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
