Category A Employees Clause Samples

The 'Category A Employees' clause defines a specific group of employees within an organization, typically based on their roles, responsibilities, or level of seniority. This clause outlines which employees are classified as Category A, often including key executives, managers, or individuals with access to sensitive information. By clearly identifying these employees, the clause ensures that any special terms, obligations, or protections—such as enhanced confidentiality, non-compete restrictions, or severance arrangements—are applied consistently to the appropriate personnel, thereby reducing ambiguity and managing organizational risk.

Category A Employees. Employees in Category A with one (1) or more years of seniority at the time 33 of surplus from a job title, and who have held the job title (or higher 34 classification thereof) at the primary location where the transaction occurs, 35 will, for the first three (3) years of their Category A status, have the 36 preferential right to fill openings in such job title (or lower grade in the same 37 job family) as against all other individuals, except as to the following:

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Category A Employees. 20.1.1 All work performed by an employee on Christmas Day, Boxing Day, New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Labour Day, Anzac Day, Queens Birthday, Gazetted Show Day for the district the employee is working in, or such other day as appointed to be kept in place of such holiday shall be paid a full day's wage for that day and in addition a payment for the time actually worked at one and one-half the ordinary rate prescribed for such work with a minimum of four hours. 20.1.2 Any and every employee who, having been dismissed or stood down by the employer during the month of December in any year, shall be re-employed by that employer at any time before the end of the month of January in the next succeeding year shall, if that employee shall have been employed by that employer for a continuous period of two weeks or longer immediately prior to being so dismissed or stood down, be entitled to be paid and shall be paid by the employer (at the ordinary rate payable to that employee when so dismissed or stood down) for any one or more of the following holidays, namely Christmas Day, Boxing Day, and the first day of January occurring during the period on and from the date of dismissal or standing down to and including the date of re-employment as aforesaid. 20.1.3 All time worked on any of the aforesaid holidays outside the ordinary starting and ceasing times prescribed by this Agreement for the day of the week on which such holiday falls shall be paid for at double the rate prescribed by the Agreement for such time when worked outside the ordinary starting and ceasing times on an ordinary working day. 20.1.4 Part-time employees shall be entitled to the provisions of this clause: provided that payment shall only be made for hours actually worked, with the appropriate minimum payments applied where necessary: provided further that a part-time employee who usually works on a day of the week on which a public holiday falls, and who is not required to work on that day, shall be paid for the hours which would otherwise have been worked on that day. 20.1.5 Where there is agreement between the majority of employees concerned and the employer, and subject to statutory limitations, other ordinary working days may be substituted for the public holidays specified in this clause: provided that where an employee is subsequently required to work on such substituted day the employee shall be paid the rate applicable for the holiday that has be...

Category A Employees. The District will make available to eligible Category A employees a Health Care Insurance Program as described below. i. Individual health care insurance shall be provided, at no cost to the employee, through the Allegheny County School Health Insurance Consortium (ACSHIC) Standard HMO Plan. Changes made to the HMO Standard Plan by the ACSHIC will become the Standard Plan. ii. Employees will receive health care insurance for all levels beyond individual (employee plus spouse, employee plus children, employee plus family) at the following rates: Work Year Percentage of Monthly Premium Paid by District Percentage of Monthly Premium Paid by Employee 2020-2021 80% 20% 2021-2022 80% 20% 2022-2023 85% 15% 2023-2024 90% 10% 2024-2025 90% 10% iii. In the event the ACSHIC makes available a comparable, alternate, plan with lower premium costs, that plan will be the Standard Plan offered to the eligible employees; if more than one plan is available, the lowest premium cost plan will be designated for use as Standard. The employee may choose another health care plan as provided by paying the difference in the monthly premium over and above the percent of premium being paid as described in “ii” above. iv. The District retains the right to change insurance providers. Should a competitor create a benefit design which costs less than the ACSHIC Standard HMO Plan while being comparable in benefit and network, the District may adopt the alternative. Any savings derived by such a move shall be dived in the following proportions: 33% to be retained by the District; and 33% to be retained by the employees enrolled; and 34% to be placed into a fund, the sole purpose of which is to defray future increases in health care insurance costs. v. Any Category A employee who chooses to drop his / her health care insurance as defined above shall receive the following incentive: Individual Coverage: $100/month Any Other Coverage: $250/month The employee must provide proof of coverage from another source in order to be eligible for this buyout. In the case of a qualifying event (loss of coverage, change in marital status, birth or adoption of child, or other event recognized by the insurance carrier as catastrophic or significant change), the employee may return to his / her coverage effective the month after notice is given the District. vi. When a Category A employee resigns, retires, or has his/her employment relationship with the District terminated for any reason, that individual’s he...

Category A Employees. ‘Category A Employee’ means an employee employed by the Company on the working hour arrangements detailed in clause 3.2.1 of this Agreement.

Category A Employees. (a) Category A Employees must work an average of 36.25 hours per week within the defined spread of hours, 6:00 am to 6:30 pm Monday to Friday. (b) A standard pattern of attendance will be agreed between the individual employees and CS Energy, which will total 72.5 hours per fortnight. (c) All patterns will be designed so that Category A Employees will not be required to work more than nine attendances per fortnight, Monday to Friday. (d) For Category A Employees, the standard pattern of attendance will have a number of rostered days off. These may be moved to meet the needs of the business. If the rostered day off is to be moved then at least two working days notice must be given. This will be by mutual agreement to accommodate work requirements. Agreement for moving the rostered day off will not be unreasonably withheld by either party. (e) The needs of the business will be considered in determining these rosters and the standard pattern of attendance may change as required to meet the needs of the business. (f) CS Energy will set out a 12 month calendar at the start of January with the rostered days off allocated (Mondays or Fridays) for each potential roster. The allocation of employees to each roster will ensure that coverage within each area is maintained for the five week days. (g) For a Category A Employee the standard hours of attendance may be varied by mutual agreement to accommodate work or personal requirements. An attendance may be varied to a maximum of 10 hours and a minimum of six hours. Where the hours of attendance have been varied the total ordinary attendance hours must equal 72.5 hours for the nine attendances between the hours of 6.00am and 6.30pm Monday to Friday over the fortnight. (h) Where such an arrangement has been agreed and the hours worked exceed either 10 hours for an attendance or the total ordinary attendance hours for the fortnight exceed 72.5 hours then at the employee’s discretion any additional hours may be added to the Flexible Hours as per clause 5.4 of this Agreement or be paid in accordance with clause 5.5.1(a) of this Agreement. (i) Overtime worked by Category A Employees will be paid in accordance with clause 5.5 of this Agreement. (j) CS Energy may offer a Category A Employee the opportunity to become a Category B Employee.

Category A Employees. The working hours for non salaried Category A Employees are an average of 38 hours per week or 152 hours per 4 week period worked Monday to Friday;

Category A Employees

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Shift Employees Employees who work rotating shift patterns or those who work qualifying shifts shall be entitled, on completion of 12 months employment on shift work, to up to an additional 5 days annual leave, based on the number of qualifying shifts worked. The entitlement will be calculated on the annual leave anniversary date. Qualifying shifts are defined as a shift which involves at least 2 hours work performed outside the hours of 8.00am to 5.00pm, excluding overtime. Number of qualifying shifts per annum Number of days additional leave per annum 121 or more 5 days 96 – 120 4 days 71 – 95 3 days 46 – 70 2 days 21 – 45 1 day

Newly Hired Employees All employees hired to an insurance eligible position must make their benefit elections by their initial effective date of coverage as defined in this Article, Section 5C. Insurance eligible employees will automatically be enrolled in basic life coverage. If employees eligible for a full Employer Contribution do not choose a health plan administrator and a primary care clinic by their initial effective date, and do not waive medical coverage, they will be enrolled in a Benefit Level Two clinic (or Level One, if available) that meets established access standards in the health plan with the largest number of Benefit Level One and Two clinics in the county of the employee’s residence at the beginning of the insurance year. If an employee does not choose a health plan administrator and primary care clinic by their initial effective date, but was previously covered as a dependent immediately prior to their initial effective date, they will be defaulted to the plan administrator and primary care clinic in which they were previously enrolled.

Business Employees (a) Prior to the Closing, Seller shall update the information provided in Schedule 3.10(a)(i) as of the Closing Date. (b) As of the Closing Date, Buyer shall make offers of employment to at least the number of Business Employees of Seller set forth on Schedule 5.4(b) whom shall be specifically identified by Buyer prior to the Closing and whom shall include all Business Employees located in a country that has adopted the ARD Regulations in the event Buyer has made an offer of employment to one or more Business Employees in such country (such country, an “ARD Jurisdiction”), but shall not otherwise include any Business Employee located in any country that is an ARD Jurisdiction (the “Offered Employees”). Seller and any applicable Subsidiary shall cooperate and assist in facilitating Buyer’s or a Buyer Designee’s offers and will not take any action, or cause any of the Subsidiaries to take any action, which would impede, hinder, interfere or otherwise compete with Buyer’s or a Buyer Designee’s effort to hire any Business Employees. Promptly after the date hereof, Seller will provide to Buyer all information not provided in Schedule 3.10(a) required to be disclosed by applicable Law of the jurisdiction in which the Business Employee is located in connection with the sale of the Engenio Business. To the extent permitted by applicable Law, including data privacy and data protection Laws, Seller agrees to provide Buyer with such information reasonably requested by Buyer to assist it with complying with the terms of this Section 5.4 and to assist Buyer with determining the wages paid to the Transferred Employees (as defined below) with respect to the period beginning on January 1, 2011 and ending on the Closing Date. Seller shall be responsible for any employment action related to any Business Employee who is not an Offered Employee. To the extent any notification or consultation requirements or works council negotiation procedures are imposed by applicable Law with regard to the transfer of Business Employees to Buyer or any of its Affiliates, Seller and Buyer agree to cooperate to ensure that such notification or consultation requirements or works council negotiation procedures are timely completed. Without limiting the foregoing, each Party shall comply with all applicable Laws in connection with the transfer of the Offered Employees to Buyer or a Buyer Designee, including with respect to notice, consultation and other procedural requirements. The parties will enter into an Assignment and ▇▇▇▇ of Sale and Assumption Agreement or other appropriate documentation for relevant jurisdictions outside the United States where necessary or appropriate for the transfer of such Offered Employees and shall cooperate to complete all requisite consultation and related objection periods prior to the Closing Date. Any Offered Employee who accepts Buyer’s offer of employment and commences employment with Buyer or a Buyer Designee shall be referred to as a “Transferred Employee.” Employment of the Transferred Employees with Buyer or a Buyer Designee shall be effective as of the day following the close of business on the Closing Date; provided, that with respect to Offered Employees employed outside the European Union who, as of the Closing Date, are on Seller-approved leave (the “Leave Employees”), employment with Buyer or a Buyer Designee shall be effective as of (i) with respect to Leave Employees absent due to leave that is not protected under applicable Law, within 90 days after the Closing Date or (ii) with respect to Leave Employees absent due to protected leave under applicable Law, no later than the first Business Day following the end of the protected leave period. (c) Where terms are not dictated by applicable Law, Buyer or a Buyer Designee shall provide, or shall cause to be provided, to Transferred Employees, until at least March 31, 2012 during their employment with Buyer or a Buyer Designee, at a minimum, the same base salaries or, as applicable, base wage rates, offered by Seller or the applicable Subsidiary immediately prior to the Closing Date (but taking into account the 2011 salary increases) as set forth on Schedule 3.10(a)(i). Buyer or a Buyer Designee shall provide, or shall cause to be provided, to Transferred Employees either (at Buyer’s discretion) employee benefits that are no less favorable in the aggregate than either (i) those benefits provided to similarly situated employees of Buyer or the applicable Buyer Designee (taking into account employee’s seniority and service with Seller or Buyer or their respective Affiliates, as applicable) or (ii) the employee benefits that they were offered by Seller or the applicable Subsidiary immediately prior to the Closing Date as set forth on Schedule 3.10(b). Except as expressly set forth in this Section 5.4, no Benefit Plans or assets of any Benefit Plan shall be transferred to Buyer or any Affiliate of Buyer. Buyer will take all action necessary to ensure that, to the extent permitted under applicable Buyer or Buyer Designee Benefit Plans, such Benefit Plans shall recognize (i) for purposes of satisfying any deductibles, co-pays and out-of-pocket maximums during the coverage period that includes the Closing Date, any payment made by any Transferred Employee towards deductibles, co-pays and out-of-pocket maximums in any health or other insurance plan of Seller or a Subsidiary during the coverage period that includes the Closing Date and (ii) for purposes of determining eligibility to participate and vesting and, in the case of any Buyer severance plan or program (if any), benefit accruals, all service with Seller or a Subsidiary prior to the Closing, including service with predecessor employers that was recognized by Seller or a Subsidiary, provided that such service shall not be recognized to the extent such recognition would result in a duplication of benefits. Buyer or the applicable Buyer Designee will continue to provide tuition assistance to those Transferred Employees who are receiving such benefits as of the Closing Date for the current academic session, in each case as set forth on Schedule 5.4(c). Buyer or the applicable Buyer Designee will honor the terms and conditions of Seller’s international assignee program, including repatriation upon completion of assignment, completion bonuses, Tax equalization and Tax return preparation, with respect to Transferred Employees who are on international assignment as of the Closing Date, in each case as set forth on Schedule 5.4(c), except that these costs shall be allocated between the parties based on the portion of the international assignment occurring before or on the Closing Date (which shall be Seller’s or the applicable Subsidiary’s obligation) and after the Closing Date (which shall be Buyer’s or the applicable Buyer Designee’s obligation). (d) Seller and Buyer intend that the transactions contemplated by this Agreement shall not constitute a severance of employment, under the terms of any Benefit Plan of Seller of any Subsidiary, of any Transferred Employee prior to or upon the consummation of the transactions contemplated hereby and that such employees will have continuous and uninterrupted employment immediately before and immediately after the Closing Date. Notwithstanding anything to the contrary in this Agreement, Buyer shall provide, at a minimum, severance benefits substantially equivalent to the benefits contained in the plans listed or as described on Schedule 5.4(d) to Transferred Employees whose employment is terminated involuntarily by Buyer on or before March 31, 2012 other than terminations in circumstances that would not require payments of severance benefits under Seller’s severance plan. (e) To the extent permitted under applicable Buyer Benefit Plans, (i) Buyer shall use commercially reasonable efforts to waive any pre-existing condition exclusion (to the extent such exclusion was waived under applicable health and Welfare Plans offered to the Transferred Employees by Seller or a Subsidiary) and proof of insurability, and (ii) the medical and dental plans maintained by Buyer and any Affiliate of Buyer shall recognize as dependents of the Transferred Employees the dependents recognized by Seller’s or the applicable Subsidiary’s medical and dental plans. (f) As soon as practicable following the Closing Date, Buyer shall cause one or more defined contribution savings plans intended to qualify under sections 401(a) and 401(k) of the Code (the “Buyer Savings Plan”) to provide for the receipt of Transferred Employees’ lump sum cash distributions, in the form of an eligible rollover distribution from the LSI Corporation 401(k) Plan, provided such rollovers are made at the election of the Transferred Employees and in accordance with the terms of the Buyer Savings Plan. Seller shall cause the LSI Corporation 401(k) Plan to fully vest Transferred Employees in their accounts immediately prior to the Closing and permit the Transferred Employees to elect a lump sum cash distribution of benefits accrued through the Closing Date in accordance with the Code. (g) Seller shall make and be responsible for incentive compensation payments, if any, earned by the Transferred Employees for the period from January 1, 2011 to and including the Closing Date under the applicable incentive plans in effect for any such period (including any pro rata amount with respect to such period under a plan or program ending or vesting on or after the Closing Date). Buyer shall not assume or otherwise become liable for, and Seller shall not transfer to Buyer, any liabilities of Seller with respect to accrued but unused vacation and sabbatical leave (collectively, the “Accrued Amounts”). At the Closing, Seller shall pay to each Transferred Employee the Accrued Amount with respect to such Transferred Employee; provided, that with respect to Transferred Employees in the European Union, Seller shall pay to Buyer each such Transferred Employee’s applicable Accrued Amount, including for the avoidance of doubt, any applicable employee’s and employer’s social contributions, in each case to the extent required pursuant to applicable Law. (h) As soon as practicable following the Closing, Seller shall provide Buyer with a schedule setting forth the number of employees and the work location of each employee of Seller or any Subsidiary in the United States who terminated employment within the ninety (90) day period prior to the Closing Date. (i) Notwithstanding anything herein to the contrary, nothing in this Agreement shall require Buyer or a Buyer Designee to employ any Business Employees, or to employ any Transferred Employee on anything other than an at-will basis, terminable at any time with or without cause unless required otherwise under applicable Law. Nothing in this Section 5.4, expressed or implied, shall confer upon any employee or former employee of Seller or any Subsidiary or related entities (including, without limitation, the Transferred Employees) any rights or remedies (including, without limitation, any right to employment or continued employment for any specified period) of any nature or kind whatsoever, under or by reason of this Section 5.4. It is expressly agreed that the provisions of this Section 5.4 are not intended to be for the benefit of or otherwise be enforceable by, any third party, including, without limitation, any Transferred Employees. No provision of this Section 5.4 shall create any rights in any such persons in respect of any benefits that may be provided under any Benefit Plan or any plan or arrangement which may be established or maintained by Buyer, shall be construed to establish, amend, or modify an Benefit Plan or any other benefit plan, program, agreement or arrangement nor shall require Seller, Buyer or any Affiliate of Seller or Buyer to continue or amend any particular benefit plan and any such plan may be amended or terminated in accordance with its terms and applicable Law. (j) Seller or a Subsidiary shall use reasonable commercial efforts to cause each Transferred Employee located in India to enter into a general release of claims against Seller in customary form.

Contract Employees Contained in Annexure D.

Company Employees Each Party shall not, directly or indirectly solicit for employment, any employee of the other Party who has been directly involved in the performance of this Agreement during the Term and for one year after the earlier of the termination or expiration of this Agreement or the termination of such individual's employment, with the other Party. It shall not be a violation of this provision if any employee responds to a Party's general advertisement of an open position.

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