Amendment To The Employment Act And Related Laws

Original Language Title: změna zákona o zaměstnanosti a souvisejících zákonů

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367/2011 Coll.


LAW
Dated 6 November 2011

Amending Act no. 435/2004 Coll., On employment, as
amended, and other related laws

Change: 306/2013 Coll.

Parliament has passed this Act of the Czech Republic:
PART ONE


Change in Employment Act

Art. I

Act no. 435/2004 Coll., On employment, as amended by Act no. 168/2005
Coll., Act no. 202/2005 Coll., Act no. 253/2005 Coll., Act.
350/2005 Coll., Act no. 382/2005 Coll., Act no. 413/2005 Coll., Act no. 428/2005
Coll., Act no. 444/2005 Coll., Act No. . 495/2005 Coll., Act no. 109/2006
Coll., Act no. 112/2006 Coll., Act no. 115/2006 Coll., Act no. 161/2006
Coll., Act no. 165/2006 Coll., Act no. 214/2006 Coll., Act no. 264/2006
Coll., Act no. 159/2007 Coll., Act no. 181/2007 Coll., Act.
213/2007 Coll., Act no. 261/2007 Coll., Act no. 362/2007 Coll., Act no. 379/2007
Coll., Act no. 57/2008 Coll., Act No. . 124/2008 Coll., Act no. 129/2008
Coll., Act no. 306/2008 Coll., Act no. 382/2008 Coll., Act no. 479/2008
Coll., Act no. 158/2009 Coll., Act no. 223/2009 Coll., Act no. 227/2009
Coll., Act no. 281/2009 Coll., Act no. 326/2009 Coll., Act.
362/2009 Coll., Act no. 149/2010 Coll., Act no. 347/2010 Coll., Act no. 427/2010 Coll
. and Act no. 73/2011 Coll., is amended as follows:

First § 4, including footnote no. 80 reads:

"§ 4

Equal treatment and non-discrimination in exercising the right to employment


(1) Participants in legal relationships under § 3 para. 1 point. a), c) and d)
are obliged to ensure equal treatment of all individuals
exercising their right to employment.

(2) In exercising the right to employment is prohibited discrimination
^ 80).

80) Act no. 198/2009 Coll., On equal treatment and legal means
protection against discrimination and amending certain laws (Anti-Discrimination Act
). ".

Second In § 5. e) Point 1 including footnotes Nos. 81 and 82 reads:

"1. performance of work ^ 81) a natural person outside the employment relationship
^ 82), or

81) § 2 of the Labour Code.

82) § 3 of the Labour Code. ".

Third § 6 para. 1 point. g) the words "green card," the words
"vacancies filled by holders of blue cards".

Fourth In § 8a point. k) the words "provide for assessment"
replaced by the word "decides".

Fifth In § 8a point. m) Section 7 reads:

'7. whether a job seeker has in the last 6 months
before inclusion in the register of job seekers
terminated employment relationship for breach of obligations arising from legislation
related to the work he performs particularly gross ^ 33)
with him or been terminated for other working relationship for a similar reason. "

6th In § 8 the existing text becomes paragraph 1 and the following
paragraph 2, which reads:

"(2) The territorial scope of the regional branch of the Labour Office is determined by the place in which the
or employment should be carried out, unless this Act or other
law provides otherwise.".

7th In § 9. 2, "the regional branch of the Labour Office, which
can enforce the required" is replaced by "Labour Office".

8th In § 12 para. 2 first sentence, the words "with § 4 para. 3 and 4" shall
words "special legislation 80)," and in the fourth sentence, the words
"paragraph. 3 "are deleted.

9th In § 14 para. 6 after the word "cooperate" words "when
brokering activities under paragraph 1. a) and c) "at the end
paragraph, the sentence" agencies may
brokering activities under paragraph 1. a) and c) perform well on the basis of an agreement with
Labour Office (§ 119a). ".

10th In § 20, paragraph 3 shall be added:

"(3) For job seekers, to be placed on the exercise of public
community service, suitable employment and that employment
whose working hours shall not exceed half the length of the prescribed weekly working hours
according to § 79 of the Labour Code and which corresponds to his health
competence. ".

11th In § 24, the words "Labour Office" is replaced by "
regional branch of the Labour Office."

12th In § 25 par. 1 at the end of the text of letter r), the words "with the exception
referred to in paragraph 4".


13th In § 25 par. 1 point. a) § 44 para. 1 point. b) and § 56 par. 1 point.
D) and § 56 par. 2 point. a) and d) the number "5" is replaced by "6".

14th In § 25, after paragraph 3 the following paragraph 4 is added:

"(4) The classification and registration on the jobseekers do not, if
individual systematically preparing for a future career
won the decisive period (§ 41), employment or other gainful activity for retirement
insurance under other legislation ^ 32 g) in length
least 12 months. The fact that is systematically preparing for a future
profession natural person is obliged regional branch of the Labour Office to announce
when applying for mediation of employment, or in person or in writing
within 8 days from the date of commencement of systematic preparation for future | || profession. ".

The former paragraphs 4 to 6 shall be renumbered 5 to 7

15th In § 25 paragraph 8, which reads:

"(8) barriers to inclusion and leadership in the register of job seekers
is if

A) a natural person without a serious reason terminates itself or by agreement with the employer
suitable employment (§ 20)
mediated by the regional branch of the Labour Office, or

B) the employer is a natural person quits suitable employment (§ 20)
mediated by the regional branch of the Labour Office for violation
obligations arising from legislation relating to her
work performed particularly gross ^ 33) .
In the cases referred to in subparagraph a) or b) the natural person may be included in the new
basis of a written application to the register of job seekers
after the expiry of 6 months from the date agreed as the date of entry into employment, mediated
the regional branch of the Labour Office. ".

16th In § 29 of the introductory part, the words "Labour Office" shall be
words "regional branch of the Labour Office" and point) is:

"A) when one of the facts preventing the inclusion or lead
register of job seekers, which are listed in § 25, except
facts stated in § 25 par. 2 point. a) and c) on the basis
personal or written notification of job seekers. "

17th In § 30 paragraph. 2, after letter c) the following point d) shall be added:

"D) refuses an offer to perform a public service to the extent
maximum of 20 hours a week if they are registered as jobseekers
continuously for more than two months".

Existing letters d) and e) shall be designated as letters e) and f).

18th In § 30 paragraph. 4 at the end of the text of letter a) the words "
unless stipulated otherwise."

19th In § 33 para. 1 second sentence deleted.

20th In § 33 par. 2, the fourth sentence inserted the phrase "job seeker
may apply for an individual action plan at any time during
lead in the register of job seekers.".

21st In § 35 para. 1, first sentence, the words "shall, within 10 calendar days
" replaced by the word "may" and the words "without delay and no later than 10 calendar days
announce the filling of these vacancies" are deleted.

22nd In § 35 para. 1, the third sentence shall be deleted.

23rd § 36 is deleted.

24th In § 37b paragraph. 2, "Labour Office" is replaced by "
county branch of the Labour Office."

25th In § 38, third sentence, the words "under the law" is replaced
"arising from special legal".

26th In § 39 par. 2 point c) is deleted.

Existing letters d) and e) shall become letters c) and d).

27th In § 41 paragraph. 1 and § 49 para. 1, the number "3" is replaced by "2".

28th In § 48 first sentence the words "three years" is replaced by "two years".

29th In § 53 the following new paragraph 1, including footnote No.
. 83 reads:

"(1) Unemployment benefit and retraining allowance is paid in
Czech currency transfer to the payment account designated by the job seeker
or cash or using a credit card function
social systems, as decided by jobseekers ^ 83).
Payment method determines the beneficiary.

83) § 4b of the Act no. 73/2011 Coll., The Labour Office of the Czech Republic and amending
related laws, as amended by Act no. 366/2011 Coll. ".

Existing paragraphs 1 and 2 shall be renumbered 2 and 3

30th § 58a including footnotes Nos. 84-87 reads:

"§ 58a


(1) The employment agency that has been granted permit to mediate employment
according to § 14 para. 1 point. b) is obliged to take out insurance
guarantee in case of his bankruptcy ^ 84) (hereinafter referred to as "insurance"), under which it arises
temporarily assigned employee is entitled for compensation in case
when his employment agency from due to his bankruptcy did not pay wages.

(2) The Agency works in accordance with paragraph 1 shall be required to take out insurance in the amount
ensuring payment of wages until at least three times the average monthly net earnings
^ 85) of all employees are temporarily assigned or
which will assigned temporarily to work for
users. Arranging insurance the agency must prove
DG Employment Office within 2 months from the date of legal
decision to permit to broker employment.

(3) Insurance can be taken only with the insurance company, which according to the Law on Insurance
^ 84) is authorized to operate insurance guarantees.

(4) Mandatory insurance guarantees are governed by the Insurance Contract Act ^ 86)
unless stipulated otherwise.

(5) The decline of employment agencies must be certified or identified by proving
Insolvency Act ^ 87).

(6) The Agency work is required before concluding the insurance contract and whenever
during the insurance enable the insurance company at its request
access to all documents relating to the insurance referred to in paragraph 1, and submit to
These explanations.

(7) Claims temporarily assigned employee incurred towards
Agency works in accordance with paragraph 1 or 2 are transferred to an insurance company, and it
up to three times the average monthly salary.

(8) The employment agency is obliged to immediately inform the Directorate General
Labour Office on granting indemnification and termination
insurance.

84) Act no. 277/2009 Coll., On Insurance, as amended by Act no. 409/2010 Coll
.

85) § 356 of the Labor Code.

86) Act no. 37/2004 Coll., On insurance policies and amending related laws
(Insurance Contract Act), as amended.

87) § 136 of Act no. 182/2006 Coll., On bankruptcy and its solutions
(Insolvency Act), as amended. ".

31st In § 59 para. 2 at the end of the text of letter b) the words "from that
number of job seekers placed under an agreement with the Labour Office
according to § 119a."

32nd In § 60 par. 8, second sentence, the word "ministry" is replaced
"Labour Office".

33rd In § 61 paragraph. 6, the word "ministry" is replaced by "Office
work".

34th In § 65 first sentence, the word "ministry" is replaced by "Office
work" and the third sentence, the words "§ 61 paragraph. 1 point. a) to d) '
be replaced by the words "§ 61 paragraph. 1 point. a) to e). "

35th In § 66, third sentence, the words' Blue Card 'is replaced by'
Blue Card, or who has been issued a work permit or a
disabled person ".

36th § 67, including footnote no. 88 reads:

"§ 67

(1) Natural persons with disabilities (hereinafter referred to as "persons with disabilities
") to provide increased protection in the labor market.

(2) Persons with disabilities are individuals who are
recognized by the social security disability

A) in the third degree-32a) (hereinafter referred to as "persons with serious physical disabilities
"), or

B) in the first or second stage ^ 88).

(3) The fact that a disabled person pursuant to paragraph 2
demonstrates an individual opinion or certificate authority
Social Security.

(4) For persons with disabilities pursuant to paragraph 2. b)
regarded as natural persons who were the Social Security
assessed, they are no longer disabled, for a period of 12 months from the date of
this assessment.

88) § 39 par. 2 point. a) and b) of the Act no. 155/1995 Coll., as amended
. ".

37th In § 72 par. 2 point. b) the words "sheltered workshops
and" are deleted.

38th In the heading of § 75, the words "and protected workshops" is deleted.

39th § 75 and 76, including footnote no. 46 added:

"§ 75

(1) Protected job is a job created
employer for a disabled person on the basis of a written agreement with the Office

Work. The establishment of protected job offers Labour Office
employer contribution. Protected job must be filled
over a period of 3 years. Protected working place can be a job that
is a busy person with a disability if it is defined in
written agreement between the employer and the Labour Bureau.
Agreement is concluded for a period of 3 years.

(2) An agreement under paragraph 1, the first sentence or fourth does not close the
employer, if in the 12 months prior to the date of application referred to in paragraph 6


A) conducted employee deductions from wages or salary in accordance with § 78 para. 2
point. b) or c)

B) was against him prosecuted as an accused in a criminal act of fraud
according to another law in connection with
provision of support for employment of persons with physical disabilities
according to § 78

C) it has been lawfully imposed a fine for an administrative offense or misdemeanor
the field of employment and labor inspection, or

D) it was repeatedly made legitimate complaint for breach
obligations under the Labor Code.

(3) The Agreement referred to in paragraph 1 first sentence or fourth
can no longer conclude with the employer, if his previous activities does not benefit
employing persons with regard to the nature of their disability
labor market.

(4) Contribution to the establishment of a protected workplace for a person with disabilities
be a maximum of eight times, and for a person with severe disabilities
maximum of twelve times the average wage in the national economy
for the first three quarters of the previous
calendar year. To establish an employer under a single agreement with the Labour Office
10 and more protected jobs may
contribution to the establishment of a protected workplace for a person with physical disabilities
amount to a maximum of ten times and for a seriously || | disabled person a maximum of fourteen times above average
wages.

(5) The allowance is granted on the condition that the employer is not the date of application
registered tax arrears led
financial or customs office has no arrears on premiums and penalties for public health
or insurance premiums and penalties for
social security contributions and the state employment policy,
with the exception of cases when payment was approved by installments and not in
late in paying the installments or permitted tax postponements.

(6) The request for the establishment of protected job, or a request for demarcation
protected job includes

A) identification data of the employer

B) the location and scope of business and

C) the characteristics of protected jobs and their number.

(7) A request for the establishment of protected job
is necessary to attach a document on the establishment of bank accounts and confirmation of compliance with the conditions
referred to in paragraph 5, if the employer does not consent to the || | data on fulfillment of this condition found under § 147b Labour Office alone
if for this purpose shall not relieve the competent tax or customs
confidentiality towards the Labour Office. The Labour Office may require the submission and
other documents as necessary to consider the request.
When assessing applications based Labour Office from other factors, particularly the situation on the labor market
structure and other allowances and grants
employers from public budgets, in order to avoid overlapping
allowances and subsidies granted for the same purpose .

(8) Agreement on the establishment of protected job includes

A) identification of parties to the agreement,

B) characteristics of a protected job,

C) the employer's undertaking that protected job
will be filled by persons with disabilities

D) the date from which the protected workplace occupied by the
disabilities

E) the period during which a protected workplace occupied by
with disabilities, including the date by which time must be cast
that post met

F) the amount of the contribution, its specification and method of payment,

G) the conditions under which it will be granted as

H) way of proving how the agreed conditions are met,

I) the terms and dates of settlement provided contribution


J) an obligation of the employer to return the contribution or its proportionate part,
if it was his fault or wrongly granted in an amount higher than
belonged, and the deadline for reimbursement and

A) the terms for terminating the agreement.
Depending on the characteristics zřizovaného protected job
agreement may also cover other arrangements in which the parties interested.

(9) The Labour Office shall, in agreement distinguish conditions for granting the contribution
whose failure is not a violation of budgetary discipline, and
conditions, the failure will be punished under a special levy
legal regulation 46).

(10) leak contribution deadline is a violation of budgetary discipline
^ 46).

(11) The Labour Office may conclude an agreement on the establishment of a protected work
place with a person with disabilities who decides to
self-employed. For making this contribution pays
paragraphs 1-9, by analogy with the fact that reimbursement is not required
if that person ceases to be self-employed
of health reasons or in the event of his death.

(12) Agreement on the delimitation of the protected workplace, the Labour Office
conclude with the employer or a person with disabilities
who is self-employed. The agreement between the Labour Office and the employer
contain the information specified in paragraph 8 point. a) to c)
e), h) and k), the agreement between the Labour Office and the self-employed
contains information pursuant to paragraph 8 point. a) and b), e), h) and k).

§ 76

(1) The Labour Office may set up or designated protected job
provided based on an agreement with the employer or self-employed
who is a person with disabilities, as well
contribution to partially cover the operating cost protected job.
Agreement can be concluded at the earliest after 12 months of occupation
established a protected job, or the date of the establishment of protected
job.

(2) The contribution to partially cover the operating costs of protected
job is granted subject to fulfillment of conditions pursuant to § 75 paragraph
. 5 on the date of application for the post. The annual allocation may be the most
48 000 CZK.

(3) The contribution to partially cover the operating costs of a protected workplace
be granted for jobs created or defined
offsite employer

(4) An application for a contribution to partially cover the operating costs
protected job includes

A) identification data of the employer

B) the location and scope of business and

C) list of protected jobs and their number.

(5) The request for a contribution to partially cover the operating costs
protected job must be accompanied by proof of an account with the bank and the
confirmation of compliance with the conditions pursuant to § 75 para. 5, if
the employer does not consent to the data on fulfillment of this condition
found under § 147b Labour Office alone and if for this purpose
relieves competent tax or customs of confidentiality towards the Office
work. The Labour Office may require the submission of additional documentation, if
necessary to consider the request.

(6) contribution agreement contains information pursuant to § 75 para. 8
point. a) f) to k) and paragraph. 9th

46) Act no. 218/2000 Coll., As amended. ".

40th In § 77 paragraph 1 reads:

"(1) The Ministry stipulates the characteristics
protected job, species protected operating costs
jobs required to operate a protected job,
on which a contribution under § 76, and the method
providing allowance and other facts decisive for conclusion of an agreement on the establishment or
definition of a protected job. ".

41st § 78 including the title reads:

"§ 78

Contribution to support the employment of persons with disabilities in sheltered work place


(1) Employers whose workforce in protected areas (§
75) more than 50% of persons with disabilities of its total
employees shall receive a contribution to support the employment of these persons

Form of partial reimbursement of funds expended on wages or salaries and other costs
. The regional branch of the Labour Office for
providing contributions to the regional branch of the Labour Office in whose district has its headquarters
employer who is a legal entity, or in whose district the residence
employer who is a natural person.

(2) Contributions are being replaced with real spending on wages or salaries
in a monthly amount of 75% of actual spending on wages or salaries
per employee in employment, which is a person with disabilities
, including social security and
contribution to the state employment policy and public
health insurance, which the employer has deducted from the assessment base of this employee
, but not exceeding 8000 CZK. For the purposes of determining the amount of the allowance
real spending on wages or salaries
reduced by an amount corresponding

A) provided wages in kind,

B) deductions from wages or salary designed to satisfy the performance
employer under § 327 of the Labour Code, except
deductions made to cover damage for which the employee is responsible, or
employee contribution for catering by § 236 of the labor Code,

C) deductions from wages or salary intended to meet obligations
employees pursuant to § 146 point. b) the Labour Code, if the deduction from wages contrary to good morals
or

D) wage compensation provided to employees at
obstacles at work on the employer.

(3) After 12 calendar months from the date of occupancy established
protected job, or the date of the establishment of sheltered work places
employer may request a contribution for the next calendar quarter
claim the increase in the contribution of
amount corresponding to proven additional costs incurred by the employer for
employment of persons with disabilities in the calendar quarter for which
asking for a contribution, but not exceeding 2 000 CZK per month
employee who is a person with Disabilities.
Increase the contribution of the first sentence does not apply to protected jobs
established or designated offsite employer.

(4) This paper provides quarterly in arrears on the basis of a written request
employer, which must be the regional branch of the Labour Office
delivered by the end of the calendar month following the expiry of the relevant calendar quarter
. The paper provides the condition
that the last day of the respective calendar quarter
employer has no records of tax arrears through the respective
financial or customs office has no arrears on premiums and penalties for social security
and contribution to the state employment policy and
premiums and penalties for public health insurance, except
where

A) the payment was approved by installments and the employer is in arrears with payments of installments
or has been authorized tax postponements or

B) the sum of all outstanding arrears employer on the last day of the respective calendar quarter
does not exceed 10 000 CZK and the employer
these arrears paid by the 15th day of the calendar month following
calendar quarter for which the allowance requests or is paid within 5
working days from the day about these arrears from the regional branch of the Labour Office
know if that data on arrears in accordance with § 147b
identified by the work itself, if for him this agreement gave the employer and for that purpose
acquitted competent tax or customs duty of confidentiality towards
Labour Office; payment of arrears, the employer is obliged
regional branch of the Labour Office document.

(5) The application is

A) proof of total average adjusted number of employees
employees who are persons with disabilities, and
employees who are persons with severe disabilities

B) a list of names of employees who are persons with physical disabilities
, and employees who are persons with serious physical disabilities
, indicating the personal identification number, date of establishment and termination of
employment, health code insurance companies, funds expended on wages or

Salaries including the contributions paid to social security contributions and
state employment policy and premiums for public health insurance
and

C) proof that the employee to whom the post
sought is the person with disabilities (§ 67). After repeated
provide evidence of this contribution is part of the application only if
change this fact.

(6) If a contribution of more employers contribution
provide the employer with whom was an employee who is a person with disabilities
, employment soon. If this ends
employment during a calendar quarter, provide the contribution
an aliquot part of another employer who requested it; if
that the contribution requested more employers, proceed according to the first sentence
. If there is an employee who is a disabled
disabilities, the same day a working relationship with several employers who post about
requested contribution for that employee can not provide
any of them. If there is an employee who is a disabled
disabilities, multiple employment relationships with the same employer belongs
monthly allowance in the amount specified in paragraph 2. For the purposes of determining the amount of the allowance
real spending on wages or salaries
including social security contributions and the state
employment policy and premiums for public health insurance
which the employer has deducted from the assessment base of this employee
, all that his employment add up .

(7) The article can not provide to employees with disabilities
a) for the quarter in which it is to that employee

Labour Office providing another contribution, the amount of which is determined on the basis
actually spending on wages and salaries for
employees, including social security contributions and the
state employment policy and premiums for public health
insurance that the employer has deducted from the assessment base
this employee, or a contribution in the transition to a new business program
(§ 117)

B) for the quarter in which the employee who is a person with disabilities
, age pension,

C) for the quarter in which the employee was employed at sheltered
post to which contributions are provided to partially cover the operating costs
protected job, or

D) for the quarter in which the employee, with whom he was not working
contract agreed as place of work, the employer's workplace,
not agreed to an inspection at the place of his work (§ 126, paragraph
. 3 ).

(8) regional branch of the Labour Office shall issue a decision

A) a contribution if the employer qualifies for a grant
referred to in paragraphs 1 and 4

B) withholding allowance, if the conditions specified in point and
)

C) withholding part of the contribution of an amount corresponding
expended resources on salaries, including social security and
contribution to the state employment policy and premiums
public health insurance of employees, which | || employer can demonstrate that they are persons with disabilities or
for which under paragraph 6 or 7 for assistance;
same conditions must be met under point a)

D) failure to provide a contribution or part thereof in an amount corresponding
unpaid wages or salary and insurance neodvedenému the date of filing the application
or

E) failure to provide an increased contribution pursuant to paragraph 3 or part
in the event that additional costs will not be shown to be related to
employing people with disabilities.

(9) The contribution is payable within 14 calendar days of
decision comes into force.

(10) providing a contribution or its proportionate part of the employer is obliged through
Labour Office by the deadline
pay into the state budget if it was based on incorrect data
paid unjustly or in an incorrect amount; failure to meet this obligation is
breach of budgetary discipline ^ 46).

(11) To determine the fulfillment of conditions of employment for more than 50% of the

Disabilities in the total number of employees pursuant to paragraph 1
decisive average number of employees per calendar quarter.

(12) The method of calculating the average adjusted number of employees and
employees who are persons with disabilities
per calendar quarter and the kinds of additional costs, of which the allowance in accordance with paragraph 3
increases stipulated by the Ministry implementing regulation.

(13) The Ministry may, upon written and reasoned request
employer in exceptional cases deserving special consideration
waive the conditions referred to in Subsection 4. b) as regards
amount of the sum of all outstanding arrears employer.
The application must be delivered to the Ministry by the end of the second calendar month following
after the calendar quarter for which the allowance is
requested. ".

42nd In § 80 point. c) the words "point. a) to c) "is deleted and the brackets are replaced
parentheses.

43rd In § 81 paragraph. 2 point. b) the words "or purchasing products or services
sheltered workshops operated by community associations
^ 47), state-registered church or religious society
or legal entity registered under the Act regulating the status
churches and religious societies ^ 48) or charitable
companies ^ 49) or the procurement of these entities'
including footnotes Nos. 47-49 are deleted.

44th In § 81 paragraph 3 reads:

"(3) Employers and self-employed persons referred to in paragraph 2
point. b) may, for the purpose of fulfilling the obligations specified in paragraph 1
provide the calendar year of its products and services or
fulfill the contract awarded only to an amount corresponding 36násobku
average wage in the national economy for the first three quarters
preceding calendar year for each full-time equivalent employees
with disabilities employed in the previous calendar year. About
provided performance, employers are obliged to keep records that contain identification information
customers and the price of delivered goods, services or
awarded contracts without value added tax. ".

45th In § 81 paragraph. 5, the words "and calculating compliance with the mandatory proportion"
replaced by "way in which the total amount
provided products and services provided or contracts and the method of calculating compliance with the mandatory
share."

46th In § 82 para. 4, the words "competent tax administrator" shall be replaced
"competent customs authority".

47th In § 86 par. 1, "Labour Office" is replaced by "
county branch of the Labour Office" and "him" are replaced by "her".

48th In § 87 para. 1 and 2, the words "to which such persons have their
foreign employer under the contract are posted to perform work"
replaced by "concluded a contract with a foreign employer
under which they were these people sent to the Czech Republic to
tasks arising from this contract. "

49th In § 87 par. 3, "to which the person referred to in paragraph 1
a foreign employer on a contractual basis
posted to perform work" is replaced by "having a contract with a foreign
employer on the basis of the persons referred to in paragraph 1
sent to the Czech Republic to carry out the tasks arising from this contract
".

50th In § 90, the words "or which will be sent by their foreign
employer to perform work" replaced "or
through legal or natural person who has contracted
foreign employer on the basis of which to be person referred to in
§ 87. 1 sent to the Czech Republic to carry out the tasks
arising from this contract. "

51st In § 92 paragraph. 1, "Labour Office" is replaced by "
county branch of the Labour Office."

52nd In § 95 para. 1 and 2, the words "Czech Republic", the words "to
tasks arising from this contract."

53rd In § 95 par. 3, "to which the alien will be sent to work
in the Czech Republic" is replaced by "having a contract with a foreign employer
under which foreigners will be sent to the territory of the Czech
Republic of the tasks arising from this contract. "


54th In § 102 para. 2, first sentence, the words "or who are sent to it
to work by a foreign employer" shall be deleted, as the first sentence of the
inserted the phrase "has the same obligation legal or natural person who
entered into a contract with a foreign employer, which formed the basis
person referred to in § 87 para. 1 sent to the Czech Republic to carry
tasks arising from this agreement. "and the third sentence, the words" to carry
work "are deleted.

55th In § 105 para. 1 subparagraph b) a new point c), which reads:

"C) shared employment mediation (§ 119a)."

Existing letter c) shall become point d).

56th In § 109 para. 2, after letter f) a new point g), added:

"G) commitment to job seekers or job seekers
pay a proportion of the price of retraining, unless retraining during
ceases to be a job seeker or candidate for employment."

The current letter g) becomes letter h).

57th In § 109 paragraph 3 reads:

"(3) The Labour Office shall, in agreement distinguish conditions for granting the contribution
whose failure is not a violation of budgetary discipline, and
conditions, the failure will be punished under a special levy
legal regulation 46) . '.

'58. In § 109, paragraph 4 reads:

"(4) Violation of the obligation to repay the contribution to cover proven
necessary costs associated with retraining is a violation of budgetary discipline
^ 46).".

59th Under § 109, the following new § 109a, which reads:

"§ 109a

(1) The job seeker or candidate for employment can secure
retrain myself and for this purpose they choose

A) type of work, which wants to retrain,

B) retraining device that has performed the retraining (§ 108 paragraph.
2).

(2) The job seeker or candidate for employment must prove
regional branch of the Labour Office according to the place of residence of the applicant
employment or job seekers Prize requalification chosen.

(3) In the event that the chosen retraining will contribute to the job seeker about
employment or job seekers in the labor market and for him
due to his medical condition suitable, the labor office after
successful completion of retraining to pay for the retraining
devices.

(4) In the event that the Office will work to pay the cost of retraining, issue
job seekers or job seekers before starting
retraining confirm that the following proof of successful completion of retraining
retraining facility will pay the price
retraining. The Labour Office may cover the cost of retraining only while
after which the job seeker or candidate for employment
kept in the register of job seekers or job seekers.

(5) The Labour Office shall pay the cost of retraining facility for retraining or
a proportion if the job seeker or candidate for employment
serious reasons not complete retraining.

(6) The Labour Office shall pay the cost of retraining retraining facility
pursuant to paragraph 4 within 30 calendar days after submission of proof of
successful completion of retraining.

(7) Retraining facility is obliged to immediately notify
county branch of the Labour Office, the job seeker or candidate for employment or study
not fulfill training obligations provided retraining
device.

(8) The job seeker or candidate for employment is obliged to pay the price
Labour Office retraining if no serious reason
refuses to take up a job corresponding to the newly acquired skills.

(9) The total amount of money you can spend on Labour Office
chosen retraining a job seeker or person interested
job, not in the period of three consecutive calendar years from the date of first entry
on chosen retraining exceed the amount of CZK 50,000
. ".

60th In § 111 paragraph. 12, after the word "indicators," the words "
circle of persons who may be placed in new jobs supported
places."

61st In § 112. 2 and § 113 paragraph. 5, the words "paid wage
costs" are replaced by "spending on wages and salaries".

62nd In § 113 paragraph. 5 the number "6" is replaced by "12" and the third sentence is

Repealed.

63rd In § 118 paragraph. 2 point. b) after the words "tax arrears"
inserted the words "through the respective financial or customs office 'and at the end of the text
letter b) the words" unless the applicant does not consent to these
the information found under § 147b Labour Office alone and if for this purpose
relieves competent tax or customs of confidentiality towards
Labour Office ".

64th In § 119, paragraph 4 reads:

"(4) The Labour Office shall, in agreement distinguish conditions for granting the contribution
whose failure is not a violation of budgetary discipline, and
conditions, the failure will be punished under a special levy
legal regulation 46) . '.

65th In § 119 paragraph 5 reads:

"(5) leak contribution deadline is a violation of budgetary discipline
^ 46).".

66th In the fifth under Title IV, the following Title V, including
title reads:

'TITLE V
SHARED EMPLOYMENT MEDIATION


§ 119a

(1) The regional branch of the Labour Office can mediate employment
job seekers through job agencies (hereinafter
"shared employment mediation").

(2) to the shared job placement may regional branch of the Office of work included
jobseekers based on an individual action plan
(§ 33 para. 2) and with his prior written consent. When choosing
jobseekers into account in particular the labor market situation.

(3) the sharing of job placement office concludes the work with
agency works written agreement under which the Agency may provide a contribution to the work


A) shared job placement in the amount of CZK 5,000 per
jobseekers, which the Agency will work to mediate
job

B) for placing job seekers into employment for an indefinite
in the amount of CZK 1,250 and

C) remain positioned jobseekers in employment on
indefinite period of at least six months in the amount of CZK 500.

(4) brokering employment is not, unless the Agency receives
work in labor relations job seekers who
mediates employment under this Agreement.

(5) The agreement contains a shared job placement

A) identification of parties to the agreement,

B) the number of jobseekers, which will be mediated by a labor agency
job

C) the period for which the agency will work to mediate employment
job seekers; it shall not exceed 6 months

D) the number of job seekers, which mediates labor agency
job at the time agreed upon under subparagraph c)

E) the Agency's commitment to inform the work of the regional branch of the Labour Office in
agreed terms of mediation during employment

F) the Agency's commitment to work promptly inform the regional office of the Office
work that the jobseeker

First He did not appear at the agreed deadline for negotiations with the labor agency or
for employers to discuss a possible entry into employment,

Second refused employment mediation

Third He will be admitted to the mediated jobs, including the date of taking up
job

G) the method of verifying employment mediation regional branch of the Office
work

H) the type of contribution that will be provided to the Agency work,

I) the amount, timing and method of the contribution,

J) the Agency's commitment to work to return the contribution or its proportionate part, if
labor agency fails to fulfill commitments agreed under subparagraphs b) to d)
or if it was his fault, the contribution wrongly or higher
than the amount due, the period for repayment and repayment terms of the contribution and


A) the terms for terminating the agreement.

(6) Depending on the type of contributions provided under paragraph 3
the agreement may also cover other arrangements in which the parties are interested.
The agreement includes a list of names of job seekers, which is
agency must mediate employment.

(7) leak contribution within the prescribed period is a violation of budgetary discipline
^ 46).

(8) The Ministry stipulates the

A) way of transmitting information about the course and job placement

Cooperation jobseekers with employment agency

B) the timing and method of payment of contributions under paragraph 2

C) the method of selecting agencies, with which an agreement on shared
mediation of employment. ".

Existing Title V becomes Title VI.

67th In § 125, the words "Labour Office, and Ministry" shall be replaced
"State Labour Inspectorate, labor inspectorates," and the words
"customs offices" the words "and to the extent specified in § 127 of the General
Directorate of Labour Office and the regional branch of the Labour Office. "

68th In § 126 par. 1, "Labour Office checks" are replaced
"State Labour Inspection Office and the regional labor inspectorates
control".

69th In § 126 paragraph 3 reads:

"(3) The State Labour Inspection Office and the regional labor inspectorates
are entitled to examine whether and to what extent the employer assigns
work of its employees, the employer is provided
contribution to support the employment of people with disabilities under §
78 and which were not in the labor contract agreed as a place of work
employer's workplace. For this purpose, the State Labour Inspection
work or labor inspectorates authorized to enter the consent
staff to places of work. ".

70th In § 126 par. 4 of the third sentence, the words "foreigners," the words
"European Union citizens and their family members (§ 3 para. 2)
family members of citizens of the Czech Republic set out in § 3. 3 ".

71st In § 126 par. 4 of the fourth sentence, the words "the relevant regional office
Labour Office" is replaced by "the relevant regional labor inspectorate" and
words "this branch" is replaced by "this area's
Inspectorate".

72nd In § 127, the current text becomes paragraph 1 and the following
paragraph 2, which reads:

"(2) The regional branch of the Labour Office is authorized to check the amount
average monthly net earnings, to the extent necessary for
determining the amount of unemployment benefits and retraining.".

73rd In § 130 first sentence, the word "workers" the words
"the State Labour Inspection" and the words "Office of the Directorate General
job" is replaced by the word "Ministry".

74th In § 130, second sentence, the word "employees" the words
"the State Labour Inspection" and footnote no. 65 reads:

"65) Act no. 13/1993 Coll., Customs Act, as amended.

Act no. 185/2004 Coll., On Customs Administration of the Czech Republic, as amended
.

Act no. 251/2005 Coll., On labor inspection, as amended
regulations. ".

75th In § 132 paragraph. 3, "5000 CZK" is replaced by "10,000 CZK"
amount "50,000 CZK" is replaced by "100 000 CZK."

76th In § 139 para. 1 point. c) the word "or" is deleted.

77th In § 139 para. 1 at the end of the text of letter d), the word "or".

78th In § 139 at the end of paragraph 1 is replaced by a comma and a letter
e), added:

"E) comply with the notification obligation pursuant to § 87.".

79th In § 139 para. 3 point. c) the words "point. c) "the words"
e) and paragraph 2. d) "and" 10 000 CZK "is replaced by
" CZK 100 000 ".

80th In § 139 para. 3 point. d) the words "d)" are deleted.

81st In § 140 paragraph. 1 point. b) the word "or" is deleted.

82nd In § 140 paragraph. 1 at the end of the text of letter c) and § 140 paragraph.
2 at the end of the text of letter b), the word "or".

83rd In § 140 at the end of paragraph 1 is replaced by a comma and
letter d), which reads:

"D) comply with the notification obligation pursuant to this Act or does not
records in this Act.".

84th In § 140 paragraph. 2 point. c) the comma after the word "laws" is replaced
dot and the word "or" and point d) shall be deleted.

85th In § 140 paragraph. 4 point. c) the words "d)" is deleted and after the letter c)
following point d) shall be added:

"D) 100 000 CZK, for an administrative tort pursuant to paragraph 1. d) ".

Existing letters d) and e) shall be designated as letters e) and f).

86th In § 140 paragraph. 4 f) reads:

"F) 10,000,000 CZK, for an administrative offense under paragraph 1. c)
least 250 000 CZK. ".


87th In § 141 para. 4, "discusses Labour Office" shall be replaced
"discussed the National Labour Inspectorate and regional inspectorates
work."

88th In § 145, the words "permission" is replaced by "intention to employ a foreigner
more places of work permits and discuss."

89th In the first sentence of § 147, the number "35" and a comma behind him deleted words
'obligations specified in § 35 and 81 shall not apply "shall be replaced
' obligation referred to in § 81 shall not apply" and the second sentence including
remarks footnote. 71 is deleted.

90th In § 147a paragraph. 2, after the words "customs office" the words "or
at the State Labour Inspection Office" at the end of the text paragraph shall be added
words "or the Inspector General of the State Labour Inspection Office".

91st Under § 147c is inserted § 147D, which including footnote no.
89 reads:

"§ 147D

(1) Data from the records pursuant to § 6 para. 1 point. g)
are kept in the information system of state employment policy, which is administered by the Ministry
.

(2) The Labour Office is obliged to ensure the preservation of all data
unified information system in the state employment policy
obtained by processing data in accordance with paragraph 1, as well as
all documents and files related is lawfully terminated the administrative
aid procedures and documents and publications on contributions for 15
calendar year following the calendar year in which there was a
a final termination of the administrative proceedings or the last write data into
information system.

(3) All data listed in the information system in
government employment policy, are part of a unified information system
Labour and Social Affairs ^ 89).

89) § 4 of Act no. 73/2011 Coll., As amended by Act no. 366/2011 Coll. ".

Art. II
Transitional provisions


First In assessing barriers to inclusion in the register of job seekers
employment according to § 25 par. 8 of the Act no. 435/2004 Coll., As amended, effective
effective date of this Act, shall not include termination of employment mediated
the regional branch of the Labour Office in
date of entry into force of this Act.

Second Insurance contracts pursuant to § 58a of Act no. 435/2004 Coll., As amended
effective date of this Act shall apply for the period for which
been agreed.

Third Proceedings on the recognition of physically disabled persons who have not been
finally completed until the effective date of this Act shall be completed and
rights and obligations related thereto shall be assessed according to law no.
435/2004 Coll., As amended effective at the time of application for recognition of a person
physically disabled.

Fourth The decision on the recognition of disadvantaged persons,
issued before the effective date of this Act shall apply for the period for which it was issued,
but not later than 1 January 2015. During the period of validity of those decisions are
disadvantaged persons considered for employment
for people with disabilities according to § 67 para. 2 point. b) Law no.
435/2004 Coll., on employment, as amended, effective from 1 January 2012.

Fifth The rights and obligations arising from agreements to grant the
create a sheltered workshop and agreements to grant the
partially cover the operating costs of sheltered workshops, closed
until the effective date of this Act, shall be assessed in accordance with Act No. .
435/2004 Coll., as amended effective on the effective date of this Act.

6th Jobs for people with disabilities in sheltered workshops
created or defined by agreement between the employer and
Labour Office, the effective date of this Act, be deemed
protected jobs.

7th A period of 12 months pursuant to § 76 par. 1 of Act no. 435/2004 Coll., As amended
effective from the date of entry into force of this Act shall not apply to
employers who run sheltered work place or work place
continuously for at least 12 months before the effective date of this Act
.

8th Provision of support for employment of persons with physical disabilities
for the last calendar quarter preceding the date of entry into force of this Act
and two calendar quarter following the date
effective date of this Act shall be governed by Act no. 435/2004 Coll. in

Effective on the effective date of this Act.

9th Proceedings of the grant to support the employment of people with disabilities
which was not finally completed until the last
day of the second calendar quarter following the date of entry into force of this Act
be completed pursuant to Act no. 435/2004 Coll. in
effective on the effective date of this Act.

10th For eligibility and the amount paid pursuant to § 78 para. 2 of Law no.
435/2004 Coll., As amended, effective from the date of entry into force of this Act,
and provided for the third calendar quarter following the date of acquisition
force of this Act shall be the conclusion of agreements on the delimitation
protected jobs during the first and second calendar quarter
following the effective date of this Act unless
nature of sheltered work are no longer under a previously concluded
Agreement on creating a protected workplace or agreements
creating or defining a sheltered workshop.

11th The period of 12 months pursuant to § 78 par. 3 of Law no. 435/2004 Coll., As amended
effective from the date of entry into force of this Act shall not apply to
employers who in the last two calendar quarters in the day
the entry into force of this Act, and in the first two calendar quarters
after the effective date hereof employed in the average
adjusted number of more than 50% of persons with disabilities.

12th The rights and obligations of agreements pursuant to § 308 of the Labor Code on temporary assignment of employees
employment agency to perform work for user
closed until the effective date of this Act, shall be assessed according
Act no. 435/2004 Coll. as amended effective on the effective date of this Act
.

13th The fulfillment of the mandatory share for the year preceding the effective date of this Act
is governed by Act no. 435/2004 Coll., As amended on
effective date of this Act.

14th Contributions to the state budget according to § 82 para. 4 of the Act no. 435/2004
Coll., As amended effective on the effective date of this Act, and
not recovered until the effective date of this Act is further enforced by
Act no. 435/2004 Coll., as amended, effective from the date of entry into force of this Act
.

15th Controls and administrative proceedings regarding the imposition of fines for offenses and administrative offenses
initiated until the effective date of this Act
regional offices of the Office of work completed under the current legal regulations
relevant regional labor inspectorates.
Administrative proceedings instituted or maintained by the Ministry until the effective date of this Act completes
according to existing laws of the State Labour Inspectorate.
Deadline for issuing a decision by the first and second sentences are extended by 30 days.
PART TWO


Changing the law on the organization and implementation of social security

Art. III

In § 8 par. 1 of Act no. 582/1991 Coll., On organization and implementation
Social Security, as amended by Act no. 590/1992 Coll., Act no. 118/1995 Coll
. Act no. 134/1997 Coll., Act no. 436/2004 Coll., Act no. 109/2006 Coll
., Act no. 189/2006 Coll., Act no. 267/2006 Coll., Act no.
152/2007 Coll., Act no. 305/2008 Coll. and Act no. 479/2008 Coll., is
point c) deleted.

Art. IV


Transitional provisions
Procedure for recognition disadvantaged persons, has not been legally terminated
until the effective date of this Act shall be completed and
rights and obligations related thereto shall be assessed according to Act no. 582/1991 Coll., || | amended the effective date of this Act.
PART THREE


Changing the law on the protection of employees in the employer's insolvency


Art. In

In § 2 of the Act no. 118/2000 Coll., On the protection of workers at
payment of the employer and amending certain laws, as amended by Act No.
. 73/2006 Coll. and Act no. 217/2009 Coll., the following paragraph 5, which reads
:

"(5) This Act shall not apply to agency workers, which is mediated
employment according to § 14 paragraph. 1 point. b) and § 66 of the Act on Employment and
who were satisfied with the insurance agency work
agreed pursuant to § 58a of the Employment Act. ".

Art. VI


Transitional provisions
Management to satisfy unpaid wage claims due to
was not officially completed until the effective date of this Act, the

Completed pursuant to Act no. 118/2000 Coll., In force at the time of filing the application for
satisfy unpaid wage claims payable.
PART FOUR


Amendment to the Act on Administrative Fees

Art. VII

In § 8 par. 2 point. a) Act no. 634/2004 Coll., on administrative fees,
amended by Act no. 357/2005 Coll., Act no. 109/2006 Coll., Act no. 112/2006 Coll
. and Act no. 206/2009 Coll., the words "
health insurance," the words "employment".
PART FIVE


Changing Labour Inspection Act

Art. VIII

Act no. 251/2005 Coll., On labor inspection, as amended by Act no. 230/2006
Coll., Act no. 264/2006 Coll., Act no. 213/2007 Coll., Act No. .
362/2007 Coll., Act no. 382/2008 Coll., Act no. 294/2008 Coll., Act no. 281/2009 Coll
. and Act no. 73/2011 Coll., is amended as follows:

First In § 3 para. 1 point. a) the words "except for the legislation on employment and
legislation on the protection of employees in the payment
inability of employers" are deleted.

Second § 12 reads:

"§ 12

Offenses in the area of ​​employment or agreements on work performed outside employment


(1) A person who commits an offense in the area of ​​employment or
agreements on work performed outside employment that

A) violates the obligations laid down in the establishment, changes, termination of the employment relationship
agreements for work or contracts for work or

B) fails to conclude a written employment contract, contract for work or
work agreement.

(2) An offense under paragraph 1

A) point. a) can be fined up to CZK 300 000

B) point. b) can be fined up to 10 million CZK. ".

Third § 25 reads:

"§ 25

Administrative offenses of legal persons in the field of employment or
agreements on work performed outside employment

(1) A legal person commits an administrative offense in the field of employment
relationships or agreements on work performed outside employment that

A) violates the obligations laid down in the establishment, changes, termination of the employment relationship
agreements for work or contracts for work or

B) fails to conclude a written employment contract, contract for work or
work agreement.

(2) For an administrative offense under paragraph 1

A) point. a) can be fined up to CZK 300 000

B) point. b) can be fined up to 10 million CZK. ".
PART SIX


Change in the Public Procurement Act

Art. IX

Act no. 137/2006 Coll., On Public Procurement, as amended by Act no. 110/2007 Coll
., Act no. 296/2007 Coll., Act no. 76/2008 Coll., Act No. .
124/2008 Coll., Act no. 41/2009 Coll., Act no. 110/2009 Coll., Act no. 227/2009 Coll
., Act no. 417/2009 Coll., Act no. 179/2010 Coll., Act no. 423/2010 Coll
., Act no. 73/2011 Coll. and Act no. 258/2011 Coll., is amended as follows
:

First In § 101 paragraph. 1, "runs a sheltered workshop or
covered employment program under which the contractor"
deleted.

Second In § 101 paragraph. 2, the words "together with" the words "confirmation
Labour Office of the Czech Republic - regional branch or branches of the main
City of Prague (hereinafter" the regional branch of the Labour Office ") or" a
last sentence, including footnote no. 59 is deleted.
PART SEVEN


Changing Labour Code

Art. X

Act no. 262/2006 Coll., The Labour Code, as amended by Act no. 585/2006 Coll.
Act no. 181/2007 Coll., Act no. 261/2007 Coll., Act. 296/2007 Coll.
Act no. 362/2007 Coll., the Constitutional court judgment promulgated under no.
116/2008 Coll., Act no. 121/2008 Coll., Act no. 126/2008 Coll., Act no. 294/2008 Coll
., Act no. 305/2008 Coll., Act no. 306/2008 Coll., Act no. 382/2008 Coll
., Law no. 286 / 2009 Coll., Act no. 320/2009 Coll., Act no. 326/2009 Coll
., Act no. 347/2010 Coll., Act no. 427/2010 Coll., Act no. 73
/ 2011 Coll., Act no. 180/2011 Coll. and Act no. 185/2011 Coll., is amended as follows
:

First In § 48, paragraph 5 shall be deleted.

Second In § 103. 5, the words "and workshops" are deleted.
PART EIGHT



EFFICIENCY
Art. XI

This Act comes into force on 1 January 2012.
Nemcova vr

Klaus vr


Nečas

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