Employee Considerations Clause Samples
The Employee Considerations clause outlines the obligations and responsibilities related to employees in the context of a business transaction, such as a merger or acquisition. It typically addresses matters like the transfer or retention of employees, the handling of employee benefits, and compliance with labor laws. For example, it may specify whether employees will be offered continued employment, how accrued vacation or severance will be handled, or require notification to employees about changes. The core function of this clause is to ensure a smooth transition for employees and to clarify the parties' duties, thereby minimizing legal and operational risks associated with workforce changes.
Employee Considerations. (a) With respect to all employees of Seller affiliated with the Branch ("Employees"), as soon as reasonably practicable after the date hereof, and in any event within three (3) days after the date hereof, Seller shall provide notice to (the "Notification") to each Employee that the Seller and Buyer have entered into an agreement with respect to the Buyer's acquisition of the Branch. Seller shall also furnish to Buyer within the designated time period a schedule containing the name of each Employee, such Employee's salary and benefits, and a synopsis of each Employee's tenure with Seller and other information relevant to such Employee. Seller shall inform Buyer of the date of the Notification, and shall, with the Employee's consent, provide Buyer with an opportunity within five (5) business days before the Closing to inspect Seller's records with respect to the Employees and visit with the Employees for the purpose of discussing an offer of employment with each Employee as of the Closing.
(b) Seller shall pay any and all costs (including without limitation, severance pay and accrued vacation pay) associated with the termination of any Employee who chooses not to accept employment with Buyer.
(c) Buyer and Seller shall coordinate all communications of employment offers to, or plans to terminate, Employees in the Branch; provided, however, this paragraph shall not be construed to require Buyer and Seller to act jointly at any time; and further provided that Buyer will not advise any such employee that such employee will not be hired by Buyer prior to five (5) business days before the Closing Date.
(d) All Employees may be treated by Buyer as "new hires" for all purposes. Except as otherwise provided herein, Buyer shall not be obligated to make any contribution to any plan or program on behalf of any of such employees, or to otherwise provide any compensation or benefits to any of such employees with respect to any period prior to the Closing. It is further provided that Buyer shall not be liable for any claims of any Employees or other employees of the Branch that any of them may have against Seller and Seller shall hold Buyer harmless from any such claims.
(e) Nothing in this Section or this Agreement on a whole is intended, nor shall it be construed, to confer any rights or benefits upon any person other than Buyer and Seller or to imply that the Buyer is a successor to the Seller so far as any federal employment regulations are concerned.
(f) Seller agrees...
Employee Considerations. 18 2.5 Loans......................................................................................22
Employee Considerations. To participate in a flexiplace program, the employee’s past performance and conduct must demonstrate the level of reliability, independence, responsibility, and trustworthiness necessary for successful performance away from the official workplace and on-site supervision.
Employee Considerations. If the associate dentist is worried about a wrongful termination claim or any other claim against the dental practice, then litigation is not recommended because the associate dentist will be required to pay litigation fees out of pocket (which will be a long time). Additionally, associate dentist’s generally want a jury trial because juries are generally more sympathetic to employees.
Employee Considerations. The associate dentist will be prohibited from hiring the dental practice’s employees or providing services to the dental practice’s patients at the end of the employment relationship.
Employee Considerations. All Employees of Seller shall be terminated on or before the Closing Date at the expense of Seller. Following the Closing Date or at such other time as may be agreed upon by the parties, Buyer will in good faith interview the Employees for consideration as employees of Buyer.
Employee Considerations. The employee must request this leave in advance and at that time arrange to have money deposited in a trust account that will provide income during the leave. Approved leaves must be set up for processing internally at least 4 months before the deferral begins. • When operational circumstances permit, such leave may be approved on more than one occasion. It is mutually exclusive of other types of leave such as that for family-related needs or education. • The employee may request in writing a change to the amount of salary deferred. Such a request would have to be received at least four months before the date on which the change is requested and not later than six months before the date the leave is due to begin. • Payroll will deduct funds and transfer them to the trust account established for the employee at the financial institution. The trust account will generate interest that the financial institution must pay annually to the employee. The employee is then responsible for reporting this interest in his or her annual income tax return. • An employee may, no later than six months before the planned leave date, request in writing a change to the duration of the leave if the leave period requested remains between 6 and 12 months. • Because of the financial implications for the employee, denying leave after the maximum six-year deferral period or recalling an employee from leave requires a manager to obtain the prior written authorization of the President. If an employee is recalled to work before the end of an approved period of SFDL, the Employer will normally reimburse the employee for all necessary and reasonable expenses incurred as a result of being called back. • When the employee’s trust agreement matures, the financial institution is to release the money to an account to which the employee has access, without further Employer involvement, no later than the end of the first taxation year that begins after the end of the deferral period. The employee arranges the manner of payment directly with the financial institution. When the funds are released to the employee, a deduction will be made at source for income tax and other statutory purposes. • All amounts held for the employee's benefit in the trust account, must be paid to the employee. − Income Tax Act and Regulations − Ontario (Ontario Income Tax Act) − Canada (Canada Income Tax Act) − Public Service Superannuation Act (Public Service Superannuation Act) − Code of Ethics and Business Conduct (...
Employee Considerations. 6 ----------------------- ARTICLE 5 REPRESENTATIONS AND WARRANTIES.................................... 9 5.1 Seller's Representations..................................... 9 ------------------------ 5.2 Purchaser's Representations.................................. 12 --------------------------- ARTICLE 6
Employee Considerations. The associate dentist is relinquishing the right to adjudication by a judge or jury and the right to appeal an adverse decision. If the employee believes that. If the associate dentist is worried about a wrongful termination claim or any other claim against the dental practice, then arbitration will provide a fair and quick resolution.
Employee Considerations. As employees review the eligibility criteria to request a WFH Agreement there are a few considerations that may help determine if the WFH Program could be feasible for their role, including: ● Does the work I perform require me to collaborate in person with my coworkers, supervisor, and/or clients on a regular basis? ● How would I ensure I am accessible to clients? ● Am I willing to adjust my schedule and come into the office on a regularly scheduled home office day if required? ● Does my work require me to use systems (non-computer) and/or resources that are only accessible from a university worksite? ● Does my home work location allow for university assets such as equipment and documents to be securely stored? ● Does my home work location meet Health and Safety standards and allow for confidential conversations to occur as required? Program Intake The intake of Phase 1 applications for the program is expected to begin in November 2021 with a review of applications to take place through January 2022. Phase 1 Applicants will be advised of decisions in January 2022 with formal WFH Agreements to begin in February 2022. Additional employee groups will be considered for inclusion in March 2022. These initial timelines will be subject to adjustment at the university's discretion depending on the number and complexity of the applications and surrounding circumstances. After the outlined intake process, applications may be submitted to a manager/supervisor at any time, and considered thereafter.