Policy: Legal-financial aspects of work contracts: Difference between revisions

← Older edit

Policy: Legal-financial aspects of work contracts (view source)

Revision as of 23:55, 17 June 2021

5,842 bytes added , 17 June 2021

no edit summary

Laouris

Administrators

5,715

edits

@@ Line 1: / Line 1: @@
 ==Legal aspects==
-<P Align="justify">Practically every individual associated with [[Future Worlds Center]] has to comply with the organization's principle of independence. The organization considers its [[Associate|associates]] as committing their full time and effort to their projects; however, from the legal point of view, they are independent contractees.</p>
+<P Align="justify">Every individual associated with [[Future Worlds Center]] has to comply with the organization's principle of full commitment and devotion. The organization considers its [[Associate|associates]] as committing their full time and effort to their projects even when their respective paid number of hours per month are less than those expected for a full time contract.</p>
-<P Align="justify">Since our associates considered as contractees and '''not''' employees, they are responsible for their benefits. They are encouraged to register as self-employed and arrange to pay their own personal social insurance and other related taxes, as the organization is not obliged to cover those costs for associates (who are not employees).</p>
+<P Align="justify">Individuals directly hired by the organization are considered and treated as full-time employees of [[Future Worlds Center]] and are referred to as [[Associate|Associates]]. However [[Associate|associates]] are responsible for paying their own social insurance and other related taxes required by Cyprus law since these amounts are included in their income provided by the organization. This principle is implemented in order to comply and maintain the social entrepreneurial character of the organization, i.e., encouraging [[Associate|associates]] to feel and behave responsibly for their projects and own benefits.</p>
 <P Align="justify">Each individual receiving income from the organization should sign and possess copy of the following work related documents:</p>
@@ Line 8: / Line 8: @@
 * [[Policy: Signing an Honour Declaration|Honour Declaration]]
 * [[Policy: Signing a Confidentiality Agreement|Confidentiality Agreement]]
-* [[Gentlemen's' Agreement]]: considered as a welcoming letter referring to a [[Minimum Monthly Payment|minimum monthly payment]] without contractual bond
+* [[Gentlemen's' Agreement]]: considered as a welcoming letter referring to a minimum monthly payment without contractual bond
-* [[Policy: Signing a Contract with Future Worlds Center|Employee/Service Agreement]]: specific project-task related contract
+* [[Policy: Signing a Contract with Future Worlds Center|Working Contract]]: specific project-task related contract
+<P Align="justify">All individuals have option and responsibility to inform themselves about work related right:</p>
+====Contact Person====
+The contact person for work related rights and responsibilities within the organization is the Financial Director
+====Links to national regulations====
+* http://www.mlsi.gov.cy/mlsi/dl/dl.nsf/All/81BA62406AB06618C22580A50026B974/$file/Employment%20Guide.pdf
+* https://www.eurofound.europa.eu/publications/report/2009/working-time-in-the-european-union-cyprus
+* https://www.mondaq.com/cyprus/employment-and-hr/828546/labour-and-employment-comparative-guide
 ==Financial Aspects==
 ===Productive Hours===
-The definition of productive hours (time) of an [[Associate|associates]] may vary from contract to contract due to the different personnel cost approaches applied by funding organizations such as in European Commission programs.
+<P Align="justify">Due to the fact that every [[Associate|associate]] is directly hired to fulfil certain project activities, every hour reported by the [[Associate|associate]] and therefore paid out is considered productive. Nevertheless, there is an acceptable maximum number of hours in a year that can be charged to the organization, unless the Board decides due to specific circumstances otherwise. The maximum annual productive hours of [[Associate|associates]] are calculated as follows:</p>
+. Calendar days per year minus weekends: 260 (52 weeks * 5 days per week)
+. Allowed Annual holidays (in n° of days): 5
+. Recognized Statutory holidays (in nº of days): 15
+. Others (i.e. illness etc.) (in n° of days): 0
+. Productive days per year (1.-2.-3.-4.): 240
+. Working hours per day: 7
+. Annual working hours (1.* 6.): 1,820
+'''8. Productive hours per year (5.* 6.): 1,680'''
+'''9. Productive hours per month: 140'''
+The organization recognizes the fact that there are periods and circumstances in the implementation of projects, which require one to work more than the usual average. The organization does not pay a different rate for extra hours, but accepts a maximum effort of 11 hours per day (i.e., approximately 220 hours per month) as actual working hours, which will be charged with the same rate as agreed in the respective contracts. This arrangement is acceptable only in extraordinary circumstances approved by the Executive Director.
+<P Align="justify">Although the productive hours calculation is unified for the whole organization, the calculation of the personnel cost can be vary from project to project due to the different definitions of ''time commitment'' applied by funding organizations (such as in European Commission programs).</p>
 ====Personnel cost based on Man-month====
-In case of projects defining staff involvement as certain man-month, every hour reported by the [[Policy: Signing a Contract with Future Worlds Center|Employee/Service Agreement]] (self-employed individual) is considered as ''productive hours'', therefore is subject to payment in compliance with the [[Employee/Service Agreement]].
+<P Align="justify">In case of projects that define staff involvement as a certain man-month (or man-days), '''every hour''' reported by the [[Associate|associate]] is subject to payment in compliance with the  [[Policy: Signing a Contract with Future Worlds Center|Working Contract]], no fluctuation in hours or any difference between hours reported and hours paid is allowed unless the [[Policy: Signing a Contract with Future Worlds Center|Working Contract]] says otherwise.</p>
 ====Personnel cost based on % of time====
-In case of projects that define staff involvement as a certain percentage (%) of a full time assignment (e.g., projects funded by the Europeaid Program), [[Future Worlds Center]] considers an [[Associate|associate]] as full time, if the following criteria are met:
+<P Align="justify">In case of projects that define staff involvement as a certain percentage (%) of a full time assignment (e.g., projects funded by the [[EuropeAid|Europeaid Program]]), [[Future Worlds Center]] considers an [[Associate|associate]] as full time, if the following criteria are met:</p>
-* The associate devotes a minimum of 1,680 hours per annum to his/her task, i.e., average 140 hours per month '''and'''
+* The [[Associate|associate]] devotes a minimum of 1,680 hours per annum to his/her task, i.e., average 140 hours per month and
 * The fluctuation of the monthly productive hours during a calendar year does not exceed the 30% of the average monthly hours stated above.
-In extraordinary situations in which an [[Associate|associate]] is constrained in delivering his/her tasks due to unexpected obstacles, and  the monthly productive hours fall below the 30% of the expected average for more than 3 consecutive months, [[Future Worlds Center]] has the right to terminate the contract.
+<P Align="justify">In extraordinary situations in which an associate is constrained in delivering his/her tasks due to unexpected obstacles, and the monthly productive hours fall below the 30% of the expected average for more than 3 consecutive months, [[Future Worlds Center]] has the right to terminate the contract.</p>
+The above principles must be implemented in case of pro-rata calculation as well.
-The above principles must be implemented in case of pro-rata calculation.
+===Rates===
+<P Align="justify">Due to the fact that [[Future Worlds Center]] [[Associate|associates]] are directly hired to implement specific project tasks and no [[Associate|associate]] shall be funded by the organization's own resources without external co-funding (i.e., [[Associate|associates]] are hired only for the duration of projects), general, administration or other organizational activities shall be executed during volunteered hours unless specifically approved by the Board), the rates budgeted in the corresponding Grant Agreement with the funding organization for which they are hired are used for calculation of their remuneration.</p>
+<P Align="justify">Nevertheless, a maximum hourly rate per position is defined and approved by the [[Members of the Board|Board]] which cannot be exceeded in any circumstance and subject of annual revision.</p>
-===Rates===
-Due to the fact that [[Future Worlds Center]] [[Associate|associates]] are self-employed and directly hired to implement specific project tasks, the rates budgeted in the corresponding Grant Agreement with the funding organization for which they are hired is used for calculation of their remuneration.
+'''Valid maximum hourly rates as of 1st January 2013:'''
+{| border="0" cellpadding="2"
+|-
+! scope="col" width="350" style="background:#efefef;" align="center" valign="center"| Position
+! scope="col" width="150" style="background:#efefef;" align="center" valign="center"| Maximum rate - EU€
+|-
+|Overall Project Manager
+|<P Align="center">46.00</p>
+|-
+|Project Coordinator-New Media Lab Unit
+|<P Align="center">36.00</p>
+|-
+|Project Coordinator-Global Education Unit
+|<P Align="center">36.00</p>
+|-
+|Project Coordinator-Humanitarian Affairs Unit
+|<P Align="center">24.00</p>
+|-
+|Project Coordinator-New Media Lab Unit-no experience
+|<P Align="center">28.00</p>
+|-
+|Project Coordinator-Global Education Unit-no experience
+|<P Align="center">28.00</p>
+|-
+|Project Coordinator-Humanitarian Affairs Unit-no experience
+|<P Align="center">28.00</p>
+|-
+|Research Scientist-New Media Lab Unit
+|<P Align="center">31.00</p>
+|-
+|Research Assistant-New Media Lab Unit
+|<P Align="center">28.00</p>
+|-
+|Project Assistant/Administrator-New Media Lab Unit
+|<P Align="center">26.00</p>
+|-
+|Project Assistant/Administrator-Global Education Unit
+|<P Align="center">26.00</p>
+|-
+|Project Assistant/Administrator-Humanitarian Affairs Unit
+|<P Align="center">26.00</p>
+|-
+|Head of the Financial Unit
+|<P Align="center">31.00</p>
+|-
+|Financial Officer/Director-Financial Unit
+|<P Align="center">28.00</p>
+|-
+|Developer/Technician-New Media Lab Unit
+|<P Align="center">28.00</p>
+|-
+|Developer/Technician-New Media Lab Unit-no experience
+|<P Align="center">25.00</p>
+|-
+|Senior Legal Advisor-Humanitarian Affairs Unit
+|<P Align="center">18.00</p>
+|-
+|Legal Advisor-Humanitarian Affairs Unit
+|<P Align="center">16.00</p>
+|-
+|Social Advisor-Humanitarian Affairs Unit
+|<P Align="center">16.00</p>
+|-
+|Public Information Officer-Humanitarian Affairs Unit
+|<P Align="center">16.00</p>
+|-
+|}
+===Monthly Payments===
+<P Align="justify">In order to release project payments, every [[Associate|associate]] has to submit timesheet showing the actual hours worked on each and every project (or project task) in which s/he is involved. The payment is calculated based on the information of the the submitted timesheet taken into account the rate and the definition of the personnel cost calculation set in the [[Policy: Signing a Contract with Future Worlds Center|Working Contract]]. Release of project payments on account can take place upon the request of the [[Associate|associate]] or as agreed in the [[Gentlemen's' Agreement]], but the circumstances must be recorded on the Contract Amendment.</p>
+===Internal Calculation of Indirect Expenses===
+The total of indirect costs for the operation of the organization is distributed across all running projects equally, unless there is a Board Decision to act in a different way. Exceptions or reductions in contributing towards indirect costs are possible for small projects and for projects which are of high importance and priority for the overall vision and aims of the organization. In those cases where a project allows what is usually considered an ''indirect cost'' to be charged as ''direct cost'' (communications/ phone/ internet/ stationery etc), then this part is calculated as a percentage of the time allocation of individuals working in the particular project divided by the total hours of that project.
-===Monthly payment===
-<P Align="justify">In order to release project payments (typically on a monthly basis), every [[Associate|associate]] has to submit timesheet showing the actual hours spent on each and every project (or project task) in which s/he is involved. The payment is calculated based on the information of the the submitted timesheet taken into account the rate and the definition of the productive hours set in the [[Policy: Signing a Contract with Future Worlds Center|Employee/Service Agreement]]. Release of project payments on account can take place upon the request of the  [[Associate|associate]], but the circumstances must be recorded on the [[Contract Amendment]].</p>
 [[Category:Policies]]