With The Empire By The German Social Security

Original Language Title: s říší Německou o sociálním pojištění

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209/1933 Coll.



Convention



between the Czechoslovak Republic and the German Empire, on social insurance.



On behalf of the Czechoslovak Republic.



On behalf of the Czechoslovak Republic



and



The German Empire



This Convention was agreed:



Convention



between the Czechoslovak Republic and the German Empire, on social insurance.



The President of the Czechoslovak Republic and the German Reich president agreed

on the mutual relations in the field of social insurance have been contractually

modified. To this end, have designated their agents:



The President of the Republic:



Mr. Jan Brablece, Dra



trade unions of the Ministry of social welfare, the preferred and



Mr. W.j. Dra Gregor



min. Council in the Ministry of Foreign Affairs;



German president:



Mr Andreas Griesera, Dra



Ministerial Director at the Imperial Ministry of labour, and



Mr. Adolf Siedlera, Dra



referujícího legačního advice in the Foreign Office.



Agents these vyměnivše each other with full power, which they found the right

and appropriate, they agreed on this:



And.



The provisions of the General.



Article 1.



(1) the terms of this Convention, the following branches of social insurance:



1. the sickness insurance of workers and employees in the higher service



2. accident insurance of workers and employees in the higher service



3. the invalidity and old-age insurance (disability insurance)



4. pensijního insurance of private employees in the higher service

(insurance of employees in the higher service and diagnostics of pensijního

insurance of employees in senior services)



5. insurance for mining (mining pensijního twin registers

insurance workers).



(2) the Convention netýče-up to advantages arising for authorised persons

from articles 3, 4, 13 and 14-insurance of ships ' crews (towing a boat, etc.)

sailing on the Danube and other on board such vessels permanently employed persons,

as well as insurance of air crews.



Article 2.



(1) in the implementation of the social insurance sector, referred to in article 1,

use the integration principle, legislation of the State in whose territory the

carries out work applicable to insurance. To this rule are the following

exceptions:



and if the undertaking) (the employer), which has its registered office (place of residence)

one State employee for temporary employment in the territory of the other

State, i.e. one year legislation of the State in

which is the seat of the posting undertaking, or if it is not there business, residence

zaměstnavatelovo. The legislation of this State applies to employment,

which by their nature require re-, in case one

year not exceeding their stay at the second national territory.



(b)) On insurance of employees:



1. public transport companies of one State who-whether on a transitional basis, whether

on the připojových lines, continuous lines or border neb

transition stations permanently-employed are in the territory of the other State,



2. the undertakings of the Republic of Czechoslovakia, the Czechoslovak countries, counties and

municipalities and enterprises of the German Empire, German States, municipalities and municipal associations,

who are employed in the territory of the other State, use is legal

regulations of the State in which it has its registered place of business management, of which these

employees are subject to in their personal matters. The Czechoslovak

the State Railways, the Imperial railways company of German and both postal

management decided the seat of the higher administrative authority.



Place after the provisions in (a) common sense. a) and b) is also considered a branch of the

or other permanent equipment company, having its head office in one Member State,

the State shall establish the second.



(c)) on the insurance of employees of diplomatic and actual konsulárních

in this discussion, councils and authorities (customs, passport offices, etc.)

the State, which have their registered office on the territory of the second Member State, i.e.

the legislation of the sending State, if these employees are citizens

of that State. The same is true for the insurance of employees, members and heads of districts

other officials appointed by the authorities. In the field of sickness insurance applies

However, at the request of the law of the State of the receiving zaměstnavatelovu.



(d)) in excess of the agricultural and forest enterprises, which have their

registered office on the territory of one of the two States, the legislation of

State in which the registered office of the undertaking is also exclusively on insurance of persons

they are employed in part of an undertaking situated in the other State.



e) On insurance of employees who are employed on board ships or

rafts and vorových businesses on the Elbe, the legislation

of the State in which the employees have their place of residence. The same is true for the shipping

and vorové businesses on the oder.



(2) where, pursuant to paragraph 1(b). 1 when an undertaking which has its registered office in one

State, the legislation of the second Member State to employment in that State

puts employment under this legislation on a par with the company.



(3) if things are accidents there in one State, under the laws of the

accident insurance the second Member State, the provisions of these laws, even if

as for the other claims for damages due to accident, you can exercise

According to the laws of the first State; the same applies, if the undertaking is subject to the

a group of law only in one of the two States. If a rail

employee injury, vykonávaje employment under paragraph 1(a). 1, point (a). (b)), no. 1

during the operation of foreign railways, it shall be treated of this Swimlane, in applying the provisions

This paragraph, as the staff member's own track.



(4) the application of the legislation of one State according to paragraph 1. 1 also has in

then, the bearers, the authorities and courts of the State social insurance

are the sales agent for the implementation of social insurance.



(5) for the insurance accident after the sense of the present Convention shall also accident

the provision, which replaces the public-sector accident insurance.



Article 3.



Both of the Contracting States as to the benefits of the social security sector

referred to in article 14(2). 1, no. 2-5, nationals of the other State, and there are surviving on

shall be assimilated to its own nationals and their survivors. This is true for

agricultural accident insurance of agricultural seasonal workers and their

survivors at all, otherwise, however, only as long as agricultural enterprises or

they employed the same kind under the legislation of both States

subject to sickness.



Article 4.



When you use the law of one State to rebuff demands from

one of the branches of social insurance referred to in article 14(2). 1, no. 2-5

not stay in the other State for authorised persons belonging

one of the two States for the stay in a foreign country.



Article 5.



Bearers of the one in the article. 1 of the branches of social insurance

one State will, on request, in the same way as if it were on the implementation

own social insurance zkoumati the right to the enjoyment of the

benefits of persons receiving compensation from the insurance of the other bearer

State, and set out to do the medical examination. The expenses to be borne by the requesting

the bearer of the insurance.



Article 6.



(1) in the implementation of one of the branches of social insurance referred to in

article. 1 provide bearers, the authorities and courts of the social insurance of one

State courts, authorities and holders of social insurance of the other State

administrative assistance, to the same extent as if they were performing custom

social insurance.



(2) the provisions of article. 5 a of the preceding paragraph shall apply mutatis mutandis in the implementation

Czechoslovak public employees health insurance.



(3) Holders, offices and social insurance courts found in the same

range, as if they were carrying out their own social insurance, all

What is required to clarify the facts, and it-if the case is urgent, and if

to do so according to their own rules, to-i ex officio.



(4) the costs associated with the provision of administrative assistance shall be in the same

extent as in their own social insurance.



(5) in the implementation of one of the branches of social insurance referred to in

article. 1 ordinary courts shall provide legal assistance under the legislation of

applicable to civil and commercial matters.



Article 7.



Referred to in article 5 and 6, if not between the interested actors

both parties something else had been agreed shall be due on the date on which the

completed official negotiations, which occasioned a rise to expenses. The claims are

splatny in the month following the notification in the currency in which they originated. The delay is

pay through the 4% interest from the due date.



8.



(1) the Consuls of both States being regarded as authorised to represent

employees belonging to their State prior to any carriers, offices and

the courts of the other State social insurance; national legislation,

that require special representation by a lawyer, are unaffected.



(2) in the case of a national of the other State, it is about the end of the accident investigation

vyrozuměti shall inform the competent consular office of that State.



Article 9.



The Supreme Administrative authorities of both States agree about how

It would be designed to make the accounts and, if possible, direct contact to administration

members of one State to that of the wearer, the authorities and courts of the social

the insurance of the other State.



Article 10.



When the remedies available in cases of any of the branches of social


the insurance referred to in article 12(2). 1 the statutory period for retained

When the appeal came in a timely manner by the holder of the Office or court

the social insurance of the other State. In these cases, let there be an appeal

resource immediately posted on the Ministry of social care in Prague,

If there is a decision of the appropriate instance of the Czechoslovak, and Reich

the insurance office in Berlin, if there is a decision of the appropriate instance

German.



Article 11.



The provisions on exemptions and reliefs in matters of fiscal stamps and other charges

valid for the implementation of its own social insurance in one State

applies equally to the implementation of the social insurance of the other State.



Article 12.



(1) if will emerge between right-holders, offices or social insurance courts both

States in the case of dispute, whether it is to use the right one

NEB, other State may, until the decision referred to in article 14(2). 30 winner

insurance, of which the first was reported from the contested claim

employment, to offer interim care. Recipient of the insurance

for pensions can the implementation of this pověřiti care sickness benefits insurance company.

Care depends on the provision of benefits to which the recipient of the insurance has been

obliged to under the law applicable to him.



(2) if the provisional care denied or has not been subject to the provision in the

to the extent necessary, the supervisory authority may, on the complaint přidržeti

the bearer of the insurance to provide interim care and plays, the assessment

benefits. If there is a dispute between insurance carriers who are not subject to the same

the supervisory authority shall be decided by the highest administrative authority-if it is needed,

in the agreement with the interested ministries-it fixed or authority.



(3) the holder of the insurance then beholden to insurance carriers, which replaces the

provide provisional care costs by emanating. Article 7 shall apply mutatis mutandis.



(B).



The provisions of the special.



(I).



Sickness insurance.



Article 13.



(1) the right to benefit from sickness insurance when a person rests

justified leaves after the occurrence of the insurance case on a voluntary basis without permission

the bearer of the insurance to the territory of another State. Permission is not required,

If the person entitled to the border of the territory of the other State, which

adjacent to the circuit (district) of his sickness insurance, as long as there

is staying. Entitled to rest, even if the person entitled resides since

earlier in this territory, as long as there is staying.



(2) in the neighbouring border areas after the sense of this article, it shall be considered

the circumference of the sickness insurance of the other State, which shares a border with

sickness insurance companies relevant to the girth of the granting of benefits.



(3) the Supreme Administrative authorities of both States agree to pay off what other

the territory of the call is for the border areas after the sense of this article.

In principle, they will be declared the border territory of the neighbouring territory, especially those

Whither they were running out of regular work force from the other State.



(4) when you stay at the border of the territory may be indebted to the undertaking provide

benefits either alone or požádati insurance company of the second State for the provision of

benefits. The requested undertaking shall provide the benefits in accordance with the regulations that apply

for requesting insurance company. The requested insurance company nahraditi is actually

resulting spending; for the reimbursement of costs for benefits in kind applies the rates,

to use the requested undertaking for its own beneficiaries.

Article 7 shall apply mutatis mutandis.



Article 14.



(1) sickness insurance companies Involved or their unions may establish a permanent Alliance

For more details on mutual assistance and the provision of benefits for the family

nationals in the border territory, and for the crew on inland ships

and rafts.



(2) with the permission of the highest administrative offices after the sense of this Convention can

participating insurance companies or their associations of sick-list ujednati that Member

the times, which have been obtained in the territory of one State, will be included in the

the other State, if the claims are dependent on getting the lowest Member

of the times.



II.



Accident insurance.



Article 15.



Entrepreneurs must not be předpisováno higher premiums on insurance

accident, therefore, that the undertaking has its registered office in the second State.



III.



Invalidity and old-age insurance (disability insurance), pensijní

insurance of private employees in the higher (insurance services

employees in senior services and mining pensijní insurance

employees in senior services) and insurance with ve-fraternal

cash registers (mining pensijní insurance of workers).



Article 16.



(1) if the insured person Were: contributions to the Czechoslovak

insurance invalidity and old-age and invalidity insurance, Germany shall

These contribution periods, if these do not coincide, for the preservation of entitlements (cak) and

to achieve the waiting time. About what time lez započísti,

make decisions for each of the two States ' insurance national

the legal regulations.



(2) if the insurance case Occurs, to provide holders of insurance of both States

pension, to which it is entitled under the national law, mindful

paragraph. 1 of this article. For the calculation of retirement shall take as the basis

national contribution periods. The basic amount of the Czechoslovak, as well as

from the German of the basic amount and the German supplement for children, however,

only pay through the piece, which corresponds to the ratio of the national contribution periods

contribution to the aggregate of the periods of ztrávených in both States. This reduction

No, it was not obtained in one of the two States more than a non-smoker!

contributory weeks. In this case, there is no entitlement to a pension to

carriers of the State of insurance has been obtained more than a non-smoker!

contributory weeks.



(3) Short pensions (para. 2), that do not exceed a monthly sum of forty

Czechoslovak crowns or five reichsmarks, may be its outlets

capital value.



(4) the enjoyment of retirement in one State preserves (čáky), also in

the State of the other.



(5) the provisions of this article shall not apply to single doses.



Article 17.



Article 16 shall apply mutatis mutandis when the insured person's contributions for:

the Czechoslovak pensijní insurance of private employees in the higher

services and on the German insurance employees in senior services, or on

the German mining pensijní insurance of employees in senior services

the fact that the place of the contribution referred to in article twenty-six weeks. 16, para. 2

started twelve contribution months. In doing so, the provisions on

the basic amount for the lowest pensions under the Czechoslovak

legislation.



Article 18.



Article 16 shall apply mutatis mutandis when the insured person's contributions for:

Czechoslovak insurance with mining of fraternal treasuries and German

mining workers ' insurance pensijní.



Article 19.



In determining whether there is a right to a pension from an insurance

sectors referred to in the article. 1, no. 3-5 will be taken of the contribution periods,

obtained in the territory of one of the two States in the other State as if the

contribution periods have been obtained in a insurance that second

State.



Article 20.



The State's contribution (additional cost) to the pensions of the disability and

the old-age insurance (disability insurance), which participates in the

holders of both States, the insurance will pay the State in which the person entitled

not only does he live temporarily.



Article 21.



If the total of the pensions (including State contribution-Reich supplement)

calculated in accordance with the foregoing provisions lower than income, which should

provide the insurance holder of one of the two States alone according to the

national provisions on the basis of contribution periods in its State

obtained, the holder of its share of the pension insurance for the difference.

For comparison is the basis of the relationship of the two currencies of gold.



Article 22.



Holders of both States provide insurance benefits to provide, and

issue about the Bill. The competent insurance carriers of the second State is

debit in advance the opportunity to comment, the posts were ploughing in both

States. If there is already a legal entitlement under national law

neodvisle from this Convention, is to offer interim levy; otherwise, it can be

to offer interim dose.



Article 23.



Holders of insurance of both States can establish a permanent Alliance that partial pensions, which

We must provide under the previous provisions, will be one of the vypláceti

them; the second replaces him then normal amounts attributable to him.



(C).



The provisions of the final.



Of article 24.



(1) each of the two States shall issue separately the provisions to implement this

the Convention, if it is needed for its scope.



(2) the provisions of whichever issued is been able the Supreme Administrative

authority of the other State.



Article 25.



The Supreme Administrative authorities of both States agree about



and it would be) how, if possible, the company easily and with the least

the cost of delivery and payment to perform social insurance from the territory

one State to the territory of the other State,



(b) how the vymáhati premium arrears) or other insurance

ratio of the resulting receivables insurance one State against the bearer of the

the debtor in the State second.



Article 26.



The highest administrative authority after the sense of this Convention is with the Czechoslovak


by the Minister for social welfare, with the German side of the Reich Minister of labour.



27.



(1) Contact the holders, offices and social insurance courts of both States in the

the implementation of this Convention is happening directly.



(2) if there is no direct contact of the separate reasons possible, can holders,

the authorities and the courts of one State social insurance dožádati,

mediation konsulárního the Office of the second Member State, the competent

of the registered office.



Article 28.



(1) the provisions of article. 3-12 is to use without distinction, it's a snap

the case before the effective date of this Convention or after that date.



(2) if the application for a pension for the bereaved in the insurance

casualty before the date this agreement is rejected, may lawfully controlling

on request, issued a new notice of assessment. The request can not administer just until the expiration of one

year from the effective date of this Convention.



Article 29.



When you use this Convention, is přihlížeti and the contribution periods

have been obtained before the date of effectiveness of this Convention.



Article 30.



The Supreme Administrative authorities of both States (article 26), the terms in mutual agreement

disputes that arise in the interpretation and application of this Convention.

If there is no agreement, the further provisions of the arbitration agreement

between the Czechoslovak Republic and the German Empire of 16 June. October 1925.



Article 31.



(1) this Convention shall be ratified. Instrument of ratification will be if

She can be replaced in Prague. The Treaty will take effect on the first day

months following the exchange of instruments of ratification.



(2) each of the two States can vypověděti this Convention within a period of at least

one year to the end of the calendar year. In each case, however, are

holders of insurance committed under this Convention, shall be obliged to continue to perform

liabilities from insurance cases that occurred in the life of this Convention.

Claims (čáky), which according to the provisions of this Convention have been maintained,

do not notice of this Convention. Their other conservation manages for

period of time after the demise of the effectiveness of this Convention in accordance with national regulations

of the laws.



The proof was signed by agents hand-signed this Convention.



Drawn up in two original copies in the Czechoslovak and German language.



In Berlin on 21 February 2006. March 1931.



Dr. Jan Brablec in r.



Dr. k. Gregor v. r.



Dr. a. Grieser in r.



Dr. Adolf Siedler in r.



Prozkoumavše endorsement of this Convention, and we confirm it.



The conscience we have signed this sheet and the seal of the Republic

The Czechoslovak přitisknouti dali.



Prague Castle on 31 December 2004. one thousand years of the 30th October devítistého

the third.



The President of the Republic:



T. g. Masaryk in r.



L. S.



Minister of Foreign Affairs:



Dr. Edvard Beneš in r.



Is that the instruments of ratification were exchanged in Prague on

November 16, 1933, and that the Convention referred to in article 31 shall be acquired on January 1. December

1933 international effectiveness.



Dr. Edvard Beneš in r.

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