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Commission Delegated Regulation (EU) No 481/2014Show full title

Commission Delegated Regulation (EU) No 481/2014 of 4 March 2014 supplementing Regulation (EU) No 1299/2013 of the European Parliament and of the Council with regard to specific rules on eligibility of expenditure for cooperation programmes

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Article 3U.K.Staff costs

1.Expenditure on staff costs shall consist of gross employment costs of staff employed by the beneficiary in one of the following ways:

(a)full time;

(b)part-time with a fixed percentage of time worked per month;

(c)part-time with a flexible number of hours worked per month; or

(d)on an hourly basis.

2.Expenditure on staff costs shall be limited to the following:

(a)salary payments related to the activities which the entity would not carry out if the operation concerned was not undertaken, fixed in an employment/work contract, an appointment decision (both hereinafter referred to as ‘employment document’) or by law, relating to responsibilities specified in the job description of the staff member concerned;

(b)any other costs directly linked to salary payments incurred and paid by the employer, such as employment taxes and social security including pensions as covered by Regulation (EC) No 883/2004 of the European Parliament and of the Council(1) provided that they are:

(i)

fixed in an employment document or by law;

(ii)

in accordance with the legislation referred to in the employment document and with standard practices in the country and/or organisation where the individual staff member is actually working; and

(iii)

not recoverable by the employer.

With regard to point (a), payments to natural persons working for the beneficiary under a contract other than an employment/work contract may be assimilated to salary payments and such a contract considered as an employment document.

[F13. Staff costs may be reimbursed either:

(i)

in accordance with point (a) of Article 67(1) of Regulation (EU) No 1303/2013 (as proven by the employment document and payslips); or

(ii)

in the form of standard scales of unit costs in accordance with point (b) of Article 67(1), with paragraph (2), the first subparagraph of paragraph (3) and paragraph (4) of Article 68a of that Regulation; or

(iii)

in the form of lump sums in accordance with point (c) of Article 67(1); or

(iv)

in the form of flat-rate financing in accordance with point (d) of Article 67(1) and with Article 68a(1) of that Regulation.]

4.Staff costs related to individuals who work on part-time assignment on the operation, shall be calculated as either:

[F1(a) a fixed percentage of the gross employment costs in accordance with Article 68a(5) of Regulation (EU) No 1303/2013; or]

(b)a flexible share of the gross employment cost, in line with a number of hours varying from one month to the other worked on the operation, based on a time registration system covering 100 % of the working time of the employee.

F25.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16. For part-time assignments under point (b) of paragraph 4, the reimbursement of staff costs shall be calculated on a single hourly rate basis determined either by:

(i)

dividing the monthly gross employment cost by the average monthly working time expressed in hours taking into account the working time as fixed in the employment document as well as fixed by law or agreements between the social partners on the relevant level; or

(ii)

dividing the latest documented annual gross employment cost by 1 720 hours.

The hourly rate shall be multiplied by the number of hours actually worked on the operation.]

7.As regards staff costs related to individuals who, according to the employment document, work on an hourly basis, such costs shall be eligible applying the number of hours actually worked on the operation to the hourly rate agreed in the employment document based on a working time registration system.

(1)

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).

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