Advanced Search

Regulation Of The Minister Of Labour And Social Policy Of 3 December 2009 On The Refund From The Fund Job Training Costs And Salaries And Social Security Contributions From Salaries Of The Insured Person

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 3 grudnia 2009 r. w sprawie refundacji ze środków Funduszu Pracy kosztów szkoleń oraz wynagrodzeń i składek na ubezpieczenia społeczne od refundowanych wynagrodzeń

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

REGULATION OF THE MINISTER OF LABOUR AND SOCIAL POLICY 1)

of 3 December 2009

on refunds from the Labour Fund for trainings and salaries and social security contributions from reimbursable salaries

On the basis of art. 69 par. 4 of the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2008 Nr 69, pos. 415, of late. 1. 2) ) The following shall be managed:

§ 1. The Regulation lays down the detailed conditions for reimbursement of the costs of training and of the salaries and social security contributions referred to in Article 4. 69 par. 1 and 2 of the Act of 20 April 2004. on the promotion of employment and labour market institutions, hereinafter referred to as 'the Law'.

§ 2. This Regulation shall not apply to aid:

1) granted for export-related activities, i.e. aid 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;

(2) contingent upon the priority to be used for the use of domestic production in relation to goods brought from abroad.

§ 3. The aid referred to in Article 69 par. 1 and paragraph Article 2 (1) of the Law shall be granted under the conditions laid down in this Regulation and 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. EU L 214 of 09.08.2008, str. 3), hereinafter referred to as the "Block Exemption Regulation".

§ 4. Eligible costs include the following:

1) the salaries and compulsory social contributions of the persons conducting the training;

2) travel expenses of persons conducting training and participants of the training, including accommodation costs;

(3) other current expenditure, including, in particular, expenditure on materials directly linked to training;

4) depreciation of tools and equipment to the extent that they are used exclusively for training purposes;

5) the costs of consultancy and advisory services related to training;

(6) the cost of salaries of participants in training and compulsory social security contributions from paid salaries and indirect costs (administrative costs, rental costs, overheads) up to the total amount of eligible costs For the assistance referred to in points 1 to 5 above, with regard to the personnel costs of the participants in the training, only the time actually spent on participation in the training shall be taken into account, after deduction of the working time during which the participant performed tasks that are not part of the training.

§ 5. If the amount of aid granted to the same employer, in respect of the same training, exceeds the amount equivalent to EUR 2 million, the aid shall be notified to the European Commission in an individual notification.

§ 6. 1. The amount of the aid may not exceed 25% of the eligible costs in the case of specialist training, within the meaning of the Article. 38 of the block exemption regulation and 60% of eligible costs for general training, within the meaning of Article 4 (1) of Regulation (EC) No 1960/EC. 38 Block Exemption Regulation.

(2) The intensity of the aid may, however, be increased to a maximum of 55% of the eligible costs in the case of specialist training, within the meaning of the Article. 38 block exemption regulations and up to 80% in the case of general training, within the meaning of Article 38 of the Block Exemption Regulation, as appropriate:

1. by 10 percentage points in the case of trainings for disadvantaged or disabled workers within the meaning of the block exemption Regulation;

(2) by 10 percentage points in the case of aid to an employer holding a medium-sized enterprise, within the meaning of the block exemption regulation, and by 20 percentage points in the case of aid for the benefit of the employer, a small enterprise, within the meaning of the block exemption regulation.

(3) In the case of aid granted in the maritime transport sector, the aid intensity may reach 100% of the costs eligible for aid if:

1) the training participant is not an active member of the crew and is on board a non-part-time employee, within the meaning of the provisions of the Block Exemption Regulation;

2. the training shall be carried out on board ships registered in European Community registers.

§ 7. Aid for training cannot be granted or paid to an employer who is under an obligation to repay the aid resulting from an earlier decision of the Commission declaring the aid illegal and incompatible with the common market and the employer of the operator an undertaking which is a firm in difficulty within the meaning of Article 1 (1) 7 of the Block Exemption Regulation, in the case of micro, small and medium-sized enterprises or a firm in difficulty within the meaning of points 9 to 11 of the Commission Communication, of the Community guidelines on State aid for rescuing and Restructuring of firms in difficulty (Dz. Urz. EU C 244 of 01.10.2004, p. 2), in the case of large enterprises.

§ 8. The aid referred to in Article 69 par. 2 item 2 of the Act, constitutes aid de minimis within the meaning of Article 2 of Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Article 87 and 88 EC Treaty to aid de minimis (Dz. Urz. EU L 379, 28.12.2006, p. (5) and shall be granted in accordance with the provisions of that Regulation.

§ 9. The aid referred to in this Regulation cannot be cumulated with State aid in respect of the same eligible costs if such cumulation would result in an aid intensity higher than that fixed. This Regulation.

§ 10. 1. The employer arranging the training shall submit to the district office of employment competent for the employer's seat or the place of business of the application for the conclusion of an agreement for the reimbursement of the costs of training or remuneration with the components social security, hereinafter referred to as the "refund agreement".

(2) The application for a refund agreement shall contain:

1) the name of the employer;

2) the nature and characteristics of the intended training, including subject matter, form, place and term;

3) the number of persons participating in the training;

4) the calculation of the planned costs of training and the source of financing;

5. the amount of the work of the Work Fund for the refund applied for;

6) justification of the advisability of training;

7) a declaration of compliance with the conditions referred to in the Regulation, relating to the admissibility of the provision of public aid;

(8) a list of the eligible costs for training aid.

3. The application for the conclusion of the contract for refund of the employer shall be accompanied by:

1) information on previously obtained training aid covered by the application, containing in particular data on the date of its award, legal basis, form and purpose;

2) information on assistance de minimis received within the last 3 calendar years preceding the day of the request for assistance referred to in paragraph 8;

3) information on the aid de minimis received during the last 3 calendar years preceding the day of the request for assistance, which has been granted in respect of the same costs of training aid.

(4) A request for a refund agreement to be concluded by an employer leading a large undertaking, within the meaning of the block exemption regulation, shall include an analysis of the feasibility of the planned training with and without the assistance requested. participate. In the analysis, it should be pointed out that, through the aid obtained, at least one of the following criteria is met:

1) the size of the training will be significantly increased;

2) the training coverage will be significantly increased;

3) will significantly increase the total amount that the employer plans to spend on training;

4) the end of the training will be considerably accelerated.

5. When considering the application for a refund agreement, the district labour office shall be obliged to verify that the analysis referred to in paragraph 1 (1) of the basic Regulation has been applied for the purpose of the application of the refund. 4, confirms the fulfilment of at least one of the criteria mentioned in this paragraph.

§ 11. The starosta shall, within 30 days of the application for the conclusion of the contract, inform the employer of the manner in which it is considered. In the event of a negative examination of the application, the starosta shall justify the refusal of a refund agreement.

§ 12. In the case of a positive examination of the application for the conclusion of a refund agreement, the starost shall conclude an agreement with the employer and inform him in writing of the reference number of the aid scheme issued by the European Commission.

§ 13. The agreement on refund shall specify in particular:

1) the designation of the parties to the

2) the amount of the Labour Fund resources for the reimbursement of training costs

3) the conditions of termination of the contract and the return of the funds collected above the permissible limits or used misuse;

4) how to control the performance of the contract;

(5) the procedure for dealing with irregularities in the performance of the contract;

6. the method of settlement and the documents proving the expenditure of the appropriations;

7) provisions concerning the conduct of the written form, in the case of change or termination of the contract.

§ 14. The old age is headed by an unemployed person, who is qualified by the employer, for a replacement during the employee's training period.

§ 15. The old age shall refund the costs of the training of workers on paid training leave and the salaries of the unemployed for the replacement and social security contributions from those salaries, after the submission of the the employer of the documents referred to in paragraph 13 (6) and the detailed documentation of the costs eligible for assistance.

§ 16. 1. The applications for the conclusion of an agreement for the refund of costs of training and remuneration together with social security contributions submitted from 1 February 2009 the provisions of this Regulation shall apply.

2. The current provisions shall apply to contracts for the reimbursement of training costs and salaries with social security contributions concluded before the date of entry into force of this Regulation.

§ 17. The Regulation shall apply until 30 June 2014.

§ 18. The Regulation shall enter into force after 14 days from the date of the announcement. 3)

Minister of Labour and Social Policy: J. Fedak

1) The Minister of Labour and Social Policy heads the government administration-work, pursuant to § 1 paragraph. 2 point 1 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 Nr 70, poz. 416, Nr 134, pos. 850, Nr 171, pos. 1056, Nr 216, pos. 1367 and No. 237, pos. 1654 and 2009 Nr 6, pos. 33, Nr 69, poz. 595, Nr 91, poz. 742, Nr 97, poz. 800, Nr 115, poz. 964, No 125, pos. 1035, Nr 127, pos. 1052 and No. 161, pos. 1278.

3) This Regulation was preceded by the Regulation of the Minister of Labour and Social Policy of 14 May 2007. on refunds from the Labour Fund for trainings and salaries and social security contributions from reimbursable salaries (Dz. U. Nr 93, pos. 625), which expired on 1 February 2009. in connection with the entry into force of the Act of 19 December 2008. to amend the Act on the promotion of employment and labour market institutions and to amend some other laws (Dz. U. 2009 r. Nr 6, pos. 33).