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On The Contribution To Address The Consequences Of The Restructuring Of The Czech Railways

Original Language Title: o příspěvku k řešení důsledků restrukturalizaci Českých drah

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370/2007 Sb.



GOVERNMENT REGULATION



of 19 December 2003. December 2007



on the conditions, amount and method of granting a contribution to address the consequences of

the restructuring of the joint stock company Czech railways, State Organization, and

The railway infrastructure administration



Government decrees for the implementation of law No. 218/2000 Coll., on the budget

rules and amending certain related laws (budget

the rules), as amended by Act No. 493/2000 Coll., Act No. 143/2001 Coll.,

Act No. 185/2001 Coll., Act No. 320/2001 Coll., Act No. 450/2001 Coll.

Act No. 202/2002 Coll., Act No. 320/2002 Coll., Act No. 483/2003 Coll.

Act No. 186/2004 Coll., Act No. 256/2004 Coll., Act No. 435/2004 Coll.

Act No. 480/2004 Coll., Act No. 1/2005 Coll., Act No. 127/2005 Coll.

Act No. 361/2005 Coll., Act No. 377/2005 Coll., Act No. 545/2005 Coll.

Act No. 112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll.,

Act No 140/2006 Coll., Act No. 262/2006 Coll., Act No. 174/2007 Coll.

Act No. 218/2007 Coll. and Act No. 270/2007 Coll.:



§ 1



(1) this regulation lays down the conditions for entitlement to a contribution to the solution

the consequences of the restructuring of the joint stock company Czech railways and the State

the organisation Managing the railway infrastructure and the amount and method of providing

This post.



(2) the restructuring of the joint stock company Czech railways and the State

Organization of the railway infrastructure administration (hereinafter referred to as

"restructuring"), for the purposes of this regulation



and) the establishment of ČD Cargo, a. s., and



(b)) the transfer of operation of the railway infrastructure in the public interest "^ 1") of the

the joint stock company Czech railways, State Organization railway

traffic routes.



(3) the contribution referred to in paragraph 1 (hereinafter referred to as "post") provides

The Ministry of transport (hereinafter referred to as "the Ministry") from the resources of the State

the budget.



§ 2



(1) an employee is entitled to a post that has been



and) 31. December 2007, an employee of Czech railways, joint-stock company in

the employment contract for an indefinite period, and which, at the time of the effective date

the effectiveness of this regulation until 31 December 2005. December 2010 ended this work

the ratio of the agreement for reasons mentioned in section 52 (a). a) to (c)) of the labour code in

the context of the restructuring,



(b)). November 2007, an employee of Czech railways, joint-stock company in

the employment contract for an indefinite period, and the rights and obligations of this

employment went ^ 2) before the date of entry into force of this regulation

the trading company ČD Cargo, a. s., and which, at the time of the effective date

the effectiveness of this regulation until 31 December 2005. December 2010 ended this work

the ratio of the agreement for reasons mentioned in section 52 (a). a) to (c)) of the labour code in

the context of the restructuring,



(c)) to 31. December 2007, an employee of Czech railways, joint-stock company in

the employment contract for an indefinite period, and the rights and obligations of this

employment went ^ 2) on State Organisation railway

traffic routes and which at the time from the date of entry into force of this regulation

until 31 December 2006. December 2010 ended this employment agreement, for reasons of

referred to in section 52 (a). ) to c) and the labour code in connection with the

restructuring.



(2) The contribution referred to in paragraph 1 shall be entitled only to an employee who



and has worked in total) employed by the Czech joint-stock company

the runway, its legal predecessors or trading company ČD Cargo,

and as an employer or in administration, State Organization

the railway infrastructure as the employer (hereinafter referred to as

"accepting the employer") at least 10 years, of which at the date of the end of the

employment continuously at least 5 years and up to the date the age of

required for entitlement to a retirement pension ^ 3) it lacks a maximum of 5

years of age,



(b)) in the performance of work suffered by the joint stock company Czech railways, its

legal precedent or by the employer with work-related injury

permanent consequences or he contracted an occupational disease of permanent

the consequences of a ^ 4) and to the date of reaching the age required for entitlement to

old-age pension ^ 3) it lacks a maximum of 5 years,



(c) taking care of the child permanently) considered to be a dependent under the law on

State social support ^ 5) and is single, divorced, widowed or not

partner living in a registered partnership and the date of the age

required for entitlement to a retirement pension ^ 3) it lacks a maximum of 5

years of age,



(d)) in the performance of work by Czech railways, joint-stock company, its

legal precedent or by the employer under the

medical opinion long held on current work eligibility

or is it eligible only under certain conditions ^ 6), and the date of achievement

the age required for entitlement to a retirement pension ^ 3) it lacks a maximum

5 years, or



e) within a period of no longer than 5 years before the date the age required for

entitlement to old-age pension ^ 3) meets the other conditions referred to in

(b)) to (d)),



(hereinafter referred to as "authorized employee").



§ 3



(1) the contribution provided by the authorized employees pursuant to section 2 para. 2

(a). a) to (d)) consists of a fixed component and a variable component.



(2) the fixed component amounts



and 115 000 Eur) on termination of service of an authorized employee

at least 3 years and not more than 5 years before the date the age required for

entitlement to old-age pension ^ 3),



(b) $65 000) on termination of service of an authorized employee

at least 6 months and not more than 3 years before the date of the age required

for entitlement to a retirement pension ^ 3),



c) 32 000 CZK on termination of service of an authorized employee

a maximum of 5 months before reaching the age required for entitlement

old-age důchod3).



(3) the variable component amounts to one tenth of the times the average monthly

earnings ^ 7) authorized employees, but not more than 30 000, and the number of

whole calendar months remaining to the authorized employees

delivery reaching the age required for entitlement to a retirement pension ^ 3),

but not more than 60 months.



(4) an authorized employee under section 2 (2). 2 (a). (e)) shall be

contribution in the amount of sixty one-tenth of the average

^ 7) monthly earnings, but not more than 180 000.



§ 4



(1) when compliance with the conditions referred to in paragraph 2 shall be paid to the creditor

employees after termination of employment, as follows:



and without asking) for a single in the entire amount of the fixed and variable components in the

the next pay period, but not later than by the end of the second

calendar month following the month in which the beneficiary

terminated employees, in the case of authorized employee

missing from the end of the employment relationship in order to achieve the required age

for entitlement to a retirement pension ^ 3) of 12 months or less,



(b)) in two parts after termination of employment.



(2) the first part of the contribution in the amount of 60% of the amount calculated under section 3

paragraph. 2 and 3 or 4 shall be paid to the authorized employees without a request in

the next pay period, but not later than by the end of the second

calendar month following the month in which his work

is terminated.



(3) the second part of the contribution in the amount of 40% of the amount calculated under section 3

paragraph. 2 and 3 or 4 shall be paid on the basis of a written request from an authorized

the end of the first employee the twelfth calendar month and

no later than 24 months from the last day of the calendar month in

which his employment was terminated. Request must be made of the joint stock

Czech railways or to the competent receiving employer

by the end of the 15th of the calendar month from the last day

the calendar month in which his employment was terminated, otherwise

the second part of the contribution cannot be redeemed.



(4) the second part of the contribution can be paid, if the authorized employees

not created new employment with Czech railways, joint-stock company or

transposing the employers.



§ 5



Meet the conditions for the payment of the second part of the contribution referred to in section 4, paragraph 4. 4

demonstrating a legitimate employee affidavit.



§ 6



(1) the funds from the State budget to cover the payment of the contribution converts

Department of the special bound accounts joint stock company Czech railways and

transposing the employers with the Bank, on the basis of the breakdown, which

shall draw up, in agreement with the Ministry of finance, and in consultation with the joint-stock

Czech railways and the companies adopted pursuant to the employer.



(2) joint stock company Czech railways and receiving employers lead

records kept by the State and movement of funds on the special bank account

referred to in paragraph 1 in their accounts on a separate and are expensed

After the end of each calendar quarter, showing the Ministry of

the accuracy of the paid amounts from this account.



(3) the contribution shall be paid by joint-stock company Czech railways and transposing

employers under the conditions laid down in this regulation. The joint-stock

the company Czech railways and receiving employers can use

resources from the State budget, intended to cover the payment of the contribution, and

interest on them, only for the purposes laid down in this regulation. In the case of

unauthorized use or retention of State budget


for payment of the allowance shall be applied according to the budgetary rules.



§ 7



Contribution under this Regulation shall not be granted if the claim or

the staff was totally or partially paid the allowance under regulation

Government No 322/2002 Coll., laying down the conditions, amount and way

a contribution to the solution of the social consequences of the transformation of the State

Organization of the Czech railways, as amended by Decree-Law No 83/2005 Sb.



§ 8



This Regulation shall enter into force on 1 January 2000. January 1, 2008.



Prime Minister:



Ing. Topolanek in r.



Minister of transport:



Ing. Řebíček in r.



§ 8 paragraph 1). 1 of Act No. 77/2002 Coll., on the Czech joint-stock company

railways, State Organization railway transport route and amending

Act No. 266/1994 Coll., on rail, as amended, and

Act No. 77/1997 Coll., on State enterprise, as amended by Act No. 293/2004

SB.



2) § 338 of the labour code.



3) section 29 of Act No. 155/1995 Coll., on pension insurance, as amended by law

No 134/1997 Coll. and Act No. 289/1997.



4) section 366 of the labour code.



5) section 11 of Act No. 117/1995 Coll., on State social assistance, as amended by

Act No. 137/1996 Coll., Act No. 242/1997 Coll. and Act No. 435/2004 Coll.



6) Act No. 266/1994 Coll., on rail, as amended.



§ 6 para. 3 (b). (b)), and (c)) Decree No. 102/1995 Coll. issuing the

Regulations for health and competence of the people in the operation of railways, and

the rail transport.



for example, section 351 of 7) of the labour code.