Common use of Arrangements Clause in Contracts

Arrangements. An employee may be required to take leave without pay during all or part of the non-term weeks, provided that: (a) the employee’s contract of employment specifies the arrangement in writing; (b) all such periods count as service for the purpose of calculating accrued leave entitlements, the period of service for progression, the period of service for redundancy purposes and do not break continuity of service; (c) where an employee’s pay is not averaged in accordance with sub-clause 13.2 below, any public holidays falling within such period of leave without pay shall be paid at the ordinary rate if they fall on a day on which the employee ordinarily works. Where an employee’s pay is averaged in accordance with sub-clause 13.2 below, payment for public holidays falling within such period of leave is included in the averaged rate of pay and no additional payment is required (d) if the employee’s contract of employment does not specify a requirement to work during non-term weeks and appropriate work is available for the employee during any such period, or the contract does specify such a requirement and work is available in addition to the specified requirement, the employee may be offered such work (whether on a full-time, part-time or casual basis). The employee may refuse an offer of employment without prejudice to their normal employment relationship. Appropriate work will mean such work as is available that is capable of being performed by the employee. Remuneration for such work will be at the rate of pay applicable to the work being performed, calculated at the unaveraged rate of pay. Such payment will be in addition to any other payment due to the employee for the period. Alternatively, the employee may request in writing that the work be treated as make up time in accordance with clause 31.3 and an agreement to this effect will be kept with pay records. (e) if the employee’s contract of employment specifies a requirement to work during one or more non-term weeks between identified term time, but does not specifically designate the particular weeks and/or days required to be worked during such non- term weeks, the employer and the employee shall agree as early as practicable in a school calendar year on the weeks and/or days to be worked. Failing agreement, the employee shall be given at least four term weeks notice of the weeks and/or days required to be worked prior to the commencement of the particular non-term weeks. Provided that any such requirement that the employee work shall not be unreasonable given the employee’s personal circumstances and the notice given. The employee may be required to work during the ordinary hours and days which the person normally works, provided that the employee may agree to work on different days or for different hours or with a lesser period of notice. The employee may not be required to work during a non-term period between particular terms unless the contract of employment specifies the relevant terms. (f) An employer may elect to pay an employee only for the time worked (and therefore not during non-term weeks) or by equal salary instalments throughout the year as provided by sub-clause 13.2. (g) Where a person employed as at the date of making this Agreement is not employed on a contract which allows for leave without pay during non-term weeks that employee will not be required to take such leave or have their contract of employment changed merely as a result of this Agreement coming into operation. For the avoidance of doubt, this clause does not prohibit the re-negotiation of existing arrangements to allow for such leave.

Arrangements. An employee Employee may be required to take leave without pay during all or part of the non-term weeks, provided that: (a) the employee’s The Employee's contract of employment specifies the arrangement in writing;. (b) all All such periods do not break continuity of service and count as service for the purpose of calculating accrued leave entitlements, the period of service for progression, progression and the period of service for redundancy purposes and do not break continuity of service;purposes. (c) where Where an employee’s Employee's pay is not averaged in accordance with sub-sub- clause 13.2 below, any public holidays falling within such period of leave without pay shall be paid at the ordinary rate if they fall on a day on which the employee Employee ordinarily works. Where an employee’s Employee's pay is averaged in accordance with sub-clause 13.2 below, payment for public holidays falling within such period of leave is included in the averaged rate of pay and no additional payment is required. (d) if the employee’s If an Employee's contract of employment does not specify a requirement to work during non-term weeks and appropriate work is available for the employee Employee during any such period, or the contract does specify such a requirement and work is available in addition to the specified requirement, the employee Employee may be offered such work (whether generally on a full-time, part-time or casual basis). The employee Employee may refuse an offer of employment work without prejudice to their normal employment relationship. Appropriate work will mean such work as is available that is capable of being performed by the employeeEmployee. Remuneration for such work will be at the casual rate of pay applicable to the work being performed, performed (calculated at on the unaveraged rate of pay). Such payment will be in addition to any other payment due to the employee Employee for the period. Alternatively, the employee may request in writing that the work be treated as make up time in accordance with clause 31.3 and an agreement to this effect will be kept with pay records. (e) if If the employee’s Employee's contract of employment specifies a requirement to work during one or more non-term weeks between identified term time, but does not specifically designate the particular weeks week(s) and/or days required to be worked during such non- non term weeks, the employer Employer and the employee Employee shall agree as early as practicable in a school calendar year on the weeks and/or days to be worked. Failing worked and, failing agreement, the employee Employee shall be given at least four term weeks weeks’ notice of the weeks and/or week(s) and days required to be worked prior to the commencement of the particular non-term weeks. Provided that any such requirement that the employee Employee work shall not be unreasonable given the employee’s Employee's personal circumstances and the notice given. The employee Employee may be required to work during the ordinary hours and days which the person normally works, provided that the employee Employee may agree to work on different days or for different hours or with a lesser period of notice. (f) If the Employee's contract of employment specifies a requirement to work during some non-term weeks, during a School year, but does not identify the particular non term period within which an Employee is required to work (for example, the contract provides that the Employee will work two non-term weeks in the School year) the Employer and Employee shall agree as early as practicable in a School calendar year on the weeks and/or days to be worked and, failing agreement, the Employee shall be given at least eight term weeks’ notice of the week(s) and days to be worked prior to the commencement of the non- term week(s) within which the Employee is required to work. Provided that any such requirement that the Employee work shall not be unreasonable given the Employee's personal circumstances and the notice given. The employee Employee may not be required to work during the ordinary hours and days which the Employee normally works, provided that the Employee may agree to work on different days or for different hours or with a non-term lesser period between particular terms unless the contract of employment specifies the relevant termsnotice. (fg) An employer Employer may elect to pay an employee Employee only for the time worked (and therefore not during non-term weeks) or by equal salary instalments throughout the year as provided by sub-clause 13.2. (gh) Where a person employed as at the date of making this Agreement is not employed on a contract which allows for leave without pay during non-term weeks that employee Employee will not be required to take such leave or have their contract of employment changed merely as a result of this Agreement coming into operation. For the avoidance of doubt, this clause does not prohibit the re-negotiation of existing arrangements to allow for such leave.

Arrangements. An employee may be required to take leave without pay during all or part of the non-term weeks, provided that: (a) the The employee’s contract of employment specifies the arrangement in writing;. (b) all All such periods do not break continuity of service and count as service for the purpose of calculating accrued leave entitlements, the period of service for progression, progression and the period of service for redundancy purposes and do not break continuity of service;purposes. (c) where an employee’s pay is not averaged in accordance with sub-clause 13.2 below, any Any public holidays falling within such period of leave without pay shall be paid at the ordinary rate if they fall on a day on which the employee ordinarily works. Where an employee’s pay is averaged in accordance with sub-clause 13.2 below, payment for public holidays falling within such period of leave is included in the averaged rate of pay and no additional payment is required. (d) if the If an employee’s contract of employment does not specify a requirement to work during non-term weeks and appropriate work is available for the employee during any such period, or the contract does specify such a requirement and work is available in addition to the specified requirement, the employee may be offered such work (whether on a full-time, part-time or casual basis). The employee may refuse an offer of employment work without prejudice to their normal employment relationship. Appropriate work will mean such work as is available that is capable of being performed by the employee. Remuneration for such work will be at the rate of pay applicable to the work being performed, calculated at the unaveraged rate of pay. Such payment will be in addition to any other payment due to the employee for the period. Alternatively, the employee may request in writing that the work be treated as make up time in accordance with clause 31.3 and an agreement to this effect will be kept with pay records. (e) if If the employee’s contract of employment specifies a requirement to work during one or more non-term weeks between identified term time, but does not specifically designate the particular weeks and/or days required to be worked during such non- non term weeks, the employer and the employee shall agree as early as practicable in a school calendar year on the weeks and/or days to be worked. Failing agreement, the employee shall be given at least four term weeks notice of the weeks and/or days required such requirement to be worked work prior to the commencement of the particular non-term weeks. Provided that any such requirement that the employee work shall not be unreasonable given the employee’s personal circumstances and the notice given. The employee may be required to work during the ordinary hours and days which the person normally works, provided that the employee may agree to work on different days or for different hours or with a lesser period of notice. (f) If the employee’s contract of employment specifies a requirement to work during non-term weeks, but does not identify the particular non term period within which an employee is required to work (for example, the contract provides that the employee will work two non term weeks in the school year) the employee shall be given at least eight term weeks notice of such requirement to work prior to the commencement of the non-term week(s) within which the employee is required to work. The employee may not be required to work during the ordinary hours and days which the person normally works, provided that the employee may agree to work on different days or for different hours or with a non-term lesser period between particular terms unless the contract of employment specifies the relevant termsnotice. (fg) An employer may elect to pay an employee only for the time worked (and therefore not during non-term weeks) or by equal salary instalments throughout the year as provided by sub-sub clause 13.2. (g) Where a person employed as at the date of making this Agreement is not employed on a contract which allows for leave without pay during non-term weeks that employee will not be required to take such leave or have their contract of employment changed merely as a result of this Agreement coming into operation. For the avoidance of doubt, this clause does not prohibit the re-negotiation of existing arrangements to allow for such leave.