Proposal To Repeal Article I, Para. 122 And Art. Vi, Sec. 6 Of The Amendment Zp

Original Language Title: Návrh na zrušení čl. I bodu 122 a čl. VI odst. 6 novely ZP

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=43098&nr=164~2F1995~20Sb.&ft=txt

164/1995 Coll.
FINDINGS


Czech Constitutional Court
On behalf of the Czech Republic


The Czech Constitutional Court decided on 24 May 1995 in plenary on the draft
group of 66 deputies of the Parliament of the Czech Republic
the annulment of Article I, para. 122 and Art. VI, Sec. 6 of the Act no. 74 / 1994
Coll. amending and supplementing the Labour Code no. 65/1965 Coll., as amended
amended, and certain other laws,

Follows:

Suggestion to the date 1. 6. 1994 repealed the provisions of Article I, para. 122
Act no. 74/1994 Coll., Amending and supplementing the Labour Code no. 65/1965
. , as amended, and certain other acts, which have been
of § 195 paragraph. 1 second sentence of the Labour Code launched
words "to increase pensions granted under these regulations," rejecting.

Day 1. 10. 1995 repealed the provisions of Article. VI, Sec. 6 of the Act no. 74/1994
Coll. Amending and supplementing the Labour Code no. 65/1965 Coll., As amended
amended, and certain other laws; the remainder, if
was proposed retroactive repeal of this provision on 1 6th 1994, dismissed
proposal.
Reason


I.

On 20 12 1994 the Constitutional Court received a petition from a group
66 deputies of the Parliament of the Czech Republic dated 8. 12. 1994, in which
undersigned deputies, with reference to the provisions of Article. 87. 1 point.
) Of the Constitution of the Czech Republic (hereinafter "Constitution") and § 70 of Act no. 182/1993
Coll., On the Constitutional Court, contend that the Constitutional Court judgment annulling the day
first June 1994 Article I, para. 122 of Law no. 74/1994 Coll., which
amending and supplementing the Labour Code no. 65/1965 Coll., as amended
amended, and certain other acts, which have been in § 195 paragraph. 1
second sentence of the Labour Code removed the word "increase the pensions granted
under these regulations" and the provisions of Article. VI, Sec. 6 of the Act
because these provisions are, in the opinion petitioners
contrary to the provisions of Art. 1 of the Constitution, the provisions of Art. 1, Art. 3, paragraph. 1, Art. 29
paragraph. 1 and Art. 30 paragraph. 1 of the Charter of Fundamental Rights and Freedoms (
"Charter"), conventions of the International Labour Organisation (hereinafter "ILO") No.
12, 17 and 42 of the Employment Injury Benefits and occupational diseases as
provisions of Article. 19 paragraph. 8 ILO Constitution.

From the stenographic report of the 17th session of the Parliament of the Czech Republic
, held from 22 to 24 March 1994, that the law no. 74/1994 Coll
. He was at the meeting received the necessary majority of deputies
meaning of Article. 39 paragraph. 1 and 2 of the Constitution. This Act came into effect on 1
6th 1994 (with the exception of Article I, para. 90, which came into effect on 1 9th
1994 and Art. VII, paragraph 7, which became effective on 1 1, 1995) and was published in part
23 / 1994 Sb. distributed on 29. 4. 1994. Thus
condition admissibility of the claim under § 66 para. 1
Act no. 182/1993 Coll.

II.

According to § 42 par. 3 and § 69 of Act no. 182/1993 Coll.
sent to the Constitutional Court to initiate proceedings
Chamber of Deputies of the Czech Republic, in which written comments on the content of the proposal, signed by Dr.
. Milan Uhde, in essence, that when
discussion of the draft amendment to the Labour Chamber of Deputies, which
was later published in the Collection of Laws under no. 74/1994, filed
deputy J. Němčík proposal to eliminate
inconsistencies resulting from the proposed modification. In that proposal, the amendment was recommended to abolish restrictive limits
yet the amount of compensation for loss of earnings after termination of incapacity
the staff member
because of a work injury or occupational disease, on the grounds that employees || | to be paid actual damage. However, this proposal did not allow
simultaneously remove some of favoring some injured workers
based on the fact that, in calculating the compensation for loss of earnings in accordance with §
195 of the Labour Code did not reflect increases in disability pensions.
To eliminate this discrepancy therefore recommended in § 195 paragraph. 1
second sentence of the Labour Code delete "to increase pensions granted
by these regulations." In a debate against this proposal
nobody came forward, and the vote this amendment is adopted by a vote
102 for, 34 against and 39 abstentions.
According to this statement must also be taken into account, they are progressively indexed

Only disability pensions granted due to occupational injury or illness
professional, but also the average earnings before the damage occurred, of which
compensation for loss of earnings determined. The statement further notes that
Act no. 74/1994 Coll. was adopted by the necessary majority of deputies and
legislature therefore acted in the belief that the law is
in accordance with the Constitution and our legal order.

Ministry of Labour and Social Affairs in response to the petition to annul the contested provisions
which the Constitutional Court requested, stresses that the new legislation
consistently upholds the principle of compensation for actual damages, which
employees resulted from work injury or occupational disease.
Damaged therefore receives in compensation for loss of earnings, along with earnings
and eventual disability pension as much as did his
average earnings before the damage occurred. The new legislation thus ensures equal status
all victims who receive compensation for loss of earnings after termination of incapacity
, regardless of whether the title
work accident or occupational disease receive disability respectively.
Partial disability pension or not.
Recipients of disability pension were favored by the previous rules, because in fact they received a
increase the amount of disability pension more than the average of their
earnings before the damage occurred, this increase was also among the beneficiaries of a disability pension
vary according to the disability pension was granted
injured - the sooner the invalidity pension is granted, the higher was his
increase.

As regards the increase of compensation for loss of earnings after termination of incapacity
, points out in a statement that the increase is not bound
obligation to raise these indemnities in 1: 1 ratio to average wage growth in | || national economy. Indexation average earnings
applicable to the calculation of compensation for loss of earnings while to implement and respond to
average wage growth in the national economy. Changes to the provisions of § 195
Labour Code made by Act no. 74/1994 Coll., Do not favor
employer or employee, as the injured employees are paid
real damage. Law no. 74/1994 Coll. Indeed
were also abolished limits to the amount of damages (referred to in § 195 paragraph. 2
Labour Code, in force before 1 June 1994), and employers are burdened
contrary indexation of compensation for loss of earnings.
The employer is obliged to provide compensation only in the event that an employee who
suffered an accident at work or with whom the occupational disease of
therefore no loss of earnings incurred. It must be in accordance with the opinion of the Ministry
keep in mind also that the compensation for loss of earnings after
incapacity is just one of the types of compensation to employees injured
belonging and purpose of the compensation is to replace employees
loss of earnings, which was after working
incapacity or disability in recognition of the reasons
industrial accident or occupational disease occurred.

Czech Statistical Office provided upon request to the Constitutional Court
table overviewing the development of the average monthly wage of employees of the national economy by
basic industry for the period 1980-1993, from
which showed that during that period in each year
the average monthly wage is represented by the following amounts (in crowns, respectively. CZK): 2656,
2699, 2765, 2822, 2875, 2920, 2964, 3026, 3095, 3170, 3286, 3792, 4644 || | 5817th and estimated that the office was established average monthly wage for
1994 in the amount of CZK 6896. These data were used to compare with the development
average earnings indexation applicable to the calculation of compensation for loss of earnings
after incapacity.

III.

Labour liability for damages in our legal system based on the principle
compensation for actual damages, a whole caused actual harm.
On this principle is based also responsible for damage during work
injuries and occupational diseases. By this principle of compensation
actual damages must be based within the interpretation and assessment
amended provisions of § 195 paragraph. 1 of the Labour Code regarding his alleged
unconstitutional. Labour Code no. 65/1965 Coll., Which came into effect on
first in January 1966, stated that workers who have suffered an accident at work or

Which has been an occupational disease, the organization is obliged, in
extent to which responsible for the damage, in addition to provide further compensation
(pain, loss of amenity and reasonable costs associated with treatment
and damage to property) as well as compensation for loss of earnings (§ 193
Labour Code). In § 195 of the Labor Code lawmaker
further specified that compensation for loss of earnings after the close of business
incapacity or recognition of the full or partial disability is granted
workers in such an amount that, together with its earnings after work
injury or an occupational disease, plus any
disability pension or partial disability pension, provided the same
reason, equaled his average earnings before the accident at work or
before finding an occupational disease or . the revised version according
amendment no. 153/1969 Coll., still in force, before the onset of damage caused
work injury or occupational disease. At the same time did not take into account the increase
disability pension for incapacity or to reduce it by
social security provisions. The amount of compensation for loss of earnings after termination of incapacity
same time was limited and was not allowed, together with
earnings and possible disability pension, exceed the sum of 2,500 crowns a month
. For workers with average earnings higher than 2500 crowns this
amount increased by 50% the difference between the earnings and the amount of 2,500 crowns.
The provisions of § 202 paragraph. 2 of the Labour Code, then the government of Czechoslovakia empowered
agreement with the Central Council of Trade Unions, given the changes that have occurred in the development
wage levels to adjust the conditions, amount and method of compensation.

Because of nominal wage growth started amount of compensation for loss of earnings after
incapacity lag behind wage developments, as the government of Czechoslovakia
average earnings decisive for the calculation of compensation for loss of earnings
after sick leave valorizovala first
up in 1976 by Regulation no. 138/1976 Coll., on some
compensation for loss of earnings after termination of incapacity caused
work injury or occupational disease. Especially after the adoption of the Law no.
121/1975 Coll., On Social Security, who has previously
increase pensions granted, then the general courts began to hear cases
employees - beneficiaris full (partial) disability pension
provided due to an occupational injury or occupational disease - for which
due to increased disability pension by the employer
increase income, reduce the amount of compensation for loss of earnings.
Different jurisprudence of the courts in these actions united the Supreme Court of Czechoslovakia
opinion of its Civil Committee dated 13. 12. 1977 Cpj
167/77 (see Bulletin 2/1978 NS, RC 37/77), which expressed that when calculating
compensation for loss of earnings after termination of incapacity
according to § 195 paragraph. 1 of the Labour not take into account the amount by which it was
disability or partial disability pension increased by Law || | No. 121/1975 Coll. This increase, according to the opinion, can not be
nor for substantial change in circumstances on the part of the victim within the meaning of § 202
paragraph. 1 of the Labour Code. Its opinion to justify the Supreme Court of Czechoslovakia
political directive to the five-year plan for the development of the national economy for the years 1971-1975
imposing task of social policy -
increase proportionally with the growth of national income and living standard of people who || | not participate in the work process. He referred to the preamble and § 1
paragraph. 6 of the Act no. 121/1975 Coll. emphasizing social program
strengthening of social security of citizens, whose manifestation is the growth of living standards
workers by increasing paid (previously reported) pensions. When
curfew on the purpose and meaning of these provisions because it was not possible, according
Supreme Court of Czechoslovakia, to take account of the amount by which the
a disability or partial disability pension increased because workers
damage accident at work or occupational diseases would these advantages
not participate, but would have benefited from the organization responsible for the damage caused
work injury or occupational disease.

This view is also expressed legislatively then CSSR Government Regulation no.
138/1976 Coll., In § 2 para. 2, which explicitly stated that an increase
a disability or partial disability pension under the rules O

Social Security in the calculation of compensation for loss of earnings
disregarded. This legislation was then projected by Act no. 188/1988 Coll
. Amending and supplementing the Labour Code, as well as the text of § 195 of the Code
work. Her goal was at an insufficient level of indexation of average earnings
applicable to the calculation of compensation for loss of earnings, keep
level wage compensation in relation to a nominal increase of the average wage in the national economy
. Such legislative solution but penalize those
damaged, which due to an occupational injury or occupational disease
been awarded a disability or partial disability pension. It was therefore
systemic measures, but only workaround
inadequate indexation of wages applicable to the calculation of compensation for loss of earnings.
The clarity of the legislative embodiment of courts in the text
Act, while limiting the judge discretion in terms of determining the amount of compensation
damages, ie. The compensation, based on the principle of compensation
actual damage and its consistent respect .

Amendment to the Labour Code of 1994, by Act no. 74/1994 Coll
., Launched from § 195 paragraph. 1, the words "to increase pensions
granted under these regulations" (ie. The aforesaid increase so when
calculating the compensation for loss of earnings now disregarded) and returned
way to legal status prior to 1 1, 1989. at the same time, however, was that law
as discussed below, the lifting of restrictive limitations to
then the amount of compensation which, together with the earnings and disability pension
could not exceed the prescribed amount. The amended arrangement and therefore comes with
all victims, even those who do not receive disability respectively.
partial disability pension, or high income, the principle of compensation for actual damages
loss of earnings, helped also currently applied method of indexation
average earnings decisive for the calculation of compensation for loss of earnings
. Deputies draft amendment refers to § 195 paragraph. 1
Labour Code as unprecedented government intervention in favor
employers. This assertion, however, with regard to the above mentioned reasons
we can not agree and so can not agree with the petitioners nor the fact that
nonpayment of rent or part thereof after June 1, 1994 were
employers, respectively. other bodies responsible for unjust enrichment
within the meaning of § 451 et seq. Civil Code. At this point it should also
pointed out that it is a broader problem arising from the fact that since
1956 (Act no. 54/1956 Coll. And no. 55/1956 Coll.) Up to currently
in our legal system compensation for work injuries constructed so that
compensation costs are largely covered by the social security and health insurance
(formerly social security) and the only remaining part is the
form of damages paid by the employer.
While changing the entire system of social and health insurance, where the
payment of premiums and employees involved, the indemnification obligation
should lie in the increasing rate of employer and it should therefore crucially this
indemnification obligation resting. It is therefore a
broader question requiring a legislative solution to this whole area, which can not be solved
respectively. replacing partially.

The amended text of the Labour Code, effective from 1. 6. 1994 launched a 195 §
also the entire paragraph 2, which also laid emphasis on the principle of compensation
actual damages. The wording of this paragraph has been compared with the original text
Labour Code of 1965 already amended by Act no. 188/1988 Coll
., Which was limiting the amount of compensation for loss of earnings tempered
so that the application limit occurred after a period of 12 months
providing this compensation, while for workers whose earnings before
occurrence of the damage was greater than 3000 crowns, the amount exceeding that limit
counted only 75%. Workers injured
work injury or occupational disease was therefore not a result of limitations in cases
earnings higher than that threshold, paid for actual damage, but the damage
lower. Amendment to the Labour Code of 1994 was therefore
deletion of paragraph 2 of § 195 limitation of compensation in full abolished.

The overall assessment of the level of compensation for loss of earnings after
incapacity caused by work injury or occupational disease

It is useful to compare the extent to which performed above average indexation
earnings decisive for the calculation of such refunds (according to § 202 paragraph. 2
Labour Code) corresponds to the development of wages in the national economy for the comparable period
so, as observed from a report by the Czech statistical Office
, ie whether and to what extent, the revised version of the Labour Code
material respects during such reimbursement principle
compensation for actual damages. Indexation average earnings decisive for the calculation
compensation for loss of earnings are determined by the law:

- CSSR Government Regulation no. 138/1976 Coll.

- CSSR Government Regulation no. 60/1982 Coll.

- Law no. 297/1991 Coll.

- Government Regulation no. 191/1993 Coll.

- Government Regulation no. 263/1994 Coll.

CSSR Government Regulation no. 138/1976 Coll. and no. 60/1982 Coll. and Act no. 297/1991 Coll
. valorizovaly gradually earnings decisive for the calculation of compensation
for loss of earnings by 2% for each calendar year after the claim
to 1989 inclusive. According to the Act no. 297/1991 Coll. then stood for indexation
calendar year 1990 and 5% for the first half of 1991 also 5%.
Government Regulation no. 191/1993 Coll. valorizovalo earnings decisive for the calculation of compensation for
II. half of 1991 by 18.5% for the first half of 1992 by 5% for II.
Half of 1992 and 20% for the first half of 1993 by 10%. Last indexation
conducted by Government Decree no. 263/1994 Coll.
significantly increased earnings decisive for the calculation of compensation by 30%, but with limitations applicable
increase in earnings up to an amount up to 13 000 CZK gross. (This last
government regulation was issued on 7 12th 1994 and instituting the proceedings,
which is dated the 12th day of the 8th, 1994, is quoted.)

A comparison of the development of the average monthly wage of workers in the national economy
raising compensation for loss of earnings, undertaken
gradually cited government regulations, one can conclude that indexation
average earnings decisive for the calculation of compensation for loss of
earnings reflect the evolution of the average wage in the national economy.

Repeal the capping of compensation paid (§ 195 paragraph. 2 of the Labour Code) and the launch
obligation stipulating that the increase awarded disability,
respectively. partial disability pensions, in determining the amount of compensation
disregarded (§ 195 paragraph. 1 second sentence of the Labour Code)
is a revised version of the Labour Code reinforced the principle of compensation for actual damages
.

IV.

The Constitutional Court decides in accordance with Article. 87 paragraph. 1 point. a)
Constitution on the abolition of laws or their individual provisions if they are inconsistent with
constitutional law or international treaty under Art. 10 of the Constitution.
International treaties under Art. 10 of the Constitution refers only
ratified and promulgated international treaties on human rights and fundamental freedoms
, which the Czech Republic is bound.
These international treaties are then immediately binding and take precedence over
law, therefore, when conflict between the contract and the law valid contract.

In the group of Deputies indicated several international treaties:

- With which the text of Article I, para. 122 of Law no. 74/1994 Coll.
Designed to launch the petitioners' opinion contrary (ILO Convention.
12, 17 and 42 on compensation for industrial accidents and occupational diseases and
ILO Constitution)

- Or used as an interpretive tool (Declaration on the progress and development
social and ILO Constitution).

In terms of assessing the issue is relevant ILO Convention no. 17 on
compensation for work injuries (notification no. 437/1990 Coll.). ILO Convention.
42 (notification no. 438/1990 Coll.), In essence making a commitment
State party to provide persons affected by any of the occupational diseases
compensation not lower than that in the state indemnity | || occupational accidents (Art. 1 of the cited Convention), and ILO Convention no. 12 (communication
no. 437/1990 Coll.) essentially only provides an extension of benefits when
compensation for injuries in the industry also agriculture. The content of ILO Convention No.
. 17 is then evident that the right to compensation (a doctor)
may alternatively be met by either the employer or accident, sickness or disability
insurance (Art. 6, 9, 10, 11, cited
Convention) this convention, however, the question of the extent of compensation, namely the amount
annuities provided for permanent incapacity damaged

Employees to employment and does not solve nor
no guidelines or principles for determining this range. Under that condition where neither
of ILO Conventions, of which the proposal to commence proceedings mentions does
extent of compensation, nor the principles for its determination, yet admits
compensation and someone other than the employer,
content can not deduce a contradiction proposal of deputies of the contested provisions of Act No.
. 74/1994 Coll. with those conventions, then, notwithstanding the fact that these conventions
according to the internal classification of the ILO Convention is not classified as a basic
human rights and freedoms and can not therefore be considered
international treaty within the meaning of Article. 10 of the Constitution. (In this regard the Constitutional Court refers
to the position adopted in the cases registered under file no. Nos. Pl. US 36/93 and
Pl. US 13/94). According to the Constitutional Court can not be inferred rift | || that provision of the Constitution of the ILO. Sense of Art. 19 Sec. 8 of the Constitution of the ILO,
which the draft refers deputies, the proposal will semantically shifted.
Text of this article states that "in no case will not be applied to any member
that due to the adoption, recommendations and ILO conventions diminished
protection already provided by the Legislature." It is therefore essentially the
internationally accepted principle that the ratification of international treaties
not affect more favorable rights, protections and conditions provided and guaranteed
domestic legislation.

Proposal Deputies also alleges a conflict amended provisions of § 195 paragraph. 1
Labour Code Art. 1 of the Constitution and the provisions of Art. 1, Art. 3. 1
Art. 29 paragraph. 1 and Art. 30 paragraph. 1 of the Charter of Fundamental Rights and Freedoms:

- Art. 1 of the Constitution stipulates that the Czech Republic is a sovereign, unitary and democratic state of law
founded on respect for the rights and freedoms of man and citizen
. Deputies proposal in this regard argues that
amended version of § 195 paragraph. 1 of the Labour contradicts the defining characteristics
rule of law, and the principles of legal certainty and the protection of acquired rights and the protection
citizens' confidence in law. The principle of legal certainty as a pivotal character, and
presumption of law in itself subsumes the particular
effective protection of the rights of legal entities and predictability of the state and its authorities towards
legal entities, particularly as regards the application of sanctions
if the legal entity violated the law. The principle of legal certainty
not this amendment to the Labour Code is concerned, because the new regulation is based on emphasizing
compensation for actual damage, consisting in a loss on earnings
- and she just compensation and only represents an acquired right - and provides
thus effectively protect the rights of the injured party.
Principle of protection of acquired rights, in other words inadmissibility withdrawal
acquired rights, closely following the legal certainty derived from the ban
retroactivity of laws is strictly respected by
acquired the right to compensation for loss of earnings implementation of the amendment is retained and
supported the principle of compensation for actual damages, taking into account the changed circumstances
. There can not even talk about the conflict with the principle of the ban
retroactivity. Inadmissible retroactivity could be considered only cases
called. Right retroactivity when new legislation is changing
himself emergence of a particular legal relationship or the consequences of a legal relationship that
occurred prior to its effectiveness. Although there may be a new treatment
legal consequences of a particular legal relationship previously formed operating
ex nunc, as is the case under consideration provisions. Also
principle of legal certainty, which includes the protection of acquired rights, enshrined in Article
. 1 of the Constitution, not an amendment of § 195 paragraph. 1 Code
work affected.

- Art. 1 of the Charter states that people are free and equal in dignity and in rights
. Deputies proposal in this regard that the amendment to § 195 of the Labor Code
disrupts the normative equality created by employees and employers in the
their mutual responsibility for security and
life and health of workers at work.
Equality of rights enunciated in Art. 1 of the Charter is essentially the entire contents of the Charter and
translates into a number of its provisions. It is necessary to distinguish between general
equality clauses and special provisions that guarantee equality
in certain areas or in certain situations.
Proposal pleads violation of equal rights in the field of safety and health of workers,

So as a special treatment, it does not indicate which provisions of the Charter
respectively. another constitutional law or lower legislative
this assertion rests. Then the legal system is not based on general equality
employees and employers can only deduce some specific instances of equality
employees and employers, for example. Equality in concluding employment contracts
. Regulation of labor relations in the field of safety and health at work
not based on equality
employees and employers both in terms of prevention and accountability and compensation
industrial accidents and occupational diseases, and therefore you can not argue contradiction | || amendments to the Labour Code Art. 1 of the Charter. It is also necessary in this context
noted that the amended arrangement reimbursements
eliminate inequality, which occurred between unjustifiably
damaged. Receiving damage arising from an occupational injury or illness
occupational disability pension were in the previous legislation
advantaged because they received compared to other injured
compensation for loss of earnings after termination of incapacity promoted in addition to increase disability
pensions.

- Art. 3. 1 of the Charter guarantees basic rights and freedoms for all without distinction
sex, race, color, language, faith and religion,
political or other opinion, national or social origin, || | belonging to national or ethnic minority, property, birth or other status
. Guarantees and specifies that equality of rights as provided for in Article
. 1 of the Charter as a condition of the absence of any legal
privileges. Proposal by Deputies in relation to this article of the Charter argues that
amendment to the Labour Code, while gross discrimination
large group of people that were damaged health in their work or in
direct connection with them. This discrimination has lie in an arbitrary
sociálněmateriálním disadvantage large groups of disabled people and employers
unjustified advantage at their expense. Art.
3 of the Charter creates a substantive guarantee of fundamental rights and freedoms regardless
status (gender, race, etc.). This provision is actually
complementary to the principle of equality and seeks to create a state
discrimination. Possible discrimination here would be inferred
if the exercise of fundamental rights and freedoms was adversely affected
due to certain reasons, eg. Sex, language, political
opinion, social origin or other status, while others
unencumbered by reason they were exercising their fundamental rights and freedoms
advantaged (privileged). Group as "discriminated" by
which would occur by virtue of their status to restrict their
fundamental rights and freedoms can not be defined on the basis of respect for them
porušovaného fundamental right or freedom, because then it is not a
discrimination, but a state violation of a fundamental right or freedom.
For this reason, we can not argue the merits of an amendment to the Code conflict
work with that article of the Charter.

- Art. 29 paragraph. 1 of the Charter provides that women, youth and the disabled
people have the right to increased health protection at work and to special
working conditions. Thus guarantees for these operators increased, respectively.
Special protection to the actual material security during incapacity to work
, and therefore no compensation for work injuries or occupational diseases
But the relationship is not.

- Art. 30 paragraph. 1 of the Charter stipulates that citizens have the right to adequate
material security in old age and during incapacity to work, while
according to paragraph 3 of this article for details prescribed by law. The proposal
alleged contradiction between Art. 30 of the Charter, guaranteeing adequate material security, and
law, which under the authority of this article of the Charter provides
specific amount of financial security, not on formal grounds occur.
Neither the content point of view, however, the alleged contradiction
amended version of § 195 of the Labor Code with this article of the Charter could not be
concur precisely because the amendment, as mentioned above,
respects the principle of compensation for actual damages.

The reasons therefore led the Constitutional Court to reject the petition to annul Article
. I Section 122 of the Act no. 74/1994 Coll.

Different matter, however, as regards the second proposal of deputies
contested provision - Article. VI, Sec. 6 of the Act no. 74/1994 Coll. This

Provision, which is situated between the transitional provisions, provides that
adjustment of compensation for loss of earnings after termination of incapacity
(§ 195) and reimbursement for nutrition survivors (§ 199) is made even || | employees and their survivors, who belonged compensation before June 1
1994; This also applies to compensation, which it was before June 1, 1994
final decision or whose amount was agreed upon.

From the government's draft law no. 74/1994 Coll. it is obvious that in terms of
amendment to § 195 of the Labor Code, the draft was supposed
only eliminate the limit of the amount of compensation for loss of earnings
after incapacity.

Article. VI, Sec. 6, which was already in the government draft the transitional provisions
situated, should therefore have in mind only make adjustments
compensation for loss of earnings as a result of the amendment discharged earlier
§ 195 paragraph. 2 - ie make adjustments due to the removal of the limit
effect of the amendment - limiting the amount of compensation for loss of earnings.
So basically assumed adjustments made for the benefit of victims.
In other words, its aim was to ensure that the calculation of compensation for loss of earnings
without restricting limits and those of the victims, who were
compensation for loss of earnings paid out before the effect of the contested amendment. Hitherto
therefore against Article VI, Sec. 6 of the Act no. 74/1994 Coll. not objectionable.
After compared the government's draft of the contested Act undergone changes in
resulting from the amendment and the provisions of § 195 paragraph. 1
Labour Code (omitting the words "to increase pensions granted in accordance with these regulations
") the formulation is Art. VI, Sec. 6 largely unregulated.
This article, as amended, and therefore also affects those cases
damaged, of which occur as a result of new adjustments to the calculation of compensation for loss of earnings
- that as a result, the increase in pensions - a reduction in
the amendment received compensation for loss of earnings.
Practice, it will come into consideration especially for those victims whose
average earnings before the damage occurred even after the execution valorisations
not exceed the previously set limit. In these cases, it can result in
Art. VI, Sec. 6 of the Labour Code, respectively. as a result it
defined responsibilities of the adjustment of compensation for loss of earnings
lead to a reduction in the amount provided by the employer still injured.
It is in relation to those harmed occur as a result of Art. VI paragraph.
6 of the Act cited without that would be happening in the public interest to withdraw
properly acquired rights. In this context it should be emphasized that
cited a transitional provision expressly states that the design modifications
apply for compensation, which it was before June 1, 1994 final decision
or the amount agreed; while one of the cornerstones,
for building legal certainty, it is undoubtedly respect
final judgments of the courts and freedom and validly concluded
private agreements. Only in exceptional cases may be situations where
law legitimately intervene in court decisions, if it was issued in
contrary to generally accepted legal principles of a democratic society.
This idea was built structures Act no. 119/1990 Coll., On
judicial rehabilitation, such a situation not considered when
to issue court decisions or agreements occurred in matters || | work relating to compensation for loss of earnings after
incapacity caused by work injury or occupational disease,
not. The Constitutional Court therefore concluded that Article. VI, Sec. 6
cited Act, if falls to those cases in which there is a reduction
previously received sums as compensation for loss of earnings
caused work injury or occupational disease, is
inconsistent with the principle of legal certainty inherent in themselves and trust
protect citizens in the law, and therefore the petition to annul that article to oblige.
The proposal to repeal this provision retroactive to the date 1. 6. 1994, unable to meet
when retroactive repeal of this provision would himself said
principle violated.

Given that Article. VI, Sec. 6 of the Act no. 74/1994 Coll. also falls,
as mentioned above, in cases adjustment of compensation for loss of earnings (i
reimbursement nutrition survivors) in favor of victims - and in

That's part of it is unconstitutional - it was necessary to repeal that provision
with effect from 1. 10. 1995 to provide the legislators
sufficient time for the new wording of this provision.
From the above reasons the Constitutional Court decided as in the operative part of the judgment that
.

Chairman of the Constitutional Court of the Czech Republic:

JUDr. Kessler vr