Ad clause 13 of the MAIN AGREEMENT - Employees Sample Clauses

Ad clause 13 of the MAIN AGREEMENT - Employees. The whole of this clause 13 shall be deemed deleted and substituted with the following: 13.1 The parties agree that with effect from the EFFECTIVE DATE (which shall be deemed to be the date of transfer as envisaged in Section 197(1)(b) of the Labour Relations Act, 66 of 1995 (as amended) LRA, Section 197(2) of LRA shall be applicable to all the employees employed at the WESTWITS PLANT ENTERPRISE as listed in Annexe “l” hereto (“the transferred employees”) and that accordingly the employment of each transferred employee will continue in force with MOGALE as the new employer in terms of the LRA. Accordingly and given the absence of agreement to the contrary as contemplated by Sections 197(2) and 197(6) of LRA — 13.1.1 MOGALE shall be automatically substituted in the place of WESTWITS in respect of all contracts of employment in existence immediately before the EFFECTIVE DATE.; 13.1.2 all the rights and obligations between WESTWITS and the transferred employees shall continue in force as if they had been rights and obligations between MOGALE and such employees; 13.1.3 anything done before the EFFECTIVE DATE by or in relation to WESTWITS, including the dismissal of an employee or the commission of an unfair labour practice or act of unfair discrimination, shall be considered to have been done by or in relation to MOGALE; 13.1.4 the transfer shall not interrupt any transferred employees’ continuity of employment, and all such employees’ contracts of employment shall continue with MOGALE as if with WESTWITS. 13.2 MOGALE shall comply with Section 197(2) of LRA in that it shall employ all transferred employees on terms and conditions that are on the whole not less favourable to the transferred employees than those on which they were employed by WESTWITS, and MOGALE shall be bound by all awards and collective agreements (if any) referred to in Section 197(5)(b) of LRA. 13.3 It is recorded that the PARTIES have reached agreement on the values to be attributed as at the 31st May 2003 to leave pay, severance pay and other payments that will have accrued but will not have been paid to the transferred employees in terms of Clause 197(7)(a) of LRA, and in the case of sub-section (ii) thereof, severance pay that would have been payable to the transferred employees in the event of dismissal on that date by reason of the employer’s operational requirements. Particulars of the employees and of the aforegoing valuations attributed to each one, are set out in Annexe “l” hereto...
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Related to Ad clause 13 of the MAIN AGREEMENT - Employees

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