COLLABORATION CONTRACT
BETWEEN
(name of structure/department/campus or Centre) of the Politecnico di Milano located in ______VAT No./tax code ______, represented in this deed by Mr./Dr. ______
AND
Mr./Dr. born in on , resident in
St. ______, Tax Code ______(hereinafter Collaborator).
WHEREAS
· ______of this University intends to enter into a ______contract within the scope of the project "______", as defined and described in the corresponding comparative assessment call no. ______of______;
· art. 7, paragraph six, of Legislative Decree No. 165 of 2001, provides that public administrations, for requirements that cannot be met with their own personnel, may confer individual assignments on experts with particular and proven university or other specialisation, determining in advance duration, location, subject and remuneration for the collaboration;
· the procedures for conferring this assignment are governed by RD no. 3894/AG of 18.12.2008, containing the "Regulations governing comparative procedures for the conferral of individual assignments of autonomous collaboration", as well as by current applicable legislation;
· arts. 27, 59, paragraph second, 61, paragraph three, and 84 of RD 828/AG of 14 March 2014, containing the "Regulations for Administration, Finance and Accounting" of the Politecnico di Milano, and in particular, attributes the contractual responsibility, including the power to negotiate, to the General Director ;
· the conditions and prerequisites of legitimacy, as provided for by law, for making recourse to conferral of the assignment exist;
· Mr./Dr./ ______is the winner of the selection pursuant to call no. ______of ______;
NOW, THEREFORE, THE FOLLOWING IS AGREED AND STIPULATED
Art. 1
Scope of the contract
The Collaborator undertakes to provide his/her services for the development of an activity of ______
concerning
The scope of the contract involves execution of the following steps:
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The objectives that shall therefore be achieved are as follows:
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The assignment shall be carried out at
The Politecnico di Milano (Contracting structure) reserves the right to periodically assess, at its discretion, the correspondence of the partial or final work objectives established with the partial or definitive objectives identified in this contract.
Art. 2
Autonomy of the Collaborator
The assignment covered by this contract is of a project nature and therefore does not constitute an employment or subordinate relationship.
The Collaboration shall be carried out personally by the Collaborator in full autonomy and in coordination with the Scientific Director of the project (possibly identified for this purpose by the structure).
The collaboration activity is organised and carried out in accordance with the objectives referred to in art. 1 in cooperation with (the Contracting structure), in relation to its organisational requirements and in coordination with the same; the Collaborator may use the premises and equipment provided by the structure.
The Collaborator cannot assign all or part of the execution of his/her services to third parties. The Collaborator, in full compliance with the commitments taken with this contract, shall be free to exercise his/her activity in favour of third parties, provided that this does not affect the proper performance - within the established deadlines - of the services contracted with this University. The Collaborator declares, pursuant to art. 2 of Presidential Decree 62/2013, to be aware of and undertakes to comply with the code of conduct for civil servants, pursuant to art. 54 of Legislative Decree 165/2001 and with the code of conduct of public employees of the Politecnico di Milano RD n° 2131/AG of 26.06.2014 during performance of the activities provided for in this contract. The Collaborator may consult the Regulation containing the code of conduct for civil servants, in accordance with article 54 of Legislative Decree no. 165 of 30 March 2001 and the code of conduct of public employees of the Politecnico di Milano RD No 2131/AG of 26.06.2014 at the website: http://www.normativa.polimi.it.
Art. 3
Duration of the assignment
The assignment shall have a duration of ______, with effect from the date on which both parties become aware of the registration of this contract by the Court of Auditors, in the context of the verification pursuant to art. 3, paragraph one, letter f bis), of Law no.20 of 14 January 1994. The effective date of the assignment shall be promptly communicated to the Collaborator by the competent department.
At the expiry date of assignment the Collaborator shall have performed the services requested, in compliance with the deadlines and procedures established in this contract.
The assignment covered by this contract cannot be renewed.
Art. 4
Extension
The duration of the assignment may be extended only in exceptional cases in which the Structure sees a justified interest, aimed at completing the projects and due to delays not attributable to the Collaborator.
The extension does not apply if the delay is due to conduct of the Collaborator which violates the principles of good faith and contractual fairness. In any case, the extension cannot be put in place in the presence of delays and/or responsibility of the Collaborator that have caused the delay or incorrect execution, whether total or partial, of the service.
Any recourse to the extension by the Structure shall be exercised, under penalty of inefficacy, within 30 days of expiry of the assignment, as determined pursuant to art. 3 above. Any extension shall not imply additional charges for the Structure nor other remuneration for the Collaborator. The content and regulation of the contractual relationship shall continue to have effect for the entire period of extension and cannot be modified.
Art. 5
Remuneration
The Collaborator shall be entitled to remuneration of € ______before taxes, social security and welfare contributions to be borne by the Collaborator according to the law.
Payment of the amount shall take place according to the following procedures: .
In any case, payment of amounts due to the Collaborator shall take place following specific request of the Director of the Structure in which the Collaborator works.
Such request shall also be accompanied by an illustrative report providing account of the consistency of the activities carried out by the Collaborator with respect to the content and objectives provided for in this contract.
Art. 6
Tax and social security treatment
The Collaborator shall be responsible for the social security withholding for registration with the INPS separate fund to the extent established by current legislation and as declared by the Collaborator. The Structure shall pay contributions due to said institute, taking care of the formalities related to the business relationship.
The Collaborator shall be responsible for, to the extent established by current legislation, INAIL premiums for insurance coverage of risks arising from the activities covered by this contract. The Structure undertakes to make the premium payments to said institute, taking care of the formalities related to the business relationship.
In case of illness of the Collaborator the provisions pursuant to the Decree of the Minister of Employment and Social Security of 12 July 2007, published in the Official Gazette No. 247 of 23 October 2007 and art. 1, paragraph 788, of Law no. 296 of 27 December 2006, as amended, shall apply. There is no constraint to provide the service for the duration of the illness and there is no obligation of a financial nature on the part of the University. The Collaborator may therefore apply directly to INPS for payment of illness allowance.
In case of compulsory maternity leave the provisions pursuant to the Decree of the Minister of Employment and Social Security of 12 July 2007, published in the Official Gazette No. 247 of 23 October 2007 shall apply.
Suspension of activities for the period of compulsory maternity leave implies interruption of payment of remuneration pursuant to art. 12.
At the end of the period of compulsory maternity leave, the contractual relationship is extended up to a maximum of 180 days, the remuneration amount established in the contract remaining fixed.
The effect of this contract shall be suspended in the event of compulsory leave for maternity and health reasons.
Art. 7
Health and safety in the workplace
The Collaborator, pursuant to the provisions of Legislative Decree 81/2008 and of the “University Regulations for the health and safety of workers”, for safety reasons is equated to the figure of a worker and as such undertakes to conduct his/her activity in full compliance with the regulations and specifications in effect at the University in matters of safety and prevention in the workplace.
Art. 8
Confidentiality
All data and information of a technical, administrative, scientific or teaching nature which the Collaborator comes into possession of in carrying out the assignment in question shall be considered confidential and their disclosure is strictly forbidden.
Art. 9
Data Processing
In application of Legislative Decree 196/2003, the Structure undertakes to respect the confidential nature of the information provided by the Collaborator. All data provided shall be processed only for the purposes connected with and instrumental to the conclusion and management of the collaboration agreement, in compliance with current provisions and subsequent amendments and supplements.
Art. 10
Contractual discipline
Without prejudice to any other effects, failure to comply with the provisions of the regulations mentioned in the recitals as well as those on situations of incompatibility, pursuant to art. 18 of Law no. 240 of 30 December 2010, of those of the selection call of this contract - and/or breach of the obligations arising from the code of conduct for civil servants pursuant to art. 54 of Legislative Decree 165/2001 shall result in immediate forfeiture of the activities provided for in this contract and excludes the contracting party from any renewals where provided for.
In the event of breach, even due to force majeure, the provisions concerning contract termination shall apply.
For everything not expressly governed by this agreement, the collaboration relationship shall be regulated by arts. 2222 et seq. of the Civil Code.
For any dispute relating to the application or interpretation of this agreement the parties agree that jurisdiction shall lie with the Court of Milan.
Milan,
The Collaborator (The Structure Director)
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