Common use of Employee Protection Provision Clause in Contracts

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. 26.1 In the event that all or part of the work undertaken by the employee will be affected by the employer entering into an arrangement whereby a new employer will undertake the work currently undertaken by the employee, the employer will meet with the employee, providing information about the proposed arrangement and an opportunity for the employee to comment on the proposal, and will consider and respond to their comments. The employee has the right to seek the advice of their union or to have the union act on their behalf. 26.2 The employer will negotiate with the new employer, including whether the affected employees will transfer to the new employer on the same terms and conditions, and will include in the agreement reached with the new employer a requirement that the employee be offered a position with the new employer at the same or similar terms of employment. 26.3 Where the employee either chooses not to transfer to the new employer, or is not offered employment by the new employer, the employer will activate the staff surplus provisions of this agreement.