Employee Protection Provision a) Where the employer is contracting out, selling or transferring all or part of the business, including the part of the business where the employee is employed, the following provisions will apply:
Employee Protection Provision. F.9.1 In any case of restructuring, as defined in the Employment Relations Amendment Act (No 2) 2004, i.e. where the business (or part of it) is sold or transferred or contracted out to another person, the employer will notify the affected employees and their representative(s) that restructuring is a possibility as soon as is practicable, subject to requirements to protect commercially sensitive information. The employer will enter into a process of consultation with affected employees and their representative(s) prior to any final decisions being made.
Employee Protection Provision. 4.9.1 The purpose of this provision is to provide protection for the employment of the affected Employee if the Employer’s business is restructured.
Employee Protection Provision. 18.1 In the event of a Restructuring, as defined in the Employment Relations Act (being the sale, transfer, or contracting out of all or part of the business), that may affect Your employment, the Employer will:
Employee Protection Provision a) Where Employees are terminated due to the sale; contracting out or transfer of the whole or part of the business of the Employer and the Employee is offered employment of a similar nature with the transferor of the business or the contractor, the Employee shall not be deemed to have been made redundant.
Employee Protection Provision. (EMPLOYMENT RELATIONS ACT 2000 AND AMENDMENT ACT NO 2) – OTHER EMPLOYEES
Employee Protection Provision. In this clause:
Employee Protection Provision. If we enter into negotiations for the transfer of all or part of our business (including an agreement to sell, transfer or contract out part of our business) and if that transfer would result in your position being made redundant, we will, where reasonably practicable, request that the person acquiring the business employ you on the same or similar conditions, and agree to treat your employment as continuous. Where possible, you will be consulted about any proposed transfer prior to any final decision being made. If the person acquiring the business wishes to employ you, we will do our best to ensure that the offer and the details of the transfer process are communicated to you within a reasonable timeframe. If the person acquiring the business does not wish to employ you, or if you do not wish to accept an offer from that person, we will meet with you, also within a reasonable timeframe, to discuss your entitlements and options under this agreement.
Employee Protection Provision. The parties agree that this section meets the requirements of Part A subpart 3 of the Employment Relations Act, and in particular section 69OJ of subpart 3. Attention is also drawn to Schedule 1B “Code of good faith for public health sector”, and in particular clauses 19, 20 and 21 of the Code.
Employee Protection Provision. Where employees are terminated due to the sale; contracting out or transfer of the whole or part of the business of the employer and the employee is offered employment of a similar nature with the transferor of the business or the contractor, the employee shall not be deemed to have been made redundant. The employer shall endeavour to provide in the sale and purchase agreement provision for employees’ continuity of service with the purchaser. In the absence of such provision the employer shall notify the employees affected by the sale, transfer or contracting out of the whole or part of the business in accordance with this clause. No claim for compensation may be made against the employer.
