73/2006 Sb.



LAW



of 3 July 2003. in February 2006,



amending the Act No 118/2000 Coll., on the protection of workers when

insolvency of the employer and amending certain acts, in

amended by Act No. 435/2004 Coll.



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 118/2000 Coll., on the protection of workers in the insolvency

employer and amending certain laws, as amended by Act No 436/2004

Coll., is amended as follows:



1. the following § 1, including footnote No 1 is added:



"§ 1



This law incorporates the relevant provisions of the European Communities ' ^ 1 ') and

governs the protection of employees in the employer's insolvency.



1) Council Directive 80/987/EEC of 20 December. October 1980 on the approximation of the laws

the laws of the Member States relating to the protection of employees in the event of

insolvency of the employer.



European Parliament and Council Directive 2002/74/EC of 23 December 2003. September 2002,

amending Council Directive 80/987/EEC on the approximation of the laws of the

of the Member States relating to the protection of employees in the event of payment

the inability of the employer. ".



The former section 1 is renumbered as section 1a.



Footnote No. 1 is referred to as a footnote

No 1a, including links to a footnote.



2. In article 2 (2). 1 at the end of subparagraph (b)) a comma is replaced by a dot and the

subparagraph (c)) shall be deleted.



3. In article 2, paragraph 1, the following paragraph 2 is added:



"(2) the law shall further not apply to employees who have been posted to the

the performance of the work to the United States if their employer that is

a legal person, has its registered office or an employer who is a natural

a person's place of business outside the territory of a Member State

Of the European Union. ".



The former paragraph 2 becomes paragraph 3.



4. in section 3 of the letter a) is added:



"and the employee) means a natural person with whom the employer negotiates a

employment or an agreement of employment, on the basis of which it

incurred at the time of 6 months preceding the month in which it was filed

application for a declaration of bankruptcy (hereinafter referred to as the "qualifying period"), the payroll

claims expenses by the employer ".



5. In paragraph 3 (b). (c)), the words "the competent court seised

a declaration of bankruptcy by a special legal regulation ^ 5) "are replaced by

the words "filed for bankruptcy before the competent court in the Czech

Republic ^ 5), or for the multinational employer, also the date on which

declared insolvent with a competent authority in another Member

State of the European Union ^ 5a) ".



Footnote # 5 and 5a are added:



"5) § 4 and 4a of the Act No. 328/1991 Coll., on bankruptcy and settlement, as amended by

amended.



5A) Council Regulation (EC) no 1346/2000 of 29 June 2000. May 2000 on insolvency

control. ".



6. In paragraph 3, at the end of subparagraph (c)) dot replaced with a comma and the following

the letter d), which read as follows:



"(d)) is a transnational employer an employer who, in addition to

pursuit of the activities in the Czech Republic operates on

the territory of at least one other Member State of the European Union. ".



7. in section 3, the following paragraph 3a is inserted:



' section 3a



Wage claims of employees of transnational employers, which is in the

insolvency, is Bureau of labor required to satisfy only

If the employees of the employer in the period of the transnational

engaged in work in the Czech Republic. ".



8. In section 4, paragraph 4. 1, the second sentence is replaced by the phrase "If the wage claims

apply an employee who does not stay in the Czech Republic is obliged to

choose in the Czech Republic's representative for the service of documents and the

the fact, along with the account number operated by financial institution, to

the Labour Office in applying wage ^ 5b). ".



Footnote # 5b:



"5b) Act No. 101/2000 Coll., on the protection of personal data and on amendments

certain acts, as amended. ".



9. in section 4, paragraph 4. 2 at the end of subparagraph (b)), the words "or in the

the circuit is located of the multinational employer,

that does not have its registered office on the territory of the Czech Republic. "



10. In section 4, paragraph 4. 4 the first sentence, after the words "no later than 5" shall be replaced

"working".



11. in section 4, paragraph 4. 4 the third sentence, after the words "the following" shall be replaced

"working".



12. in section 4, paragraph 4. 5, after the words "the application for a declaration of bankruptcy"

the words "rejects the ^ 5 c) or".



Footnote # 5 c:



"5 c) § 43 para. 2 of the code of civil procedure. ".



13. in section 5, paragraph 1 reads:



"(1) the wage claims of the employee can exercise no more than

the corresponding payable wage claims for 3 months the vesting period.

Period of 3 months is calculated backwards from the first day of the calendar month in

which has filed for bankruptcy. The Labour Office can

to satisfy the employee's wage claims, relied on one and the same

the employer for the period of 1 year only once. ".



14. in § 5 para. 2 the words "§ 9 para. 6 "shall be replaced by the words" § 9 para. 7. "



15. In paragraph 6, the words "and at the same time establishes the duration of the employment relationship or

contracts for work or the end of the relevant period "

shall be deleted.



16. in section 7 (2). 1, after the words "no later than 14 days", the words "from the

delivery call. "



17. in paragraph 8 of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) If an employee wage claims within the time limit referred to in section 4, paragraph 4. 5 and

from the written recognition due to the wage by the employer or

an administrator has passed more than 10 days, notify the competent labour office

deciding on the payroll of a claim term employees, the method of satisfaction

claims and an indication of the period for which payroll demands to satisfy, and give cash

the Institute of payment order within 10 days of the date on which the request is received

employee. ".



18. in paragraph 9, the end of the text of paragraph 1, the words "valid at the date of

submission of the application for a declaration of bankruptcy, ^ 11) ".



19. in § 9 para. 4, after the words "in section 7 of the" the words "and an employee when

the application of wage claims did not submit evidence that their rate of

shown to be proven ".



20. in section 9, paragraph 4, the following paragraph 5, including

footnote No. 11a is inserted:



"(5) the authority of the work referred to in paragraph 1 or 4 shall accord to workers monthly

the salary is entitled to the amount equal to the minimum wage, even if

When an employee engages in a calendar month the work to the extent

fixed weekly working time ^ 11a), but only provided that the

the relative wage claim corresponding to the shorter length of this amount

reaches or exceeds it. If an employee, to whom is reserved for the

wage claim pursuant to paragraph 1 or 4, applies a lower amount than the

minimum wage, admits his Office work wage claim in the applied amount.



11A) § 83a para. 5 of the labour code ".



Paragraphs 5 to 7 shall be renumbered 6 to 8.



21. in § 9 para. 7, after the words "no later than 7" shall be replaced

"working".



22. in § 9 para. 8, after the words "no later than 5" shall be replaced

"working" and the number "6" shall be replaced by the number "7".



23. in section 10, paragraph 1 reads:



"(1) Bureau of labor before the satisfaction of wage claims under § 8 of them

performs deductions and payments under special legislation ^ 9)

the employer should make for the staff in the relevant monthly period.

If the Labour Office decided to pay a claim under section 9, makes precipitation

and charges under special legislation out of payroll

claim. ".



24. in section 10, paragraph 2, the following paragraph 3 is added:



"(3) the authority shall, without undue delay, work to the employer, which

employees and in what amount the wage claims satisfied. ".



The former paragraph 3 shall become paragraph 4.



25. In section 11 (1) 3, the word "paid" the words "and

recoverable "and the words" (section 8) and (9) "is replaced by" (sections 8 to 10) ".



26. in § 12 para. 1, the words ", including interest on late payments" are deleted.



27. in § 12 para. 1 (b). (c)), the words "not to confirm" are replaced by

the words "not to comply".



28. in paragraph 12, at the end of paragraph 1, the period is replaced by a comma and the following

the letter d), which read as follows:



"(d)) was rejected by the application for a declaration of bankruptcy, ^ c).".



29. footnote # 16:



"16) section 4A(1). 4 Act No. 328/1991 Coll., as amended

regulations. ".



30. in section 12 paragraph 2, including the footnotes 18 and 18a is inserted:



"(2) the obligation to return the funds, in the cases referred to in

paragraph 1 (b). (c)) the employer arises only if the cancellation

the bankruptcy occurred because the Court has found that there are assumptions

for bankruptcy ^ 18), with the exception of cancellation of bankruptcy because of that

the debtor's assets is insufficient to cover the costs of bankruptcy ^ 18a)

the result of the abolition of the employer without liquidation.



18) § 44 para. 1 (b). and) Act No. 328/1991 Coll.



18A) § 68 para. 3 (b). (f)) of the commercial code. ".



31. in section 12 paragraph 3 reads:



"(3) if the employer did not pay the Employment Office funds

within the time limit referred to in paragraph 1, is in default. After the expiry of this

the deadline is obliged to pay interest for late payment. ".



32. In paragraph 13, the words "pay office work" the words "paid

and paid "and the words" granted "the words" and

provided ".




33. In paragraph 13, the word "admitted" shall be replaced by "has paid off".



34. At the end of paragraph 13, the following sentence "default interest shall apply from the

date of payment of employees and levy funds according to the specific

^ Law 9). ".



35. At the end of paragraph 2, the following sentence "default interest shall apply from the

date of payment of the employees. ".



36. in article 14, the following new section 14a is inserted:



"§ 14a



The Ministry of labour and Social Affairs shall, on request of the bodies of the

European Union Member States which meet the pay demands

the employees of the employer's insolvency information ^ 5a)

concerning employees ' outstanding pay claims

transnational employers in proceedings under this Act. ".



Article II



Transitional provision



On the requests of the employees about satisfaction of wage claims, which relate

proposals for bankruptcy lodged before the date of entry into force of

This law, the competent labour office under the existing legal

regulations.



Article. (III)



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Act No. 118/2000 Coll., on the protection of workers in the insolvency

employer and amending certain laws, as is clear from the laws it

changing.



Article IV



The effectiveness of the



This Act shall take effect on the first day of the calendar month

following the date of its publication.



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