Common use of Employee Protection Provision Clause in Contracts

Employee Protection Provision. (a) 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 that restructuring is a possibility as soon as is practicable, subject to requirements to protect commercially sensitive information. (b) In the course of negotiating a sale and purchase agreement or a transfer agreement or a contract for services the employer will: (i) endeavour to obtain employment for the affected employees (if practicable) with the new employer; and (ii) endeavour to obtain such employment on substantially the same terms and conditions of employment applying to the employee. (c) The employer will subsequently advise the affected employees as to whether employment opportunities exist with the new employer and, if so, the nature of those opportunities. (d) Where employment opportunities exist the employer will advise the affected employees of their right to accept or decline to transfer to the new employer. (e) If an affected employee chooses to transfer to the new employer they will not be deemed to be redundant for the purposes of clause 45. (f) If an affected employee chooses not to transfer to the new employer where the conditions of employment offered are the same or not inconsistent with the employee’s existing terms of employment, the notice provisions of clause 40 will apply. Clause 45 will not apply with the exception of clause 45 (e), (f) and (g). (g) If there are no employment opportunities with the new employer, an employee will be deemed to be redundant (subject to redeployment opportunities) and clause 45 will apply.

Employee Protection Provision. (a) 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 that restructuring is a possibility as soon as is practicable, subject to requirements to protect commercially sensitive information. (b) In the course of negotiating a sale and purchase agreement or a transfer agreement or a contract for services the employer will: (i) endeavour to obtain employment for the affected employees (if practicable) with the new employer; and (ii) endeavour to obtain such employment on substantially the same terms and conditions of employment applying to the employee. (c) The employer will subsequently advise the affected employees as to whether employment opportunities exist with the new employer and, if so, the nature of those opportunities. (d) Where employment opportunities exist the employer will advise the affected employees of their right to accept or decline to transfer to the new employer. (e) If an affected employee chooses to transfer to the new employer they he/she will not be deemed to be redundant for the purposes of clause 4535. (f) If an affected employee chooses not to transfer to the new employer where the conditions of employment offered are the same or not inconsistent with the employee’s existing terms of employment, employment the notice provisions of clause 40 31 will apply. Clause 45 35 will not apply with the exception of clause 45 35 (ec)(i), (fii) and (giii). (g) If there are no employment opportunities with the new employer, an employee will be deemed to be redundant (subject to redeployment opportunities) and clause 45 35 will apply.

Employee Protection Provision. (a) G.2.7.1 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. (b) G.2.7.2 In the course of negotiating a sale and purchase agreement or a transfer agreement or a contract for services the employer will: (i) endeavour to obtain employment for the affected employees (if practicable) with the new employer; and (ii) endeavour to obtain such employment on substantially the same terms and conditions of employment applying to the employee. (c) G.2.7.3 The employer will subsequently advise the affected employees as to whether employment opportunities exist with the new employer and, if so, the nature of those opportunities. (d) G.2.7.4 Where employment opportunities exist the employer will advise the affected employees of their right to accept or decline to transfer to the new employer. (e) G.2.7.5 If an affected employee chooses to transfer to the new employer they he/she will not be deemed to be redundant for the purposes of clause 45G.2. (f) G.2.7.6 If an affected employee chooses not to transfer to the new employer where the conditions of employment offered are the same or not inconsistent with the employee’s existing terms of employment, employment the notice provisions of clause 40 B.2 will apply. Clause 45 Clauses G. 2.1 G.2.6 will not apply with the exception of clause 45 G.2.3 (e), (f) and (gredeployment). (g) G.2.7.7 If there are no employment opportunities with the new employer, an employee will be deemed to be redundant (subject to redeployment opportunitiesopportunities as contained in G.2.3) and clause 45 will apply.clauses G.8, G.2.1, G.2.2, G.2.4,

Employee Protection Provision. (a) In any case of restructuring, as defined in the Employment Relations Amendment Act (No 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 that restructuring is a possibility as soon as is practicable, subject to requirements to protect commercially sensitive information.information.‌ (b) In the course of negotiating a sale and purchase agreement or a transfer agreement or a contract for services service the employer will: (i) endeavour to obtain employment for the affected employees (if practicable) with the new employer; and (ii) endeavour to obtain such employment on substantially the same terms and conditions of employment applying to the employee. (c) The employer will subsequently advise the affected employees as to whether employment opportunities exist with the new employer and, if so, the nature of those opportunities. (d) Where the employment opportunities exist the employer will advise the affected employees of their right to accept or decline to transfer to the new employer. (e) If an affected employee chooses to transfer to the new employer employer, they will not be deemed to be redundant for the purposes of clause 456. (f) If an affected employee chooses not to transfer to the new employer where the conditions of employment offered are the same or not inconsistent with the employee’s employees existing terms of employment, employment and the notice provisions of clause 40 2 will apply. Clause 45 6 will not apply with the exception of clause 45 (e6(g)(i), (fii) and (giii). (g) If there are no employment opportunities with the new employer, an employee will be deemed to be redundant (subject to redeployment opportunities) and clause 45 36 will apply.

Employee Protection Provision. (a) In any case of restructuring, as defined in the Employment Relations Amendment Act (No 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 that restructuring is a possibility as soon as is practicable, subject to requirements to protect commercially sensitive information. (b) In the course of negotiating a sale and purchase agreement or a transfer agreement or a contract for services service the employer will: (i) endeavour to obtain employment for the affected employees (if practicable) with the new employer; and (ii) endeavour to obtain such employment on substantially the same terms and conditions of employment applying to the employee. (c) The employer will subsequently advise the affected employees as to whether employment opportunities exist with the new employer and, if so, the nature of those opportunities. (d) Where the employment opportunities exist the employer will advise the affected employees of their right to accept or decline to transfer to the new employer. (e) If an affected employee chooses to transfer to the new employer employer, they will not be deemed to be redundant for the purposes of clause 4536. (f) If an affected employee chooses not to transfer to the new employer where the conditions of employment offered are the same or not inconsistent with the employee’s employees existing terms of employment, employment and the notice provisions of clause 40 32 will apply. Clause 45 36 will not apply with the exception of clause 45 (e36(g)(i), (fii) and (giii). (g) If there are no employment opportunities with the new employer, an employee will be deemed to be redundant (subject to redeployment opportunities) and clause 45 36 will apply.

Employee Protection Provision. ‌ (a) 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 that restructuring is a possibility as soon as is practicable, subject to requirements to protect commercially sensitive information. (b) In the course of negotiating a sale and purchase agreement or a transfer agreement or a contract for services the employer will: (i) endeavour to obtain employment for the affected employees (if practicable) with the new employer; and (ii) endeavour to obtain such employment on substantially the same terms and conditions of employment applying to the employee. (c) The employer will subsequently advise the affected employees as to whether employment opportunities exist with the new employer and, if so, the nature of those opportunities. (d) Where employment opportunities exist the employer will advise the affected employees of their right to accept or decline to transfer to the new employer. (e) If an affected employee chooses to transfer to the new employer they will not be deemed to be redundant for the purposes of clause 4535. (f) If an affected employee chooses not to transfer to the new employer where the conditions of employment offered are the same or not inconsistent with the employee’s existing terms of employment, employment the notice provisions of clause 40 31 will apply. Clause 45 35 will not apply with the exception of clause 45 35 (ec)(i), (fii) and (giii). (g) If there are no employment opportunities with the new employer, an employee will be deemed to be redundant (subject to redeployment opportunities) and clause 45 35 will apply.