78/1933 Coll.
Convention
between the Republic of Czechoslovakia and the Republic of Austria on social
insurance.
On behalf of the Czechoslovak Republic.
On behalf of the Czechoslovak Republic
and the Republic of Austria, the
This Convention has been negotiated with the final Protocol and the second final
Protocol:
Convention
between the Republic of Czechoslovakia and the Republic of Austria on social
insurance.
The President of the Czechoslovak Republic and Federal president of the Republic
Austria agreed to mutual relations in the field of social
insurance were regulated by contract. 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
the Ministerial Council in the Ministry of Foreign Affairs;
The Federal president of the Republic of Austria:
Mr. Robert Hellhound, Dra
the Ministerial Council in the Federal Ministry for social management.
These agents, and předloživše each other's full power and shledavše is
the correct and appropriate, they agreed on this:
A. General Provisions.
Article 1.
This Convention applies to the
1. sickness insurance workers (including farm workers) and the
employees in the higher service (including public employees),
2. accident insurance for workers (including farm workers) and the
employees in senior services
3. pensijního insurance of employees in the higher service
4. insurance for the mining of fraternal treasuries.
For accident insurance according to no. 2 in the accident, which also
replaces the public service insurance.
Article 2.
The two States, without prejudice to the provisions of article. 15 as to the benefits of the sector
social security referred to in article. 1 nationals of the second Member State, and
their survivors on a par with its own nationals and their
survivors.
Article 3.
(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, it shall apply for one year after the legislation of the State in which the
It is the seat of the sending company (residence of zaměstnavatelovo). Legal
provisions of that State also applies for the job, which by their nature
requires re-, in case one year not exceeding
stay at the second national territory. The Supreme Administrative authorities of both States can
a one-year time limit in exceptional cases by mutual agreement
prodloužiti.
(b)) On the employees.
1. public transport companies of one State who-whether on a transitional basis, whether
on border trails or in border stations permanently-are
employed 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 Republic of Austria, the Austrian Federal States and municipalities,
who are employed in the territory of the other State,
use of the legislation is the State in which it has its registered office management
the company, which these employees are subject to in their personal matters. U
the Czechoslovak State Railways, the Austrian federal railways and
postal administrations of both States decided the seat of the higher administrative authority.
Place after the provisions in (a) common sense. a) and b) shall also
Branch Office or other permanent equipment which will establish a company, having its registered office in
one State, in the State of the other.
(c)) on the insurance of employees of diplomatic and actual konsulárních
in this discussion, councils and authorities (Customs authorities, etc.) one State,
that have their headquarters in the second State, the provisions of the legislation
of the sending State, if these employees are citizens of that State. The same thing
apply for insurance of employees, members, Governors and other officials
appointed by the authorities. If it's requested, however, an employer in the arrangement
of service, the laws of the receiving State.
(2) where, pursuant to paragraph 1(b). 1 when the company (employer) that has
Headquarters (residence) in one State, the legislation of the second Member State to
employed in that State, puts the job after the sense of these legal
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 shall apply where an undertaking is subject to sickness,
legislation in only 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, assesses this track when you use
the above provisions as the staff member's own track. First sentence
shall apply mutatis mutandis also in other sectors of social insurance
referred to in article 14(2). 1.
(4) the application of the legislation of one State according to paragraph 1. 1. and 2. It also has a
in the wake of the bearers, the authorities and courts of the State social insurance
they are příslušni for the implementation of social insurance.
(5) if the contributions to the insurance carriers of one State,
Although they were bearers of insurance should be ploughing of the other State,
the first recipient of the mentioned insurance as long as příslušna,
until the jurisdiction will not be set by mutual agreement or until a dispute about the
the jurisdiction will not be decided lawfully controlling; in accident insurance managed by the
However, interim responsibility pursuant to the sickness insurance scheme of the
employee. A lack of legal State acts only for the insurance in
the future premiums due and for future cases.
(6) the provisions of paragraph 1. 1.-4. does not apply to the crews of ships (ship towed
etc.), sailing on the Danube and on the waters associated with it, and for other
persons permanently employed on board such vessels as well as air crew.
Article 4.
(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 or legal assistance in the same range as if it were on the implementation
own social insurance. In particular, shall be examined at the request of holders of
social insurance one State, as well as on the implementation of
the custom of social insurance, the right to the enjoyment of the benefits in
persons receiving compensation from the bearer of the insurance of the other State, and
the medical examination shall be carried out. Bearers, the authorities and courts of the social
insurance found later in the same range as if it were on the implementation
own social insurance, all that is necessary to clarify the factual
the essence and it-if the case is urgent, and if they are to do so according to their own
rules, to-i ex officio.
(2) Paragraph. 1. shall apply mutatis mutandis in the implementation of the Czechoslovak invalidity and
the old-age insurance.
Article 5.
(1) in the implementation of one of the branches of social insurance referred to in
article. 1. čítajíc, the Czechoslovak invalidity and old-age insurance,
the ordinary courts shall provide legal assistance (including assistance in the management of enforcement)
According to the regulations applicable to civil and commercial matters. Lawful
judgments of the Court on the question of enforceability are assimilated
enforceable rulings (payment orders, statements of arrears) holders
for the recovery of insurance premiums and other receivables from insurance
the ratio shall be the highest administrative authority is the bearer of the insurance clause
"drawn up for the purposes of performance execution" and attach a stamp and signature.
(2) the claims of holders of insurance one State of arrears on
the insurance shall enjoy in enforcement, bankruptcy or settlement proceedings in the State
the second the same preferential rights as of the relevant claim of the holders of
subsequently appointed by the State insurance.
Article 6.
(1) for a range of compensation expenses for legal assistance (including assistance in the performance of
execution) or for administrative assistance in accordance with article 4. and (5). are the rules
State to whom belongs the authority providing assistance.
(2) the claim for compensation in accordance with paragraph 1. 1. splatny, if not
among the participating actors, something else had been agreed, on the date on which the
completed official negotiations, which gave rise to the charges. 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.
Article 7.
(1) the Consuls of both States being regarded as authorised to represent
employees-citizens of its State prior to any carriers, the authorities and courts of the
the social insurance of the other State. National legislation, in accordance with
which requires the representation of special legal counsel are
unaffected.
(2) in the case of nationals of the other State, it is about the end of the accident investigation
but, the authority shall inform the competent consular of that State.
8.
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
one State on the wearer, the authorities and courts of the social insurance scheme of the second
State.
Article 9.
When submitting legal remedies in cases of any of the industry
social security referred to in article. 1. čítajíc, the Czechoslovak
invalidity and old-age insurance, the statutory period for retained
even then, if the appeal 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
a means of promptly posted
the Ministry of social care in Prague, where the decision on the appropriate
an instance of the Czechoslovak, and
the Federal Ministry for social management in Vienna, if
the decision of the appropriate instance of the Austrian.
Article 10.
The provisions on exemptions or relief on kolkovních or fee,
concerning the implementation of its own social insurance in one State
apply as well, even when the implementation of a social insurance scheme of the other State.
(B). the provisions of the special.
I. health insurance.
Article 11.
Stay in the border territory of the second State (agreement on the adjustment of the personal contact
in a small border traffic of 18 May. January 1923) not for
the granting of benefits from sickness insurance and for entitlement to voluntary
health insurance for your stay abroad.
Article 12.
(1) when you stay at the border of the territory could obligated recipient of insurance
provide benefits to either myself or požádati the wearer of sickness insurance
the second State to grant them.
(2) if so requested by the holder of the wearer's health insurance obligated
insurance of the second State to grant benefits in borderline territory,
the requested recipient of benefits, moved addressed letters rogatory. The requested carriers
insurance is actually replace the arising expenses; for the reimbursement of
benefits in kind applies the rates to use the requested bearer
insurance for their own beneficiaries. Article 6, paragraph 1. 2.
by analogy. Participating insurance holders can establish a permanent Alliance details.
(3) holders of insurance of both States can do according to the principles of the agreement
of paragraph 2. also in the cases in which they are obliged to offer
benefits to the places of the other State outside the border of the territory.
Article 13.
(1) with the permission of the highest administrative authorities can sickness
insurance and their associations ujednati, for the provision of benefits from
sickness insurance for their duration and amount, as well as for the right to
voluntary sickness insurance sickness period will be counted
insurance in the other State.
(2) if the insured person would have Had the rights to benefits from continuous and at the same time
the former insurance or insurance against the two former holders of
both States belong to him benefits only from that of the wearer, which is
compulsorily insured yet or the last time he got out of the insurance
obligations.
(3) entitlement to voluntary sickness insurance is resting for a period after
It takes employment subject to compulsory sickness insurance in the
the second State.
II. Pension Insurance.
a) General provisions.
Article 14.
With regard to the benefits of the pension insurance (article. 1., no. 2. to 4.)
čítajíc in it and any allowances, for the persons concerned,
that they are members of one of the two States, stay in the other State for the
stay in a foreign country.
Article 15.
(1) the Czechoslovak citizens will be to set-off of the earlier
service time pursuant to §§ 126, paragraph 1., no. 3. and 127, para. 1., no. 3.
and 4. the Austrian law on insurance of employees in the higher service
brought on a par with the Austrian Federal citizens, if they are to the Czechoslovak
country of citizenship at least since the 1930s. June 1929 and request if the record
These periods within six months after the publication of the Convention in both States;
However, if were not in the last three months prior to that date are insured
According to the Austrian law on insurance of employees in the higher service
will be brought on par with the Austrian Federal citizens, if requested by
the record within six months after the entry into employment, which is subject to insurance
under the said Act to the competent pensijního insurance, bearer
předložíce the necessary permits.
(2) nationals of both States but are not on a par with brought, if
as to the use of §§ 127, para. 2. (ii). (b)), 128 and 136, para. 2. and 6.
the Austrian law on insurance of employees in the higher service and section 176
Czechoslovak law on insurance of private employees in pensijním
Senior Services, as well as with regard to the use of section 24, para. 1.
Czechoslovak law on insurance with mining of fraternal treasuries in
the issue of counting time outside periods of illness.
Article 16.
(1) if someone is clamoring for benefits from the pension insurance, one of the two
States, holders of insurance oznámiti, whether subject to retirement
the insurance of the other State, and what the benefits of this insurance.
(2) the Abridged pensions (article. 19, paragraph 2. 3.), that do not exceed a month
amount CZK 40 or 8 shillings may be outlets capital value.
(b) accident insurance).
Article 17.
Entrepreneurs must not be předpisováno higher premiums on accident
Therefore, the insurance undertaking has its head office in the other State.
Article 18.
The provisions of article 12. also applies to healing when the enterprise accidents.
(c)) Pensijní insurance of employees in the higher service.
Article 19.
(1) if the insured person has been ploughing posts on Czechoslovak and
the Austrian insurance, added together, these contribution periods for the conservation
claims (cak), to achieve the waiting time and for the admissibility of voluntary
continuation of insurance, but not to the admissibility of the payment
uznávacího fee; for contribution periods apply, for which time was
paid insurance premiums, or the time that passed from the month in which ku
application or where the holder of the insurance policy or by the competent authority
insurance obligation is detected, as well as periods completed transfer or zákupem
(the right contribution periods). Any legal restrictions on the eligibility of
these times are when totaling unaffected. The right to allowance periods
put on a par with and otherwise eligible period if, and if, in the
the legislation of the State in which they were obtained, are operating in the directions from above
listed (equivalent period). If it is prescribed for an idea of the retirement
the specific number of contributory months income, contribution periods are
added together. Cover the period in both States, just simply.
(2) the period of disease, which retain claims pursuant to legislation
one State, as well as the amount of time that has been used both invalidity (old-age)
pension, also claims in the other State; the same is true of periods,
After that was paid uznávací fee, if the insurance case occurs in the
these times, or if immediately followed by the contributory
of the times. To the jinakým periods of maintaining claims shall take into account holders each
State in accordance with its national legislation.
(3) if the insurance case Occurs, to provide holders of insurance of both States
pension, to which it is entitled under the national law, taking into account the
paragraph 1. and 2. This article. For a pension account shall be
basis of national contribution periods. The basic amount is paid, however,
the only part that corresponds to the ratio of the national right of the contribution periods
contribution to the aggregate of real time in both States; to the right
contribution periods are counted as equivalent to the time and the time after
that in one State was paid uznávací fee, if the recipient of the
the second Member State shall be obliged to provide insurance benefits just because to
These periods into account. If it is not in the statutes of the bearer of the insurance
the provisions of the basic amount is assumed to be a basic amount of invalidity
pension rights, which determine the statutes for the period when the wait time has been completed.
As well as the basic amount divided by the dose, the amount does not depend on
get on, as well as the lowest dose. Ku reduction under previous
the provisions will not occur if obtained in one of two States at least 12
contributory months of pensionable service; in this case, there is no claim against the
holders of insurance in that State.
(4) If, when the staff (corporate) accident waiting time even
in effect, it is for pension only from the wearer's insurance, which was
a person who has suffered an accident, insured at the time of the accident, according to the legal
This legislation, the bearer of the insurance.
Article 20.
Article 19. do not pay for výbavné, but-except for the last
sentence of paragraph 1. 3.-also to surrender once and for all, which is running out as well
as the basic amount.
Article 21.
If the total benefits calculated according to art. 19. levy lower than that which would
was authorized in one of the two States alone according to the
national legislation and on the basis of contribution periods completed in this
the State will increase the recipient of insurance benefit, which goes to his score, the
the difference; for comparison it is gold of the session both currencies. It is the responsibility of the
insurance one State insurance became the second State, however,
recurrent payment, allocated to payment arising from the comparison
the insurance of the other State in accordance with actuarial principles in
payment of that kind, which is entitled under your own insurance coverage.
Article 22.
If under national law pension, looking to another claim,
running out or resting, are the competent Czechoslovak and Austrian claims
equal. The highest administrative authorities shall agree on the question of the implementation of the
the details.
Article 23.
Holders of both States provide insurance benefits to provide, and
issue about the Bill. The competent insurance carriers of the second State is
in advance to offer the opportunity to comment, if the insured
zapraveno insurance holders of both States. If there is no longer
national legislation entitled neodvisle from this Convention,
provide the provisional dose. Otherwise possible to offer interim dose.
Of article 24.
Established by the holder of the insurance benefit, nepřihlédnuv fully to the provisions of
This Convention provides for the levy again under this Convention, even if the
the prerequisites for the granting of benefits already have been met by the acquisition of
national contribution. An earlier assessment shall cease, then the new
determination of dose effect. The same is true, if Gu's change in circumstances,
that is according to the rules of this Convention rozhodny for the determination of benefits.
Article 25.
Holders of insurance of both States can establish a permanent Alliance, that the current payments to
be provided under the preceding provisions, the vypláceti completely
one of them; He then commonly replaces the amounts attributable to him.
Article 26.
If the work has an impact on entitlement to benefits, their assessment and duration, is
work performed in the other State built on a par with employment in
territory of the country.
d) insurance with mining of fraternal treasuries.
27.
The provisions of article. 19 and 21 to 26 shall apply mutatis mutandis in the ratio between the
Czechoslovak and Austrian insurance for mining of fraternal treasuries.
C. the provisions of the final.
Article 28.
(1) each of the two States shall issue independently of the provisions on the implementation of this
the Convention, if it is needed for its scope.
(2) the provisions issued by the Supreme Administrative Authority shall be notified of
the second Member State.
Article 29.
The Supreme Administrative authorities of both States agree about how it would be
company, if possible, easily and with the least cost, delivery and
to the implementation of the social insurance payments from the territory of one State to the territory of the
the second Member State.
Article 30.
Both States have insurance holders shall mutually
uvědomovati, if she is, that the insured person has translated the territory of one
State to the territory of another State. Holders of insurance may be dohodnouti about the
the details.
Article 31.
The Supreme Administrative authorities of both States shall decide in mutual agreement on
disputes that arise in the interpretation and application of this Convention. In the absence of
the agreement, valid for additional control over the conciliation and arbitration provisions of the Treaty
between the Republic of Austria and the Republic of Czechoslovakia of 5 November. March
1926.
32.
(1) if will emerge between right-holders, offices or social insurance courts both
States in the case of a dispute, in order to use the right one
or of the other State, may, until the decision referred to in article 14(2). 31 the holder
insurance, of which the first was reported from the contested claim work
the ratio, to offer interim care, if it was there would be entitled under the legislation of
the laws of both States. Recipient of the pension insurance scheme can perform this
care pověřiti the wearer of sickness insurance. Care depends on the
the provision of benefits to which they would be required to the holder of the insurance referred to in
the legislation 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 přiměti
the bearer of the insurance to provide interim care, and plays, the peace
benefits. If there is a dispute between insurance carriers who are not subject to the same
the supervisory authority shall decide the Supreme Administrative Authority, if it is necessary, in
the agreement with the participating ministries.
(3) the holder of the insurance then beholden to insurance carriers, which replaces the
provide provisional care costs by emanating. Article 6, paragraph 2. 2.
by analogy.
Article 33.
The highest administrative authority after the sense of this Convention is to
The Czechoslovak Republic Minister of social welfare and for the Republic
Austrian Federal Minister for social administration.
Article 34.
(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 dovolati,
mediation konsulárního the Office of the second Member State, the competent
of the registered office.
Article 35.
This Convention shall be ratified. Ratification shall be as far as possible in
She was replaced in Vienna.
Article 36.
(1) the Convention shall take effect on the first day of the month that follows the
the exchange of instruments of ratification.
(2) the provisions of this Convention shall apply from the date of its effectiveness for
the earlier cases of pension insurance premiums, the provisions of article. 19 to
27 does not apply, however, if it was lawfully controlling pension granted in both States already
before the effective date of the Convention or if the pension nepříslušel in any of the
both States, even if the provisions of the Convention was applied; the proceedings may be
initiated ex officio, must, however, be initiated, where it is justified
the person or the holder of the insurance of the other State concerned. When you use the
the provisions of this Convention shall be taken into account and the contribution periods, which have been
obtained prior to its effect. If at the time before the effective date of the Convention in
cases, article 3. the actual definition of the ratio of the two insurance regulations
This article remains.
(3) during the period before the effective date of this Convention shall not apply retrospectively. If it was
has not yet provided a pension higher than income belonging under a fractional factorial design
This Convention is not the beneficiary shall nahraditi the difference. If they have been
given a single dose, the pension payable shall
performance, but would the safety case was occurred before 1 January 2003. in January 1929.
(4) persons who would have been entitled to volunteer at retirement;
insurance, if contributory periods completed in both States have been
possible, in the time of the termination of the insurance obligations of the sčítati after the sense of this
Convention, and if together amounted to at least 60 contribution months,
admit to the voluntary continuation of insurance coverage, starting from
the effectiveness of the Convention, if the first post is paid within three months after its publication in the
the Convention in both States; This voluntary continuation of insurance will be
However, the only effective, if the insurance case has occurred first, 18 months after the
the effectiveness of the Convention.
Article 37.
Each of the two States can vypověděti this Convention within a period of at least one
year for the end of the calendar year. Liabilities from insurance cases
This Convention was applied, are holders of insurance to do this on the basis of
the Convention required to perform further beholden to yet, that Convention was vypověděna.
Claims (čáky), which according to the provisions of this Convention have been maintained,
do not notice the Convention; their other conservation manages to be
After the demise of the effectiveness of the Convention under domestic law.
The proof was signed by agents hand-signed this Convention.
Convention drawn up on the fifth of September 1931 in Prague in two original copies in the
Czechoslovak and German language, from which each of the two States received after
one.
Dr. Jan Brablec.
Dr. Gregor.
The final Protocol.
Both Governments consistently declare that no later than the time when the effective
the Austrian disability insurance, will launch new negotiations to that end,
to the reciprocity rule is contained in the previous Convention have been extended to
disability insurance of both States.
Prague, may 5. September 1931.
Dr. Jan Brablec.
Dr. Gregor.
The second final Protocol.
The provisions of article 11 shall not apply to sickness insurance for agricultural
the workers until the agreement of both the Supreme Administrative authorities will not set
the full effect of those regulations; However, the benefits from sickness insurance
in any case, will be provided, if the insurance case
duration of the insurance.
In Prague on 18. January 1933.
Dr. Jan Brablec.
Dr. Kv. Gregor.
Prozkoumavše with the final Protocol to this Convention, and the second final
We endorse the Protocol and we confirm it.
The conscience we have signed this sheet and the seal of the Republic
The Czechoslovak přitisknouti dali.
Prague Castle on 7 December. April devítistého thirty-one thousand years
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 Vienna the day
April 27, 1933, so the Convention acquired pursuant to article. 36 the international scope of the
on 1 January 2004. May 1933.
Dr. Edvard Beneš in r.
