Particular cases Clause Samples
Particular cases. Teleworking": may be accepted provided teleworking is a usual practice of the beneficiary (such an opportunity should be offered to the personnel of the organisation as a whole regardless the employment status -employees and in-house consultants- and clear rules should be available for the purpose of an audit). Further, there must be a system that allows both to identify and to record the productive hours worked for the project.
Particular cases. There will be cases where it would be prudent to give permission for a shorter period than 12 months but these would normally be regarded as special cases.
Particular cases. The following situations are of practical relevance in contractual relationships between a principal and its distributors (intermediaries) and are therefore dis- cussed briefly. Commercial agency agreements: In general, commercial agents do not fall un- der the restraints of Article 101 AEUV. They are considered to be the extended arm of the principal and are therefore not acting at a different level of the production or distribution chain. However, this is only true for sales intermediaries actually acting as commercial agents. Where the parties conclude a commercial agency agreement but in fact exercise their contractual relationship as a distributor re- lationship, this contractual relationship is governed by antitrust law.378 Whether an intermediary is actually a commercial agent must be determined according to the types of financial and commercial risks that are material to the definition of an agency agreement.379 With regard to the three criteria described below, the commercial agent must not bear any – or may only bear insignificant – risks in relation to the agreement concluded. Otherwise, Article 101 AEUV applies to the contractual relationship (with regard to restraints, possible exemptions and all legal consequences).380 • Firstly, there are contract-specific risks which are directly related to the con- tracts concluded and/or negotiated by the commercial agent on behalf of the principal, such as financing of stocks, payment risks and risk of loss when transporting or storing the goods. • Secondly, there are risks related to market-specific investments. These are investments specifically required for the type of activity for which the com- mercial agent has been appointed by the principal, that is, which are required to enable the agent to conclude and/or negotiate this type of contract. An ex- ample of such investments is the purchase of specific repair tools or clothing with logos.381 • Thirdly, there are risks related to other activities undertaken on the same product market, to the extent that the principal requires the commercial agent to undertake such activities at his own risk – and not as an agent on behalf of the principal. This criterion might be of relevance where the commercial agent also acts as a distributor for certain types of products in the same market (e.g. fashion, gas, automotive).
Particular cases. "Teleworking": may be accepted if there is a system that allows the identification of the productive hours worked for the project. 1 Time spent on general training activities and/or general internal meetings can be deducted to arrive at the number of productive hours. Specific training activities and internal meetings which can be directly allocated to the project are part of the productive hours. Overtime: may be accepted provided that: - the overtime is actually paid, - the overtime is necessary to the project and in conformity with the participant's national legislation, - it is the policy of the participant to pay overtime. Only the hours worked on the project can be charged. The hourly rate applicable to these "overtime" hours has to be taken into account separately from the standard working hours and there must be a system that allows the identification of the productive hours worked for the project. Sick leave: cannot be included in the working time. Parental leave of personnel assigned to the action: the amount of this allowance may be an eligible cost, in proportion to the time dedicated to the project, provided that parental leave is mandatory under national law (e.g. statutory maternity pay). Costs for the advertising to recruit a new person are not eligible but, if it is necessary for the project to replace the person, the costs of the new person will be eligible under the normal requirements.
Particular cases. The modalities of implementation will be stated explicitly for each particular double degree student. This statement encompasses both the administrative organization and the study programme planned for each student.