Key Benefits:
REGULATION OF THE MINISTER OF LABOUR AND SOCIAL POLICY 1)
of 30 March 2009
on the conditions and modalities for making refunds on the training of disabled workers
On the basis of art. 41 par. 5 of the Act of 27 August 1997. about professional and social rehabilitation and employment of people with disabilities (Dz. U. of 2008 No 14, pos. 92, of late. 1. 2) ) The following shall be managed:
§ 1. 1. The Regulation lays down detailed conditions and modus for the granting of assistance to employers, in the form of a refund of the costs of training for the disabled persons referred to in art. 41 of the Act of 27 August 1997. of professional and social rehabilitation and employment of disabled persons, hereinafter referred to as "the refund".
2. [ 1] The refund is granted in accordance with Chapter I, Section 8 of Chapter II and Chapter III of Commission Regulation (EC) No 800/2008 of 6 August 2008, recognising certain types of aid compatible with the common market in application of the Article 87 and 88 of the Treaty (General Block Exemption Regulation) (Dz. Urz. EC L 214 of 09.08.2008, p. 3, from late. zm.), hereinafter referred to as the "Commission Regulation".
3. The refund granted to entrepreneurs is intended for training:
1) specialist, through which the training referred to in art is understood. 38 (1) of the Commission Regulation;
2. general, through which the training referred to in Article shall be understood. Point 2 of the Commission Regulation.
4. Whenever there is a regulation in the regulation:
1) a small and medium-sized entrepreneur-this must be understood by a small and medium-sized enterprise within the meaning of art. 2 point 7 of the Commission Regulation;
2) a large entrepreneur-this should be understood by a large enterprise within the meaning of art. 2 point 8 of the Commission Regulation.
§ 2. The provisions of the Regulation shall not apply to State aid:
1) granted in the coal sector;
2. to be granted for export-related activities, where the aid is directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current expenditure linked to the export activity;
(3) contingent upon the priority of the use of domestic production.
§ 3. 1. The refund shall include the following training costs:
1) the remuneration of the persons conducting the training;
2) the salary of a sign language interpreter or a lector for the blind or the guardian of the employed person with a disability, who is a person who is a person who is physically disabled;
3) travel expenses of trainers and trainees;
4) the travel expenses of a guide or guardian of the employed person with a disability, which is included in a significant degree of disability;
5) the cost of accommodation and meals of trainers and participants of training and interpreter of sign language or reading for the blind;
6) the costs of consultancy services related to the given training;
7) costs of administrative and office services constituting current expenditure related to the implementation of training;
8) the costs of renting of premises connected directly with the implementation of training;
(9) the depreciation costs of tools and equipment, to the extent that they are used for training purposes, with the exception of the tools and equipment purchased under public support during the seven years prior to the implementation of the training;
10) costs of training materials.
2. The refund is also intended to cover expenses covering the cost of employment of the employee who is to be borne by the employer during the period during which the employee participates in training.
3. The costs referred to in paragraph. 2, they concern only the time actually spent on participation in the training, after deducting effective working times.
4. The total amount of the costs referred to in paragraph 4. 1 points 7 and 8 and paragraph 8 2, may not exceed the total amount of the costs referred to in paragraph 2. 1 points 1 to 6, 9 and 10.
§ 4. 1. The refund must not exceed:
1) 55% of the costs of training eligible for assistance in the case of specialist training and 80% of the costs of training eligible for general training, for small entrepreneurs;
2) 45% of the costs of training eligible for the assistance in the case of specialist training and 80% of the training costs eligible for the provision of assistance in the case of general training, for medium-sized enterprises;
3) 35% of the costs of the training eligible for the assistance in the case of specialised training and 70 % the costs of training eligible for general training, in relation to large enterprises.
2. If the training includes both specific training and general training elements, which cannot be extracted for the purpose of determining the size of the training aid, or when it is not possible to determine whether the training is of a general nature or specialist, the maximum amount of aid specified for specific training shall be taken.
§ 5. 1. The application for a refund, hereinafter referred to as the "application", shall be made up of the old age competent for the place of the employer's place of establishment.
2. The application shall contain:
1) the name and address of the employer's seat;
2) the legal status and basis of the employer's action;
3) the numbers of the NIP and the REGON employer;
4) the employer's bank account number;
5. the amount of refund applied for;
6. information on the costs of the training referred to in § 3 (1) shall be reported. 1 and 2;
7) information on the training together with the justification for its selection;
8) information on the number of persons with disabilities who will take part in the training;
9) information on the state of employment in general, including persons with disabilities;
10) a statement of arrears or non-arrears with the required obligations to the State Fund for Rehabilitation of Persons with Disabilities.
3. A large entrepreneur of the application shall attach a description of the training project, containing information about the purpose of the project and the expected effects of its implementation.
4. The application shall be accompanied by an indication of the amount of the public aid received and of the aid. de minimis either the information on the non-receipt of the aid, as far as the reference is made. 37 par. 5 of the Act of 30 April 2004. of proceedings in matters relating to public aid (Dz. U. 2007 Nr 59, pos. 404 and 2008 Nr 93, pos. 585)-in relation to the same costs eligible for the refund.
§ 6. 1. The Starosta checks the application in terms of accounting and formal.
2. In the case of finding irregularities in the application of the starosta:
1) inform the employer of the irregularities within 14 days from the date of receipt of the application and
2) calls for their removal within 14 days from the date of service of the call.
3. The term referred to in paragraph Article 2 (2) shall be extended at the request of the employer if the removal of the irregularity cannot be effected by reason of the reasons for which the employer is not in the service of the employer.
4. In the event of failure to comply with the time limit referred to in paragraph. 2 point 2, or the time limit specified in accordance with paragraph 2. 3 starosta informs the employer about leaving the application without consideration.
5. The Starosta, considering the application, shall take into account in particular:
1) the amount of funds held by the State Fund for the Rehabilitation of the Disabled, earmarked for this purpose in a given year;
2) the period of business activity and the employer's experience in the employment of disabled persons;
3) the amount of the expected costs referred to in § 3 (3). 1.
§ 7. 1. The Starosta shall in writing inform the employer about the method of consideration of the application within 30 days from the date of receipt of the complete application.
2. In the event of a negative consideration of the application, the starosta shall state
3. In the case of a positive consideration of the application, the starosta shall inform the employer of the consideration of the application, calling on him to negotiate the terms of the contract. The negotiations should be concluded within 14 days from the date of service of the call.
§ 8. 1. Within 14 days from the date of conclusion of the negotiations, the starosta shall conclude an agreement with the employer.
2. The Agreement shall include in particular:
1. the date of transmission and the amount of the refund as established by the negotiations;
2) the number of persons with disabilities who have been directed to the training;
3) the possibility of verifying by the starostess the correctness of the execution of the terms of the contract by the applicant
4) the obligation of the applicant to enable the exercise of the activities referred to in point 3 to be carried out by the appendix.
3. The Agreement shall be made in writing. The amendment of the contract requires written form.
4. Paragraph 6 (1) (a) 3 concerning the extension of the time limit shall apply accordingly.
§ 9. 1. The Starosta transfers the amount of the refund to the bank account indicated in the application within 14 days from the date of presentation by the employer of the documents confirming the payment of the costs referred to in § 3 par. 1 and 2.
2. The Starosta shall inform the reference number of the aid scheme on the basis of which the refund is granted.
§ 10. The employer shall use, in particular, the data contained in the application and the contract referred to in paragraph 8 when the refund is cleared.
§ 11. The trader may obtain the refund referred to in paragraph 1 of the paragraph. 2 if the value of this gross refund per training project does not exceed an amount equivalent to 2 million euro.
§ 12. The refund referred to in § 1 (1) 2, may be granted, together with other aid or support from the European Community, in respect of the costs eligible for this refund, if the total amount of the refund and the support granted in respect of the costs of the project the training from other sources and in other forms shall not exceed the limit laid down in paragraph 4 (4). 1.
§ 13. The operator of the refund shall keep records permitting verification of the conformity of the aid granted with the provisions of the Regulation for a period of 10 years from the date of granting of the aid.
§ 14. [ 2] It shall apply until 31 December 2014.
§ 15. The Regulation shall enter into force on the day of the announcement 3)
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1) The Minister of Labour and Social Policy directs the government administration-social security, pursuant to § 1 paragraph. 2 point 2 of the Regulation of the Prime Minister of 16 November 2007. on the detailed scope of the action of the Minister of Labour and Social Policy (Dz. U. No 216, item. 1598).
2) Amendments to the text of the single law have been announced in the Dz. U. of 2008 No. 223, item. 1463, Nr 227, pos. 1505 and No. 237, pos. 1652 and 2009 Nr 6, pos. 33.
3) This Regulation was preceded by the Regulation of the Minister of Labour and Social Policy of 22 January 2008. on the conditions and modalities for making reimbursement of the costs of training for disabled workers (Dz. U. Nr 18, pos. (116), which expired on 31 December 2008.
[ 1] § 1 (1) 2 in the wording set by § 1 item 1 of the Regulation of the Minister of Labour and Social Policy of 18 April 2014. amending the Regulation on the conditions and modalities of making refunds on the costs of training of disabled workers (Journal of Laws pos. 577). The amendment came into force on 30 June 2014.
[ 2] § 14 in the wording established by § 1 item 2 of the Regulation of the Minister of Labour and Social Policy of 18 April 2014 amending the Regulation on the conditions and modalities of making refunds on the costs of training of disabled workers (Journal of Laws pos. 577). The amendment came into force on 30 June 2014.
