390/2011 Sb.
DECREE
of 29 April 2004. November 2011,
amending Decree No. 518/2004 Coll., implementing Act No.
435/2004 Coll., on employment, as amended
The Ministry of labour and Social Affairs shall be determined according to § 77 para. 1, § 78
paragraph. 12, § 81 para. paragraph 5, section 119a. 8 and section 130 of the Act No. 435/2004 Coll.
on employment, as amended by Act No. 367/2011 Coll.:
Article. (I)
Decree 518/2004 Coll., implementing Act No. 435/2004 Coll.
employment, as amended by Decree No. 507/2005 Coll. and Decree No. 452/2008
Coll., is amended as follows:
1. In the title of § 2, the words "employment office" shall be replaced by the words "by the Office
the work ".
2. Footnote 3 is added:
"3) section 104 of the labour code".
3. Footnote 4 is added:
"4) § 163 and 176 of the labour code".
4. in § 5 para. 1 the words "Labour Office" shall be replaced by "Office work".
5. In the heading of part II, the words "and protected working workshop" are deleted.
6. In the heading of paragraph 6, the words "and the work place in a protected work
Workshop "are deleted.
7. In paragraph 6, the words "and a job working in a protected workshop"
shall be deleted.
8. In paragraph 6 of the present text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) in the hearing of the application for conclusion of the agreement establishing or defining
protected post office work takes into account the fact that the
the employer
and has not concluded in the period 12) months before the date of submission of the application,
an employee, who is a person with a disability, the contract
the basis of which he was the employee required to provide financial
resources contrary to accepted principles of morality,
(b) the date of filing of the application) shall be paid not less than 80% of employees who are
persons with disabilities, which may claim the
pursuant to section 78 of the Act's contribution, the wage or salary bank transfer to
account with that financial institution, or a postal order,
(c) the date of filing of the application) employs an absolute majority of the employees,
who are persons with disabilities, at their workplace,
d) is assigned to employees who are persons with disabilities,
suitable in terms of positive effects on social integration
These people, or in terms of the proportion of funds expended
from the State budget on the employment of people with disabilities and
the revenue gained from the sale of products and services that are related to
the employment of such persons.
(3) the agreement on the establishment of, or the definition of a protected work space can be
conclude with an employer that meets the criteria referred to in paragraph 2
(a). a), b) and (d)), or the criteria referred to in paragraph 2 (a). a) to (c)). ".
9. Article 7 shall be deleted.
10. section 8 and 9 including the title as follows:
"section 8
Types of operating expenses of job-protected
(1) the operating costs of a protected work space that can be
the employer, pursuant to section 76 of the Act provide a contribution shall be considered as
and administrative costs) increased in the amount of 7% of the average monthly wage in the national
the economy during the first to third quarter of the previous calendar
the year, which are the costs of
1. management of human resources, labour or the social agenda of the staff who
are persons with disabilities,
2. communication with State authorities and other bodies in the context of the
employment of people with disabilities,
3. rent for the area of work, storage or handling space
associated with the employment of persons with disabilities,
4. mandatory revision of the device, without which they cannot be disabled
persons employed,
5. mandatory revision of the object used for the employment of people with
disabilities, if the object is owned by the employer,
6. services associated with the use of the object, in particular, revision of the chimneys,
lightning conductors, wiring, whose price is included in the rent,
7. increased energy consumption and fuels associated with the employment of people with
disabilities, or
8. water and sewerage rates associated with the employment of persons with disabilities
disabilities,
(b) the cost of operating staff and) the work of assistants, which are
1. pay the cost of operating staff and assistants working in the
the basic employment relationship to the employer, to the extent
the corresponding number of hours worked by employees or the operating
work assistants when assistance to employees who are persons with
disabilities, or
2. the cost of the work of the assistants in the case that it is not a
employees of the same employer,
(c) transport costs) in connection with the employment of persons with disabilities
disabilities, which are the costs of
1. the transport of employees who are persons with disabilities,
the workplace and from the workplace, or
2. the transport of goods and finished products,
d) costs of adapting premises, which are the costs of
1. acquisition and verification of computer software for
the employment of people with disabilities,
2. acquiring and customizing assistive technology devices
used by employees who are persons with disabilities,
3. the acquisition of communication and navigation facilities,
4. customize the hygienic, heat, light or noise
the conditions of persons with disabilities, or
5. the construction or extension of operations needed for the employment of people
the disabled, including the cost of computer equipment.
(2) For the purposes of paragraph 1 (b). (b)) for the operational staff and
the work of the Assistant is not considered an employee, whose employment is
provides a contribution under section 78 of the Act, or the employee whose payroll
costs are covered under section 3 (1). 1 (b). and).
(3) If a part of the costs referred to in paragraph 1 and of value added tax
values, and the employer is not liable for the tax, the tax on
value added for the operational cost of the protected work place.
§ 9
Types of operating expenses of job-protected self
gainfully employed
(1) the operating costs of a protected work space self
employed, which may, pursuant to section 76 of the Act provide a contribution,
shall be considered as
and administrative costs) increased in the amount of 7% of the average monthly wage in the national
the economy during the first to third quarter of the previous calendar
the year, which are the costs of
1. rent for desktop work space, storage or handling,
related to performance of self-employment, with the exception of
the rent for the premises intended for habitation,
2. mandatory revision of the device, without which the disabled person
a self-employed person could not exercise,
3. mandatory revision object used to exercise self-employed
activities, if the object is owned by a person with a disability
and is not intended for housing,
4. services associated with the use of the object, in particular, revision of the chimneys,
lightning conductors, wiring, whose price is included in the rent,
with the exception of services for the premises intended for habitation,
5. the power and fuel performance-related employment
activities, or
6. water and sewerage performance related to self-employment,
(b)) the cost of transport, in particular material and finished products,
(c) costs of adapting premises) used to perform self
gainful activities, in particular the cost of
1. acquisition and verification of computer software,
2. adaptation and acquisition of assistive technology devices,
3. customize the hygienic, heat, light or noise
conditions, or
4. the construction or extension of the operation, including the cost of computer
facilities.
(2) If a part of the costs referred to in paragraph 1 and of value added tax
values, and a self-employed person is not liable for this tax,
shall be considered as value added tax, for the operational cost of the protected
workplace self-employed persons. ".
11. in section 10, the first sentence is replaced by the phrase "the contribution under section 76 of the Act
a deposit is provided on a quarterly basis or in another agreed period ^ 10). ".
12. the heading of part three:
"CONTRIBUTION TO SUPPORT THE EMPLOYMENT OF PEOPLE WITH DISABILITIES IN THE
PROTECTED WORK SITE
(To § 78 para. 12 of the Act) "."
13. the title of section 11 is added:
"The calculation of the average quarterly number of employees and equivalents
employees who are persons with disabilities ".
14. Footnote 8 is added:
"8) § 79 of the labour code, as amended by Act No. 362/2007 Coll.".
15. In paragraph 12, the words "heavier" disabilities "are replaced by the words
"the heavier the disabled ^ 9)".
16. in article 14, the following new section 14a, which including the title reads as follows:
"§ 14a
Types of additional costs, which can increase the contribution to support
the employment of people with disabilities
(1) for an additional cost, you can increase the contribution referred to in § 78 para. 3
the law shall be considered as
and administrative costs) increased in the amount of 4% of the average monthly wage in the national
the economy during the first to third quarter of the previous calendar
the year, which are the costs of
1. management of human resources, labour or the social agenda of the staff who
are persons with disabilities,
2. communication with State authorities and other bodies in the context of the
employment of people with disabilities,
3. rent for the area of work, storage or handling space
associated with the employment of persons with disabilities,
4. mandatory revision of the device, without which they cannot be disabled
persons employed,
5. mandatory revision of the object used for the employment of people with
disabilities, if the object is owned by the employer,
6. services associated with the use of the object, in particular, revision of the chimneys,
lightning conductors, wiring, whose price is included in the rent,
7. increased energy consumption and fuels associated with the employment of people with
disabilities, or
8. water and sewerage rates associated with the employment of persons with disabilities
disabilities,
(b) the cost of operating staff and) the work of assistants, which are
1. pay the cost of operating staff and assistants working in the
the basic employment relationship to the employer, to the extent
the corresponding number of hours worked by employees or the operating
work assistants when assistance to employees who are persons with
disabilities, or
2. the cost of the work of the assistants in the case that it is not a
employees of the same employer,
(c) costs of transport related) with the employment of persons with disabilities
disabilities, which are the costs of
1. the transport of employees who are persons with disabilities,
the workplace and from the workplace, or
2. the transport of goods and finished products,
d) costs of adapting premises, which are the costs of
1. acquisition and verification of computer software for
the employment of people with disabilities,
2. adaptation and acquisition of assistive technology devices
used by employees who are persons with disabilities,
3. the acquisition of communication and navigation facilities,
4. customize the hygienic, heat, light or noise
the conditions of persons with disabilities, or
5. the construction or extension of operations needed for the employment of people
the disabled, including the cost of computer equipment.
(2) For the purposes of paragraph 1 (b). (b)) for the operational staff and
the work of the Assistant is not considered an employee, whose employment is
provides a contribution under section 78 of the Act, or the employee whose payroll
costs are covered under section 3 (1). 1 (b). and).
(3) If a part of the costs referred to in paragraph 1 and of value added tax
values, and the employer is not liable for the tax, the tax on
value added for the operational cost of the protected work space. ".
17. in section 18 paragraph 2 reads as follows:
"(2) in the event that the number of people with disabilities under the
paragraph 1 is greater than the average number of employees
vendors who are persons with disabilities, endorsed for
the calendar quarter, the employer's share in the performance of the statutory
for the reference calendar year may count towards people with disabilities
only in the number of which has been confirmed in the respective calendar quarters
as the highest; in determining this number, supplier shall proceed pursuant to section
11. The calendar quarter for these purposes is the calendar quarter
preceding the taxable transactions for the supply of goods or services or
Award of contracts ".
18. under section 18 shall be added to § 18a is inserted:
"§ 18a
Employers and self-employed persons according to § 81 para. 2
(a). (b)) of the Act may, within the total amount provided for in § 81 para. 3 of the law
count the price without value added tax, and goods and services
granted in a given calendar year, or for a specified contract to be fulfilled in the
given calendar year. ".
19. In the heading of paragraph 23, the words "employment office" shall be replaced by the words "by the Office
the work ".
20. in section 31 for the number "30", the words "pursuant to section 114 of the Act and".
21. under section 31, the following part seven, including title and notes
footnote No 14:
"PART SEVEN
SHARED EMPLOYMENT MEDIATION
(Section 119a paragraph 8 of the Act)
§ 31a
(1) information on the progress of recruitment and cooperation
jobseekers with the agency work provides the agency work
the regional branch office of the work in a way allowing remote access.
(2) contribution to the shared employment mediation for each applicant
for employment, which facilitates the employment agency work
under an agreement with the Labour Office, is due within 30 calendar days from the
the date of conclusion of the agreement in accordance with section 119a of the Act.
(3) the contribution for the placement of jobseekers to employment
for an indefinite period shall be payable within 30 calendar days from the date of
employment of jobseekers.
(4) allowance for job seekers to remain located in the
the ratio for an indefinite period for at least 6 months shall be payable within 30
calendar days from the date on which the employment agency announced this fact
the regional branch office work.
(5) contributions will provide bank transfer to the account of the Agency
work.
Section 31b
For the purposes of the selection of shared employment mediation agencies
be enforced in the procurement under a special legal regulation ^ 14).
14) Act 137/2006 Coll., on public procurement, as amended
regulations. ".
The former part of the seventh and eighth are referred to as part of the eighth and ninth.
22. in paragraph 32 (a). (h)), the words "of the Ministry of labour and Social Affairs"
replaced by the words "Labour Office".
23. In the annex to the Decree No. 518/2004 Coll., in the title the words "offices
work and workers in the Ministry of labour and Social Affairs "shall be replaced by
the words "the Labour Office and the regional offices of the Labour Office".
24. In the annex to the Decree No. 518/2004 Coll. on the front of the staff regulations
certificate MOLSA, the words "stamp" is replaced by "stamp of the Labour Office of the CZECH REPUBLIC".
Article. (II)
The effectiveness of the
This Decree shall enter into force on 1 January 2000. January 2012.
Minister:
Dr. Ing. Drabek in r.
