Common use of Employee Protection Provision Clause in Contracts

Employee Protection Provision. 30.1 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: 30.1.1 The employer shall endeavour to consult the employee about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. 30.1.2 If the employer decides to proceed with the proposed restructure, it will negotiate with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee employment on the same or substantially similar terms and conditions including location, and recognising service as continuous. The employee will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application process, in a timely manner. 30.1.3 The employee is entitled to choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee employment in terms of 30.1.2 above, no redundancy situation will arise, and the employee will not be entitled to receive redundancy compensation or additional notice as specified in 29.5 above, whether or not the employee chooses to accept the offer of employment. The employee will be entitled to notice of termination with the employer as specified in this clause. 30.1.4 In the event that the contractor/service provider is not prepared to offer the employee employment in terms of 30.1.2 above, the employee will be entitled to notice of termination as specified in clause 39.1 and will remain entitled to the provisions of 29.5. 30.2 The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Appears in 4 contracts

Samples: Primary Health Care Multi Employer Collective Agreement, Primary Health Care Multi Employer Collective Agreement, Multi Employer Collective Agreement

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Employee Protection Provision. 30.1 29.1 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: 30.1.1 29.1.1 The employer shall endeavour to consult the employee about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. 30.1.2 29.1.2 If the employer decides to proceed with the proposed restructure, it will negotiate with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee employment on the same or substantially similar terms and conditions including location, and recognising service as continuous. The employee will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application process, in a timely manner. 30.1.3 29.1.3 The employee is entitled to choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee employment in terms of 30.1.2 29.1.2 above, no redundancy situation will arise, and the employee will not be entitled to receive redundancy compensation or additional notice as specified in 29.5 28.5 above, whether or not the employee chooses to accept the offer of employment. The employee will be entitled to notice of termination with the employer as specified in this clause. 30.1.4 29.1.4 In the event that the contractor/service provider is not prepared to offer the employee employment in terms of 30.1.2 29.1.2 above, the employee will be entitled to notice of termination as specified in clause 39.1 38.1 and will remain entitled to the provisions of 29.528.5. 30.2 29.2 The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Appears in 2 contracts

Samples: Multi Employer Collective Agreement, Multi Employer Collective Agreement

Employee Protection Provision. 30.1 27.1 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: 30.1.1 27.1.1 The employer shall endeavour to consult the employee about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. 30.1.2 27.1.2 If the employer decides to proceed with the proposed restructure, it will negotiate with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee employment on the same or substantially similar terms and conditions including location, and recognising service as continuous. The employee will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application process, in a timely manner. 30.1.3 27.1.3 The employee is entitled to choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee employment in terms of 30.1.2 27. 1.2 above, no redundancy situation will arise, and the employee will not be entitled to receive redundancy compensation or additional notice as specified in 29.5 26.1 above, whether or not the employee chooses to accept the offer of employment. The employee will be entitled to notice of termination with the employer as specified in this clause. 30.1.4 In the event that the contractor/service provider is not prepared to offer the employee employment in terms of 30.1.2 above, the employee will be entitled to notice of termination as specified in clause 39.1 and will remain entitled to the provisions of 29.5. 30.2 The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Appears in 1 contract

Samples: Collective Agreement

Employee Protection Provision. 30.1 ‌ 42.1 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: 30.1.1 42.1.1 The employer shall endeavour to consult the employee about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. 30.1.2 42.1.2 If the employer decides to proceed with the proposed restructure, it will negotiate with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee employment on the same or substantially similar terms and conditions including location, and recognising service as continuous. The employee will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application process, in a timely manner. 30.1.3 42.2 The employee is entitled to choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee employment in terms of 30.1.2 42.1.2 above, no redundancy situation will arise, and the employee will not be entitled to receive redundancy compensation or additional notice as specified in 29.5 abovenotice, whether or not the employee chooses to accept the offer of employment. The employee will be entitled to notice of termination with the employer as specified in this clause. 30.1.4 42.3 In the event that the contractor/service provider is not prepared to offer the employee employment in terms of 30.1.2 42.1.2 above, the employee will be entitled to notice of termination as specified in clause 39.1 and will remain entitled to the provisions of 29.544.1. 30.2 42.4 The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Appears in 1 contract

Samples: Nurses Collective Employment Agreement

Employee Protection Provision. 30.1 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: 30.1.1 The employer shall endeavour to consult the employee about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. 30.1.2 If the employer decides to proceed with the proposed restructure, it will negotiate with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee employment on the same or substantially similar terms and conditions including location, and recognising service as continuous. The employee will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application process, in a timely manner. 30.1.3 The employee is entitled to choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee employment in terms of 30.1.2 29.1.2 above, no redundancy situation will arise, and the employee will not be entitled to receive redundancy compensation or additional notice as specified in 29.5 28.5 above, whether or not the employee chooses to accept the offer of employment. The employee will be entitled to notice of termination with the employer as specified in this clause. 30.1.4 In the event that the contractor/service provider is not prepared to offer the employee employment in terms of 30.1.2 29.1.2 above, the employee will be entitled to notice of termination as specified in clause 39.1 38.1 and will remain entitled to the provisions of 29.528.5. 30.2 The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Appears in 1 contract

Samples: Primary Health Care Multi Employer Collective Agreement

Employee Protection Provision. 30.1 28.1 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: 30.1.1 28.1.1 The employer shall endeavour to consult the employee about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. 30.1.2 28.1.2 If the employer decides to proceed with the proposed restructure, it will negotiate with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee employment on the same or substantially similar terms and conditions including location, and recognising service as continuous. The employee will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application process, in a timely manner. 30.1.3 28.1.3 The employee is entitled to choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee employment in terms of 30.1.2 above, no redundancy situation will arise, and the employee will not be entitled to receive redundancy compensation or additional notice as specified in 29.5 above, whether or not the employee chooses to accept the offer of employment. The employee will be entitled to notice of termination with the employer as specified in this clause. 30.1.4 28.1.4 In the event that the contractor/service provider is not prepared to offer the employee employment in terms of 30.1.2 above, the employee will be entitled to notice of termination as specified in clause 39.1 30.1 and will remain entitled to the provisions of 29.5. 30.2 28.2 The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Appears in 1 contract

Samples: Collective Agreement

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Employee Protection Provision. 30.1 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: 30.1.1 The employer shall endeavour to consult the employee about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. 30.1.2 If the employer decides to proceed with the proposed restructure, it will negotiate with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee employment on the same or substantially similar terms and conditions including location, and recognising service as continuous. The employee will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application process, in a timely manner. 30.1.3 The employee is entitled to choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee employment in terms of 30.1.2 3029. 1.2 above, no redundancy situation will arise, and the employee will not be entitled to receive redundancy compensation or additional notice as specified in 29.5 298.5 above, whether or not the employee chooses to accept the offer of employment. The employee will be entitled to notice of termination with the employer as specified in this clause. 30.1.4 In the event that the contractor/service provider is not prepared to offer the employee employment in terms of 30.1.2 above, the employee will be entitled to notice of termination as specified in clause 39.1 and will remain entitled to the provisions of 29.5. 30.2 The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Appears in 1 contract

Samples: Multi Employer Collective Agreement

Employee Protection Provision. 30.1 32.1. 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: 30.1.1 32.1.1. The employer shall endeavour to consult the employee about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. 30.1.2 32.1.2. If the employer decides to proceed with the proposed restructure, it will negotiate with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee employment on the same or substantially similar terms and conditions including location, and recognising service as continuous. The employee will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application process, in a timely manner. 30.1.3 32.1.3. The employee is entitled to choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee employment in terms of 30.1.2 32.1.2 above, no redundancy situation will arise, and the employee will not be entitled to receive redundancy compensation or additional notice as specified in 29.5 clause 30 above, whether or not the employee chooses to accept the offer of employment. The employee will be entitled to notice of termination with the employer as specified in this clause. 30.1.4 32.1.4. In the event that the contractor/service provider is not prepared to offer the employee employment in terms of 30.1.2 32.1.2 above, the employee will be entitled to notice of termination as specified in clause 39.1 29 and will remain entitled to the provisions of 29.5clause 30. 30.2 32.2. The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Appears in 1 contract

Samples: Collective Agreement

Employee Protection Provision. 30.1 29.1 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: 30.1.1 29.1.1 The employer shall endeavour to consult the employee about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. 30.1.2 29.1.2 If the employer decides to proceed with the proposed restructure, it will negotiate with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee employment on the same or substantially similar terms and conditions including location, and recognising service as continuous. The employee will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application process, in a timely manner. 30.1.3 29.1.3 The employee is entitled to choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee employment in terms of 30.1.2 28.1.2 above, no redundancy situation will arise, and the employee will not be entitled to receive redundancy compensation or additional notice as specified in 29.5 28.1 above, whether or not the employee chooses to accept the offer of employment. The employee will be entitled to notice of termination with the employer as specified in this clause. 30.1.4 29.1.4 In the event that the contractor/service provider is not prepared to offer the employee employment in terms of 30.1.2 28.1.2 above, the employee will be entitled to notice of termination as specified in clause 39.1 and will remain entitled to the provisions of 29.528.1. 30.2 29.2 The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Appears in 1 contract

Samples: Collective Agreement

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