160/1989 Coll.



LAW



of 13 October. December 1989,



amending and supplementing Act No. 98/1987 Coll., on special contribution

the miners



The Federal Assembly of the Czechoslovak Socialist Republic has resolved

to this Act:



Article. (I)



Law No. 98/1987 Coll., on the special contribution of the miners are changing and

supplemented as follows:



1. sections 1 to 6 read as follows:



"§ 1



Mining organizations provide workers in the mining industry to mitigate the

the material and the social consequences of the change of the employment or related with the

the release for the performance of public functions as a social benefit special

the contribution of the miners (hereinafter referred to as "special allowance").



The conditions for entitlement



§ 2



(1) the special contribution is working, that in order to achieve

maximum exposure or the risk of occupational disease of

the existing employment and working category in the mining industry to the Standing

the workplace under the ground in deep mines ^ 1)



and) was transferred to another, less risk, working in the underground of the deep sea

down,



(b)) was transferred to another job outside the underground of underground mines, or



(c) the employment relationship) ended to the Organization in which he exercised as referred to

employment.



(2) entitlement to the special allowance is also working, which, after reaching

maximum exposure or the risk of occupational disease

He was from employment referred to in paragraph 1 released for public performance

function.



(3) entitlement to the special allowance is also working, who was employed

a total of at least 15 years of employment referred to in paragraph 1, has reached for the

his duration at least 50 years of age and no longer is exercise.



(4) entitlement to the special allowance is also working, that because of the

the implementation of the reduction programme approved the appropriate government



and from employment) referred to in paragraph 1, in which it was employed

a total of more than three years, to work outside the underground of underground mines,



b) switched from another work and working in the mining category.

exercised under the ground in deep mines, ^ 2) in which it was employed

a total of at least five years, to a job from which are not eligible for

Special allowance, or



(c)) from work I work when editing and the final category

the processing of uranium ore, ^ 3) in which he was employed a total of at least five

years, the employment of which shall not be entitled to a special allowance.



§ 3



Special contribution does not belong, if



and working) paid old-age or disability pension, and if it is a

Special allowance under section 2 (2). 1 to 3, whether or not, if he is paid

in higher or equal to the amount of the partial disability pension,



(b) shall be paid by the Organization, working with the wage) settlement ^ 4) or a supplement to the

average earnings; ^ 5) special allowance, however, in addition to the payroll

compensation or supplement to average earnings, if it

working on the date of receiving the entitlement to compensation of pay or supplement

to average earnings,



(c)) is not employed for more than two months; by this time, the

does not count the period during which the allowance is paid sick leave or working after

which is kept in the records of the National Committee as a job-seeker;

for employment is considered to be the founding participation in work activities

retirement security



(d))



1. carries out a risk again work in the employment referred to in § 2 (2). 1,

in the case of special allowance under section 2 (2). 1 or 2,



2. is employed in the employment referred to in § 2 (2). 1, in the case of special

post under section 2 (2). 4 (b). and)



3. is employed in a job, out of which a claim for a special

the post, in the case of special allowance under section 2 (2). 3 or § 2 (2).

4 (b). b) or c)



e) reached the age of 60 years.



§ 4



(1) the maximum exposure for the work on individual workplaces

underground underground mines set a binding judgement of the competent authority

public health service. Marshaling work into categories of risk and monitoring

exposure for an individual working in the underground of underground mines are carried out

the organisation under this binding opinion.



(2) less risky work in underground underground mines shall mean work,



and according to the opinion) which is the competent authority public health service included

to the category of work not exceeding the low risk with respect to

convert to achieve maximum exposure, or



(b)) in which working is not exposed to a risk, which led to a threat to the

occupational disease, in the case of transfer to the risk of occupational disease in

the basis of the medical assessment the competent authority of the national health administration.



(3) the Employment outside the underground underground mines shall mean any other employment,

than a job and working in the mining industry with the permanent category

the workplace under the ground in deep mines ^ 1) and other jobs as well.

the work of mining categories carried out underground in deep mines.

^ 2)



(4) Employment included in i. working category for the purposes of

the provision of special contribution assessed under the terms of

provisions on social security. ^ 6)



§ 5



The amount and duration of the special allowance



(1) the amount of the special allowance, unless otherwise stipulated,



and Czech Crowns per month, 1900)



b) 1500 Crowns per month, in the cases referred to in § 2 paragraph 1. 1 (b). and).



(2) Working as referred to in § 2 (2). 4 (b). a) provides special

contribution in the amount of 1900 Kčs per month for



and three months if) he was employed a total of less than five years in

employment referred to in § 2 (2). 1,



b) six months if he was employed a total of five years on the job

referred to in § 2 (2). 1; the term of the special contribution shall

extended for three months for each additional year of employment, from which it arises

entitled to a special allowance of not more than 30 months.



(3) the Working set out in § 2 (2). 4 (b). and), which was, at the date

the transition to another job rubačem, EuroCat, razičem or hlubičem,

Special allowance is granted in the amount of 1900 Kčs per month for



and five months if) he was employed a total of less than five years in

employment referred to in § 2 (2). 1,



(b)) 16 months if he was employed a total of five years on the job

referred to in § 2 (2). 1; the term of the special contribution shall

extended for three months for each additional year of employment, from which it arises

entitled to a special allowance of not more than 30 months.



(4) Working as referred to in § 2 (2). 4 (b). (b)), and (c)) provides

Special allowance in the amount of 1500 Czk per month for three months,

If he was employed a total of five years in the job, from which it arises

entitled to special allowance; the term of the special contribution shall

extended for three months for each additional year of employment, from which it arises

entitled to a special allowance of not more than 30 months.



(5) if the special allowance belongs to the next to pay compensation or

Supplement to average earnings, unchanged.



(6) if the special allowance belongs to the next partial invalidity

income, in the amount of



and the difference between the two doses), in the case of the special allowance referred to in section 2 of the

paragraph. 1 to 3,



(b)) one half, in the case of special allowance under section 2 (2). 4.



(7) if it satisfies the conditions for entitlement to workers special allowance

where appropriate, on his paycheck, only part of the month, or if the amount of the

the special allowance during the month is changed, the amount referred to in

the previous paragraphs is fairly adjusted; While daily amount

the special allowance is one třicetinu the monthly amounts and the

the resulting amount shall be rounded to the nearest Crown up.



(8) the Government of the Czechoslovak Socialist Republic, by regulation, increase

the monthly amount of the special allowance depending on the changes that

occurred in the development of wage levels, or pension in the amount of benefits

Security.



§ 6



A claim



(1) are entitled to special allowance applies to a written request based on

the Organization, in which the last exercise before the change or the end of the

employment under section 2 of the employment from which the entitlement to the social

dose.



(2) the Organization shall, within two months after receipt of the request delivered to the

your own hands the applicant written notification of whether or not he was special

granted or not; before the consideration of the application is required to

to obtain all the necessary documents.



(3) the notification of the granting organization, the special contribution shall contain

a statement from when the special allowance, the amount of the grants, the reasons for the award of

and maturity, and in the case of special allowance under section 2 (2). 4, also

for its provision; notification of refusal of the special contribution shall

include the reasons why the special contribution does not belong. The notification must always

include lessons learned about the possibility of going to court. ".



1) § 14 para. 2 (a). and) Act No. 100/1988 Coll., on social

Security.



Appendix 2 of regulation of the Government of the CZECHOSLOVAK SOCIALIST REPUBLIC No. 117/1988 Coll., on spool

employment in class I and II. work category for purposes of retirement

Security.




2) § 14 para. 2 (a). (b)) of the Act on social security.



3) § 14 para. 2 (a). h) of the Act on social security.



4) § 10 of the Decree of the Federal Ministry of labour and Social Affairs, no.

102/1987 Coll., on the application and the material security of workers in the

mining permanently unfit for work.



§ 12 et seq. Decree of the Federal Ministry of labour and Social Affairs

of 19 December 2003. December 1989 on personnel security organizational

changes and citizens before taking up employment.



5) § 115 paragraph. 7 of the labour code.



§ 10 para. 6 Decree No. 102/1987 Coll.



6) § 8, 14, § 15 para. 2 through 5 and section 16 of the Act on social security.



Regulation of the Government of the CZECHOSLOVAK SOCIALIST REPUBLIC No. 114/1988 Coll.



2. in article 7, 9, 12, § 13 para. 2, section 14 and section 17 para. 1 deleted the word

"mining".



3. section 8 reads as follows:



"section 8



Payment of the



(1) the special contribution shall be paid to the organization referred to in section 6 (1). 1 month

behind.



(2) the overlapping of special allowance under section 2 (2). 1 to 3 and

the special allowance under section 2 (2). 4 the special allowance under section 2

paragraph. 4 shall be paid in the amount of one half of the amounts referred to in § 5 para. 2

up to 4. When overlapping of special allowances pursuant to § 2 (2). 4, the

pay a special contribution that qualify; time

the provision of additional special allowance shall be reduced by the time that the

He insisted the accumulation of claims.



(3) special allowance shall not be paid during your stay eligible in

a foreign country. After returning from abroad, the special allowance payable, but no longer than

for a period of one year from the date on which the creditor notifies the return from abroad

the organization.



(4) special allowance is not taxable. ".



4. In article 11 (1) 3 and 4, § 12 and 15 is deleted the word "mining".



5. § 13 para. 1 including the title reads as follows:



"The obligations of the recipients and organizations



(1) the recipient of a special contribution shall report an organization that

a special allowance shall be paid within eight days, the changes in the facts

decisive for the duration of entitlement to special allowance, the amount and payment

(section 3, 5 and § 8 para. 2 and 3). If it has not complied with this obligation or

otherwise knowingly caused the special allowance was paid to wrongly or

in the wrong amount, is required to a specific post or part of the return

from the date on which Hess at all or from which belonged in a lower amount;

If eligible for additional special allowance shall report

the Organization, for which the claim is made by, and the fact that he receives

special contribution from another organization. ".



6. In paragraph 14, the word "of", the words "and the provision of time".



7. in paragraph 15, the words "the ministries work" shall be replaced by "ministries

health care ".



8. in article 16, paragraph 2 shall be deleted; at the same time repealed numbering

paragraphs.



9. in section 17(2). 1 the words "mining employment" shall be replaced by

"the employment referred to in § 2 (2). 1. "



10. under section 17 of the new section 17a shall be inserted, as follows:



"§ 17a



For the purposes of compensation for damage caused by an accident at work or occupational disease

the profession is the specific contribution referred to in section 2 (2). 4 be disregarded. ".



Article II



1. the specific contribution referred to in section 2 (2). 4, if the conditions for

his return have been met after 31 December 2006. December 1989.



2. To be eligible for the special allowance will be included as well as periods of employment

1. January 1990 from the beginning of their proven performance.



3. If working did not arise or has lapsed before the 1. January 1990

the special post just because he was a paid part-time

invalidity pension, special allowance belongs to the first, from 1. January 1990,

If they are to this day and the other conditions of the claim, in the amount of

and under the conditions laid down in this law.



Article. (III)



The Bureau of the Federal Assembly is hereby authorised, in the collection of laws

the full text of the law has declared no 98/1987 Coll., on special contribution

the miners, as is apparent from the amendments made by this Act.



Article IV



Regulation of the Government of the Czechoslovak Socialist Republic.

1/1989 Coll., on the increase in the special allowance the miners.



Article. In



This Act shall take effect on 1 January 2000. January 1990.



Čalfa in r.



also on the site of President of the Republic according to article. 64 the Constitutional Act on the

the Czechoslovak Federation



Kukrál in r.