Continuity of Employment in Restructuring Sample Clauses

Continuity of Employment in Restructuring. (a) For the purpose of this provision, restructuring, in relation to the Ministry’s business:
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Continuity of Employment in Restructuring. 1. For the purpose of this provision: a. Restructuring, in relation to a Kindergarten Association’s business means: i. entering into a contract or arrangement under which the Kindergarten Association’s business (or part of it) is undertaken for the Kindergarten Association by another person; or ii. selling or transferring the Kindergarten Association’s business (or part of it) to another person. b. Restructuring, in relation to a Kindergarten Association’s business does not include: i. the termination of a contract or arrangement under which the Kindergarten Association carries out work on behalf of another person or organisation. c. Where it is proposed that the Kindergarten Association be restructured and, as a result of that restructuring, the work being performed by any affected teachers of the Kindergarten Association would be performed by a new employer, then: i. in accordance with the principles outlined in clause 2.7 the Kindergarten Association will inform the NZEI Te Riu Roa at the earliest opportunity, and as soon as is practicable will provide the NZEI Te Riu Roa with copies of the information outlined in 2.12.c.ii below; ii. within a reasonable period prior to the restructuring taking effect the Kindergarten Association will notify the new employer of the number of affected teachers and, in relation to each affected teacher, provide details of; • the work currently being performed by those teachers; and • details of their terms and conditions of employment (including their total remuneration, length of service and any accrued benefits or entitlements). iii. the Kindergarten Association will arrange to meet with the new employer to negotiate: • the number and type of positions in respect of which the affected teachers may be offered employment with the new employer; • the terms and conditions of employment on which the affected teachers may be offered employment on those conditions (including whether the affected teachers will transfer to the new employer on the same terms and conditions of employment and if those terms and conditions will be included in a Collective Agreement); • the arrangements, if required, for the transfer of any existing superannuation scheme benefits or entitlements and any other accrued benefits and entitlements in relation to those affected teachers who may be offered employment by the new employer; • the arrangements, if required, for when and how offers of employment are to be made to the affected teachers and the mo...
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Continuity of Employment in Restructuring. 4.5.1 The purpose of this provision is to provide protection for the employment of employees (other than employees to whom Schedule 1A of the Employment Relations Xxx 0000 applies) if the Ministry is restructured as a result of: a) entering into a contract or arrangement under which the Ministry’s functions (or part of those functions) are undertaken for the Ministry by another person; or b) selling or transferring the Ministry’s functions (or part of those functions) to another employer. 4.5.2 The process to be followed in negotiating with a new employer about the restructuring in relation to affected employees shall be as follows: a) If the Ministry is being, or is proposed to be restructured and, as a result of that restructuring, the work being performed by any affected employees of the Ministry is, or is to be, performed by a new employer, then the following provisions will apply: i. In accordance with the principles outlined in 4.2, where it is identified that there will be an impact on NZEI members as a result of a specific proposal to restructure, the Ministry will inform the National Secretary of NZEI at the earliest opportunity. The Ministry will provide copies of the information outlined in 4.5.2(a)(i) and (ii) to the National Secretary of NZEI. ii Within a reasonable period prior to the restructuring taking effect, the Ministry will notify the new employer of the number of affected employees and provide details of the work currently performed by those employees together with details of the terms and conditions of their employment (including the total remuneration of each affected employee, length of service and any accrued benefits or entitlements);
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Continuity of Employment in Restructuring. For the purpose of this provision: Restructuring, in relation to a Kindergarten Association’s business means: entering into a contract or arrangement under which the Kindergarten Association’s business (or part of it) is undertaken for the Kindergarten Association by another person; or selling or transferring the Kindergarten Association’s business (or part of it) to another person. Restructuring, in relation to a Kindergarten Association’s business does not include: the termination of a contract or arrangement under which the Kindergarten Association carries out work on behalf of another person or organisation. Where it is proposed that the Kindergarten Association be restructured and, as a result of that restructuring, the work being performed by any affected teachers of the Kindergarten Association would be performed by a new employer, then: in accordance with the principles outlined in clause 2.7 the Kindergarten Association will inform the NZEI Te Riu Roa at the earliest opportunity, and as soon as is practicable will provide the NZEI Te Riu Roa with copies of the information outlined in 2.12.c.ii below; within a reasonable period prior to the restructuring taking effect the Kindergarten Association will notify the new employer of the number of affected teachers and, in relation to each affected teacher, provide details of; the work currently being performed by those teachers; and details of their terms and conditions of employment (including their total remuneration, length of service and any accrued benefits or entitlements). the Kindergarten Association will arrange to meet with the new employer to negotiate: the number and type of positions in respect of which the affected teachers may be offered employment with the new employer; the terms and conditions of employment on which the affected teachers may be offered employment on those conditions (including whether the affected teachers will transfer to the new employer on the same terms and conditions of employment and if those terms and conditions will be included in a collective agreement); the arrangements, if required, for the transfer of any existing superannuation scheme benefits or entitlements and any other accrued benefits and entitlements in relation to those affected teachers who may be offered employment by the new employer; the arrangements, if required, for when and how offers of employment are to be made to the affected teachers and the mode of acceptance. the Kindergarten Association...
Sample 1
Continuity of Employment in Restructuring. 1. For the purpose of this provision: a. Restructuring, in relation to a Kindergarten Association’s business means: i. entering into a contract or arrangement under which the Kindergarten Association’s business (or part of it) is undertaken for the Kindergarten Association by another person; or ii. selling or transferring the Kindergarten Association’s business (or part of it) to another person. b. Restructuring, in relation to a Kindergarten Association’s business does not include: i. the termination of a contract or arrangement under which the Kindergarten Association carries out work on behalf of another person or organisation. c. Where it is proposed that the Kindergarten Association be restructured and, as a result of that restructuring, the work being performed by any affected teachers of the Kindergarten Association would be performed by a new employer, then: i. in accordance with the principles outlined in clause 2.7 the Kindergarten Association will inform the NZEI Te Riu Roa at the earliest opportunity, and as soon as is practicable will provide the NZEI Te Riu Roa with copies of the information outlined in 2.12.c.ii below; ii. within a reasonable period prior to the restructuring taking effect the Kindergarten Association will notify the new employer of the number of affected teachers and, in relation to each affected teacher, provide details of; • the work currently being performed by those teachers; and • details of their terms and conditions of employment (including their total remuneration, length of service and any accrued benefits or entitlements).
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Related to Continuity of Employment in Restructuring

  • Continuity of Employment This Option shall not be exercisable by the Grantee in any part unless at all times beginning with the date of grant and ending no more than three (3) months prior to the date of exercise, the Grantee has, except for military service leave, sick leave or other bona fide leave of absence (such as temporary employment by the United States Government) been in the continuous employ of the Company or a parent or subsidiary thereof, except that such period of three (3) months shall be one (1) year following any termination of the Grantee's employment by reason of his permanent and total disability.

  • Termination of Employment Agreement Employee and Company hereby acknowledge and agree that the Employment Agreement is hereby terminated and of no further force and effect and except as otherwise set forth herein, Employee shall not be entitled to any payment in the nature of severance, Change of Control or termination pay from the Company, and that the terms set forth herein is in full satisfaction of all obligations owed to Employee.

  • Termination of Employment Change of Control (a) For purposes of the grant hereunder, any transfer of employment by the Grantee among the Company and its Subsidiaries shall not be considered a termination of employment. Any change in employment that does not constitute a “separation from service” within the meaning of Section 1.409A-1(h) of the Treasury Regulations (or any successor provision) shall not be considered a termination of employment. Any change in employment that does constitute a “separation from service” within the meaning of Section 1.409A-1(h) of the Treasury Regulations (or any successor provision) shall be considered a termination of employment. (b) If the Grantee dies or terminates employment due to Disability (as defined in the last Section hereof), all RSUs shall immediately vest, be converted into shares of Common Stock and be distributed to the Grantee within 30 days of the date of such termination; provided, however, that if the Grantee is a “specified employee” within the meaning of Section 409A(a)(2)(B)(i) of the Internal Revenue Code of 1986, as amended (the “Code”) as of the date of such termination, all RSUs shall immediately vest but shall not be converted into shares of Common Stock and distributed to the Grantee until the earlier of (i) the date which is six months after the date of the Grantee’s termination of employment and (ii) the date of the Grantee’s death. If the Grantee’s employment with the Company terminates due to the Grantee’s Retirement (as defined in the last Section hereof), all RSUs shall continue to vest (and be converted into an equivalent number of shares of Common Stock that will be distributed to the Grantee) in accordance with Section 3 above. If the Grantee dies during the three year period immediately following the Retirement of the Grantee, then all RSUs shall immediately vest, be converted into shares of Common Stock and be distributed to the Grantee’s personal representative within 30 days of the date of such death. (c) Subject to Section 4(d), if the Grantee’s employment terminates for any reason other than death, Disability or Retirement, the Grantee shall forfeit all RSUs. (d) Notwithstanding any other provision contained herein or in the Plan, in the event of a Change in Control (as defined in the last Section hereof) or of the termination of this Agreement within twelve months of a complete liquidation or dissolution of the Company that is taxed under Section 331 of the Code, all RSUs shall immediately vest, be converted into shares of Common Stock and be distributed to the Grantee within 30 days of the date of such event or (in the event of a complete liquidation or dissolution of the Company) as soon as administratively practicable thereafter.

  • Termination of Employment; Change in Control (i) For purposes of the grant hereunder, any transfer of employment by the Optionee among the Corporation and the Subsidiaries shall not be considered a termination of employment. Except as set forth below in this Section 4(c)(i), if the Optionee's employment with the Corporation shall terminate for any reason, (a) the Option (to the extent then vested) may be exercised at any time within ninety (90) days after such termination (but not beyond the Term of the Option) and (b) the Option, to the extent not then vested, shall immediately expire upon such termination. Notwithstanding the foregoing, (a) if the Optionee's employment with the Corporation is terminated for Cause (as defined in the last Section hereof), the Option, whether or not then vested, shall be automatically terminated as of the date of such termination of employment, (b) if the Optionee's employment terminates by reason of Retirement, the termination of the Optionee's employment by the Company other than for Cause, or the termination of the Optionee's employment by the Optionee for Good Reason (as defined in the last Section hereof), the Option shall remain exercisable for three years from the date of such termination of employment (but not beyond the Term of the Option) and (c) if the Optionee dies or becomes Disabled (A) while employed by the Corporation or (B) within 90 days after the termination of his or her employment (other than a termination described in clause (a) or (b) of this sentence), the Option may be exercised at any time within one year after the Optionee's death or Disability (but not beyond the Term of the Option). (ii) If the Optionee's employment terminates by reason of death, Disability, Retirement, the termination of the Optionee's employment by the Company other than for Cause, or the termination of the Optionee's employment by the Optionee for Good Reason, the Option shall become fully and immediately vested and exercisable. In the event of a Change in Control (as defined in the last Section hereof), the Option shall immediately become fully vested and exercisable.

  • Security of Employment 15.1 The Employer is committed to maintaining a stable and skilled workforce, recognising its contribution to the operation of the Employer. Subject to the terms of this Agreement, daily hire (and weekly hire for mechanical plant operators) employment is the preferred type of employment under this Agreement. 15.2 The Employer will take all measures to achieve employment security for the daily hire Employees (and weekly hire for mechanical plant Employees) of the Employer. 15.3 The Employer agrees that it is highly important that work is performed effectively, efficiently and without undue pressure or bullying, and in a way that promotes Occupational Health & Safety and Equal Opportunity principles and practices in the workplace and appropriate representation of Employees should they so request. The Employer will ensure that its employment practices are consistent with the above principles and practices.

  • TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 15 General 16 Employees on Daily Hire 17 Casual Employees 18 Employer and Employee Duties 19 Apprentices 20 Sham Contracting 21 Termination of Employment 22 Redundancy 23 Payment of Wages and Time Records 24 Superannuation 25 Insurance 26 Insurance – Minimum Cover / Minimum Benefits 27 Insurance – Employer Liability 28 Accident Makeup Pay 29 Compensation of Tools of Trade and Clothes 30 Application of Site Agreements / Inductions and off the job training / Local Labour – Visa Requirements 31 Hours of Work 32 Presenting for Work but Not Required 33 Overtime 34 Call Back

  • Termination of Employment Following a Change in Control (a) If this Agreement shall be terminated within two years after a Change in Control which occurs during the term of this Agreement, provided such termination is by the Executive for Good Reason or by the Company Without Cause (which includes delivery by the Company of a notice of nonrenewal of this Agreement pursuant to Section 3 hereof), in lieu of any obligation the Company may have pursuant to Section 6.3 hereof: (1) The Company shall pay to the Executive in a lump sum in cash within five (5) days after the Date of Termination, if not theretofore paid, the Executive's Base Salary (as in effect on the Date of Termination) through the Date of Termination, and in the case of compensation previously deferred and bonuses previously earned by the Executive, all amounts of such compensation previously deferred and earned and not yet paid by the Company. (2) The Company shall, promptly upon submission by the Executive of supporting documentation, pay or reimburse to the Executive any costs and expenses paid or incurred by the Executive which would have been payable under Section 4.6 hereof if the Executive's employment had not terminated. (3) The Company shall pay to the Executive in a lump sum in cash within five (5) days after the Date of Termination a severance payment equal to one and one-half (1.5) times the sum of (i) the Executive's Base Salary (as in effect on Date of Termination) and (ii) the Executive's most recent Annual Bonus. If the most recent Annual Bonus was a stock option or a stock grant, the value of the bonus will be deemed to be the number of option shares times the closing price of the Common Stock for the 20 trading days prior to the Date of Termination. (4) During the 18-month period commencing on the Date of Termination, the Company shall continue benefits (other than disability benefits), at the Company's expense to the Executive and/or the Executive's family at least equal to those which would have been provided to them under Section 4.5 hereof if the Executive's employment had not been terminated (without giving effect to any reduction in such benefits subsequent to the Change in Control which reduction constitutes or may constitute Good Reason). (b) The Company shall pay to the Executive all legal fees and expenses incurred by the Executive as a result of a termination which entitles the Executive to any payments under Section 6.4 hereof including all such fees and expenses, if any, incurred in contesting or disputing any Notice of Termination under Section 5.3 hereof or in seeking to obtain or enforce any right or benefit provided by Section 6.4 hereof. Such payments shall be made within five (5) days after delivery of the Executive's respective written requests for payment accompanied by such evidence of fees and expenses incurred as the Company reasonably may require. (c) Any determination by the Executive pursuant to this Section 6.4 that Good Reason exists for the Executive's termination of employment and that adequate remedy has not occurred shall be presumed correct and shall govern unless the party contesting the determination shows by a clear preponderance of the evidence that it was not a good faith reasonable determination. (d) Notwithstanding any dispute concerning whether Good Reason exists for termination of employment or whether adequate remedy has occurred, the Company shall immediately pay to the Executive any amounts otherwise due under this Section 6.4. The Executive may be required to repay such amounts to the Company if any such dispute is finally determined adversely to the Executive. (e) The Executive shall not be required to mitigate damages with respect to the amount of any payment provided under this Section 6.4 by seeking other employment or otherwise, nor shall the amount of any payment provided under this Section 6.4 be reduced by retirement benefits, deferred compensation or any compensation earned by the Executive as a result of employment by another employer.

  • Termination of Employment Period The Agreement Term shall terminate upon the occurrence of any of the following:

  • End of Employment If the employment of an employee who is eligible for the bonus ends before annual payment of the bonus, then 1/12 of the sum that was last paid to the employee in seniority bonus shall be paid to the employee at the time of the final wage payment for each month for which the employee has earned annual holiday as of the start of the preceding December.

  • Termination of Employment Relationship A casual employee who has not been called to report for work, or who has been unavailable for work for twelve (12) months, notwithstanding Article 39.03(b), shall cease to be an employee.

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