Tuesday 15 October 2013

Case n. 2 – 1 (Unemployment benefits)




A mother of a minor child came to the Municipal Authority of Jihlava, the Department of Social Affairs, the Department of Social and Legal Protection of Children to ask for help in solving the situation in which she got.
According to her information, she is married. One minor child was born from the marriage – a son, who was consigned to her care.
A minor child, who is 2, 5 a year old, was born from the second marriage. The mother is taking the parental leave at the moment.  Her husband is 42 years old and was dismissed from his job on 31st July 2012 (His last employment lasted for 7 years). In the last half-year, his average salary was 16873 CZK. The family has a permanent residence in Luka nad Jihlavou, Nová 83.
Task:
Focus on the situation of material resources of the family (in accordance with the particular pillars of the social welfare of the Czech Republic) – first focus on the situation of the dismissed husband.

Key words and phrases for solutions:
-          The Municipal Authority of Jihlava (preferably local authority)
-          The Department of Social and Legal Protection of Children
-          Married for the second time
-          One minor son was born from the first marriage
-          One 2,5 a years old child was born from the second marriage
-          The mother is taking the parental leave at the moment
-          The husband is 42 years old
-          The husband was dismissed on 31st July2012
-          His last employment lasted for 7 years
-          The husband’s salary was 16873 CZK
-          The family has a permanent residence in Luka nad Jihlavou, Nová 83

Solution:
Unemployment benefit
First, it is essential to verify, whether the woman’s husband entered the register of job seekers at the Employment Office in Jihlava. If he has not yet, he should be given basic counselling. A written request should be substantiated by the confirmation of employment and the educational attainment. He might be entitled to unemployment benefits due to the fact that he had been employed for the last 7 years. He should receive the benefits for 5 months. (unemployment benefits for the unemployed husband).
After the burden of proofs proceeds, the court gives judgment. If the husband were entitled to unemployment benefits, the amount of acknowledged unemployment benefits, their effectiveness (i.e. since when) and the time period would be stated in the operative part of the judgement. If the claim does not arise, the proposal shall be rejected. The decision must be given to the applicant's own hands and might be appealed to within 15 days. The appeal will be decided by the Ministry of Labour and Social Affairs.
Key words and phrases for solutions:
-          The husband has entered the register of job seekers
-          The Employment Office in Jihlava
-          A written request
-          Confirmation of employment and educational attainment
-          Entitled to unemployment benefits
-          Employed for the last 7 years
-          He should receive the unemployment benefits for 5 months
-          The Employment Office shall give judgement
-          Entitlement to unemployment benefits arises
-          In the judgement, the amount of benefits, since when and for how long they are acknowledged, will be indicated
-          If the entitlement to unemployment benefits does not arise, the Employment Office shall reject the request
-          The decision may be appealed to within 15 days
-          The appeal will be decided by the Ministry of Labour and Social Affairs

The case is based on the following legislation:
Material:
The Employment Act (435/2001 Coll., As amended)
Process:
The Law on Administrative Proceedings - Administrative Regulations (500/2004 C

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