Common use of Employment Protection Provision Clause in Contracts

Employment Protection Provision. Where the Employer is contracting out, selling or transferring all or part of the business, including the part of the business where permanent Employees covered by this Agreement are employed, the following provisions will apply in addition to the provisions in clause 20. 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 and the timeframes advised. b) 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 affected permanent Employees employment on the same or similar terms and conditions and recognising service as continuous. c) Affected permanent Employees are entitled to choose whether or not to accept employment with the contractor/service provider. If the contractor/service provider offers a permanent Employee employment in terms of clause b) above, no redundancy situation will arise, whether or not the Employee chooses to accept the offer of employment. d) In the event that the contractor/service provider is not prepared to offer a permanent Employee employment in terms of subclause b above or offers employment on lesser terms and conditions and/or without recognition of the Employee's service, the Employee will receive notice of termination as specified in clause 43. e) 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 staff will be taken on by the potential new employer. A casual or temporary Employee is entitled to choose to accept or refuse employment with a potential new employer as is any other Employee. f) In the case of an Employee who falls into one of the "specified categories of Employees" Part 6A of the Employment Relations Act 2000, the provisions in Part 6A of the Act shall apply instead of the provisions in this sub-clause.

Employment Protection Provision. ‌ Where the Employer is contracting out, selling or transferring all or part of the business, including the part of the business where permanent Employees covered by this Agreement are employed, the following provisions will apply in addition to the provisions in clause 20. 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 and the timeframes advised. b) 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 affected permanent Employees employment on the same or similar terms and conditions and recognising service as continuous. c) Affected permanent Employees are entitled to choose whether or not to accept employment with the contractor/service provider. If the contractor/service provider offers a permanent Employee employment in terms of clause b) above, no redundancy situation will arise, whether or not the Employee chooses to accept the offer of employment. d) In the event that the contractor/service provider is not prepared to offer a permanent Employee employment in terms of subclause b above or offers employment on lesser terms and conditions and/or without recognition of the Employee's service, the Employee will receive notice of termination as specified in clause 43. e) 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 staff will be taken on by the potential new employer. A casual or temporary Employee is entitled to choose to accept or refuse employment with a potential new employer as is any other Employee. f) In the case of an Employee who falls into one of the "specified categories of Employees" Part 6A of the Employment Relations Act 2000Act, the provisions in Part 6A of the Act shall apply instead of the provisions in this sub-clause.