19/1953 Sb.
Decree
Minister of the Interior
of 26 March. March 1953
about the consolidation of the decree implementing the law on social
security of persons called up for service in military power and their family
members.
According to the article. II. Government Regulation No. 18/1953 Coll., amending and
supplement the provisions of the social security people called to serve at
military power and their family members, I declare in the annex the full
amended by Decree-Law No 131/1950 Coll., implementing the law on the
social security of persons called to the service of the military power and their
members of the family, as a consequence of changes made to Government
Regulation No. 18/1953 Sb.
Nosek in r.
GOVERNMENT REGULATION of 29 June. August 1950, no. 131 Coll. implementing the law
the social security people called to serve in the military power and their
members of the family, as amended by Decree-Law No. 18/1953 Sb.
The Government of the Czechoslovak Republic ordered pursuant to section 2 para. 2, and paragraph 3,
(a). and), § 5 para. 1, § 6 (1). 2, § 7 (2). 3, § 11 (1) 1 , §
14. 1, § 15 para. 4, § 16 para. 2, § 17 para. 1 and 3, § 18
paragraph. 1 and section 20 (2). 2 of Act No. 64/1950 Coll., on social security
persons called up for service in defence and their family members
(hereinafter referred to as the "Act"):
Part the first
General provisions and scope.
§ 1
Introductory provisions
Social security under this Regulation shall be granted to persons
elect to serve in defence (hereinafter referred to as "authorised person") and their
the family members so that the authorised person can fully devote
This her top civil obligations.
§ 2
Service in defence.
Service in the military can, according to § 2 (2). 2 of the Act means:
1. basic services (section 27 of the Defence Act, no. 92/1949 Coll.)
2. the replacement service (section 28 of the same Act),
3. other services (§ 37 of the same Act),
4. military exercises (section 39 of the same Act),
5. exceptional service outside of the military readiness of the State (article 46, paragraph 1,
the same Act), and the emergency service for the military emergency State (section 47
paragraph. 1 and § 49 paragraph 1. 2 of the same Act),
6. special service except for special service of members of the choir), national
safety in the Army (article 46, paragraph 2 of the same Act), and
7. personal tasks for the needs of the defence (art. 45 of the same Act).
§ 3
Members of the family.
(1) member of the family is in the Act and this regulation, except
part of the fourth by live in a common household with the
urgency:
and) wife (husband),
(b)), mate (sort of), if the authorized person has no spouse, living with
Companion (sort of) in a common household on the day fixed for the commencement of
services at least 6 months, or if born-getting a child whose father is
called by the person, and if the existing way of life of both judge on
their permanent cohabitation,
c) children of your own, and adopted into the dokonaného 16. of the year,
d) children aged 16. from 25. year, preparing to continuously on
the future life of the profession by studying or other training (training)
e) children, regardless of age, if they cannot get a physical or mental
own work, affix the defect or if it is paid to them family
addition, the addition of the children or educational.
(2) the members of the family referred to in paragraph 1 shall consider,
If a person obligated to provide authorized contribution margin
personal needs or if they are significantly dependent on such a contribution,
and) parents, grandparents, the person on the person as parents lately
foster, father-in-law, mother-in-law,
(b) the authorised person) children entrusted to substitute parental care,
siblings and grandchildren, under the conditions referred to in paragraph 1 (b). c) to (e)),
If on the day fixed for the commencement of service with urgency in
common household at least 6 months,
c) sister or daughter of the authorised person, leading to her home and is living with a
her on the day fixed for the commencement of service in the same household at least 6
months,
(d)), wife (husband) divorced or under the previously applicable legislation
rozloučená or divorced, has a right to claim reimbursement of personal needs from the
the authorised person.
(3) the condition of a common household is considered to be fulfilled, even if the
spouse, children or parents live separately, for serious reasons, in particular
for the performance of services in the defence, raising children, the housing crunch, or from
reasons of health, economic or educational.
PART TWO
The protection of workers
§ 4
Time off work
(1) staff member who is to the underlying or alternate service in
last week, before the date laid down by the povolávacím order to embark upon a
working day service.
(2) the staff member who is called to another service in defence than to a service
the base or a replacement, which cannot meet an obligation outside the logout
working hours, time off work to meet the
extent necessary, but no longer than one day.
(3) if the shortest path from the place of residence to the place of
boarding čítajíc in it and travel time of the usual public mass
means of transport, which summoned person shall be entitled to use, longer
than 6 hours, the staff member, who was called to serve in the military can,
entitled to a travel day, directly preceding the date set
povolávacím command or určovacím ticket for boarding services;
If the path is longer than 18 hours, the claim under the
the previous sentence on two travel days. Entitled under these provisions, the
reduces travel days that fall on working days.
§ 5
Duty of Board work
(1) an employee who held a service in defence for more than 5
months after the event shall start working in your job
not later than 5 days.
(2) If a service is Persisted in between at least 4 months, but not longer
than 5 months, the employee is obliged to take a job in your job
no later than the second day after the end of the service; It lasted less than 4 months,
the employee is obliged to start work on the first day after the event.
(3) the time limits referred to in paragraphs 1 and 2 shall be extended for any travel
day (s) on the shortest path from the place where the employee was from the service in
military power released, to his place of permanent residence. About counting
of travel days shall apply mutatis mutandis the provisions of § 4 para. 3.
(4) if the employees after the end of service in the military power in the accession
the work of important cause that wasn't intentionally or through gross negligence,
the time limits shall to embark upon work laid down in paragraphs 1 to 3,
passing of important causes.
(5) If a staff member there has arisen an important cause referred to in paragraph 4 only
within the time limits laid down in paragraphs 1 to 3 to the commencement of the work,
run the following time limits for a period, after which takes important cause.
Wage
§ 6
(1) wages that employees pursuant to § 7 para. 2 of the Act, the
reduces the amount of 150 Czech Crowns per week.
(2) If an employee, who satisfies the conditions for entitlement to a reduced
wage, called on military exercises in the duration of more than 6 weeks, it is for the
This wage also in the fifth and sixth week.
(3) an employee who is entitled to the reduced wage, it is for the wage and
for any travel date (s) pursuant to § 5 para. 4 and section 4, paragraph 4. 3.
(4) entitlement to a reduced wage employees, if not for his family
income of the family are, in which jim provident post
for the Court (section 19), or if they are not employed without good reason.
§ 7
(1) Wages pursuant to section 7 of the Act shall mean all cash and in kind
benefits (benefits) that would have been entitled if the employee
He worked, except for reimbursement of expenses. finished For benefits in kind, if
the employee cannot use them, it must refund in cash according to the
Awards provided for the purposes of national insurance. Remain unaffected
employees ' rights to social benefits to children.
(2) for employees with variable wage is taken from the base of calculation according to
the average weekly wage of the previous paragraph, to which the staff member reaches the
the last 6 months before the date fixed for the commencement of service in
military power, or the salary, which would achieve if it did not hinder the
important it nezaviněná cause. When the last working ratio of less
than 6 months, taking as the basis of calculating the wage for this shorter time period.
(3) in the case of the household workers, the weekly wage means the average weekly remuneration
no extra charge for the complete Edition, reached at the last employer
the last 12 months before the date fixed for the commencement of service in
military power. If the employment of a domestic worker less than 12
months, the calculation basis for this shorter time period. When discovery
average weekly earnings are not taken into account the time during which a domesticated worker
did not work because he was ill.
(4) in the case of apprentices means wages pursuant to section 7 of the Act vychovávací post.
§ 8
(1) the employer shall pay the employee wages for the first two
weeks (article 7, paragraph 1, of the Act), no later than two days before the date fixed
povolávacím command or the určovacím ticket to the commencement of the service, after
If, before the date of leave or days before travel if it is to
an employee shall be entitled to them. If an employee has to take service in the military
be able to instantly, the employer is obliged to pay him a salary immediately.
(2) a reduced wage (section 6), the employer is obliged to pay in the usual
Payroll pay periods.
PART THREE
An extraordinary contribution
§ 9
(1) the competent persons can be from public funds to provide extraordinary
post, if it is necessary to mitigate the economic injury, which would
performance of service in the military came to power.
(2) an extraordinary contribution may be granted in particular to staff without
your guilt are not entitled to paid time off work and on wages.
(3) Outstanding contribution can elect persons to provide, in cases
worthy of special attention also to the payment of contractual obligations, such as. to
payment of rent of the apartment.
(4) the Special contribution provided for in paragraph 3 may not be granted a fair
persons who have income from the proceeds of the undertaking or other gainful
at least in the amount of assets sufficient to cover contractual obligations referred to
in paragraph 3.
(5) Special allowance shall not exceed the amount in each individual case 1
500 Czech Crowns; exceptions, in cases worthy of special consideration permit
Regional National Committee.
§ 10
Request for an extraordinary contribution is served by the local National Committee, in
abroad at the Embassy, in whose district had summoned person before
boarding services in the defence of the last permanent residence. On the application
shall be decided by the District National Committee, and in the case of a person who had the most
permanent residence before embarking on a service in a foreign country, the District National Committee
for the threshold I.
PART FOUR
Military hospital treatment and national insurance
The claims of some people called
§ 11
(1) the occupants of
and the special service, except service) members of the Corps of national security
in the Army (article 46, paragraph 2, of the Defence Act) and
(b) acts done for the purposes of) personal defence (section 45 of the same Act), which
they were on the day before embarking on a compulsory service, insured against illness
and maternity benefits under the National Insurance Act, shall remain subject to the
the provisions of § 12 continue to be compulsorily insured against illness and
motherhood in the range; contributions of the national
insurance § 14. Benefits of the same kind and in the same range provides
The central national insurance company as well as persons died mandatory
sickness insurance before embarking on a service in a protective time according to § 4
the law. If the persons referred to in the previous sentence provides military
manage their disease for full maintenance, are not entitled to
sick leave pursuant to the National Insurance Act. Otherwise, it is concerned
sick pay in a lump sum of 50 Czk per day.
(2) persons who held any of the services referred to in paragraph 1, which
have not been in the day before embarking on a compulsory services insured under the Act on
national insurance for sickness and maternity shall provide the Central
the national insurance company of extra-constitutional and constitutional treatment pursuant to §§ 27 and 28
whether or not the Act, maternity benefit according to the § 32 and death grants under its section
paragraph 49. 3. After the expiry of 3 months from the date of commencement of service
The central national insurance company of such persons and other benefits in kind
National sickness insurance as referred to in § 26 para. 2 of the law on
national insurance and birth in its § 44 para. 1.
§ 12
(1) military administration may decide that some of the persons mentioned in §
11 become the participants of the military sick care. Such measures shall be taken
military administration in particular for persons who cannot provide the benefits in kind
National sickness insurance for special circumstances arising from the
the nature of the services concerned.
(2) persons, of which the military administration has taken measures under paragraph 1,
not after the period during which are participants in military custody, claim sick pay
the benefits of the national health insurance. Space sickness may
military administration to provide financial assistance.
(3) the measures provided for in paragraph 1 may be withdrawn only if possible
the parties concerned to provide the benefits in kind national insurance
the sickness.
(4) on the measures taken pursuant to paragraphs 1 and 3 shall inform the military administration
If possible, appropriate District national insurance company.
section 13 of the
The claims of some members of the family
(1) the family members of the persons referred to in section 11 (1) 1 provides the
The central national insurance benefits the national sickness insurance in the
the current range. However, if they receive these family members
Provident post, does not belong to them to support the constitutional treatment of
pursuant to § 45 para. 1 National Insurance Act that would otherwise
shall be for the same period of time.
(2) the family members of persons referred to in section 11 (1) 2 provides
The central national insurance company extra-constitutional and constitutional treatment under § §
27 and 28 of the National Insurance Act and maternity benefit according to the §
32. After the expiration of 3 months from the date of commencement of the service provides a central
national insurance company the following family members as well as other benefits
National sickness insurance, belonging to the family members,
with the exception of support for constitutional treatment pursuant to § 45 para. 1 of the
the law.
(3) the provisions of paragraphs 1 and 2 shall apply even where, if they become the persons referred
in § 11 participants of the military sick care under section 12.
§ 14
Insurance
A person referred to in section 11 (1) 1 national insurance is payable
insurance.
PART FIVE
Provident post
§ 15
The conditions for entitlement to provident post
(1) the family members called people (section 3) are entitled to a
Provident contribution (hereinafter "post"), depends if their
the provision substantially on the called persons and if it is not about them at a time when
These individuals carry out service in defence, taken care of otherwise (section 17
paragraph. 1 of the law).
(2) If more members of the family of the authorised person, any one of which has
under the law, the obligation to provide other reimbursement for personal needs, and
If its income exceeds the amount of the contribution, which it is not for him (section 19),
the amount shall be deemed to own this excess income family
Members are entitled to reimbursement of personal needs.
(3) As their own income of family members is considered income that
It follows them from the proceeds of the undertaking of gainful employment of the authorised person, from the family
property or from their own income, which is called by the person during the service in the
defence and in excess of the amount of 3 500 Kčs per month. No account
However, the particulars provided by the authorised person pursuant to Act No. 88/1952
Coll. on the material security of members of the armed forces.
(4) the contribution of the family is not a national of the authorised person, that
without good reason is not employed.
section 16 of the
Entitlement to the allowance
(1) the entitlement to the allowance arises to eligible family members
employees,
and) who were called to the base or a replacement service and are entitled to
pay for the first two weeks (article 7, paragraph 1, of the Act), on the seventh day after the date of
povolávacím order to embark upon a specified service,
(b)) who had been called to other modes of services in defence and have
qualify for a reduced wage (article 7, paragraph 2, of the Act), on the day that follows the
the date of entitlement to this reduced salary.
(2) the entitlement to the allowance authorized family members of the other
skilled people created the day established by the povolávacím command or
určovacím ticket for boarding services in the defence. The provisions on the
of travel days pursuant to § 4 paragraph 2. 3 apply, mutatis mutandis, in the sense that
the entitlement to the allowance for travel days.
(3) where the conditions for entitlement to the allowance met only after the
the date set for the commencement of service, are entitled to a contribution from the date on which the
for this to happen. This is especially true, if only after this date called
the person has entered into marriage or the birth of her child or has lapsed, the source of the
that was taken care of maintenance of the family.
§ 17
Loss of entitlement to the allowance
(1) the entitlement to the allowance shall cease on the date authorized person
and in the service of) was the defence released or excluded from the army or
sentenced to the penalty with which it is otherwise associated exclusion from the army, or
(b)) spreads or
(c)) came back from captivity or return via the official challenge after
the expiry of the reasonable period of time, necessary for the return or
(d)), died or become missing.
(2) the provisions of § 5 para. 3 travel days apply in cases
referred to in paragraph 1 (b). and similarly, in the sense) that the right to
post responsibility also for travel days.
(3) entitlement to the allowance shall also cease for the duration, preceded by a period of 6
months prior to the filing of the application for a grant; for the previous period
can the District National Committee provide a contribution only in cases of
Special consideration.
(4) entitlement to the allowance shall also cease on the date of the removal of some of the
conditions the duration of entitlement to the allowance, in particular, on the day when the legitimate
a family member received a source of income from which is about its provision in
When called by the person held service in the military can, cared for otherwise,
or when an authorized family member died.
(5) if the authorized person,
and in the service of) was the defence dismissed for incompetence or
(b)), died or become missing, and if the beneficiary is entitled
the provident benefits according to the regulations on the custody of the military and war
poškozence and victims of war and the fascist persecution, paid post
Furthermore, as a backup to these delights, accountable to the rightful
decision on the claim, but not later than one year after the oak tree. The provisions of the
paragraph 4 shall apply mutatis mutandis. Any overpayments is not the beneficiary shall
return.
section 18
When the post temporarily does not provide
(1) the contribution shall be granted (entitled resting) as long
you called the person is serving a prison sentence of more than one
of the month.
(2) Furthermore, the post does not provide for a period during which the legitimate family
Member of the
a) is serving a sentence of imprisonment of one month or longer
(b)) is more that month in the interim of the Institute of the Ministry of national
safety or
(c)) is more than a month subject to a protective custody or
(d)) is in custody; If a prosecution for an offence for which the family
national taken into custody, stopped or if such act for actions
relieved, he would suffer the detainee post.
(3) does not provide the according to the provisions of paragraph 2, the first post
the family's residence permit (article 19, paragraph 5), who lives in the same household
with other eligible family members shall be considered on time
the post temporarily does not provide, for the first family
Member of the oldest of the other members of the family living in the
the common household.
§ 19
The amount of contribution
(1) the contribution is:
1. for the first family member of 1.500 Czk per month, however, when
and income from work) or the like or from literary or
artistic work, shall be reduced to half the amount by which their own income
exceeds 1,200 Czech Crowns per month,
(b) the pension from the national insurance) or provident benefits from public
resources, incurs the amount by which the pension or provident
benefits are greater than 700 Czech Crowns per month,
(c)) other income, running out of this entire income;
2. at the next family member 900 Czech Crowns per month, however, when
and income from work) or the like or from literary or
artistic work, shall be reduced to half the amount by which their own income
exceeds 600 Czech Crowns per month,
(b) the pension from the national insurance) or provident benefits from public
resources, incurs the amount by which the pension or provident
items in excess of 400 Czech Crowns per month,
(c)) other income, running out of the whole of this income.
(2) If a family member at the same time the revenue referred to in paragraph 1 (b).
a) and b) or c), added together, these income and assessed according to a point. and).
(3) the aggregate amount of the contributions payable to the family members of the same
the authorised person must not exceed 4,500 Czech Crowns a month. If it extends beyond the
the sum of the contributions due pursuant to paragraph 1 of the family as
the same authorised person 4,500 Czech Crowns per month, reduced by the contribution of other
the family of the same amount.
(4) the family referred to in § 3 (1). 2 are entitled to a post
in the amounts, which is called by the person required to pay to cover their
personal needs, or in the amount of regular aid which they have been
committed to provide or to them, without prejudice to its own maintenance (its
spouse, common law partner, children) actually provided, but not in the amount of
the amounts referred to in paragraphs 1 and 2.
(5) the first member of the family is considered to be
and) wife (husband) of the authorised person; otherwise,
(b)), mate (sort of) in the cases referred to in § 3 (1). 1 (b). (b)); otherwise,
(c)), the oldest Member of the family who is entitled to the allowance and living with
urgency to the date of commencement of service in the common
household, unless it is a child born after that day; otherwise,
(d)) the oldest or only one family member is entitled to
post.
section 20
The addition of.
(1) the contribution shall be the addition
and for a family member), which is at least 7 years, and which is permanently
so helpless that needs care and servicing of any other person,
(b)) for a family in the Roma for a period of 9 weeks before and 8 weeks after the birth.
(2) the addition referred to in paragraph 1 shall be granted even when it reaches your own
income of the family above, in which his contribution under the
the provisions of § 19 para. 1, no 1 (a). (b)), and (c)) and no. 2.
(3) the Allowance can be granted in other cases worthy of special
sight.
(4) Allowance shall be:
1. for the first family member of 750 Crowns a month, however, when
and income from work) or the like or from literary or
artistic activities, incurs the amount by which, together with the contribution of the
Czech Crowns per month, 3.450 exceeds
(b) the pension from the national insurance) or provident benefits from public
resources, incurs the amount exceeding 2 200 Czech Crowns per month,
(c)) other income, incurs an amount exceeding 1 500 Czech Crowns per month;
2. at the next family member 450 Czech Crowns per month, however, when
and income from work) or the like or from literary or
artistic work, running out of the amount exceeding Czk 2,400/month
(b) the pension from the national insurance) or provident benefits from public
resources, incurs an amount exceeding 1300 Czech Crowns per month,
(c)) other income, running out of the amount exceeding 900 Czech Crowns per month.
(5) In addition to the supplied pursuant to paragraphs 1 to 3 shall not apply
the provisions of § 19 para. 3, first sentence, the highest monthly total amount
contributions.
section 21
Application for a contribution.
(1) the entitlement to the allowance applies to the application, you may submit a
family members of the authorised person, their legal representatives; called by the
person and the minor members of the family also competent authority of mass
guardianship.
(2) the application shall be filed with the local National Committee, however, abroad
Embassy, in whose district the family member has a permanent
the stay.
(3) the application shall be submitted not later than on the day on which entitlement to the allowance
expires pursuant to the provisions of § 17 para. 1, 2 and 4. In cases worthy of
Special consideration can the District National Committee waive the deadline,
If it has been requested within 6 months of the expiry of the deadline for the filing of the application.
Commencement of services must be at least subsequently established the official
certificate.
(4) the application shall be decided by the District National Committee, whose jurisdiction should
authorized person before embarking on the service in the military can last permanent
the stay. If this should stay in a foreign country, shall decide on the application circuit
the National Committee for the threshold I.
(5) the Committee shall submit the application to the local national post within 7 days of
its submission to the District National Committee. The District National Committee
shall decide on the application within 3 weeks of its submission.
If it is not about the application within that period decided, the district will provide
the National Committee on post a reasonable advance.
section 22
Payment of the allowance.
(1) the allowance shall be paid monthly in arrears, all at once or in two
installments, usually 1. and 16. day of the month.
(2) the allowance shall be paid to the creditor or his family residence permit
legal representative. If such persons, can the District National
the Committee according to the circumstances of the case determined that the post will be for all
or for some of them paid to one of them. The authorised person shall not be
post paid.
(3) the allowance shall be paid by the District National Committee, which decided about the application.
Family members or their legal representatives who have permanent
stay in a foreign country shall be paid by the competent
a representative of the Office.
(4) in cases worthy of special consideration can the District National Committee,
the decision on the application, to provide backup to the post.
Article 23 of the
Stopping the payouts.
(1) termination of the entitlement to the allowance, it stops its payment no later than
at the end of the middle of the calendar month in which the day falls the extinction of the claim.
(2) in exceptional cases worthy of special attention may regional
the National Committee to allow a temporary additional payment of the allowance, even though the claim to the
It has lapsed under the provisions of section 17 para. 1.
section 24
When not required for foreign nationals, the condition of reciprocity.
Foreign nationals shall pay the contribution yet, that is not true
the condition of reciprocity, with regard to
and on the conclusion of the citizen's wife) to the service of the defence, that the marriage of
the use of Czechoslovak citizenship, or of her children,
(b) a citizen wanting a companion) to serve in the military can,
(c)) of the spouse, partner or children of the Czechoslovak citizen married for
the alien, which was called to service in the defence.
Part six
§ 25
The effectiveness and implementation.
This Regulation shall enter into force on the date of the notice; ^ *) will be
the Ministers of Interior, finance, justice and national defence, in agreement with the
the participating members of the Government.
*) Decree-Law No. 131/1950 Coll., as amended by Decree-Law No.
18/1953 Sb. shall take effect on 1 January 2000. April 1953
