59/1957 Coll.



Decree of the Minister of Foreign Affairs



of 21 June 1999. August 1957



on the agreement between the Government of the Czechoslovak Republic and the Government of the German

Democratic Republic on cooperation in the field of social policy,

The final Protocol



On 11 July. September 1956 was a negotiated agreement between the Government of the Czechoslovak

the Republic and the Government of the German Democratic Republic on cooperation in the field of

social policy, with the final Protocol.



The Government has approved the Protocol to the agreement with the final on 4 October. January 1957.



According to article 18 of the Agreement with the final Protocol entered into

force on 16. January 1957 exchange of notes concerning its approval.



The Czech text of the agreement is annexed shall be designated in the annex to

Collection of laws. ^ 1)



David v. r.



The AGREEMENT



between the Government of the Czechoslovak Republic and the Government of the German Democratic

Republic on cooperation in the field of social policy.



The Government of the Czechoslovak Republic and the Government of the German Democratic Republic,

Desiring to modify the mutual relations in the field of social policy in the spirit of

friendship and cooperation between the Czechoslovak Republic and the German

Democratic Republic, have decided to conclude the following agreement and

have designated as their representative:



the Government of the Czechoslovak Republic Minister of Foreign Affairs



Václav David,



the Government of the German Democratic Republic, Deputy Prime Minister and Minister of

Foreign Affairs



Dr. Lothar Bolze,

who vyměnivše your power of Attorney, and shledavše is in good and due

as agreed on the following provisions:



(I).



General provisions



Article 1



The range of validity of the Agreement



1. the two Contracting Parties shall cooperate on all matters and at all

areas of social policy. This cooperation serves to social progress

as in both States, as well as on the international markets.



2. To this end, the two parties will promote social

policy exchange of experience, mutual learning, versatile, as well as

cooperation between the competent authorities and institutions, as well as trade unions and

in other organisations.



3. both parties shall encourage the provision of case-after

physical resources-organisované authorities and visits

institutions, as well as trade unions and other organisations in the field of social

policy.



4. both parties will be mutually supportive zotavnou care for children,

young people and workers, carried out by the State, as well as the trade or

in other organisations. Details will be determined by agreement of the competent

the central authorities of both States.



5. the two Contracting Parties undertake to cooperate in the field of social

policy, in particular when the search for the missing, when the evidence and

reporting, individual issues of personal and

family circumstances.



6. this agreement regulates the relations between the two parties on

the field of social insurance in the following sectors:



and pension insurance)



(b) accident insurance)



c) sickness insurance



d) family allowances.

If this agreement does not imply otherwise, you are subject to its provisions on

social insurance (pension and accident insurance) also on the public

pensijní and accident replacement social insurance pension. The same thing

also applies to the pensijní nadlepšení (supplementary pension insurance) modified

the specific provisions or guaranteed by contract in the context of the

(the staff) ratio.



Article 2



The principle of the same assessment



1. the citizens of one State, employed in the territory of the other State, as well as

their family members will be assessed with the perspective of the study

the legislation, as well as with aspects of social legislation

insurance, especially in the provision of benefits, as well as custom

citizens, if this agreement does not stipulate otherwise. Also have rights and

obligations as their own nationals.



2. Same adjustment applies mutatis mutandis to the citizens of one State who are

temporarily present on the territory of the other State, or are living in the other State, and

are needy.



II.



Social insurance



Article 3



The implementation of the insurance



1. in the implementation of social insurance shall apply-with the exception of

the granting of benefits-legislation of the State in whose territory the

carried out work (activities) applicable to insurance (hereinafter referred to as "State

workplace "), unless otherwise provided in this agreement.



2. According to the legislation of the State of the workplace is assessed, in particular,

insurance and compulsory, the beginning and the termination of the insurance, as well as

spare time.



3. For the implementation of insurance sales agent are authorities of the State of the workplace.



Article 4



The provision of social insurance (pension and accident

insurance)



1. Pensions and other benefits of the pension and accident insurance will provide

under its law, the holder of the insurance of the State on whose territory the

the insured person or beneficiary family member has his or her domicile at the time

the claim (hereinafter referred to as the "State of residence"). In doing so, the recipient of the

insurance shall take into account periods of insurance (employment) obtained both in the

nationally, and in the other State. This applies mutatis mutandis to the

the provision of pensions from the public pensijního and accident precaution

the replacement social insurance.



2. where the pensioner is Moving to another State, it stops payment of pension

the date of relocation. This also applies to pensions from the public pensijního and

accident replacement social insurance pension, as well as for

supplements to pensions from pensijního nadlepšení (the pension

supplementary insurance), as modified by specific legislation or guaranteed

contracted in connection with the (staff) ratio.



3. the holder of the insurance of the State in whose territory the pensioner is moved, it shall provide

přesídlivšímu pensioners pension rights according to their own laws;

the provisions of the second sentence of paragraph 1 of this article shall apply mutatis mutandis. The demands on the

pension insurance benefits in these cases by always

preserved. Returns if the pensioner, the holder of the original insurance resumes

State from the date of return of the pensioner, the payment of income (pense a supplement to the

pension), pledged in accordance with paragraph 2 of this article.



4. the provisions of paragraph 3, the first and the second sentence of this article shall apply mutatis mutandis,

If the insured person or a moving eligible family member to another

State after the establishment of the right to benefit, however, before granting benefits.



5. To make decisions about the right to benefit are the authorities of the State sales agent

residence.



6. Moving a pensioner or insured person or beneficiary family

Member to a third State, shall apply to the payment of the pension legislation

the State of which he is a citizen.



Article 5



The provision of social security (sickness insurance and

family allowances)



1. Cash benefits sickness insurance and family benefits provides a

According to its own law, the holder of the insurance of the State of residence.

Bearing in mind also the period of insurance (employment), obtained in the territory of

the second Member State.



2. If Moving to another State, the insured person, which is at the time of their

relocation entitlement to sickness insurance cash benefits, it stops

the payment of these benefits on the date of relocation. The same applies, mutatis mutandis, where the moving

the child, to which he was entitled to family allowances. Winner of second insurance

in this case, the State shall provide cash benefits and family allowances under the

own legislation with regard to the period of insurance

(job) obtained in the first State.



3. Sickness insurance shall provide the recipient of the insurance State

on whose territory the insured person or beneficiary is a family member.

Details, in particular as regards the scope of the benefits shall be determined by

agreement the central competent authorities of both States.



4. the Cash and benefits in kind of sickness insurance, as well as family

the allowances will provide persons who are receiving a pension under this agreement,

According to its own law, the holder of the State in which the insurance is

pension. Present if such persons or their family

Members in the other State, shall apply mutatis mutandis to the provisions of paragraph 3 of this

article.



5. Persons who reside in the border territory of one State and that

working in the border territory of the second Member State shall provide the benefits in cash

sickness insurance, as well as family allowances, recipient of the insurance

the State of the workplace.



Article 6



Special provisions for certain groups of employees



1. for the social insurance of employees of diplomatic and konsulárních

embassies and other offices and authorities of one Contracting Party,

that have their headquarters in the second State, will apply the laws of

of the sending State, if they are nationals of the

State. The same is true for the insurance of persons employed workers

appointed by the authorities and bodies, if they are nationals of the sending

State.



2. for insurance



and the staff of public transport enterprises) land, air and river one

State who are sent to the temporary or permanent performance

employment to another State (on feeder routes, intermediate routes,

in the ports, on board vessels, airports, etc.),



(b)) employees, posted a different undertaking than that specified in (a)


and), which has its registered office in the territory of one State, temporary performance

employment in the territory of the other State, will apply the laws of the

State in which the management company has its registered office, that these employees

subject to personal matters (hereinafter referred to as "sending State").



3. in the cases referred to in this article shall be responsible for the implementation of the

insurance, including the provision of benefits, with the exception of the posting State authorities

provision of benefits in kind of sickness insurance of employees referred to

in paragraph 2 of this article, subject to the provisions of article 5, paragraph

3 of this agreement.



Article 7



Exclusion of mutual payments



Insurance carriers that provide benefits under this agreement, does not belong in

any refunding of the bearer of the insurance of the other State. The same is true in the

cases where any recipient of insurance shall provide according to your own

legislation advances on benefits.



Article 8



The implementing rules



1. In both States can be released to the implementation of the provisions of part II. This

Agreement, in particular on the calculation of pensions. Such rules will always be communicated to the

the competent central authorities of the other State.



2. the central authorities of both contracting parties without delay each other's

to disclose changes in their legislation in the field of social insurance.



III.



Social care



Article 9



Assistance to uninsured persons and care for them



1. Nationals of one State resident in the territory of the other State,

who do not have claims on its own insurance or as family members

the insured person's State of the place of stay shall provide the necessary assistance and care,

need it, and to the same extent and under the same conditions as to its

its own citizens.



2. the expenses incurred shall be granted compensation.



3. The provisions of paragraph 2 of this article are without prejudice to the possibility of requesting

compensation from the person that was of help or care provided, or from the

members of the family of such a person required to nourish.



4. care and assistance will be provided, if necessary, whether or not citizens

the other State who receive a pension.



5. the central authorities of the two contracting parties without delay each other's

to disclose changes in their legislation in the field of social care.



IV.



Common provisions



Article 10



Mutual legal assistance



1. holders of insurance, as well as offices and other authorities involved in the

implementation of the social policy in both countries provide each other's legal

assistance to the same extent as in the implementation of social policy in the

their own State. Holders of insurance one State are required to

provide insurance to holders of the second Member State the information about the

the circumstances relevant for the provision of benefits and are required to perform

the necessary measures in order to determine the circumstances.



2. Contact the holders of insurance as well as offices and other authorities of the two States in the

implementation of this agreement is happening directly.



Article 11



The use of the official speech of the second State



The application, administration and other appeals of citizens of one State in the

matters of social insurance and social welfare, which will be lodged with the

the holders of insurance as well as in offices and other authorities of the second Member State,

they will not be rejected just because they were drawn up in an official speech of the custom

State.



Article 12



Maintaining time limits in proceedings



The application, administration, and other remedies that must be made in

particular period, holders of insurance authorities or other authorities of one

the State shall be considered filed on time, if the replies were received within the prescribed time

insurance carriers, Office or any other authority of the other State. In these

cases must immediately send to the competent administration of the place.



Article 13



Representation of the State of the citizens of the other State



Konsulům each of the two contracting parties entitled to act personally or

the person you authorise access to others, on behalf of the citizens of his State in all

matters governed by this agreement and to represent the citizens of your State

before the holders of the insurance, the authorities and other authorities of the second Member State.



Article 14



The central authorities in charge of this agreement



1. this agreement will be carried out in both States the central authorities competent

According to national legislation. The central authorities will be in the

the permanent and direct contact and meetings will be conducted as necessary

their representatives to discuss the issues associated with

the implementation of the agreement and for the purpose of mutual exchange of experiences organisování

in the field of social policy.



2. both Contracting Parties shall immediately after the entry into force of this agreement, shall notify the

that the central authorities are responsible for the implementation of the agreement, and will be

shall immediately communicate any changes in that direction in the future

they occur.



Article 15



Cooperation with trade union organisations



The two parties will carry out the Agreement in close cooperation with trade

organisations.



Article 16



The supplementary agreement



If there are doubts in the implementation of this agreement as a result of

unforeseen circumstances or changes in legislation or if you

its application to different views on its interpretation, shall agree

the central competent authorities of both Contracting Parties about how to use

the provisions of this agreement.



In the.



Transitional and final provisions



Article 17



Retroactivity



1. In the provision of social insurance benefits under this agreement

the holder of the insurance shall take into account periods of insurance (employment), which were

obtained before the date of the beginning of its effectiveness both in single and in the second

State.



2. the provisions of this Agreement shall also apply to cases in which the right to benefit from

pension or accident insurance was formed before the beginning of its

efficiency.



Article 18



Final provisions



1. this agreement requires approval by the competent national

the laws of both Contracting Parties and shall enter into force by the exchange of notes on its

approval.



2. this agreement is concluded for a period of five years. Its validity shall be extended

every five years, if none of the two parties

notice of termination at least six months before the expiry date.



3. If the notice of termination of this agreement, will be assessed by the insurance holders

pensions that have granted under this agreement until the date of its

of validity, as well as continue to pensions granted according to their own

legislation. Claims that under the provisions of this agreement, have been

preserved Lord her testimony. The continuation of these claims after

termination of validity of this Agreement shall be governed by national law.



This agreement was drawn up in Prague on 11. September 1956 in two

copies, each in the Czech and German languages, both texts being

the same force.



On the evidence of the agent to determine have signed this agreement and

it your seals.



For the Government of the Czechoslovak Republic



Václav David v. r.



For the Government of the German Democratic Republic



Dr. Lothar Bolz v. r.



FINAL PROTOCOL



to the agreement between the Government of the Czechoslovak Republic and the Government of the German

Democratic Republic on cooperation in the field of social policy.



To the agreement between the Government of the Czechoslovak Republic and the Government of the German

Democratic Republic on cooperation in the field of social policy was

agreed this final Protocol:



(I).



To article 1, paragraphs 2 and 3:



Exchange of experience and mutual learning on the all-round social

policies will be carried out in particular:



and organisováním exchange of) books, magazines, and other publications

between the competent authorities, trade unions and other organisations of both States;



(b)) replacing legislation, statistical and other material;



(c)) on the development and results of the publications of the social policy of the other Contracting

the parties, through systematic publication of major legislative and administrative

measures in the specialised and daily press;



d) reciprocal visits of experts in the field of social policy (social

insurance, old people's homes and care institutions, rehabilitation

persons with altered working ability and others).



With respect to article 1, paragraph 4:



The Contracting Parties shall use the Exchange actions zotavné care to carry out continuous

convergence and strengthening of friendly relations of their peoples.



II.



With respect to article 2, paragraph 1:



Labour legislation shall mean: the provisions of the contract, the

working time and leave, on wages and salaries, on protection and security

work on the protection of minors, on the protection of mothers and children, on the status of women

at work and on the care of persons with altered working ability.



III.



With respect to articles 4 and 5:



About resettlement after the event about the return of authorized persons to another State as

If the authorized person moving to that State permanently

the consent of both parties. This applies mutatis mutandis to the cases

resettlement before the effective date of the agreement. In such cases, it shall be presumed that the

consent was given, unless the circumstances do not indicate the opposite.



IV.



On article 10, paragraph 1:



Registration and filing the documents required for the granting of pensions in accordance with

This agreement shall be submitted to the relevant holders on request

the insurance of the other State.



On article 10, paragraph 2:



Direct contact shall be made through central authorities after the case

the relevant regional authorities.



In the.



To article 17, paragraph 2:




Pensions will be paid on request. If the request is made prior to the

effect of the agreement, the start of payouts under the national

legislation. If the pension was granted and paid before

effect of the agreement carries appropriate insurance according to the agreement, it remains

in this measure. The provisions of article 7 of the agreement, according to which there is no

mutual payment of benefits, shall apply in these cases.



Vi.



Provisions of the agreement shall not apply to pense and donations from grace, for the Honorable pense

as well as for the provision of victims of war. The agreement also does not apply

for the provision of benefits in kind.



This final Protocol form an integral part of the agreement between the Government of the

The Czechoslovak Republic and the Government of the German Democratic Republic on

cooperation in the field of social policy.



Drawn up in Prague on 11. September 1956 in two copies, each in the language

Czech and German, both texts being equally authentic.



For the Government of the Czechoslovak Republic



Václav David v. r.



For the Government of the German Democratic Republic



Dr. Lothar Bolz v. r.



1) on page 19