Chinese Employees Sample Clauses

Chinese Employees. (i) On the same date on which the German Employees To Be Transferred By Law are notified pursuant to Section 5.4(b)(ii), Buyer shall make offers of employment to the Business Employees who are employed by Infineon Technologies Center of Competence (Shanghai) Co. Ltd. and Infineon Technologies China Co. Ltd. (the “Chinese Sellers”) in China and who are listed on Schedule 5.4(h)(i) (the “Chinese Business Employees”). Seller shall cooperate and assist, and shall cause Chinese Sellers to cooperate and assist, in facilitating the Buyer’s offers. Employment with Buyer or a Buyer Designee of Chinese Business Employees who have accepted Buyer’s offer of employment (together with the Chinese Substituted Employees, but excluding any such employees for which there was a substitution, the “Chinese Transferred Employees”) shall be effective as of the day following the close of business on the Closing Date. (ii) Buyer shall offer to each Chinese Business Employee, and shall provide to each Chinese Transferred Employee during such employee’s employment, compensation that, in the aggregate, is no less favorable (or substantially similar in the aggregate) than that provided by the respective Chinese Seller to such Chinese Business Employee immediately prior to the Closing Date. Buyer shall offer to each Chinese Business Employee, and provide to each Chinese Transferred Employee, employee benefits that, in the aggregate, are substantially similar (excluding existing equity arrangements, defined benefit plans, retiree medical plans and non-qualified deferred compensation) to what the respective Chinese Business Employee receives at the date at which Buyer makes its offer of employment to such Business Employee. Except as expressly set forth in this Section 5.4, no assets of any Benefit Plan shall be transferred to Buyer or any Affiliate of Buyer. Each Benefit Plan of Buyer or an Affiliate of Buyer shall use Reasonable Commercial Efforts to recognize (x) 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 Chinese Transferred Employees towards deductibles, co-pays and out-of-pocket maximums in any group health Benefit Plan, and (y) for purposes of determining eligibility to participate, vesting and for any severance benefits or future vacation accruals based on service, all service with Seller or a Subsidiary, including service with predecessor employers that was recog...

Chinese Employees. All liabilities associated with Buyer’s failure to assume the Chinese Employment Agreements, including which may result from Seller’s or its Subsidiary’s termination of such employees, as set forth in the Employee Matters Agreement. provided, however, that notwithstanding the foregoing, the Assumed Liabilities related to Xxxxxx Canada shall only include those obligations and liabilities described above in this definition of Assumed Liabilities that are not Excluded Liabilities and are (i) amounts relating to the Business owing by Xxxxxx Canada to any Person as of the Closing Date, which are incurred in connection with the purchase of goods or services, and (ii) other liabilities relating to the Business incurred by Xxxxxx Canada as of the Closing Date but which are not yet due and payable as of the Closing Date excluding reserves and contingent amounts (all other obligations and liabilities of Xxxxxx Canada described above in this definition of Assumed Liabilities that are not included in subsections (i) and (ii) of this proviso and that are not Excluded Liabilities are referred to as the “Remaining Canadian Obligations”).

Chinese Employees. (a) Schedule 3.14(a) of the Seller Disclosure Schedule contains a true and complete list of all employees in China (indicating title, employment classification and level, salary and contractual benefits, period of continuous employment, location, and age) who work for the Business and therefore should be transferred (the “Chinese Transferred Employees”) from the Seller Group to the Purchaser Group under Section 5.10 (Employment Procedures). No Chinese Transferred Employees can claim different contractual terms and conditions than those contained in Schedule 3.14(a) of the Seller Disclosure Schedule. (b) The Seller Group has no reason to believe that any Chinese Transferred Employee would refuse to accept employment with the Purchaser as contemplated in Section 5.10 (Employment Procedures). General relations between the Seller Group and the Chinese Transferred Employees are good and there is no present, pending or, to the Seller Group’s Knowledge, threatened strike or industrial or trade dispute or negotiation with any trade union or other group or organisation representing Chinese Transferred Employees and there is nothing likely to give rise to such a dispute or process. (c) At the date hereof, no Chinese Transferred Employee has given or has received notice terminating his or her employment nor have there been any proposals by the Seller Group to terminate the employment of any Chinese Transferred Employees. Any termination notice received or sent to any Chinese Transferred Employees between the date hereof and Chinese Closing Date will be promptly communicated to the Purchaser. (d) The Seller Group has complied and presently complies in all material respects with: (i) all applicable Laws and individual contracts regarding the Chinese Transferred Employees, including without limitation any provisions thereof relating to terms and conditions of employment or consultancy relationships, wages, hours, the payment of social security, insurance or other required contributions and taxes, mandatory payments, mandatory hiring of disabled people, mandatory filings with competent authorities; (ii) all applicable Laws regarding plant closings, mass layoffs, collective dismissals of redundancies or any other collective procedures (including any procedure or similar collective procedure, in relation to which has obtained any necessary governmental authorizations from competent authorities), required by the applicable Laws to Chinese Transferred Employees; and (iii) al...

Chinese Employees. Buyer shall issue a written offer of employment to the employees identified on Schedule 9.3(d) (the “Chinese Employees”) simultaneously with a written notice of termination to be issued by Sellers to the Chinese Employees not less than thirty (30) days before the Closing Date (or such shorter period as may be agreed by any such Chinese Employee or as may otherwise be consistent with applicable law). Such offers of employment shall be subject to and in compliance with Buyer’s standard applicable human resources policies and procedures and applicable law, and on terms and conditions (including credit for years of employment with Sellers and any predecessor entity) at least during the Retention Period comparable in the aggregate to the terms and conditions on which such Chinese Employees were employed by Sellers prior to Closing, including, without limitation, with respect to compensation, social welfare, location and eligibility for severance. After the date on which such notices are issued, Sellers shall permit Buyer to review employee files, compensation data, and job information for such Chinese Employees, subject to applicable law. After such date, Sellers shall permit Buyer to contact and meet with all such Chinese Employees at Sellers’ premises during normal business hours, and Sellers shall cooperate fully with Buyer in all such respects. Any Chinese Employee who does not accept an offer of employment from Buyer shall be terminated by Sellers when allowed under applicable law.

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Transferred Employees Effective as of the Closing Date, Purchaser or one of its Affiliates shall make an offer of employment to each Applicable Employee. Notwithstanding anything herein to the contrary and except as provided in an individual employment Contract with any Applicable Employee or as required by the terms of an Assumed Plan, offers of employment to Applicable Employees whose employment rights are subject to the UAW Collective Bargaining Agreement as of the Closing Date, shall be made in accordance with the applicable terms and conditions of the UAW Collective Bargaining Agreement and Purchaser’s obligations under the Labor Management Relations Act of 1974, as amended. Each offer of employment to an Applicable Employee who is not covered by the UAW Collective Bargaining Agreement shall provide, until at least the first anniversary of the Closing Date, for (i) base salary or hourly wage rates initially at least equal to such Applicable Employee’s base salary or hourly wage rate in effect as of immediately prior to the Closing Date and (ii) employee pension and welfare benefits, Contracts and arrangements that are not less favorable in the aggregate than those listed on Section 4.10 of the Sellers’ Disclosure Schedule, but not including any Retained Plan, equity or equity-based compensation plans or any Benefit Plan that does not comply in all respects with TARP. For the avoidance of doubt, each Applicable Employee on layoff status, leave status or with recall rights as of the Closing Date, shall continue in such status and/or retain such rights after Closing in the Ordinary Course of Business. Each Applicable Employee who accepts employment with Purchaser or one of its Affiliates and commences working for Purchaser or one of its Affiliates shall become a “Transferred Employee.” To the extent such offer of employment by Purchaser or its Affiliates is not accepted, Sellers shall, as soon as practicable following the Closing Date, terminate the employment of all such Applicable Employees. Nothing in this Section 6.17(a) shall prohibit Purchaser or any of its Affiliates from terminating the employment of any Transferred Employee after the Closing Date, subject to the terms and conditions of the UAW Collective Bargaining Agreement. It is understood that the intent of this Section 6.17(a) is to provide a seamless transition from Sellers to Purchaser of any Applicable Employee subject to the UAW Collective Bargaining Agreement. Except for Applicable Employees with non- standard individual agreements providing for severance benefits, until at least the first anniversary of the Closing Date, Purchaser further agrees and acknowledges that it shall provide to each Transferred Employee who is not covered by the UAW Collective Bargaining Agreement and whose employment is involuntarily terminated by Purchaser or its Affiliates on or prior to the first anniversary of the Closing Date, severance benefits that are not less favorable than the severance benefits such Transferred Employee would have received under the applicable Benefit Plans listed on Section 4.10 of the Sellers’ Disclosure Schedule. Purchaser or one of its Affiliates shall take all actions necessary such that Transferred Employees shall be credited for their actual and credited service with Sellers and each of their respective Affiliates, for purposes of eligibility, vesting and benefit accrual (except in the case of a defined benefit pension plan sponsored by Purchaser or any of its Affiliates in which Transferred Employees may commence participation after the Closing that is not an Assumed Plan), in any employee benefit plans (excluding equity compensation plans or programs) covering Transferred Employees after the Closing to the same extent as such Transferred Employee was entitled as of immediately prior to the Closing Date to credit for such service under any similar employee benefit plans, programs or arrangements of any of Sellers or any Affiliate of Sellers; provided, however, that such crediting of service shall not operate to duplicate any benefit to any such Transferred Employee or the funding for any such benefit. Such benefits shall not be subject to any exclusion for any pre-existing conditions to the extent such conditions were satisfied by such Transferred Employees under a Parent Employee Benefit Plan as of the Closing Date, and credit shall be provided for any deductible or out-of-pocket amounts paid by such Transferred Employee during the plan year in which the Closing Date occurs.
TIME EMPLOYEES Part-time employee means an employee whose weekly scheduled hours of work on average are less than those established in Article 25 but not less than those prescribed in the Public Service Labour Relations Act.
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. The initial term of employment shall be for a period no less than three (3) months, subject to termination for cause, which cause shall be determined by the Buyer or Buyer Designee in its sole discretion. At the end of the initial three (3) month term, the Buyer or Buyer Designee shall have the option to extend employment to those Business Employees as it determines in its sole discretion. 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 December 29, 2017 and ending on the Closing Date. Without limiting the foregoing, each Party shall comply with all applicable Laws in connection with the transfer of the employees to Buyer or a Buyer Designee, including with respect to notice and other procedural requirements. 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. 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, 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 immediately prior to the Closing Date (but taking into account the 2018 salary increases) as set forth on Schedule 3.10(a)(i). 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. 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 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 December 31, 2017 other than terminations in circumstances that would not require payments of severance benefits under Seller’s severance plan. e) 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 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
CONTRACT EMPLOYEES Contained in Annexure D.
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
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.
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.
Active Employees Active Employees who have not terminated service during the Plan Year and who meet the following requirements (select all that apply; leave blank if no exclusions): a. [ ] The Employee must be at least age (e.g., 55) b. [ ] The value of the sick and/or vacation leave must be at least $ (e.g., $2,000) c. [ ] A contribution will only be made if the total hours is over (e.g., 10) hours d. [ ] A contribution will not be made for hours in excess of (e.g., 40) hours
Rehired Employees Amounts forfeited upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or re-credited if an individual is subsequently rehired or re-employed by the School Corporation. However, if the board shall have approved a leave of absence of not more than one (1) fiscal year for an employee, such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave.
Auxiliary Employees ‌ (a) An auxiliary employee shall receive a letter of appointment clearly stating their employment status and expected duration of employment. (b) Auxiliary employees who have worked 1827 hours in 33 pay periods and who are employed for work which is of a continuous full-time or continuous part-time nature, shall be converted to regular status effective the beginning of the month following the month in which they attain the required hours. (c) For the purposes of (b) above and Clauses 31.6—Application of Agreement, 31.9—Medical, Dental and Group Life Insurance, 31.11—Annual Vacations and 31.12—Eligibility Requirements for Benefits, hours worked shall include: (1) hours worked at the straight-time rate; (2) hours compensated in accordance with Clause 31.10—Designated Paid Holidays; (3) hours that a seniority rated auxiliary employee cannot work because they are on a recognized WCB claim arising from their employment with the government to a maximum of 420 hours of missed work opportunity within 14 calendar weeks from the beginning of the claim; (4) annual vacation pursuant to Clause 31.11(d)—Annual Vacations; (5) compensatory time off provided the employee has worked 1827 hours in 33 pay periods; (6) missed work opportunities during leaves pursuant to Clause 2.10 (a) Time Off for Union Business—Without pay, except that during the first 33 pay periods of employment such credit shall be limited to 105 hours; (7) leaves pursuant to Clause 2.10(b)—Time Off for Union Business—With pay; Notwithstanding (3) above, an auxiliary employee eligible for conversion to regular status shall not be converted until the employee has returned to active employment for 140 hours. The effective date of such conversion shall be the first of the month following the date on which eligibility for conversion occurs. (d) For the purposes of (b) above and Clauses 31.6—Application of Agreement, 31.9—Medical, Dental and Group Life Insurance, 31.11—Annual Vacations and 31.12—Eligibility Requirements for Benefits, hours beyond the 420 hours in (c)(3) above, that an auxiliary employee cannot work because they are on a recognized WCB claim arising from their employment with the government are not added to the 1827 or 1200 hours nor are the days charged against the 33 or 26 pay periods.

Chinese Employees Sample Clauses

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