Common use of Employee Protection Provision Clause in Contracts

Employee Protection Provision. Where the employer is contracting out, selling or transferring all or part of the business, including the part of the business where an employee is employed, the following provisions will apply: (i) Where practicable, the employee/s will be consulted about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. The parties acknowledge that it will generally be practicable to consult. (ii) 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/s employment on the same or similar terms and conditions and recognising service as continuous. The employee/s 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. (iii) The employee/s is/are 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/s employment in terms of (ii) above, no redundancy situation will arise, and the employee/s will not be entitled to receive redundancy compensation, whether or not the employee/s chooses to accept the offer of employment. (iv) In the event that the contractor/service provider is not prepared to offer the employee/s employment in terms of (ii) above, or offers employment on lesser terms and conditions and/or without recognition of the employee/'s’ service, the employee/s will be entitled to the provisions of clause 37 as they would otherwise apply. (v) If the employee’s employment will end by reason of redundancy, the employee is entitled to approach the employer, either individually or as part of a group, and/or with a representative at the employee’s election, to discuss other ways in which the employee feels the employer may be of assistance during the notice period (e.g. time off for interviews, EAP services, assistance with CV preparation and outplacement). (vi) The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Employee Protection Provision. Where the employer Employer is contracting out, selling or transferring all or part of the business, including the part of the business where an employee is permanent Employees covered by this Agreement are employed, the following provisions will applyapply in addition to the provisions in clauses 47.1: (i) Where practicable, the employee/s a. The Employees and Unions will be consulted about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. The parties acknowledge that it will generally be practicable to consult. (ii) b. If the employer 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/s affected permanent Employees employment on the same or similar terms and conditions and recognising recognise service as continuous. . c. The employee/s permanent Employees will be advised of timeframes for such negotiation and/or negotiation, and for the acceptance of any offer of employment and/or or of any application and interview process, in a timely manneras soon as possible. (iii) The employee/s is/d. Affected permanent Employees are entitled to choose whether or not to accept employment with the contractor/service provider. In the event that . e. If the contractor/service provider offers the employee/s a permanent Employee employment in terms of subclause (iib) above, no redundancy situation will arise, and the employee/s will not be entitled to receive redundancy compensation, whether or not the employee/s Employee chooses to accept the offer of employment. (iv) f. In the event that the contractor/service provider is not prepared to offer the employee/s a permanent Employee employment in terms of subclause (iib) above, or offers employment on lesser terms and conditions and/or without recognition of the employee/'s’ Employee's service, the employee/s Employee will receive notice of termination as specified in sub clause 47.1. g. In the case of a casual or temporary Employee, the Employer will keep the casual or temporary Employee informed of developments and discuss with the potential new employer whether casual or temporary employees will be entitled taken on by the potential new employer. A casual or Updated clause number due to numbering changes employment with a potential new employer as is any other Employee. h. In the case of an Employee who falls into one of the "specified categories of Employees" Part 6A of the Act, the provisions in Part 6A of clause 37 as they would otherwise apply. (v) If the employee’s employment Act will end by reason apply instead of redundancy, the employee is entitled to approach the employer, either individually or as part of a group, and/or with a representative at the employee’s election, to discuss other ways in which the employee feels the employer may be of assistance during the notice period (e.g. time off for interviews, EAP services, assistance with CV preparation and outplacement). (vi) The provisions contained in this clause shall not apply where the employer is in receivership or in liquidationsub-clause.

Employee Protection Provision. Where the employer is contracting out, selling or transferring all or part a) If restructuring occurs in accordance with Part 6A of the business, including Employment Relations Act (or if its equivalent) and the part employees affected are specified categories of employees as specified in Schedule 1A or 1B of the business where an employee Act, sub parts 1 and 2 of Part 6A of the Act will apply instead of the provisions above. Access Community Health agrees to advise the funder and any new employer (within the meaning of section 69D of the ERA) of the status of support workers as it pertains to the Employment Relations Act 2000 (ERA) as soon as a restructuring (within the meaning of section 69B of the ERA) is employedconfirmed. b) For employees who are not specified categories of employees as set out in Schedule 1A of the Act, the following provisions process will apply if Access Community Health decides to sell, transfer or contract out part or all of its business (restructure) and where, as a consequence of that decision, the work that an employee or employee covered by this agreement perform, or work that is substantially similar will be undertaken by employees of the new owner or contractor (the new entity). c) In the course of its negotiations with the new entity relating to the restructure, Access Community Health will discuss the likely impact of the proposed change with the affected employees and the union and determine whether it is possible for them to be transferred to the new entity on substantially the same terms of employment. d) At the time of restructure, the following process will apply: (i) i. Where practicablean employee accepts a transfer to the new entity on substantially the same terms and conditions of employment, no redundancy compensation will be payable. ii. Where an employee is not offered a transfer to the new entity on substantially the same terms of employment, the employee/s employment will be consulted about any proposal to sell all or part terminated on the grounds of redundancy and the business or to contract out or transfer work before a final decision is made. The parties acknowledge that it provisions of Clause 10.4 of this agreement will generally be practicable to consultapply. (ii) If the employer decides to proceed with the proposed restructure, it will negotiate iii. Where an employee is offered a position with the new contractor/service provider with a view to endeavouring to have the new employer offer the employee/s employment entity on substantially the same or similar terms and conditions and recognising service as continuous. The employee/s 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. (iii) The employee/s is/are entitled to choose whether or and elects not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee/s employment in terms of (ii) above, no redundancy situation will arise, and the employee/s will not be entitled to receive redundancy compensation, whether or not the employee/s chooses to accept the offer of employment. (iv) In the event that the contractor/service provider is not prepared to offer the employee/s employment in terms of (ii) above, or offers employment on lesser terms and conditions and/or without recognition of the employee/'s’ service, the employee/s will be entitled to the provisions of clause 37 as they would otherwise apply. (v) If the employee’s employment will end by reason of redundancyoffer, the employee is entitled to approach the employer, either individually will receive two weeks’ notice of termination or as part of a group, and/or with a representative at the employee’s election, to discuss other ways payment in which the employee feels the employer may lieu thereof. No redundancy compensation will be of assistance during the notice period (e.g. time off for interviews, EAP services, assistance with CV preparation and outplacement)payable. (vi) The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Employee Protection Provision. Where (EMPLOYMENT RELATIONS ACT 2000 AND AMENDMENT ACT NO 2) – VULNERABLE EMPLOYEES (CAREGIVERS, DOMESTIC AIDS, KITCHEN HANDS) 36.1. This clause applies to employees who are defined in Schedule 1A of the employer Employment Relations Act 2000. 36.2. For the purposes of this clause a "Restructuring" is contracting out, selling where the Employer has entered into a contract or transferring all arrangement under which its business (or part of the it) is to be undertaken by another person or business, including or where the part of Employer terminates such a contract or arrangement and the work is to be carried out by another person, or where the Employer's business where an employee is employed, the following provisions will apply: (i) Where practicable, the employee/s will be consulted about any proposal to sell all or part of it) is to be sold or transferred to another person or business (other than in the business or to contract out or transfer work before a final decision is madecircumstances excluded by section 69B of the Employment Relations Amendment Act). 36.3. The parties acknowledge that it phrase "New Employer" means the person who the contract or business will generally be practicable to consulttransferred to. (ii) 36.4. Before a Restructuring takes place, all affected employees will be able to decide, within a reasonable timeframe specified by the Employer, whether or not they wish to transfer to the New Employer. 36.5. If an employee wishes to transfer to the employer decides New Employer, that employee will become an employee of the New Employer from a date to proceed with be agreed between themselves and the proposed restructureEmployer, it will negotiate with or from when the new contractor/service provider with a view to endeavouring to have the new employer offer the employee/s employment on the same or similar Restructuring takes effect. From that date, their terms and conditions and recognising of employment as contained in this Agreement will continue to apply, their previous service as continuous. The employee/s to the Employer will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application processrecognised, in a timely mannerand they will not be redundant. (iii) The employee/s is/are entitled 36.6. If an employee does not wish to transfer to the New Employer, they may freely choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee/s employment in terms of (ii) abovedo so, no redundancy situation will arise, and the employee/s they will not be entitled to receive redundancy compensation, whether notice or not compensation and the employee/s chooses Employer will have no obligation to accept the offer of employmentfind them an alternative role. (iv) In 36.7. Where contracting out is being considered, the event Employer shall consult the Unions about proposals on contracting out, including discussing and agreeing on options available to affected employees. 36.8. Where contracting out or Restructuring is being considered, the Employer shall make best endeavours to ensure that the contractor/service provider is not prepared to offer the employee/s employment in terms of (ii) above, or offers all employees covered by this agreement are offered employment on lesser no less than their existing terms and conditions and/or without recognition of and with continuous service by the employee/'s’ service, the employee/s will be entitled to the provisions of clause 37 as they would otherwise applyincoming service provider or New Employer. (v) If the employee’s employment will end by reason of redundancy, the employee is entitled to approach the employer, either individually or as part of a group, and/or with a representative at the employee’s election, to discuss other ways in which the employee feels the employer may be of assistance during the notice period (e.g. time off for interviews, EAP services, assistance with CV preparation and outplacement). (vi) The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Employee Protection Provision. Where (EMPLOYMENT RELATIONS ACT 2000 AND AMENDMENT ACT NO 2) – VULNERABLE EMPLOYEES (CAREGIVERS, DOMESTIC AIDS, KITCHEN HANDS) 36.1. This clause applies to employees who are defined in Schedule 1A of the employer Employment Relations Act 2000. 36.2. For the purposes of this clause a "Restructuring" is contracting out, selling where the Employer has entered into a contract or transferring all arrangement under which its business (or part of the it) is to be undertaken by another person or business, including or where the part of Employer terminates such a contract or arrangement and the work is to be carried out by another person, or where the Employer's business where an employee is employed, the following provisions will apply: (i) Where practicable, the employee/s will be consulted about any proposal to sell all or part of it) is to be sold or transferred to another person or business (other than in the business or to contract out or transfer work before a final decision is madecircumstances excluded by section 69B of the Employment Relations Amendment Act). 36.3. The parties acknowledge that it phrase "New Employer" means the person who the contract or business will generally be practicable to consulttransferred to. (ii) 36.4. Before a Restructuring takes place all affected employees will be able to decide, within a reasonable timeframe specified by the Employer, whether or not they wish to transfer to the New Employer. 36.5. If an employee wishes to transfer to the employer decides New Employer, that employee will become an employee of the New Employer from a date to proceed with be agreed between themselves and the proposed restructureEmployer, it will negotiate with or from when the new contractor/service provider with a view to endeavouring to have the new employer offer the employee/s employment on the same or similar Restructuring takes effect. From that date, their terms and conditions and recognising of employment as contained in this Agreement will continue to apply, their previous service as continuous. The employee/s to the Employer will be advised of timeframes for such negotiation and/or for the acceptance of any offer of employment and/or of any application processrecognised, in a timely mannerand they will not be redundant. (iii) The employee/s is/are entitled 36.6. If an employee does not wish to transfer to the New Employer, they may freely choose whether or not to accept employment with the contractor/service provider. In the event that the contractor/service provider offers the employee/s employment in terms of (ii) abovedo so, no redundancy situation will arise, and the employee/s they will not be entitled to receive redundancy compensation, whether notice or not compensation and the employee/s chooses Employer will have no obligation to accept the offer of employmentfind them an alternative role. (iv) In 36.7. Where contracting out is being considered, the event Employer shall consult the Unions about proposals on contracting out, including discussing and agreeing on options available to affected employees. 36.8. Where contracting out or Restructuring is being considered, the Employer shall make best endeavours to ensure that the contractor/service provider is not prepared to offer the employee/s employment in terms of (ii) above, or offers all employees covered by this agreement are offered employment on lesser no less than their existing terms and conditions and/or without recognition of and with continuous service by the employee/'s’ service, the employee/s will be entitled to the provisions of clause 37 as they would otherwise applyincoming service provider or New Employer. (v) If the employee’s employment will end by reason of redundancy, the employee is entitled to approach the employer, either individually or as part of a group, and/or with a representative at the employee’s election, to discuss other ways in which the employee feels the employer may be of assistance during the notice period (e.g. time off for interviews, EAP services, assistance with CV preparation and outplacement). (vi) The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.

Employee Protection Provision. 9.2.1 For the purposes of this clause “restructuring” and “new employer” shall have the meanings set out in section 69OI of the Employment Relations Xxx 0000. 9.2.2 Where the employer Office restructures or proposes to restructure and as a result an Employee is, or will be no longer be, required by the Office to perform the work performed by the Employee and the type of work performed by the Employee (or work that is contracting outsubstantially similar) is, selling or transferring all or part is to be, performed by employees of the business, including the part of the business where an employee is employed, the following provisions will applynew employer: (ia) Where practicable, the employee/s will be consulted about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. The parties acknowledge that it will generally be practicable to consult. (ii) If the employer decides to proceed with the proposed restructure, it Office will negotiate with the new contractor/service provider with a view to endeavouring to have employer about whether the new employer will offer the employee/s employment Employee the opportunity to transfer to the new employer on the same or similar terms and conditions of employment; and (b) the Office will advise the Employee of the existence of such negotiations prior to or at the time the negotiations take place. 9.2.3 Where the new employer offers the Employee the opportunity to transfer to the new employer on terms and recognising service as continuous. The employee/s will be advised of timeframes for such negotiation and/or for the acceptance of any offer conditions of employment and/or that are the same or no less favourable than the Employee’s existing terms and conditions of any application process, in a timely manner. (iii) The employee/s is/are entitled to choose whether or not to accept employment with the contractor/service provider. In Office: (a) the event Employee may choose to transfer or not transfer to the new employer; and (b) the Employee shall have no entitlement to be paid any severance or redundancy compensation by the Office, whether the employee chooses to transfer to the new employer or not; and (c) if the Employee chooses to transfer to the new employer, the Employee has no entitlement to notice of termination of employment with the Office (or to payment of salary in lieu thereof) under this agreement. 9.2.4 Where the new employer does not offer the Employee the opportunity to transfer to the new employer on terms and conditions of employment that are the contractor/service provider offers same or no less favourable than the employee/s Employee’s existing terms and conditions of employment in terms of (ii) abovewith the Office, no redundancy situation will arise, and the employee/s will not Employee shall be entitled to receive redundancy compensation, whether or not the employee/s chooses to accept the offer of employment. (iv) In the event that the contractor/service provider is not prepared to offer the employee/s employment a severance payment in terms of (ii) above, or offers employment on lesser terms and conditions and/or without recognition of the employee/'s’ service, the employee/s will be entitled to accordance with the provisions of clause 37 as they would otherwise applythis agreement. (v) If the employee’s employment will end by reason of redundancy, the employee is entitled to approach the employer, either individually or as part of a group, and/or with a representative at the employee’s election, to discuss other ways in which the employee feels the employer may be of assistance during the notice period (e.g. time off for interviews, EAP services, assistance with CV preparation and outplacement). (vi) The provisions contained in this clause shall not apply where the employer is in receivership or in liquidation.