S.L. 123.84 Art. 10Employment condition.

(1) Subject to the other provisions of this rule, the employment condition referred to in rule 3(1) shall be satisfied -

(a) in the case of an eligible owner which is not also the operator of the warehouse to which the approved project refers, if that warehouse is, during the project period or within three years from the termination thereof, operated by an eligible operator which also carries out an approved project, and that operator employs, during his project period, at least one additional employee;

(b) in the case of a qualifying company which is the operator of the warehouse to which the approved project refers, if, during the project period or within three years from the termination thereof, it employs at least one additional employee.

(2) Subject to sub-rule (3), an individual shall be deemed to be an additional employee if all the following conditions are met:

(a) he is employed under an indefinite contract or for a period of not less than three years;

(b) his duties are solely and directly related to warehousing operations;

(c) his employment represents a net increase in the number of full time employees of the employer;

(d) he was not, at any time during the period of two years prior to his employment with that employer, employed with a person related through direct or indirect ownership or shareholding with the employer;

(e) his employment is certified by the Corporation in accordance with rule 11 as an employment of an additional employee for the purpose of these rules.

(3) When an employee of an eligible operator who has been taken into account in calculating the tax credit due to that operator or to an eligible owner does not remain in the employment of that company, for any reason whatsoever, for a period of at least thirty-six months, and is not validly replaced as provided in sub-rule (4), he shall be deemed to have never been an additional employee and the provisions of rule 12 shall apply.

(4) An employee shall be deemed to have been validly replaced if:

(a) within three months from the date of the termination of his employment the employer employs another individual in his place; and

(b) the employment of the replacement employee satisfies the conditions of sub-rule (2), except that the fact that it is a replacement shall not, of itself, be deemed to be a breach of the condition of paragraph (d) thereof; and

(c) the aggregate of the periods of employment of the original employee and of his replacement or replacements is not less than thirty-six months.

(5) A replacement employee may be validly replaced in the same manner, and the period of his employment shall also be taken into account for the purpose of sub-rule (4)(c).

(6) In calculating the number of additional employees, an employee and his replacement or replacements shall count as one additional employee.