Common use of Distant Workers Clause in Contracts

Distant Workers. 8.3.1. Prior to commencing employment under this Agreement, the Employer shall determine whether the Employee shall is correctly defined as a "distant worker" or "local worker". The Employer is entitled to request such information as is necessary to make this determination. The appropriate definition shall be shown on the Employer’s records when the Employee completes the Application Format the pre-­‐employment interview or equivalent. 8.3.2. In determining "usual place of residence" the Employer shall obtain, and the applicant for employment shall provide a statement in writing of residence, at the time of engagement, provided that documentary evidence of the applicant’s usual place of residence, such as a motor driver’s licence may be provided and accepted in lieu of the statement in writing. 8.3.3. The Employee’s usual place of residence and not the place of employment shall determine the applicability of this clause. 8.3.4. An Employee shall notify the Employer in writing of any subsequent change to their usual place of residence. Any subsequent change of to their usual place of residence shall not entitle a local worker to be reclassified as a distant worker unless the Employer agrees. Where such a change results in the Employee no longer falling within the definition of a distant worker, that Employee shall cease to have an entitlement to receiving the related allowance. 8.3.5. The Employer shall not, under any circumstances, attempt to persuade or induce applicants for employment to provide a local address as the usual place of residence in an effort to avoid the Employer’s obligations under this clause. 8.3.6. It shall be sufficient grounds for termination that an Employee provides false and/or misleading information as to their place of residence.