EMPLOYMENT EXIT PROVISIONS. PRE-SERVICE TRANSFER OBLIGATIONS
EMPLOYMENT EXIT PROVISIONS. 2.1 The Contractor agrees that, subject to compliance with the Data Protection Legislation:
2.1.1 within 20 days of the earliest of:
(i) receipt of a notification from the Authority of a Service Transfer or intended Service Transfer; or
(ii) receipt of the giving of notice of early termination of this Contract or any part thereof; or
(iii) the date which is 6 months before the expiry of the Initial Contract Period or any renewal term, and, in any event, on receipt of a written request of the Authority at any time, it shall provide the Contractor's Provisional Staff List and the Staffing Information to the Authority or, at the direction of the Authority, to a Replacement Contractor and it shall provide an updated Contractor's Provisional Staff List when reasonably requested by the Authority or, any Replacement Contractor;
2.1.2 at least 14 days prior to the Service Transfer Date, the Contractor shall prepare and provide to the Authority and/or, at the direction of the Authority, to the Replacement Contractor, the Contractor's Final Staff List, which shall be complete and accurate in all material respects. The Contractor's Final Staff List shall identify which of the Contractor's Staff named are Transferring Employees;
2.1.3 the Authority shall be permitted to use and disclose the Contractor's Provisional Staff List, the Contractor's Final Staff List and the Staffing Information for informing any Tenderer or other prospective Replacement Contractor for any services which are substantially the same type of services (or any part thereof) as the Services; and
2.1.4 upon reasonable request by the Authority the Contractor shall provide the Authority or at the request of the Authority, the Replacement Contractor, with access (on reasonable notice and during normal working hours) to such employment records (and provide copies) as the Authority reasonably requests.
2.2 The Contractor warrants that the Contractor's Provisional Staff List, the Contractor's Final Staff List and the Staffing Information will be true and accurate in all material respects.
2.3 From the date of the earliest event referred to in paragraph 2.1.1 of this Schedule 6, the Contractor agrees that it shall not without the prior written consent of the Authority, assign any person to the provision of the Services (or the relevant part) which is the subject of a Service Transfer who is not listed in the Contractor's Provisional Staff List and shall not without the prior written consent of the Authori...
EMPLOYMENT EXIT PROVISIONS. This agreement envisages that subsequent to its commencement, the identity of the provider of the Services (or any part of the Services) may change (whether as a result of termination of the Contract, or part or otherwise) resulting in a transfer of the Services in whole or in part (Subsequent Transfer). If a Subsequent Transfer is a Relevant Transfer then the Council or Replacement Contractor will inherit liabilities in respect of the Relevant Employees with effect from the relevant Service Transfer Date. The Contractor shall [and shall procure that any Sub-Contractor shall] on receiving notice of termination of the Contract or otherwise, on request from the Council and at such times as required by TUPE, provide in respect of any person engaged or employed by the Contractor or any Sub-Contractor in the provision of the Services, the Contractor’s Provisional Staff List and the Staffing Information together with any additional information required by the Council, including information as to the application of TUPE to the employees. The Contractor shall notify the Council of any material changes to this information as and when they occur. At least 14 days prior to the Service Transfer Date, the Contractor shall [and shall procure that any Sub-Contractor shall] prepare and provide to the Council and/or, at the direction of the Council, to the Replacement Contractor, the Contractor’s Final Staff List, which shall be complete and accurate in all material respects. The Contractor’s Final Staff List shall identify which of the Contractor’s and Sub-Contractor’s personnel named are Relevant Employees. The Council shall be permitted to use and disclose the Contractor’s Provisional Staff List, the Contractor’s Final Staff List and the Staffing Information for informing any tenderer or other prospective Replacement Contractor for any services that are substantially the same type of services as (or any part of) the Services. The Contractor warrants that the Contractor’s Provisional Staff List, the Contractor’s Final Staff List and the Staffing Information (TUPE Information) will be true and accurate in all material respects and that no persons are employed or engaged in the provision of the Services other than those included on the Contractor’s Final Staff List. The Contractor shall [and shall procure that any Sub-Contractor shall] ensure at all times that it has the right to provide the TUPE Information under Data Protection Laws. Any change to the TUPE Information wh...
EMPLOYMENT EXIT PROVISIONS. The Contractor agrees that, subject to compliance with the Data Protection Legislation:
EMPLOYMENT EXIT PROVISIONS. 3.1 This agreement envisages that subsequent to its commencement, the identity of the provider of the Services (or any part of the Services) may change (whether as a result of termination of this agreement, in part or otherwise) resulting in a transfer of the Services in whole or in part (Subsequent Transfer). If a Subsequent Transfer is a Relevant Transfer then the University or Replacement Service Provider will inherit liabilities in respect of the Relevant Employees with effect from the relevant Service Transfer Date. Such change in the identity of the supplier of the Services (or any part of the Services) shall be a “Service Transfer”. Accordingly, in the event of a Service Transfer, the provisions in paragraph 3.10 shall apply.
3.2 The Service Provider shall and shall subject to compliance with Data Protection Legislation:
(a) within 20 Working Days of the earliest of:
i. receiving notice of full or partial termination of this agreement;
EMPLOYMENT EXIT PROVISIONS. 3.1 On the expiry or earlier termination of this Services Contract for whatever reason, the identity of the provider of the Services (or any part of the Services) may change (whether as a result of termination of this Services Contract, or part or otherwise) resulting in a transfer of the Services in whole or in part (“Service Transfer”). If a Service Transfer is a Relevant Transfer then the contracts of employment of any Relevant Employees shall transfer to any Replacement Provider(s).
3.2 Subject to clause 3.1 above, the following provisions will apply:
3.2.1 The Provider shall be responsible for all remuneration, benefits, entitlements and outgoings in respect of the Relevant Employees (who had been engaged in the provision of the Services), including without limitation, all wages, holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions, pension contributions and otherwise, up to the Service Transfer Date.
3.2.2 The Provider shall indemnify and keep indemnified in full the Council and every Replacement Provider against all Losses incurred by the Council or any Replacement Provider(s) in connection with or as a result of any claim or demand against the Council or any Replacement Provider(s) by:
3.2.2.1 any person who is or has been employed or engaged by the Provider or any Subcontractor in connection with the provision of any of the Services; or
3.2.2.2 any trade union or staff association or employee representative (where such claim arises as a result of any act, fault or omission of the Provider and/or any Subcontractor), arising from or connected with any failure by the Provider or any Subcontractor to comply with any legal obligation, whether under regulation 13 or 14 of TUPE or any award of compensation under regulation 15 of TUPE, whether any such claim arises or has its origin before or after the Service Transfer Date.
3.3 The Provider shall on receiving notice of termination of this Services Contract or otherwise, on request from any Replacement Provider(s) and at such times as required by TUPE, provide in respect of any person engaged or employed by the Provider or any Subcontractor in the provision of the Services, the Provider's Provisional Staff List and the Staffing Information together with any additional information required by the Replacement Provider(s), including information as to the application of TUPE to the employees. The Provider shall notify any Replacement Provider(s) of any material changes to this...
EMPLOYMENT EXIT PROVISIONS. It is agreed that
1. The Contract effected by the signing of this Agreement constitutes the entire Agreement between the Parties relating to the subject matter of the Contract and supersedes all prior negotiations, representations or understandings whether written or oral.
2. In this Agreement words and expressions shall have either the same meanings as are assigned to them herein or in Condition 1 of the Terms and Conditions of Contract, as appropriate.
3. The Contractor shall provide the goods and services in accordance with the Contract
4. The Parties shall be entitled to such rights and be subject to such obligations as are imposed by the Contract.
5. The period of the Contract will be** , commencing on 25 November 2013 and terminating on 6
6. The Approved Maximum Cost for the Contract is £17,875 exclusive of Value Added Tax (based on** per day plus Value Added Tax).
EMPLOYMENT EXIT PROVISIONS. (back to contents)
EMPLOYMENT EXIT PROVISIONS. 14.1. This Agreement envisages that subsequent to the commencement of this Agreement, the identity of the provider of the Services (or any part of the Services) may change (whether as a result of termination of this Agreement, or part, or otherwise) resulting in a transfer of the Services in whole or in part (“Service Transfer”). If a Service Transfer is a relevant transfer for the purposes of the Employment Regulations then in such event, the Customer or a Replacement Supplier would inherit liabilities in respect of the Transferring Employees and the provisions in this Clause 14 shall apply. However, for the avoidance of doubt, if the Employment Regulations do not apply upon the termination of this Agreement either in whole or in part, then none of the provisions in this Clause 14 shall apply.
14.2. SPS UK & I Limited agrees that, subject to compliance with the Applicable Data Protection Legislation: 14.2.1.within 6 weeks of the earliest of:
EMPLOYMENT EXIT PROVISIONS. 2.1 This Contract envisages that subsequent to its commencement, the identity of the provider of the Services (or any part of the Services) may change (whether as a result of termination of this Contract, or part or otherwise) resulting in a transfer of the Services in whole or in part (Subsequent Transfer). If a Subsequent Transfer is a Relevant Transfer then the Council or Replacement Provider will inherit liabilities in respect of the Relevant Employees with effect from the relevant Service Transfer Date.
2.2 The Provider shall and shall procure that any Sub-Contractor shall on receiving notice of termination of this Contractor otherwise, on request from the Council and at such times as required by TUPE, provide in respect of any person engaged or employed by the Provider or any Sub-Contractor in the provision of the Services, the Provider 's Provisional Staff List and the Staffing Information together with any additional information required by the Council, including information as to the application of TUPE to the employees. The Provider shall notify the Council of any material changes to this information as and when they occur.