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.