479/2008 Sb.



LAW



of 11 December 1997. December 2008,



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

social security, as subsequently amended, Act No. 435/2004

Coll., on employment, as amended, and certain other

the laws of the



Change: 375/2007 Sb.



Change: 205/2015 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on the Organization and implementation of social security



Article. (I)



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

as amended by Act No. 586/1992 Coll., Act No. 38/1993 Coll., Act No.

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

118/1995 Coll., Act No. 160/1995 Coll., Act No. 138/1997 Coll., Act No.

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

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

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

155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.

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

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

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

320/2002 Coll., Act No. 519/2002 Coll., Act No. 361/2003 Coll., Act No.

424/2003 Coll., Act No. 422/2003 Coll., Act No. 461/2003 Coll., Act No.

53/2004 Coll., Act No. 167/2004 Coll., Act No. 283/2004 Coll., Act No.

359/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll., Act No.

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

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

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

161/2006 Coll., Act No. 189/2006 Coll., Act No. 216/2006 Coll., Act No.

267/2006 Coll., Act No. 342/2006 Coll., Constitutional Court

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

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

270/2007 Coll., Act No. 296/2007 Coll., Act No. 305/2008 Coll., Act No.

306/2008 Coll. and Act No. 382/2008 Coll., is amended as follows:



1. In § 3a paragraph 2. 3 the first sentence, after the words "security" shall be replaced

"Central", and in the first sentence, the following sentence "the head of the organizational

Czech social security administration units for the health assessment

the State appoints and dismisses the Central Director of the Czech administration of social

Security with the consent of Minister of labour and Social Affairs. "



2. In § 3a paragraph 2. 3 the third sentence, the word "Director" shall be replaced by

"Managing Director".



3. In section 4, paragraph 4. 2, the words "and the appeal proceedings the administrative" are deleted.



4. In section 4, paragraph 4. 2, "the Labour Office under special laws

^ Law 46) "shall be replaced by" the District Social Security Administration "and

footnote No 46 is repealed.



5. In paragraph 5 (b). ch), the words "wholly or partly" are deleted.



6. In paragraph 5, at the end of the letter ch) dot is replaced by a comma and the following

the letter i), which read as follows:



"even the ensures the documents for the examination of) the State of health in the range

arising from the directly applicable European Union legislation and of the

international treaties ".



7. In paragraph 5, at the end of paragraph (i)) dot replaced with a comma and the following

the letter j) is added:



"j) assesses the health status, to the extent provided by law (§ 8

paragraph. 9).“.



8. In section 6 is at the end of paragraph 2 the following sentence "on the territory of the city of Brno

the scope of the district shall be exercised by the social security administration

social security. ".



9. section 8 including title and footnotes # 9b-9 d:



"section 8



Assessing the health and working capacity



(1) the District Social Security Administration assessed health status, and

working capacity of natural persons for the purposes of social security and

for the purposes of granting benefits and special benefits under other laws,

^ 9b legislation) in the detection and control of medical examinations. For

to that end, shall consider



and full disability and partial) disability,



(b) long-term adverse health status) of the child and its inability to

exercise because of this continuing health professional or trade

activity,



(c) whether the person) are medically disadvantaged,



(d)) whether natural person may increase due to their health condition

income, own work



e) if it is a severely disabled person and the nature and degree of

This disability for the purposes of the provision of benefits, contribution to the

modification of flat, gross margin for the use of barrier-free apartment and

garage, allowance for the purchase, repair and special arrangements

motor vehicle and individual transport allowance,



(f)) whether it is for the purposes of State social support benefits of natural person

suffers a disabled, long term disability

or a child long-term patients,



(g)) the degree of dependence of a natural person for the purposes of contribution to care.



(2) the District Social Security Administration performs discovery medical

tour at the request of the administrative authority, which keeps the proceedings for

the purpose of the assessment is required.



(3) the district social security administration carries out control medical

a tour of the



and within the time specified when) prior assessment of district administration

social security, on the basis of the request of the administrative authority, which leads

the proceedings for the purposes of the opinion required



(b)) if the posudkově relevant facts which justify the transposition of

the control of the medical examination,



(c)) on the initiative of a social security body or administrative authority, a

the basis of whose application has made the District Social Security Administration

Discover a medical examination; in these cases, the district

social security is obliged to inform the competent authority of the outcome

assessment,



(d)) at the initiative of the institution assistance in material need, if it is a demonstration of the duration

total and permanent disability for the purposes of a proceeding on a dose of assistance in material need and already

expired opinion; in these cases, the district

obliged to inform the authority of the social security assistance in material need of the

the result of the assessment,



(e)) at the initiative of the employment office, in the case of verification of whether the physical

a person is a person with a disability; in these cases, the district

the social security administration shall inform the Employment Office of the outcome

assessment, or



(f)) on the initiative of a natural person who has been recognised fully disabled or

partially disabled, but her claim for full disability

pension or a partial disability pension was rejected and no longer

expired opinion, if it is a show that is a person is

with disabilities in accordance with the Employment Act.



(4) the tasks of the District Social Security Administration referred to in paragraph 1

only a doctor can perform.



(5) the territorial jurisdiction of the District Social Security Administration to

health assessment referred to in paragraph 1 shall be governed by the



and place of residence) of the natural person on the territory of the Czech Republic,

where appropriate, the place of residence in the territory of the Czech Republic according to the type of stay

foreigners; If a natural person does not have such a stay on the territory of the Czech Republic,

is governed by the local jurisdiction of the place where in the territory of the Czech Republic

usually resides, or



(b) the seat of the prison, where appropriate) of the prison ("prison"),

If a natural person in a custodial sentence or binding.



(6) at the request of the natural person whose state of health to be assessed, or

with its consent may appropriate District Social Security Administration

According to paragraph 5, the request for assessment of this person by the district administration

social security, in whose territorial jurisdiction the person is

employed, or resides long-term in it, or it is in the constitutional

care medical equipment or granted stays of social

services in the establishment of social services, or provided education

for children, pupils and students with disabilities ^ 9 c) or district

the social security administration, in whose territorial jurisdiction is a medical

device in which the person under consideration provided health care,

If the State of health of the persons under consideration requires a due to the nature

illness assessment by the medical establishment.



(7) the District Social Security Administration serves the testimonials about whether

the State of health of persons whose pension scheme carried out by authorities of the

referred to in § 9, warrants the granting of benefits or pension

benefits or social care services.



(8) when the assessment referred to in paragraph 1 is based on the district administration

in particular, the security of the attending physician, or the results of the

functional examination and the results of its own investigation of a doctor who performs

the tasks of the District Social Security Administration referred to in paragraph 1, and of the

supporting documents provided for in other legislation ^ 9 d). When the assessment referred to in

paragraph 1 may also be based on documents drawn up by a doctor designated by the

The Czech social security administration.



9B) Act No. 117/1995 Coll., on State social assistance, as amended by

amended.




Act No. 111/2006 Coll. on assistance in material need, as amended

regulations.



Law No. 108/2006 Coll., on social services, as amended

regulations.



Act No. 114/1988 Coll., on the scope of the authorities of the Czech Republic in the social

security, as amended.



Act No. 435/2004 Coll., on employment, as subsequently amended.



9 c) section 16 of Act No. 561/2004 Coll. on pre-school, primary, secondary,

higher vocational and other education (the Education Act), as amended

regulations.



for example, section 9 d) 25 para. 3 of the Act on social services ".



10. In § 8 para. 1, letter a) is added:



"disability and change) and the degree of invalidity,".



11.



cancelled



12. In section 8 paragraph 1. 1 (b). (b)), the word "systematic" is deleted.



13. in § 8 para. 3 (b). (d)), the words "permanent disability" shall be replaced by

"the invalidity of the third degree".



14. in § 8 para. 3 (b). f), the words "fully or partially disabled" and

the words "full disability pension or partial" are deleted.



15.



cancelled



16. In section 8 shall be added to paragraph 9 and 10 are added:



"(9) Czech Social Security Administration assesses the disability and

long term adverse health condition of the child and its inability to

exercise because of this health condition of gainful employment for

the purpose of the procedure for objections (§ 88). Decisions about retirement authority

social security referred to in § 9 para. 1, the Czech administration

social security checks under the first sentence on the basis of the request

This authority. Czech social security administration tasks by the phrase

the first can be only a doctor. Of the assessment referred to in the first sentence is excluded

a doctor who assessed the same thing or for such assessment, prepared by

the basis for the purposes of the administrative authority's decision in the first instance.



(10) the District Social Security Administration forwards or send to citizens within 7

days a copy of the report issued under paragraph 1 (a). and); Essentials

This report lays down implementing legislation. ".



17. in § 9 para. 1 introductory part of the provisions for the word "done"

the words "directs and controls".



18. in § 9 para. 6, the words "full or partial", the words "fully or

in part "and the words" full or partial "are deleted.



19. in article 16, paragraph 1 reads:



"(1) health care facilities are required for the payment at the request of the competent

social security body in the assessment pursuant to section 4, paragraph 4. 2 and § 8



and) to perform the health status of individuals in the range

on-demand performance of health



(b) the medical documents in) to process the requested range, they may need to

health assessment physical persons. ".



20. In article 16, paragraph 1, the following new paragraphs 2 to 4, including

footnotes # 50f and 50 g shall be added:



"(2) a medical device shall, without charge, a doctor who carries out the

the tasks of the social security body in accordance with § 4 para. 2 or section 8, on its

the request of the



and communicate the information necessary for) health assessment physical

of the person,



(b)) to enable the inspection of the medical documentation and the necessary

for rent medical documentation to the extent necessary for the

assessment of the health status of individuals.



(3) medical devices fulfils the obligations referred to in paragraph 1 within the time limit

the designated authority of the social security and the obligations referred to in paragraph 2 in the

the time specified by the physician referred to in paragraph 2, and if this time limit is not

determined, within 15 days from the date on which it received the application.



(4) the amount of remuneration for the performance in accordance with paragraph 1 shall be governed by a list of health

performances with spot values ^ 50f) and other legislation ^ 50 g).

Reimbursement of social security institution provides that the implementation of the performance

requested, on the basis of the Bill submitted by the medical

equipment; This applies mutatis mutandis to the reimbursement of postage for sending

the medical records referred to in paragraph 2.



50F) Decree No. 134/1998 Coll. issuing the list of health

performances with spot values, as amended.



50 g) Act No. 526/1990 Coll., on prices, as amended. ".



Paragraphs 2 and 3 shall become paragraphs 5 and 6.



21. in section 16(1). 5, the words "invalidity or partial" are deleted.



22. section 16a is inserted:



"§ 16a



(1) The procedure for the issuing of an opinion under section 4 (4). 2 and § 8 para. 1 to 8

part four shall apply administrative procedure, with the exception of the provisions of article 15, paragraph 2.

2 to 4, § 134, § 156 para. 2 and section 158 paragraph 2. 2 of the administrative code; Similarly,

in doing so, the provisions of section 17 and 38 of the administrative code.



(2) the time limit for issuing an opinion pursuant to section 4, paragraph 4. 2 is 60 days, and for the issue of

report pursuant to section 8 (2). 1 shall be 45 days, subject to the authority of the

the assessment requested a longer period. Does the issuing of an opinion within the time limit referred to in

the first sentence has serious grounds, shall communicate to the competent social security institution

to assess the health status of these grounds immediately to the authority

the assessment asked; in these cases, the period referred to in the first sentence,

extended for 30 days, unless the authority has asked for an assessment of

a longer period.



(3) the Authority responsible for examining the social security health

the State shall send to the authority that requested the assessment, only those parts of the report,

which do not contain information about the health of the individuals under consideration.



(4) the Authority responsible for examining the social security health

State pursuant to § 4 paragraph 2. 2 or § 8 shall be entitled to challenge the assessed

a natural person to



and undergoing tests) in your health by a doctor acting as tasks

the competent authority for social security, or, in the case of

the assessment under section 8 (2). 1, a doctor designated by the Czech administration of social

security,



(b)), she submitted the examination in your health in the specified

a medical facility or other vocational examinations,



(c)) has submitted to the medical facility, referred to in the invitation to the medical

findings of doctors, which had been issued, or



(d)) and other data said, which are important for the development

opinion, or provide other assistance that is required to

the drawing up of the report; involving a natural person is required to meet the challenge.



(5) where a natural person under consideration of the health

State or other vocational examination referred to in paragraph 4 (b). a) and b)

or refuses to provide assistance in accordance with paragraph 4 (b). (c)), and (d)),

shall communicate to the competent social security institution to assess health

This fact without delay to the authority of the State conducting a procedure for the

the purpose of the requested opinion. ".



23. in section 16a, paragraph 2. 2 at the end of the first sentence, the dot is replaced by a semicolon and

the words "shall be the time limit for issuing an opinion pursuant to section 8 (2). 9 is 60

days. ".



24. In article 16a, the following paragraph 6 is added:



"(6) the provisions of § 8 para. 10 shall apply mutatis mutandis to the examination to the Commission. ".



25. In § 54 para. 3 the words "§ 16 para. 1 "shall be replaced by the words" § 16 para.

1 to 3 ".



26. in § 86 para. 1 the first sentence, the words "on" shall be replaced by "in the

matters ".



27. in paragraph 86, at the end of paragraph 2 the following sentence "in the case of disagreement with the

the procedure referred to in the first sentence can be filed within 60 days after the payment of the levy

pension insurance, from which the change was made to its amount, the authority

social security notification, a written request for release

the decision to increase the dose; social security institution shall issue within 30 days

the date on which the request was delivered to him, the decision on the adjustment of the dose

pension insurance pursuant to the first sentence. ".



28. in § 86 para. 4, the words "the United administration" shall be replaced by the word "authority" and

the word "Administration" shall be replaced by the word "authority".



29. in paragraph 86, the following paragraph 6 is added:



"(6) a decision of a social security body in matters of pension

the insurance must include lessons on options to file the opposition, the time limit within

that it is possible to lodge an objection, from what date the deadline counts, who

objections shall be decided by the authority and for which objections shall be served; in lessons

shows when the opposition do not have suspensory effect. ".



30. section 88 including title:



"§ 88



Objections



(1) against a decision of a social security body in matters of

pension insurance can be as an ordinary appeal to present written

objections within 30 days from the date of its notification to the party.



(2) if so requested by a party to proceedings before the expiry of the time limit for filing an opposition to

submission of supporting documents for the calculation of the pension or for enumerations of overpayment,

who is obliged to pay, a new time limit begins to run for the opposition from the

the date on which these documents were delivered.



(3) the opposition shall be filed social security body, that decision

It has issued. The objection must contain the same elements as the appeal brought by

pursuant to § 82 of the administrative code.



(4) social security institution shall decide on the objections within the time limits

set out under section 71 of the administrative code; These time limits shall run from the date

delivery of the opposition by the social security body which is competent to

the decision on the objections. Depends if the decision on the objections to the assessment

State of health (§ 8 paragraph 9), extend the time limits under the first sentence of


of 60 days. Social security institution shall review the decision against

which have been filed objections in its entirety; It is not bound by

objections.



(5) Objections do not have suspensory effect, with the exception of the opposition brought against the

by a decision issued pursuant to § 118 of up to 118c.



(6) an objection may be made against a decision of a social security body

of objections.



(7) the procedure for objections must be conducted separately from the decision making authority

social security in the first instance; cannot contribute, even in

the decisions of the person involved in the proceedings for the issue of the contested

decision.



(8) if in paragraphs 1 to 6 and 9 shall apply unless otherwise provided in the

the procedure for objections to the decision on the objections and on the review of management and

renewal of proceedings relating to the decision on the objections, the administrative code with

the fact that section 90 para. 1 (b). (b)), § 90 para. 3 and § 90 para. 6 second sentence

administrative procedure shall not be used, and after the time that the review is in progress

the management of the Court, the time limits referred to in § 97 para. 2 and § 100 para. 2 the administrative

the order does not, and the review procedure or a retrial, which relate to the

decision on objections cannot begin or continue.



(9) the Objections can be submitted also at any District Social

security, if the decision of the Czech administration of social

Security; the effects of opposition are maintained if they have been submitted

the District Social Security Administration within the time limit referred to in paragraph 1.

The District Social Security Administration is required to the opposition immediately

to advance the Czech social security administration. ".



31. the following section is inserted after section 88 88a, which including the title reads as follows:



"section 88a



Legal authority and remedies



(1) a decision of a social security body in matters of pension

the insurance is in force, if it has been notified and is impossible to against it

to file the opposition.



(2) a decision of a social security body of objections shall acquire legal

can the date of notification.



(3) a decision of a social security body in matters of pension

insurance, which is not in force, is provisionally enforceable, with

the exception of the decision against which objections have been made that have

suspensory effect.



(4) against the decision of the authority in matters of social security

pension insurance including decisions on objections to the appeal

does not allow. ".



32. In paragraph 89, paragraphs 1 and 3 shall be deleted.



The current paragraph 2 shall become paragraph 1 and paragraph 4

shall become paragraph 2.



33. In § 89 paragraph 1. 1 the words "the United administration" shall be replaced by the word "authority".



34. In paragraph 90, para. 1 (b). (b)), the words "first sentence" shall be deleted and the words

"paragraph. 5 "shall be replaced by" paragraph. 6. "



35. In paragraph 106, at the end of paragraph 1, the following sentence "the proceedings on the application for

remove the hardness cannot be started or continued for a period,

the judicial review procedure is in progress. ".



36. In § ▼M4 1 the words "about the time that a medical device

fulfils the obligations according to § 16 para. 1 the first sentence in the time limit set

the social security authority ' shall be deleted.



37. section 111 shall be deleted.



38. In paragraph 112, the words "§ 88 para. 2 and 3 ' shall be replaced by ' paragraph 88 para. 9. "



39. In section 115 a paragraph. 2 the first sentence, the words "or full invalidity pension"

replaced by the words "a retirement or invalidity pension for disability of the third

the degree of "and the words" a retirement or full disability "shall be replaced by

the word "this".



40. In section 115 a paragraph. 2 the second sentence, the words "or full disability

pension "are replaced by" retirement or invalidity pension for

third-degree invalidity ".



41. In paragraph 127 paragraph. 2, the words "first sentence" shall be deleted.



42. in paragraph 127, the following new section 127a, which reads as follows:



"section 127a



Because of the special nature of the activities of the Ministry for

the intelligence service of the Czech Republic and their members special

procedures for the implementation of social security of those members, including

the provision of benefits to those members. ".



Article. (II)



Transitional provisions



1. the Advisory Commission of the Ministry of labour and Social Affairs shall examine the

the health and working ability of natural persons for the purposes of the appeal

administrative proceedings in cases where the contested decision was issued on

the opinion of Labour Office before 1 May 2004. July, 2009.



2. The District Social Security Administration carries out control medical

the tour by the deadline specified in the assessment before 1 May 2004. July 2009

the Labour Office or at the initiative of the institution, on the basis of the requests made

the Labour Office before 1 May 2004. July 2009 discovery medical examination.



3. Against the decision of the Czech social security administration in matters of

the pension insurance scheme, which was announced before the date 1. January 2010,

Unable to file the opposition.



4. Against the decision of the Ministry of the Interior, social security

The Ministry of Justice or the Ministry of defence in matters

the pension insurance scheme, which was announced before the date 1. January 2010,

an appeal under the law effective at the date of 31. December

2009; the procedure for this appeal is made pursuant to these regulations. Against the

the decision referred to in the first sentence not to file the opposition.



PART TWO



Amendment to the Employment Act



Article. (III)



Act No. 435/2004 Coll., on employment, as amended by law No 168/2005

Coll., Act No. 202/2005 Coll., Act No. 251/2005 Coll., Act No. 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. 216/2006 Coll., Act No. 264/2006

Coll., Act No. 160/2007 Coll., Act No. 181/2007 Coll., Act No. 213/2007

Coll., Act No. 261/2007 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. and Act No. 382/2008 Coll., is amended as follows:



1. In article 7 (2). 3, the words "or resident natural persons whose

Health Bureau of labor assesses "are deleted.



2. In section 8 paragraph 1. 1 the letter m) is added:



"m) decides whether the person physically disadvantaged, or to

the fact that a natural person is not considered a person physically disadvantaged,

If the lawful order of the health status or other

vocational examinations and was advised of this option, ".



3. In § 8 para. 1, letter n) repealed.



Letters about), p), and r) are known as the letters n), o) and (p)).



4. section 9, including the footnotes 14 and 14a is inserted:



"section 9



(1) a medical device shall, on request, against payment of labour offices

within 15 days from the date of receipt of the application, carry out an examination of the health

the status of natural persons (section 21).



(2) the amount of remuneration for the performance in accordance with paragraph 1 shall be governed by a list of health

performances with spot values ^ 14) and other legislation ^ 14a). Payment of the

the competent labour office that the implementation of the requested performance,

on the basis of the statement submitted by the medical establishment.



14) Decree No. 134/1998 Coll. issuing the list of health

performances with spot values, as amended.



14A) Act No. 526/1990 Coll., on prices, as amended. ".



5. section 9a and 9b are deleted.



6. In article 67, the following paragraph 6, including footnotes.

41A is inserted:



"(6) the assessment of the State of health for the purposes of paragraph 2 (a). (c))

other legislation regulates ^ 41a).



§ 8 paragraph 41A). 1 (b). (c)) Law No 582/1991 Coll., on the organisation and

the implementation of social security, as amended by law no 479/2008 Coll. ".



7. in section 78 para. 2, after the words "but not" following "8 USD".



8. In section 78 para. 2 points, a) and b) shall be deleted.



9. in section 78 para. 4 (b). (b)), the words "the length of the agreed working hours"

replaced by the words "the date of the occurrence and termination of employment."



10. In section 78, paragraph 4, the following paragraph 5 is added:



"(5) if requested by post, the post is more employers will provide

the employer, in which was an employee who is a party

disabilities, employment first. If this

the employment relationship during a calendar quarter, the contribution

an aliquot of the next employer who asked of him; in the case of

He has requested more employers, proceed as indicated in the first sentence.

If a staff member who is a person with a disability, in

the same day of employment with more employers who post

asking for allowance, the employee cannot provide any of the

them. If an employee who is disabled

disabilities, more employment with the same employer, belongs to the

monthly contribution in the amount specified in paragraph 2. For the purposes of determining the

the amount of the contribution is actually incurred wage costs, including insurance premiums

on social security and a contribution to national employment policy and the

premiums on health insurance premiums that the employer for himself

did this employee of the calculation basis, in all work

circumstances of this particular employee cumulative. ".




Paragraphs 5 to 10 shall be renumbered as paragraphs 6 to 11.



11. in section 78 para. 6 (b)) shall be deleted.



Subparagraph (c)) shall become point (b)).



12. in section 78 para. 6 (b)):



"(b)) for the quarter in which the employee who is a party

disability, retirement pension beneficiary. ".



13. in section 78 para. 7 (b). (c)), after the words "paragraph 5" the words

"or 6".



14. in paragraph 98 (a). p), the words "European Union" shall be inserted after the words

"work permit" shall be inserted the words "or the green card".



15. In § 104 paragraph. 2, points (e) and (f))) shall be deleted.



Subparagraph g) and (h)) are known as the letters e) and (f)).



16. in section 113 para. 5, the words "and (d))" shall be replaced by "and (e))".



17. In article 116 paragraph 1. 2, in the third sentence, the word "shall" be deleted.



18. In paragraph 140, paragraph 3 reads:



"(3) the Medical device is guilty of an administrative offense, by

It does not make the health status in accordance with § 9 para. 1 or

does not perform within the period specified in § 9 para. 1. ".



Article. (IV)



Transitional provisions



1. the health assessment initiated pursuant to § 8 para. 1 (b). m) and (n))

Act No. 435/2004 Coll., on employment, in the version in force before the date of application

the effectiveness of this law, and the unfinished before the date of entry into force of

This Act, completes the appropriate District Social Security Administration

According to the existing legislation. The deadline for delivering the opinion in

these cases, extending about 30 working days from the date of acquisition

the effectiveness of this Act.



2. the employment offices shall forward to the free of charge until 30 June. June 2009 the district administrations

social security competent jurisdiction of labour offices

the medical writings, which led to 30. June 2009.



3. the exercise of the rights and obligations of labor relations of employees in

offices, who work at 30. June 2009, perform the task in assessing the

health status and the performance of related activities, passes on the day

July 1, 2009, the Czech social security administration.



4. Labour offices agree to staff referred to in point 3 of the transition

exercise of the rights and obligations of employment relations, the Czech administration

of social security. Such limitation is binding.

If there is no agreement by the first sentence not later than 31 December 2006. March 2009,

lays down the rules and limitations relating to the

employees work in offices of the Czech Republic Ministry of labour and

Social Affairs.



5. provision of a contribution to support the employment of people with

disabilities for the fourth calendar quarter of 2008 shall be governed by the laws

effective rules of 31. December 2008.



PART THREE



cancelled



Article. In



cancelled



PART FOUR



Amendment of the Act on professional soldiers



Article. (VI)



Act No. 221/1999 Coll., on professional soldiers, as amended by Act No.

155/2000 Coll., Act No. 134/2002 Coll., Act No. 254/2002 Coll., Act No.

309/2002 Coll., Act No. 361/2003 Coll., Act No. 545/2005 Coll., Act No.

189/2006 Coll., Act No. 261/2007 Coll. and Act No 312/2008 Coll., is amended

as follows:



1. In § 142 paragraph 2. 1, the second sentence shall be deleted.



2. In section 142, paragraph 4, including footnote # 41:



"(4) if it is not in this part of the Act provides otherwise, an organization shall be governed by and

proceedings of the výsluhových terms and their payment provisions

special legislation on the Organization and management in matters

payment of pension insurance and pension insurance benefits ^ 41).



41) Act No. 155/1995 Coll., as amended. Act No.

582/1991 Coll., on the Organization and implementation of social security, as amended by

amended. ".



PART FIVE



Amendment of the Act on social services



Article. (VII)



Law No. 108/2006 Coll., on social services, as amended by Act No.

29/2007 Coll., Act No. 213/2007 Coll., Act No. 261/2007 Coll., Act No.

124/2008 Coll., Act No. 129/2008 Coll. and Act No. 274/2008 Coll., is amended

as follows:



1. in paragraph 5 (d)):



"(d)) the District Social Security Administration.".



2. in section 21 para. 1 (b)):



"(b)) to submit to an examination of the State of health by a doctor acting as tasks

the District Social Security Administration, or the physician designated by the Czech

Social Security Administration, to submit to the health status of

in a medical facility designated by the district administration of social

security or other vocational examinations, submit to the designated

medical devices medical findings of doctors that they

were released, to communicate and provide other data, which are relevant for

opinion, or provide other assistance, which is

necessary to draw up an opinion, if they are to do this, the district administration

social security be asked, within such period as the district administration

social security determines ".



3. § 25 para. 2 the words "the competent labour office ^ 8)" shall be replaced by

"the District Social Security Administration ^ 8)."



Footnote # 8 reads as follows:



"8) § 8 para. 1 Act No. 582/1991 Coll., as amended. ".



4. In § 25 para. 3 and 5, and section 26, the words "Office work" shall be replaced by

"the District Social Security Administration".



5. § 25 para. 4, the words "Office work" shall be replaced by "district administration

social security ".



6. in section 28 is at the end of the text of paragraph 2, the words "shall be added; the provisions of §

26 shall apply mutatis mutandis. "



PART SIX



Amendment of the Act on assistance in material need



Article. (VIII)



Act No. 111/2006 Coll. on assistance in material need, as amended by Act No.

165/2006 Coll., Act No. 585/2006 Coll., Act No. 261/2007 Coll., Act No.

379/2007 Coll., Act No. 239/2008 Coll., Act No. 259/2008, Coll., Act No.

306/2008 Coll. and Act No. 382/2008 Coll., is amended as follows:



1. in paragraph 2 of § 18a is inserted:



"(2) when taking out the extent of working time, rest periods, the conditions for

ensure the safety and health at work for the exercise of public

Service labour legislation shall apply. For the performance of a public service by the person

under the age of 18 years shall apply labour law rules on working

the conditions of juvenile employees. In the case of a contract for the performance of

the public service is a municipality required to conclude the insurance contract covering the

liability for damage to property or health, which a person

public service causes or will be caused. Person

public service is liable only for damage caused by

intentionally. The Ministry of labour and Social Affairs may provide the village

a grant to cover premiums written. ".



2. in section 24 para. 1 (b). (b)), the words "fully disabled, but shall not be entitled

the full invalidity pension "are replaced by" invalidity in the third degree,

but shall not be entitled to an invalidity pension for disability of the third degree ".



3. in section 24 para. 1 (b). (f)), after the word "engaged" the words

"volunteer service ^ 21) or".



4. in section 24 para. 1 (b). (g)), after the words "performs" the words

"volunteer service ^ 21) or".



5. § 24 para. 1 (b). (h)), the words "recognized disability, but does not fully

right to full invalidity pension "are replaced by" invalidity in the third

degree, but is not entitled to a disability pension for disability of the third

degree ".



6. In article 43, paragraph 5 is added:



"(5) the method of payment, the payer determines the benefits in a way that takes into account the ability of

and options for persons in material need with a benefit in material need to manage and

take advantage of the batch to the purpose for which it is intended. Way of payment



and living allowance) may specify the Bill-to customer benefit by at least 35% and

not more than 65% of the awarded benefits will be provided in the form of vouchers

qualifying to purchase goods within a specified value or through

the electronic payment instrument,



(b) emergency assistance granted) for the reason referred to in § 2 paragraph 1. 3

can you identify the payer of benefits so that not less than 35% and not more than 65% of the granted

benefits will be provided in the form of vouchers to purchase goods in the

set the value of the,



(c) emergency assistance granted) for the reason referred to in § 2 paragraph 1. 5

Specifies the payer benefits as a way of payment of remuneration or expenses

the cargo, which is the reason behind the granting of emergency assistance, or

through vouchers for direct collection of the goods within the specified value;

cash method of payment can u help obtained on the emergency

the ground provided for in § 2 paragraph 1. 5 specify the payer benefits only if

If you cannot take advantage of these methods of payment, or if the payer of the dose reaches

in the reasoned case to the conclusion that it is appropriate, the provision of benefits

cash way. ".



7. In § 49 paragraph 1. 1 (b)):



"(b)) to submit to an examination of the State of health for the purposes of the assessment of the full

disability, and an assessment of whether you can increase your intake of own work

due to their health condition, the doctor acting as the tasks of the district

the social security administration, or by a physician designated by the Czech administration

social security, the health status in the health

the device specified by the District Social Security Administration or another

vocational examinations, submit to the designated medical facility

medical findings of doctors that they have been issued, and


to prove to the other data, which are relevant for the drafting of an opinion, or

provide other assistance that is required to draw up a report,

If you are a District Social Security Administration asked, in

a time limit which the District Social Security Administration determines ^ 29). ".



8. In § 49 paragraph 1. 1 (b). (b)), the words "permanent disability" shall be replaced by

"the invalidity of the third degree".



9. In § 49 paragraph 1. 5, the words "assistance in material need" are deleted.



10. In § 55 para. 4 (b). (d)), after the words "immediate assistance"

the words "or living allowance provided by

the electronic payment instrument, ".



PART SEVEN



cancelled



Article. (IX)



cancelled



PART EIGHT



Amendment of the Act on pension insurance



Article. X



In section 65 paragraph 1. 1 the first sentence of the Act No 155/1995 Coll., on pension

insurance, as amended by Act No. 305/2008 Coll., the words "full disability

pension partial disability pension shall not be paid "shall be replaced by

"The invalidity pension shall not be paid" and the words "total and permanent disability or partial"

shall be deleted.



PART NINE



Amendment of the Act on health insurance



Article. XI



In § 84 paragraph. 2 (a). (c)), section 124 para. 2 and § 153 para. 1 (b). (d)) of the Act

No. 187/2006 Coll., on sickness insurance, as amended by Act No. 585/2006

Coll., Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No. 239/2008

Coll., Act No. 305/2008 Coll. and Act No 312/2008 Coll., the words "or

full invalidity pension "are replaced by" retirement or invalidity

pension for disability of the third degree ".



PART TEN



Amendment of the Act, amending Act No 155/1995 Coll., on pension

insurance, as subsequently amended, Act No. 582/1991 Coll., on the

Organization and implementation of social security, as amended

regulations, and some other laws



Article. (XII)



Law No. 306/2008 Coll., amending Act No 155/1995 Coll., on

Pension Insurance Act, as amended, law No 582/1991

Coll. on the Organization and implementation of social security, as amended by

amended, and some other laws, is amended as follows:



1. In article 1(1). I, section 77 is repealed.



2. In article 3(1). (II) point 14 is the number "2010" is replaced by "2009" and the number

' 2009 ' is replaced by the number "2008".



3. In article. IV, paragraphs 4 to 6, 8 to 11, 18 and 19 shall be deleted.



4. In article. (IX) point 3 shall be deleted.



PART ELEVEN



Amendment of the Act No. 382/2008 Coll., amending Act No. 435/2004 Coll., on

employment, as amended, Act No. 326/1999 Coll., on the

the stay of aliens in the territory of the Czech Republic and amending certain acts, in

as amended, and other related laws



Article. XIII



In the tenth, article. XV of law no 382/2008 Coll., amending Act No.

435/2004 Coll., on employment, as amended, law No.

326/1999 SB. on residence of aliens in the territory of the Czech Republic and amending

certain acts, as amended, and other related

law, the words "and 12" shall be replaced by "12 and 17".



PART TWELVE



The EFFECTIVENESS of the



Article. XIV



This Act shall take effect on 1 January 2000. July 2009, with the exception of

the provisions of the



and) article. I, point 17, art. IV, points 2 to 4, article. XII, paragraph 2 and article. (XIII), which

They shall become effective on the date of its publication,



(b)) article. (III) points 7 to 17, art. IV, point 5 and article. (VIII) points 1, 3 and 4, which

They shall become effective on 1 January 2004. in January 2009,



(c)) article. I, points 3, 5, 7, 10, 12 to 14, 16, 18, 21, 23, 24, 26 to 34, and 37

up to 41, art. (II) points 3 and 4, art. (VI), article. VIII, sections 2, 5, 6, 8 and 10, article 11(1). X

and article. XI, which will become effective on 1 January 2004. January 1, 2010.



Vaidya in the r.



Klaus r.



Topolanek in r.