Α.  Purpose

The HRDA has established a mechanism for submitting objections to the General Director of the HRDA by natural and/or legal persons who cooperate with the HRDA within the framework of its various Schemes/Activities, concerning specific decisions made by HRDA officials in accordance with the provisions of the relevant Guides, or of the Schemes/Activities, and/or the Policies and Procedures for the payment of grants, financial assistance, or allowances approved by the Board of Directors.

Β.  Legal Basis

Pursuant to Article 21 of Law 125(I)/99 as amended ("the Law"), the HRDA has the authority to provide grants to employers for providing training to their employees. The applicable procedure, terms, and conditions for granting these funds are determined by the Board of Directors and are outlined in the Guides issued by the Board pursuant to Article 21(1)(b) of the Law.

Additionally, under Article 5 of the Law, the HRDA is empowered to provide financial assistance to institutions, organizations/enterprises, or other persons or authorities, as well as to provide or secure allowances and scholarships or other support for trainees.

Based on the above Article, the Board of Directors approves Schemes/Activities and the procedure, terms, and conditions for providing financial assistance to institutions, organizations, and enterprises or for providing allowances to trainees for these Schemes/Activities.

C.  Responsibilities/Scope of Application

The HRDA's Board of Directors has decided to establish a procedure for submitting objections to the General Director by natural and/or legal persons cooperating with the HRDA in the framework of its various Schemes/Activities, against the following decisions:

(i) Rejection of applications for the implementation of training programmes or specific development activities promoted by the HRDA;
(ii) Rejection of applications for grants for training programmes or specific development activities promoted by the HRDA;
(iii) Payment of a reduced grant or training allowance;
(iv) Rejection of an application for the implementation of a training programme or payment of a grant due to failure to meet the time limits prescribed in the relevant Policy and Procedures Guide or Document for each HRDA Scheme/Activity;
(v) Withdrawal of approval for the implementation of a training programme or written observation, based on the findings of an audit visit conducted by the HRDA.

D.  Handling of Objections by the General Director

1.  Any natural and/or legal person cooperating with the HRDA in the framework of its various Schemes/Activities has the right, within 30 calendar days from the date of notification of the HRDA’s decision on the matters outlined in paragraph C (Responsibilities/Scope), to submit an objection ("the Objection") to the HRDA decision ("the Decision"). The objection must specify the legal and factual grounds on which it is based and attach supporting documentation.

2. For objections concerning:

(i) Rejection of applications for the implementation of training programmes or specific development activities;
(ii) Rejection of applications for a grant or training allowance for training programmes or specific development activities;
(iii) Payment of a reduced amount of grant or training allowance; and
(iv) Rejection of an application for the implementation of a training programme or payment of a grant due to failure to comply with the time limits specified in the Policy and Procedures Guide or Document of each HRDA Scheme/Activity,

the procedure set out in paragraphs 2.1 to 2.3 shall be followed:

2.1. The objection will be referred to the General Director for handling.

2.2. The General Director will refer the matter to the official who made the Decision, who, after considering the appellant's objections, will submit a report of facts to the General Director.

2.3. The General Director, having reviewed the Objection, the Report of Facts, and the relevant Administrative File, may:

(i) Reject the Objection and uphold the Decision;
or
(ii) Accept the Objection, annul the Decision if deemed in violation of applicable law, and refer the matter back to the Officer who made the decision for a review and issuance of a new decision.

In cases of Objections regarding the rejection of an application due to failure to meet the prescribed time limits, the General Director may only accept the Objection and annul the Decision if it is proven that the failure to comply with the time limits was due to force majeure, as defined by the Board of Directors in its 570th meeting on May 12, 2014: "Acts of God, strikes, occupations, other labor disturbances, hostilities, wars (declared or undeclared), blockades, riots, insurrections, stoppages, epidemics, landslides, earthquakes, storms, lightning, floods, erosion, civil disturbances, explosions, and any other unforeseen events beyond the control of the Parties that occur within the territory of the Republic of Cyprus, over which the Government exercises effective control."

3. For Objections concerning the withdrawal of approval for the implementation of a training programme or written observations based on audit findings conducted by the HRDA:

the procedure set out in paragraphs 3.1 to 3.3 shall be followed:

3.1. The General Director will refer the matter to the Contract Implementation Monitoring Committee (hereinafter referred to as "the Committee") which made the Decision, for the preparation of a Report of Facts by the Officer who approved the programme, and submission to the Committee.

3.2. The Committee, after considering the information submitted with the Objection, the Report of Facts, and the relevant Administrative File, will submit a recommendation to the General Director regarding the acceptance or rejection of the Objection.

3.3. The General Director, after reviewing the Objection, the Report of Facts, the relevant Administrative File, and the Committee’s recommendation, may:

(i) Reject the Objection and uphold the Decision;
or
(ii) Accept the Objection, annul the Decision if deemed to violate any provision of applicable law, and refer the matter back to the Officer who made the decision for a review and new decision.

4. The process for examining an Objection will be completed as promptly as possible, and the General Director’s decision will be made no later than 30 calendar days after the Objection is received, unless there are special reasons.

5. Following the General Director's decision, the appellant will be informed in writing by the appropriate Directorate of the outcome of their Objection as soon as possible.

6. If the appellant disagrees with the HRDA's decision on their Objection, they have the right to appeal to the Supreme Court within 75 days from the notification of the HRDA’s decision.