act No. 586/1992 Coll., on the

as amended.



55) sections 24 and 25 of Act No. 121/2000 Coll. on copyright, rights

related to copyright and on the amendment of certain laws (copyright

Act), as amended. ".



4. In section 5b of the paragraph. 2 (a). (c) the fourth sentence the words) "income from a separate

gainful employment after deduction of expenses incurred for his achievement,

ensure and maintain "shall be replaced by the words" tax basis ".



5. In section 5b, paragraph 3 is deleted.



Paragraph 4 becomes paragraph 3.



6. In section 5 c of paragraph 1. 1 the first sentence, after the word "wages", the words "valid

in the calendar year in which the insurance premiums to the pension insurance

applies ".



7. In section 5 c of paragraph 1. 2 and § 7 (2). 1 (a). (c)) (2) the words ' paragraph 4 '. 4 "

replaced by the words ' paragraph 4 '. 3. "



8. In section 7 (2). 1 (a). and (2)), the words "of 26 employees" shall be replaced by

the words "51 employees".



9. In section 7 (2). 1 (a). (b)), point 1, the number "8" is replaced by "7.9" and

the number of "1.1" shall be replaced by the number "1".



10. In section 7 (2). 1 (a). (c)), point 1, the words "1-3" shall be replaced by "1

and 2 ".



11. In section 7 (2). 1 (a). c) point 2 and section 7 (1). 1 (a). (e)), the number "2.5"

replaced by the number "2.4".



12. In section 7 (2). 2, the second sentence shall be replaced by the phrase "in the next period

fixed the amount of the rates, government regulation, and taking into account the relationship

income from premiums on health insurance in excess of the rate of

sickness insurance premiums referred to in paragraph 1 (b). and) point

1 and half of the amount that employers pay

employees for the period of temporary incapacity and shall be deducted from the

the amount of the premium in accordance with section 9 (2). 4. ".



13. In section 8 (2). 1, the third sentence shall be deleted.



14. In section 8, paragraph 1, the following new paragraphs 2 and 3, including the

footnote No 58b:



"(2) for the calendar month in which the employee has pensionable

income, but cannot knock him insurance on the grounds that this revenue

It is not in cash form, the employer is obliged to pay the premium,

which is obliged to pay the employee; This applies also, mutatis mutandis, in the case of

When a portion of the income is in the form of money, but in a lower amount than the amount of the

premiums, which is obliged to pay the employee. For non-cash benefits

for the purposes of the levy shall be considered as also the performance of the insurance money remitted

employer to another entity for the benefit of the employee. The employee is

the employer shall pay the premiums paid for it

the employer referred to in the first sentence.



(3) the Pensionable income zúčtovaný in the calendar month in which the

end of employment small-scale ^ 58b) or in which the activity finished

the staff referred to in § 3 (3). 1 (a). (b)), paragraphs 14 and 15, and income

zúčtovaný in the next calendar month or calendar months

of which nezaložila this month or months of participation in the

sickness or pension insurance shall be considered as income zúčtovaný

in the calendar month in which the total pensionable earnings will be included

the last calendar month, in which it took the last time

the employment of small scale or the activities of these employees, lasted

the founding participation in insurance this month.



58b) section 7 of the Act No. 187/2006 Sb. ".



Footnote No 58b is referred to as a footnote

No 58c, including the reference to the footnote.



The current paragraph 2 shall become paragraph 4.



15. In section 9, at the end of paragraph 8, the following sentence "If the amount of

premiums deducted for the period of temporary wage replacement of incapacity

in a lower amount than was to be subtracted, the remaining amount,

that should be deducted from the premiums for the overpayment on the insurance ".



16. At the end of section 11, the following sentence "the provisions of the first sentence to the third

shall apply mutatis mutandis in the case of employment offering a participation in the

sickness insurance by persons in custody ".



17. In section 12, paragraph. 3, the word "company", the words "or

the cooperative "and the words" the company "shall be inserted the words" or

the Board of directors or of the Supervisory Commission of the cooperative ".



18. In section 13a, paragraph. 6, the words "paragraph. 10 and 11 "shall be replaced by" paragraph. 9 and

10. "



19. In paragraph 7 of section 13a-9 shall be added:



"(7) a self-employed person who carries on the side

self-employed activity, extinguishes the obligation to pay the advance on

insurance if you become liable for taxes, the flat-rate amount referred to in Section 7a

income tax act during the calendar year, the difference between the amount of

the expected revenues and projected expenditures of the self-employed

the activities referred to in the Protocol on the oral proceedings for the determination of the tax

lump sum income (hereinafter referred to as the "Protocol on the payment of income tax

flat-rate amount ") for such year shall not constitute participation in the pension

the insurance referred to in section 10, paragraph 1. 2 and 3 of the Act on pension insurance and

did not the application to participate in the pension insurance pursuant to section 10, paragraph 1. 2

and 3 of the Act on pension insurance for that year. The obligation to pay

advances on the premiums referred to in the first sentence shall cease from the calendar month, in

which the self-employed person passed to the Protocol on the payment of taxes

income in a lump sum.



(8) for the purposes of the payment of advances on premiums is a self employed

the illuminating considered self-employed person executing

supporting self-employed activities in the calendar month in which the

After a whole month lasted fact listed in section 9 (2). 6 of the Act on

pension insurance or, if the self-employed economic

the activities carried out throughout the calendar month, took these facts

at the same time, after the part of the calendar month during which was exercised

self-employed economic activity.



(9) The facts referred to in paragraphs 7 and 8 shall apply on the basis of the

notice to self-employed persons. To notification of the self

self-employed tax fixing flat-rate amount referred to in paragraph 7 and the

the performance side of self-employment pursuant to paragraph 8 for the

the purposes of the payment of advances on premiums taken into account, if it has not been made

in the list under section 15(2). 1 for the calendar year and
by the end of the calendar month following the calendar

the month in which it was filed, overview. Proof is not required in cases

When the necessary data have District Social Security Administration or the United

the social security administration in their register or has the option is

available in electronic form in a manner enabling remote access.

The Czech social security administration is required to disclose, that the reasons

for self-employment is minor, the person is not

self-employed shall be obliged to give evidence. ".



20. In § 14 paragraph 2 is added:



"(2) for the self-employed, which has pursued a separate

gainful activities in the preceding calendar year, the amount of the

the monthly assessment base 50% of the amount equal to the average,

that of the tax base under section 5b of the paragraph. 1 this year falls on the

one calendar month, in which at least part of this month has been

exercised in self-employment, with the understanding that if the above as follows

provided for a monthly assessment base has exceeded the amount of

four times the average wage, the monthly assessment base this

amount. ".



21. In section 14, paragraph. 3, the words "after the date" shall be replaced by the words "for the

the calendar month in which the "and the words" to date "shall be replaced by the words" to the

the calendar month preceding the calendar month in which the ".



22. In article 14, paragraph 4 is added:



"(4) for the self-employed, which becomes the taxpayer

income tax provided for lump sum payments, the monthly assessment

the basis of at least 50% of the one twelfth of the difference between the projected

revenues and expenditure projected, from which the tax calculation from

income provided for lump sum payments. ".



23. In section 14, paragraph. 5, the words "three months" shall be replaced by the words "to the end of

the calendar month preceding the calendar month in which the

or should be filed under section 15 paragraph overview. 1. "



24. In article 14, paragraph 6 is added:



"(6) Monthly basis for self-employed persons

executing main self-employed activity is at least 25% of the

the average wage. Monthly assessment base self

active, which for the purposes of the payment of advances, be deemed to be separately

self-employed employed performing minor self-employment

(section 13a, paragraph 8) and (9) shall be at least 10% of the average wage. In the event that the

self-employed person was liable for advances on the premiums for

the month of December, it remains for the self-employed person

monthly assessment base determined in accordance with the first or second sentence in

period of validity in the following calendar year to the calendar month,

that precedes the calendar month in which he was or should be filed

Overview according to § 15 paragraph. 1. ".



25. In article 14, paragraph 7 shall be deleted.



Paragraphs 8 to 11 shall become paragraph 7 to 10.



26. In section 14, paragraph. 7, the second sentence shall be deleted.



27. In article 14, the following paragraph 11, which read:



"(11) the monthly assessment base is rounded to whole of the Crown toward

up. ".



28. In section 14a paragraph 2 is added:



"(2) a self-employed person can pay the advance on premiums

longer than a month, but always in the future. If the backup on

the insurance applies in the future, a self-employed person, which

Filed under section 15 paragraph overview. 1 for the previous calendar year, the

advances on the premiums paid into the future until the end of June

the following calendar year; If the advance on premiums paid to

the future, self-employed person, that hasn't overview

under section 15, paragraph. 1 for the previous calendar year, the advances on the premiums

to pay in the future just to the end of June, of the calendar year in which the

an overview will be served under section 15(2). 1 for the previous calendar year.

The amount of the advance paid on insurance premiums cannot be changed. Advances on the premiums

paid in the future to go back just in case their separate

gainful activities, and for the calendar month following the termination of the

This activity. "



29. In section 14 c of paragraph 1. 1, the words "paragraph. 8 "shall be replaced by the words ' paragraph 4 '. 7. "



30. In § 14 paragraph. 2, the first sentence shall be replaced by the phrase "the insurance on the

sickness insurance for the calendar month shall be payable from 1. up to 20. of the day

the following calendar month. ".



31. In section 14 c of paragraph 1. 2, the third sentence shall be replaced by the phrase "the person

self-employed may, after consultation with the district administration of social

the security to pay the premiums on health insurance to more than

monthly period, but only in the future and until the end

of the calendar year. ".



32. In section 14 c at the end of paragraph 3 the following sentence "the Determination of the monthly

the base is the payment of insurance premiums on health insurance from

monthly basis. ".



33. In § 14 paragraph. 4 the second sentence, after the words "excess", the words "

or part of the overpayment, or when you use this overpayment to

the remuneration payable to the District Social Security Administration ".



34. In section 15(2). 1 the second sentence, after the words "in addition", the words "data

on the tax base, or if it is not a self-employed person

required to submit a tax return, "and the words" to (f)) "shall be replaced by

"to (e))".



35. In section 15(2). 1 third sentence, the words "together with the summary"

replaced by the words "to the end of the calendar month following the month of

in which this report was lodged ".



36. In section 15(2). 1 the fifth sentence after the words "set out in a lump sum,"

the words "lists in the list whether or not this figure and" and the words "in the day, in the

which serves or has to submit a list of its income and expenditure of the

self-employment for the calendar year for which it is an overview of the

administered "shall be replaced by the words" to the end of the calendar month following the

the month in which it was filed "Overview.



37. In section 15 paragraph 2 to 4 shall be added:



"(2) If, after submission of the abstract referred to in paragraph 1, that the assessment

the basis for the pension insurance premiums and contribution to the State

employment policy is higher than that self employed

earner in the list referred to in paragraph 1, a person is self-employed

Active shall submit the appropriate District Social Security Administration

the patch list, and at the latest within 8 days from the date of such

change. In the list shall indicate the new amount of the tax base,

or, if the self-employed person is obliged to submit

tax return, a new level of income from self-employment and

expenditure incurred on their achievement, ensuring and maintaining, the amount of

the assessment base for insurance premiums to the pension insurance and contribution to the

State employment policy, which is the amount of the assessment base

shall not be less than the original amount of the base, the amount of insurance on the

pension insurance and contribution to the State employment policy,

the amount of the difference between the premiums to the pension insurance and contribution to

State employment policy, which has provided a patch list

pay and insurance and contribution, which paid for the calendar year,

for which an appeal is made, the overview and the lowest monthly assessment base

for the determination of advances on premiums. The appeal shall be made on form overview

for the submission of the list referred to in paragraph 1, where shall be indicated whether or not the reason for the

submission of amending the list. The amount of the difference on the insurance on the income

insurance and contribution to the State employment policy is the person

self-employed shall be obliged to pay the rest within 8 days from the date on which

or was supposed to be an overview of the appeal filed. The new amount of the lowest monthly

the assessment base for the determination of the advances on the premiums paid by

the calendar month in which the self-employed person appeal

Overview of filed or lodged.



(3) If, after submission of the abstract referred to in paragraph 1, that the assessment

the basis for the pension insurance premiums and contribution to the State

employment policy is lower than that which the person self-employed

earner in the list referred to in paragraph 1, a person may independently

self-employed, submit the relevant district management of social

security patch list. In the appeal shall indicate a new level of overview

the tax base, or, if it is not a self-employed person

required to submit a tax return, a new level of income from the separate

gainful activities and the expenses incurred for their achievement, to ensure

and retention, the amount of the assessment base for insurance on the income

insurance and contribution to the State employment policy, and the new

the amount of the chargeable amount may not be less than the original amount of the

the base, if the original amount of the base was intended in the higher than

the minimum amount, the amount of premiums to the pension insurance and contribution to the

State employment policy, the amount of the excess on the insurance on the
pension insurance and contribution to the State employment policy, if

overpayment due to the appeal of the abstract and the lowest

monthly assessment base for the determination of advances on premiums. Patch

the overview serves on the form for the submission of the list referred to in paragraph 1,

where the reason for the submission shall also be amending the list. If

the amount of the tax base will not constitute a self-employed person for

for minor self-employment participation on pension

insurance in the calendar year for which the appeal is made, the list may

along with an overview of weighting to apply for this insurance

calendar year for which the correction list serves. An appeal by overview

the first sentence can a self-employed person made within

the end of the third calendar month after the month in which the tax changes

the base or a new level of income and expenses from self-employment

She learned. An overview of the appeal shall be considered a request for repayment of overpayment;

When returning the excess proceeds under section 17. New above the lowest

the monthly assessment base for determining advances on the premiums paid by

the calendar month in which the self-employed person appeal

an overview of the.



(4) the information about the specified vyměřovacím base, that person

self-employed in the list referred to in paragraph 1 cannot be

subsequently amended, with the exception of amending the list referred to in paragraph 2, or

3. ".



38. In article 15, paragraphs 5 and 6 shall be deleted.



The present paragraph 7 shall become paragraph 5.



39. In section 15(2). 5 the second sentence, after the words "paragraph 2" shall be replaced

"or 3".



40. In § 15a paragraph 8 shall be deleted.



41. In article 16, paragraph 2 shall be deleted.



Paragraphs 3 to 5 shall be renumbered as paragraphs 2 to 4.



42. In section 16. 3, the words "paragraphs 2 and 3 ' shall be replaced by the words

"paragraph 2".



43. In section 16a, paragraph. 1 the second sentence, the words "the first to the last day of the

calendar month "shall be replaced by" 1. up to 20. day of the calendar

of the month following the calendar month ".



44. In section 16a is added at the end of paragraph 1, the phrase "the provisions of § 14 c

paragraph. 3 the second sentence applies in the case of the sentence of a third appropriately. Foreign

a staff member may, after consultation with the relevant district management

the security to pay the premiums on health insurance to more than

monthly period, but only in the future and until the end

of the calendar year. ".



45. In section 17(2). 2 the second sentence, the words ' set for decision on

the excess on the insurance, ^ 38) "shall be replaced by the words" set for release

the decision about the excess on the insurance, ".



Footnote No. 38 is hereby repealed.



46. In § 19 paragraph. 1 (a). and) (a). 2 (a). (b)), the word "relevant"

inserted the word "district" and the words "(articles 9 and 10)" shall be deleted.



47. In section 19, paragraph. 1 (a). (b)), the words "insurance, or" shall be replaced by the word

"premium," and after the words "this amount" shall be inserted after the word "or".



48. In § 19 paragraph. 3 the first sentence, after the word "account" is inserted after the word "district"

and after the word "communicate" with the word "district".



49. In section 19, paragraph. 3, 5 and 6, the words "social management" shall be replaced by the words

"the district administration of social".



50. In section 20 (2). 1, the words "paragraph. 9 "shall be replaced by the words ' paragraph 4 '. 8. "



51. In section 20 (2). 4 and 6, first sentence, after the words "competent" and "appropriate"

inserted the word "district".



52. In section 20, at the end of paragraph 5, the dot is replaced by a comma and the following

letter h) is added:



"(h)) was made an appeal in cassation against the decision of the regional court,

which was cancelled the decision of the Czech Social Security Administration about

the obligation to pay insurance premiums for the period from the date when the power came

the decision of the regional court, the eighth day after the date of entry into force

the decision of the Supreme Administrative Court of cassation complaints, if the due

premiums have been paid to this day; If within this period the due

the premiums paid, the penalty from the date of entry into force

the decision of the Supreme Administrative Court of cassation complaint. ".



53. In section 20a, paragraph. 2, the words "paragraph. 11 "shall be replaced by the words ' paragraph 4 '. 10. "



54. In section 20a, paragraph. 5, in the first sentence, the words "paragraph 6" shall be replaced by the words

"paragraph 4" and the second sentence shall be deleted.



55. In section 20a, at the end of paragraph 7, the following sentence "for the purposes of the payment of

unearned premiums and periodic penalty payments in instalments for the premium payer

also a former payer of insurance, which has debts against the

the District Social Security Administration or the Czech administration of social

Security. ".



56. In section 22a shall at the end of paragraph 3 the following sentence "the payment of insurance premiums on the

health insurance paid by a self-employed person

You cannot use referred to in paragraph 2, if the premiums have been paid on time

and in the correct amount. ".



57. Article 22b shall be added at the end of paragraph 2, the phrase "the amount referred to in the sentence

the third round of the entire Crown upwards. ".



58. In section 22b, paragraph. 3 the second sentence, after the words "security", the words

"the new decision ^ 22a)".



Footnote No. 22a is inserted:



"22a) section 101 of the Act No. 500/2004 Coll.".



59. Article 22b shall at the end of paragraph 3 the following sentence "the district administration

social security new decision ^ 22a) cancels the decision on

likely amount of insurance, if the self-employed person

shows that do not engage in gainful activity in the period

which was established the probable amount of the premium, or if

the employer proves that nezaměstnával even one employee in

the period for which the probable amount of the premium was established. ".



60. In Section 23b, paragraph. 3 the word "receipt" shall be replaced by the words "the period of entitlement

on the payment of "and the number" 3 "is replaced by" 14 ".



61. the footnote No. 31, including a reference to this footnote

shall be repealed.



Article. (IV)



Transitional provisions



1. the basis for the pension insurance premiums and contribution to the

State employment policy and monthly assessment base for backup on the

pension insurance premiums and contribution to State policy

employment for self-employed persons for the period prior to the

the year 2009 shall determine in accordance with the legislation effective from 1. January

2009.



2. For the determination of the amount of the advances on the premiums to the pension insurance and

contribution to the State employment policy in 2009 up to

the calendar month preceding the calendar month in which the person

self-employed filed or should provide an overview of revenue and

expenses from self-employment for the year 2008 shall apply

the legislation effective from 1. January 2009; the maturity of these backups is

governed by the regulations effective on 1 January. January 1, 2009. The provisions of the first sentence

does not apply to self-employed person, which initiated or

again launched performance self-employment after 31 December 2006. December

2008.



3. An overview of income and expenses from self-employment referred to in

§ 15 paragraph. 1 of Act No. 589/1992 Coll., on social

Security and contribution to the State employment policy, as amended by

amended, for the year 2008, made in accordance with the legislation of the

effective from 1. in January 2009.



4.



cancelled



5. A self-employed person, who is obliged to submit in 2009

an overview of income and expenses from self-employment pursuant to section

15 paragraph. 1 of Act No. 589/1992 Coll., on social security

and contribution to the State employment policy, as amended

the rules, for the previous calendar year and the list hasn't,

can the advance on premiums to the pension insurance and contribution to the State

employment policy to pay in the future only in accordance with the legislation of the

effective from 1. in January 2009, but only to the 30. June 2009; the amount of the

advances paid not to change.



6. Premium rates on health insurance for the period before 1. January

2009 shall be determined according to the law effective before that date.



PART THE FOURTH



The amendment to Act No 155/1995 Coll.



Article. In



Act No. 155/1995 Coll., on pension insurance, as amended by Act No.

134/1997 Coll., Act No. 289/1997 Coll., Act No. 218/1999 Coll., Act No.

18/2000 Coll., Act No. 118/2000 Coll., Act No. 132/2000 Coll., Act No.

220/2000 Coll., Act No. 116/2001 Coll., Act No. 188/2001 Coll., Act No.

353/2001 Coll., Act No. 198/2002 Coll., Act No. 263/2002 Coll., Act No.

264/2002 Coll., Act No. 362/2003 Coll., Act No. 424/2003 Coll., Act No.

425/2003 Coll., Act No. 85/2004 Coll., Act No. 281/2004 Coll., Act No.

359/2004 Coll., Act No. 436/2004 Coll., Act No. 562/2004 Coll., Act No.

168/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005 Coll., Act No.

24/2006 Coll., Act No. 109/2006 Coll., Act No. 189/2006 Coll., Act No.

264/2006 Coll., Act No. 267/2006 Coll., the finding of the Constitutional Court

declared under the No 405/2006 Coll., the Act No. 152/2007 Coll., Act No.

181/2007 Coll., Act No. 218/2007 Coll., the Act No. 261/2007 Coll., Act No.

296/2007 Coll. and Act No. 178/2008 Coll., is hereby amended as follows:



1. In section 5 (3). 1 letter u) including footnote No. 5e and 5f:
"u) persons after the termination of employment, which was their participation

on sickness insurance under special legislation, after ^ 5e)

the period of temporary incapacity, which nepřivodily

intentionally, if this temporary incapacity was established at the time of this

self-employment or in the withdrawal period according to a special legal

předpisu5e), after the quarantine period ordered under a special rule

code ^ 5f) at the time of this gainful activity or in the withdrawal period referred to in

special legal regulation ^ 5e), the duration of the support period for

ošetřovného and the duration of the support period for financial assistance in the

motherhood in the period before the birth,



5E) Law No. 187/2006 Coll., on sickness insurance, as amended

regulations.



5F) Act No. 258/2000 Coll., on the protection of public health and

some related laws, as amended. ".



2. In section 8 (2). 1 the first sentence, the words "regulation ^ 7), if it does not provide

otherwise in paragraph 3 ' shall be replaced by the word "prescription" ^ 5e) ".



Footnote 7 shall be deleted.



3. In article 8, paragraph 3 is deleted.



Paragraph 4 becomes paragraph 3.



4. In section 9 (2). 6 letter a) is added:



"and pursued an occupation) (paragraph 8, first sentence),".



5. In section 9 (2). 6 (a). (c)), after the words "post ^ 15b)" shall be replaced

"or on maternity or sick leave because of

pregnancy and childbirth, if these benefits are due, from sickness insurance

employees ".



6. In section 9 (2). 6 (a). (d)), after the words "occupation", the word "or" shall be inserted.



7. In section 9 (2). 6 (a). e), the words "(a). and), or "shall be replaced by the words

"(a). and) ".



8. In section 9 (2). 6 (f)) is repealed.



9. In section 9 (2). 7 the first and third sentence, the words "(a). (b) to (f))) "shall be deleted.



10. In section 9 (2). 7, the second sentence shall be deleted.



11. In section 9 (2). 8, the second sentence shall be deleted.



12. In section 9 (2). 8 the third sentence, the words "to (f))" shall be replaced by "to (e))"

the words "at the time of the abstract" are replaced by the words "to the end of the calendar

of the month following the month in which she gave an overview of ".



13. In section 10, paragraph 1. 2 the first and second sentence, the words "after the deduction of expenses

incurred on his achievement, ensure and maintain "shall be deleted.



14. In section 10, paragraph 1. 2, the fourth sentence is replaced by the phrase "for the receipt of

self-employment for the purposes of this Act, shall be deemed to

the tax base, self-employed persons designated pursuant to the Act on

premiums for social security and a contribution to State policy

employment ^ 17b). ".



Footnote No. 17b is inserted:



"17b) section 5b of the paragraph. 1 of Act No. 589/1992 Coll., as amended by Act No. 305/2008

SB. ".



15. In section 11 (1). 2 the first sentence, the words "in) to x)" shall be replaced by the words "and

in) "and the words" or received compensation for wages or reduced salary (reduced

reward) at the time the temporary incapacity (quarantine) according to the

specific legislation or ^ 17b) sickness insurance

replacing the loss of income "shall be replaced by the words", if it was I'm sorry

the reasons; I'm sorry for the reasons to consider the matters referred to in section 16.

4 second sentence of point (a). and) ".



Footnote No. 17b is hereby repealed.



16. In section 11 (1). 2 the third sentence, the words "and these persons are" are replaced by

the words "or a cooperative, and such persons were in that calendar month" and

"the Supervisory Board of the company" shall be inserted the words "or

cooperatives ".



17. In section 11 (1). 2, the fourth sentence is inserted after the sentence "If the persons

referred to in the third sentence of the pension, or because of the death of the

persons granted a widow's, widower's or orphan's pension, and when you return

This income was not counted under the third sentence of the period of insurance of

because of the payment of the premium, taking account of this time, only if the

the outstanding premiums paid for December of the calendar year in which it falls

the calendar month in which the premium was due to distribute, or

If the outstanding premiums paid for the last calendar month prior to the

granting the pension, for which the debt was owed to the company or business cooperative

insurance premiums, or for the last calendar month, in which the insured person

the person referred to in the third sentence; the premium due must be paid

not later than 3 years from the due date of this insurance. ".



18. In section 11 on the end of the text of paragraph 2, the words ", with the

the provisions of the third to fifth sentences this does not prejudice ".



19. In article 11, paragraph 4 shall be deleted.



20. In section 16. 4 second sentence of the letter a) is added:



"a) temporary incapacity, the beneficiary has not caused by

deliberately, if temporary incapacity was established no later than the

the last day of the trade deadline in special legal regulation ^ 5e)

the quarantine period ordered under special legislation ^ 5f), time,

After that it took the need treatment or care of a child under the age of 10 years

or another Member of the household under special legislation ^ 5e)

unless persons who do not qualify for ošetřovné, but not in the

the range of the first 9 calendar days necessary treatment or care,

where appropriate, the first 16 calendar days, in the case of the lone employee,

who is in the care of at least one child under the age of 16 years, which was not completed

compulsory school attendance, and the time before birth, after which it was not

pursued the activity due to pregnancy, however, as soon as possible from the

the start of the eighth week before the expected date of delivery until the date on which

immediately preceding the date of childbirth, ".



21. In section 16. 4 second sentence of point (a). (j)), the word "fifth" shall be replaced by

"the sixth".



22. In § 34 paragraph. 2 the third sentence, the words "temporary incapacity

(the inability to service) or in receipt of health insurance benefits "

shall be replaced by "referred to in section 16. 4 second sentence of point (a). and) ".



23. In section 65 paragraph 1 including the footnotes no 25a to 25 d is added:



"(1) full invalidity pension and a partial disability pension shall not be paid

After the period of payment of sickness and for the granting of refunds, wages, salary

or rewards ^ 25a) or reduced salary or the reduced remuneration (hereinafter referred to as

"replacement of wages") at the time of temporary incapacity or quarantine

If the date of total disability or partial disability falls within the

the period of temporary incapacity or quarantine that are the reason

payment of sickness or in receipt of the refund of wages. For the purposes of the first sentence

for the payment of sickness days shall be deemed, after which the sickness

not be paid for violation of the temporary scheme work failure

the insured person ^ 25b), and for receipt of the refund of wages shall be the first 3 days,

After that, the refund shall be paid wages ^ 25 c), and the days after that, the refund

wages does not provide for violation of the temporary scheme work failure

the insured person ^ 25 d).



§ 192 paragraph 25A). 1 the first sentence and article 194 of the labour code.



25B) section 125 of the Act No. 187/2006 Sb.



25 c) section 192 paragraph. 1 the second sentence of the labour code.



§ 192 paragraph 25 d). 5 of the labour code ".



24. In section 82a, the following paragraph 6 is added:



"(6) the provisions of the preceding paragraphs shall apply, mutatis mutandis, for the vdovecké

pensions. ".



25. In section 102a of the present text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the participation of the persons receiving sickness insurance (care)

replacing lost income after the end of the activity, which was based

sickness insurance, from which these benefits are paid before 1. January

2009 shall be assessed in accordance with the legislation in force before that date. ".



Article. (VI)



Transitional provisions



1. the procedure provided for in article. In point 17 shall also apply to payments to cover

premiums due after March 31. December, 2008, with respect to the payment of the debt to

the insurance, which arose before 1. in January 2009.



2. Increase of the income referred to in article vdoveckého. In paragraph 24, performs the first

income from payments due after 1. July 2006, if this request

the increase is made up of 30. June 2011.



3. in the case of self-employed persons referred to in section 9 (2). 3 (b). (d))

Act No. 155/1995 Coll., on pension insurance, in the version effective as from

date of entry into force of this Act, from the income from a separate

employment deducted pay for use of the same works, if the

second or additional license agreement to works prepared or carried out

before the 1. in January 2009, or if the license agreement has been concluded before 1 January 2002.

January 2009; However, this does not apply if the subject of a second or subsequent license

contract update works.



PART THE FIFTH



Amendment of the Act No. 99/1963 Coll.



Article. (VII)



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975

Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 283/1993 Coll., Act No. 117/1994

Coll., the Act No. 152/1994 Coll., the Act No. 216/1994, Coll., Act No. 84/1995

Coll., Act No. 118/1995 Coll., Act No. 160/1995 Coll., Act No. 237/1995

Coll., Act No. 247/1995 Coll., the finding of the Constitutional Court, declared under no.

31/1996 Coll., Act No. 142/1996 Coll., the finding of the Constitutional Court

declared under the no 269/1996 Coll., Act No. 202/1997 Coll., Act No.
227/1997 Coll., Act No. 15/1998 Coll., Act No. 91/1998 Coll., Act No.

165/1998 Coll., the Act No. 326/1999 Coll., Act No. 360/1999 Coll., the award

The Constitutional Court declared under no. 2/2000 Coll., Act No. 27/2000 Coll.

Act No. 30/2000 Coll., Act No. 46/2000 Coll., Act No. 105/2000 Coll.

Act No. 130/2000 Coll., Act No. 155/2000 Coll., Act No. 204/2000 Coll.

Act No. 220/2000 Coll., Act No. 227/2000 Coll., Act No. 367/2000 Coll.

Act No. 370/2000 Coll., Act No. 120/2001 Coll., Act No. 137/2001 Coll.

Act No. 231/2001 Coll., Act No. 273/2001 Coll., the finding of the Constitutional Court

declared under no. 276/2001 Coll., Act No. 317/2001 Coll., Act No.

451/2001 Coll., Act No. 491/2001 Coll., Act No. 501/2001 Coll., Act No.

151/2002 Coll., Act No. 202/2002 Coll., Act No. 227/2002 Coll., Act No.

309/2002 Coll., Act No. 320/2002 Coll., the finding of the Constitutional Court

declared under no. 476/2002 Coll., Act No. 88/2003 Coll., Act No.

120/2004 Coll., the finding of the Constitutional Court, declared under no 153/2004 Coll.

Act No. 237/2004 Coll., Act No. 257/2004 Coll., the Act No. 340/2004 Coll.,

Law No. 436/2004 Coll., Act No. 501/2004 Coll., Act No. 554/2004 Coll.

Act No. 555/2004 Coll., Act No. 628/2004 Coll., Act No. 59/2005 Coll.

Law No 170/2005 Coll., Act No. 205/2005 Coll., the Act No. 216/2005 Coll.

Act No 342/2005 Coll., Act No. 377/2005 Coll., Act No. 383/2005 Coll.

law no 413/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll.

Act No. 79/2006 Coll., Act No. 112/2006 Coll., Act No. 113/2006 Coll.

Act No. 115/2006 Coll., Act No. 133/2006 Coll., Act No. 135/2006 Coll.

Act No. 135/2006 Coll., Act No. 189/2006 Coll., the Act No. 216/2006 Coll.

Law No. 233/2006 Coll., Act No. 264/2006 Coll., Act No. 267/2006 Coll.

Act No. 308/2006 Coll., Act No. 315/2006 Coll., Act No. 296/2007 Coll.

Act No. 104/2008 Coll., Act No. 123/2008 Coll., Act No. 126/2008 Coll.,

Act No. 129/2008 Coll. and Act No. 259/2008, Coll., is hereby amended as follows:



1. In section 279 at the end of paragraph 2, the period is replaced by a comma and the following

the letters j and k)) are added:



"j) claims of the regression of the refund under the Act on sickness insurance,



to claim compensation, salary) salary or remuneration, and the reduced salary or

the reduced remuneration, provided for in the first period of 14 calendar days

temporary incapacity or quarantine. ".



2. In 299, paragraph. 1 (a). (f)), the words "with the exception of their increase for

helplessness, "shall be deleted.



3. In section 301, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



PART SIX



cancelled



Article. (VIII)



cancelled



PART SEVEN



The amendment to Act No 117/1995 Sb.



Article. (IX)



In § 40 paragraph. 2 of the Act No. 117/1995 Coll., on State social support, in

amended by law No 168/2005 Coll., Act No. 112/2006 Coll. and Act No.

134/2006 Coll., in the second sentence, after the word "insolvency", the words

"or ordered by the quarantine".



PART EIGHT



Amendment of the Act No. 220/1999 Coll.



Article. X



In section 81 of the Act No. 220/1999 Coll., on the progress of the base or replacement services

and military exercises and on certain circumstances soldiers in ambush,

paragraph 6 shall be added, which including a footnote No 26a is inserted:



"(6) Is a soldier who is an employee, recognized temporarily disabled

in the performance of a military exercise or an exceptional military exercises, and is

at the time of the temporary incapacity of the military exercise

released, he shall provide compensation for wages or salary of the military

Administrative Office. Refunds shall be granted in the same amount, in what it provides

the employer of the employees under a special legal regulation 26a ^ ^), and

from the release from military service after a period, after which it would

an employee is entitled to the benefits of sickness insurance. The refund is

provides and soldier, who is not involved sickness insurance; in these

cases, the calculation of compensation is based on the minimum wage.



26A) section 192 of the labour code ".



PART NINE



Amendment to Act No. 221/1999 Coll.



Article. XI



Act No. 221/1999 Coll., on professional soldiers, as amended by Act No.

155/2000 Coll., Act No. 129/2002 Coll., Act No. 254/2002 Coll., Act No.

309/2002 Coll., Act No. 362/2003 Coll., Act No. 546/2005 Coll., Act No.

189/2006 Coll. and Act No. 261/2007 Coll., is hereby amended as follows:



1. In section 68, paragraph. 3 (b). (c)), the words "does not provide a refund in the amount of salary"

replaced by the words "provides a refund in the amount of 25% of the salary".



2. In section 68, paragraph 3 shall be inserted after paragraph 4 and 5 are added:



"(4) a claim for the salary does not have a soldier that's intentionally induced

temporary inability to service. Reimbursement of salary at the rate of 50% belongs to

a soldier, if you brought a temporary inability to service



and due to the participation in a brawl); a brawl here means a mutual assault

or physical conflict of 2 or more persons,



(b) immediate effect), as a his intoxication or abuse of narcotic drugs

resources, or psychotropic substances, or



(c)) in committing an intentional crime or intentionally caused

of the offense.



(5) If a soldier in the period of the claim for compensation of salary in

the inability to service mode temporarily unable to work, the insured person may

be in view of the seriousness of the infringement compensation salary shall be reduced or

withdrawn. If already paid, shall be the amount paid for the

the overpayment, which is obliged to pay the refund payer soldier salary. ".



The current paragraph 4 shall become paragraph 6.



PART TEN



Amendment to Act No. 359/1999 Coll.



Article. XII



In § 46 paragraph. 4 Act No. 359/1999 Coll. on social and legal protection of children,

in the wording of Act No. 135/2006 Coll., for the word "incapacity" shall be

the words "or ordered by the quarantine".



PART ELEVEN



Amendment of the Act No. 133/2000 Coll.



Article. XIII



Act No. 133/2000 Coll., on registration of the population and the social security numbers and amending

Some laws (law on the registration of inhabitants), as amended by law No. 2/2002

Coll., Act No. 320/2002 Coll., Act No. 53/2004 Coll., Act No. 501/2004

Coll., Act No. 444/2005 Coll., Act No. 68/2006 Coll., Act No. 115/2006

Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll., Act No. 189/2006

Coll., Act No. 342/2006 Coll. and Act No. 239/2008 Coll., is hereby amended as follows:



1. In section 14 (a). d) point 3, section 16 (a). (e)), section 17a, paragraph. 3 the second sentence and article

olive growers. 4, the third sentence, after the words "the Czech administration of social

the security of ", the words" or District Social

Security ".



2. In section 17a, paragraph. 4 the second sentence, after the words "the Czech administration of social

the security of ", the words" or District Social

Security "and the words" Czech social security administration "

the words "or District Social Security Administration".



3. In section 17a, paragraph. 5, after the words "the Czech social security administration"

the words "or District Social Security Administration", and the words

"The Czech administration of social security" shall be inserted the words "or district

the social security scheme ".



PART OF THE TWELFTH



cancelled



Article. XIV



cancelled



PART THIRTEEN



Amendment to Act No. 361/2003 Coll.



Article. XV



Act No. 361/2003 Coll., on the service of members of security

choirs, as amended by Act No. 186/2004 Coll., Act No. 436/2004 Coll., Act

No 586/2004 Coll., Act No. 626/2004 Coll., Act No. 169/2005 Coll., Act

No 253/2005 Coll., Act No. 413/2005 Coll., Act No. 530/2005 Coll., Act

No 189/2006 Coll., Act No. 531/2006 Coll. and Act No. 261/2007 Coll.,

amended as follows:



1. In article 124, paragraph. 5 (a). and) income does not provide "be replaced by

the words "income during incapacity does not provide the service and when ordered

the sandbox provides a 25% ".



2. In section 124 shall be added to paragraph 12 and 13 shall be added:



"(12) the entitlement to business income does not have a member who's inability to

the service is deliberately induced. Business income in the amount of 50% belongs to

Member, if brought to the service's inability to



and due to the participation in a brawl); a brawl here means a mutual assault

or physical conflict of 2 or more persons, or



(b) immediate effect), as a his intoxication or abuse of narcotic drugs

resources, or psychotropic substances.



(13) If a member, in the period of entitlement to the business income

When the inability to service mode temporarily unable to work, the insured person

He may be in view of the seriousness of the violation of this mission mode

intake reduced or withdrawn. If it has already been paid, shall be paid to the

the amount of the overpayment, which is obliged to pay the Bill-national

staff income. ".



3. In article 163, paragraph. 1, the words "or entitlement to the payment of benefits

sickness insurance ' shall be deleted.



PART OF THE FOURTEENTH



The amendment of Act No. 189/2006 Sb.



Article. XVI



Law No. 189/2006 Coll., amending certain laws in connection with the

the adoption of the law on sickness insurance, as amended by Act No. 585/2006

Coll., the Act No. 152/2007 Coll., Act No. 153/2007 Coll. and Act No.

261/2007 Coll., is hereby amended as follows:



1. In article. (I) point 2 shall be deleted.



2. In article. XIII, 9 points, 54 to 56, 112 and 135 shall be deleted.



3. In article. XXI, point 21, the words "paragraph. 1 sentence of third and "are deleted.



4. In article. XXI, points 22 and 60 shall be deleted.



PART FIFTEEN



The amendment of Act No. 262/2006 Coll.



Article. XVII
Act No. 262/2006 SB., labour code, as amended by Act No. 585/2006 Coll.

Act No. 181/2007 Coll., the Act No. 261/2007 Coll., Act No. 296/2007 Coll.

Act No. 362/2007 Coll., the finding of the Constitutional Court, declared under no.

116/2008 Coll., Act No. 121/2008 Coll. and Act No. 126/2008 Coll., amended

as follows:



1. In section 192 paragraph. 1 the word "(quarantine)" shall be replaced by the words "or

quarantine ".



2. In section 192 paragraph. 1 at the end of the second sentence, the words "temporary

inability to work ".



3. In section 192 paragraph. 2 the first sentence, after the words "the responsibility", the words "in the

the amount of 25% of the average earnings for the first three days of the quarantine and ".



4. In section 192 paragraph. 2 at the end of the first sentence, the words "from the 4. of the day

temporary incapacity or quarantine ".



5. In section 192 paragraph. 3, the words "or quarantine ' shall be deleted.



6. In section 347, paragraph. 4, after the words "also includes" words

"isolation ^ 99b) and".



Footnote No 99b:



"99b) § 2 (2). 5 of the law No. 258/2000 Coll., on the protection of public health and

amending certain related laws. ".



Footnote No 99b is referred to as a footnote

No. 99 c, including the reference to the footnote.



PART SIXTEEN



The amendment of Act No. 54/1956 Coll.



Article. XVIII



Act No. 54/1956 Coll., on sickness insurance of employees, as amended by

Act No. 16/1959 Coll., Act No. 58/1964 Coll., Act No. 65/1965 Coll.,

Act No. 67/1965 Coll., Act No. 87/1968 Coll., Act No. 88/1968 Coll.,

the legal measures of the Bureau of the Federal Assembly no. 8/1982 Coll.,

Act No. 73/1982 Coll., Act No. 148/1983, Coll., Act No. 108/1984 Coll.,

Act No. 51/1987 Coll., Act 110/1990 Coll., Act No. 180/1990 Coll.

Act No. 306/1991 Coll., Act No. 550/1991 Coll., Act No. 582/1991 Coll.,

Act No. 235/1992 Coll., Act No. 589/1992 Coll., Act No. 37/1993 Coll.

Act No. 160/1993 Coll., Act No. 308/1993 Coll., Act No. 182/1994 Coll.

Act No. 241/1994 Coll., Act No. 118/1995 Coll., Act No. 160/1995 Coll.,

Act No. 113/1997 Coll., Act No. 61/1999 Coll., Act No. 18/2000 Coll.

Act No. 132/2000 Coll., Act No. 238/2000 Coll., Act No. 309/2002 Coll.

Act No 420/2002 Coll., Act No. 362/2003 Coll., Act No. 421/2003 Coll.

Act No. 424/2003 Coll., Act No. 359/2004 Coll., Act No. 436/2004 Coll.

Law No 168/2005 Coll., Act No. 361/2005 Coll., the Act No. 261/2007 Coll.

and the finding of the Constitutional Court, declared under no 166/2008 Coll., amended

as follows:



1. In section 15(2). 3 the first sentence, after the words "from the" Word

"the first".



2. In section 16 of the first sentence, the words ", if the quarantine longer than 3

calendar days "are deleted.



3. In section 17(2). 2 the following point), which read:



"and 25%) daily assessment base from 1. the calendar date of the work

incapacity or quarantine to 3. the calendar date of the work

incapacity or quarantine ".



Letters and) to c) is renumbered as subparagraph (b)) to (d)).



4. In section 17(2). 2 (a). (b)) for the word "basis", the words "from the 4.

the calendar day of the incapacity or quarantine ".



Article. XIX



The transitional provisions of the



If the temporary incapacity arose or quarantine was ordered

before the 1. September 2008 and lasts even after 31 December 2006. August 2008, after 31 December 2006.

August 2008 in the amount of sick leave in accordance with the legislation effective on the date of

August 31, 2008.



PART SEVENTEEN:



Amendment of the Act No. 32/1957 Coll.



Article. XX



Law No 32/1957 Coll. on health care in the armed forces, in the text of the

Law No 58/1964 Coll., Act No. 87/1968 Coll., Act No. 98/1971 Coll.

the legal measures of the Bureau of the Federal Assembly no. 8/1982 Coll.,

Law No. 109/1984 Coll., Act No. 180/1990 Coll., Act No. 37/1993 Coll.

Act No. 154/1993 Coll., Act No. 308/1993 Coll., Act No. 143/1994 Coll.

Law No. 182/1994 Coll., Act No. 118/1995 Coll., Act No. 113/1997 Coll.,

Act No. 61/1999 Coll., Act No. 222/1999 Coll., Act No. 247/1999 Coll.

Act No. 238/2000 Coll., Act No. 420/2002 Coll., Act No. 362/2003 Coll.

Act No. 421/2003 Coll., Act No. 186/2004 Coll. and Act No. 261/2007

Coll., is hereby amended as follows:



1. In section 16, paragraph 2, the following paragraph 3 is added:



"(3) Sickness belongs also the soldier of occupation or residence

the Security Corps, which was recognized by the invalid service, in the period

the first 3 calendar days of incapacity to service. ".



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



2. In the introductory part of the provisions of section 18, the word "day", the words ",

It belongs to sick leave in accordance with § 16. 1 and 2 ".



3. In section 18 of the present text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the amount of sickness per calendar day, belongs to sick leave pursuant to section

16. 3 shall be 25% of the average amount per calendar day

3. the calendar day the inability to service. ".



PART EIGHTEEN



The amendment to Act No 236/1995 Sb.



Article. XXI



Act No. 237/1995 Coll., on salary and other terms associated with the

the performance of the functions of State power and some of the representatives of State authorities and

judges and members of the European Parliament, as amended by Act No. 138/1996

Coll., Act No. 287/1997 Coll., Act No. 155/2000 Coll., Act No. 231/2001

Coll., Act No. 309/2002 Coll., Act No. 420/2002 Coll., Act No. 362/2003

Coll., Act No. 427/2003 Coll., Act No. 49/2004 Coll., Act No. 359/2004

Coll., Act No. 626/2004 Coll., Act No. 127/2005 Coll., Act No. 361/2005

Coll., Act No. 388/2005 Coll., Act No. 189/2006 Coll., Act No. 531/2006

Coll., Act No. 181/2007 Coll. and Act No. 261/2007 Coll., is hereby amended as follows:



1. In section 34 paragraph. 4, the first sentence, the words "which is not for a salary" shall be replaced by

the words "that temporary incapacity is not for salary and

ordered quarantined salary provides at a reduced rate of 25%. "



2. In article 34, paragraph. 4 in the second part of the sentence for a semicolon, the word

"the (quarantine)" shall be replaced by the words "and in the period of the first 3 calendar days

ordered by the quarantine is the responsibility for each calendar day in the reduced amount, and

It's in the amount of 25% of one-thirtieth the salary ".



PART OF THE NINETEENTH



Amendment of the Act No. 128/2000 Coll.



Article. XXII



In section 73, paragraph. 4, the first sentence of the Act No. 128/2000 Coll., on municipalities (municipal

the establishment), as amended by the Act No. 261/2007 Coll., the words "or the quarantine

does not belong "is replaced by" does not belong, for the first 3 calendar days

quarantine belongs to a monthly remuneration for each calendar day in the amount of 25% of the

one-thirtieth of the monthly remuneration ".



PART TWENTY-



Amendment to Act No. 129/2000 Coll.



Article. XXIII



In section 48, paragraph. 3 the first sentence of the Act No. 129/2000 Coll., on the regions (regional

the establishment), as amended by the Act No. 261/2007 Coll., the words "or the quarantine

does not belong "is replaced by" does not belong, for the first 3 calendar days

quarantine belongs to a monthly remuneration for each calendar day in the amount of 25% of the

one-thirtieth of the monthly remuneration ".



PART OF THE TWENTY-FIRST



Amendment of the Act No. 131/2000 Sb.



Article. XXIV



In section 53, paragraph. 4 of law No. 131/2000 Coll., on the capital city of Prague, in the text of the

Act No. 261/2007 Coll., the words "or quarantine does not belong" is replaced by

the words "does not belong, for the first 3 calendar days quarantine belongs to a monthly

remuneration for each calendar day in the amount of 25% of one-thirtieth of the monthly

the rewards ".



PART TWENTY-TWO



The EFFECTIVENESS of the



Article. XXV



This law shall enter into force on 1 January 2005. in January 2009, with the exception of the provisions

article. (II) points 29, 36, 43, 50 and 51, article. (III) point 16, 41, 42, 45, 46, 48,

49, 51, 52, 58 and 59, article. In paragraph 24 and article. Vi, paragraph 2, which shall take

effect on the date of its promulgation, and the provisions of article. XVIII to XX, which

shall take effect on 1 January 2005. September 2008.



Vaidya in the r.



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