Common use of Employment Protection Provisions Clause in Contracts

Employment Protection Provisions. 26.4.1 In the event that the employer (“the company”) restructures its business so that the work of some or all of its employees is to be performed for a new employer, the following provisions relating to the negotiations between the company and the new employer shall apply. 26.4.2 The terms “new employer”, “restructuring” and “affected employee’ shall have the meaning given to them in section 69L of the Employment Relations Xxx 0000. 26.4.3 The process to be followed by the company in negotiating with the new employer is as follows: (i) The company shall confirm with the new employer the company’s obligation to negotiate about the restructuring; (ii) The company shall inform the new employer that the company wishes to negotiate in relation to the possible transfer of affected staff to the new employer and, if so, the terms and conditions of those transferring staff members; (iii) The company shall put a proposal to the new employer in relation to whether affected staff will transfer to the new employer and on what terms and conditions of employment; (iv) At all times during any negotiation with the new employer, the company will observe the privacy rights of the affected employees, subject to the employer fulfilling its statutory obligations to the new employers, including the union membership status of any affected employee. 26.4.4 The matters to be negotiated between the company and the new employer shall include: (i) Whether staff will be transferred to the new employer, and if so, the total number of staff and positions to be affected. (ii) The date restructuring will commence. (iii) The terms and conditions of employment of affected staff who transfer to the new employer, including, but not limited to: a. Whether staff who elect to transfer shall be employed by the new employer under any existing terms and conditions; b. Whether the employment of affected staff who elect to transfer must be treated as continuous, including for the purposes of service–related entitlements; c. The reasonable period of time prior to the date of transfer that is to be available to enable a staff member to make his or her election as to whether to transfer or not. 26.4.5 Before entering into a restructuring agreement, the company shall consult with the union, and allow a reasonable time for such consultation before the restructuring agreement is entered into. 26.4.6 The process to be followed at the time of restructuring to determine entitlements for affected staff who are members of the union is as follows: (i) The company shall inform the affected staff and the union of the entitlements (if any) of the affected members. (ii) A reasonable time shall be allowed for the union to consider the information provided and respond.

Employment Protection Provisions. 26.4.1 25.4.1 In the event that the employer (“the company”) restructures its business so that the work of some or all of its employees is to be performed for a new employer, the following provisions relating to the negotiations between the company and the new employer shall apply. 26.4.2 25.4.2 The terms “new employer”, “restructuring” and “affected employee’ shall have the meaning given to them in section 69L of the Employment Relations Xxx 0000. 26.4.3 25.4.3 The process to be followed by the company in negotiating with the new employer is as follows: (i) The company shall confirm with the new employer the company’s obligation to negotiate about the restructuring; (ii) The company shall inform the new employer that the company wishes to negotiate in relation to the possible transfer of affected staff to the new employer and, if so, the terms and conditions of those transferring staff members; (iii) The company shall put a proposal to the new employer in relation to whether affected staff will transfer to the new employer and on what terms and conditions of employment; (iv) At all times during any negotiation with the new employer, the company will observe the privacy rights of the affected employees, subject to the employer fulfilling its statutory obligations to the new employers, including the union membership status of any affected employee. 26.4.4 25.4.4 The matters to be negotiated between the company and the new employer shall include: (i) Whether staff will be transferred to the new employer, and if so, the total number of staff and positions to be affected. (ii) The date restructuring will commence. (iii) The terms and conditions of employment of affected staff who transfer to the new employer, including, but not limited to: a. Whether staff who elect to transfer shall be employed by the new employer under any existing terms and conditions; b. Whether the employment of affected staff who elect to transfer must be treated as continuous, including for the purposes of service–related entitlements; c. The reasonable period of time prior to the date of transfer that is to be available to enable a staff member to make his or her election as to whether to transfer or not. 26.4.5 25.4.5 Before entering into a restructuring agreement, the company shall consult with the union, and allow a reasonable time for such consultation before the restructuring agreement is entered into. 26.4.6 25.4.6 The process to be followed at the time of restructuring to determine entitlements for affected staff who are members of the union is as follows: (i) The company shall inform the affected staff and the union of the entitlements (if any) of the affected members. (ii) A reasonable time shall be allowed for the union to consider the information provided and respond.

Employment Protection Provisions. 26.4.1 In the event that the employer (“the company”) restructures its business so that the work of some or all of its employees is to be performed for a new employer, the following provisions relating to the negotiations between the company and the new employer shall apply. 26.4.2 The terms “new employer”, “restructuring” and “affected employee’ shall have the meaning given to them in section 69L of the Employment Relations Xxx 0000. 26.4.3 The process to be followed by the company in negotiating with the new employer is as follows: (i) The company shall confirm with the new employer the company’s obligation to negotiate about the restructuring; (ii) The company shall inform the new employer that the company wishes to negotiate in relation to the possible transfer of affected staff to the new employer and, if so, the terms and conditions of those transferring staff members; (iii) The company shall put a proposal to the new employer in relation to whether affected staff will transfer to the new employer and on what terms and conditions of employment; (iv) At all times during any negotiation with the new employer, the company will observe the privacy rights of the affected employees, subject to the employer fulfilling its statutory obligations to the new employers, including the union membership status of any affected employee. 26.4.4 The matters to be negotiated between the company and the new employer shall include: (i) Whether staff will be transferred to the new employer, and if so, the total number of staff and positions to be affected. (ii) The date restructuring will commence. (iii) The terms and conditions of employment of affected staff who transfer to the new employer, including, but not limited to: a. Whether staff who elect to transfer shall be employed by the new employer under any existing terms and conditions; b. Whether the employment of affected staff who elect to transfer must be treated as continuous, including for the purposes of service–related entitlements; c. The reasonable period of time prior to the date of transfer that is to be available to enable a staff member to make his or her election as to whether to transfer or not. 26.4.5 Before entering into a restructuring agreement, the company shall consult with the union, and allow a reasonable time for such consultation before the restructuring agreement is entered into. 26.4.6 The process to be followed at the time of restructuring to determine entitlements for affected staff who are members of the union is as follows: (i) The company shall inform the affected staff and the union of the entitlements (if any) of the affected members. (ii) A reasonable time shall be allowed for the union to consider the information provided and respond.

Employment Protection Provisions. 26.4.1 In the event that the employer (“the company”) restructures its business so that the work of some or all of its employees is to be performed for a new employer, the following provisions relating to the negotiations between the company and the new employer shall apply. 26.4.2 The terms “new employer”, “restructuring” and “affected employee’ shall have the meaning given to them in section 69L of the Employment Relations Xxx 0000Act 2000. 26.4.3 The process to be followed by the company in negotiating with the new employer is as follows: (i) The company shall confirm with the new employer the company’s obligation to negotiate about the restructuring; (ii) The company shall inform the new employer that the company wishes to negotiate in relation to the possible transfer of affected staff to the new employer and, if so, the terms and conditions of those transferring staff members; (iii) The company shall put a proposal to the new employer in relation to whether affected staff will transfer to the new employer and on what terms and conditions of employment; (iv) At all times during any negotiation with the new employer, the company will observe the privacy rights of the affected employees, subject to the employer fulfilling its statutory obligations to the new employers, including the union membership status of any affected employee. 26.4.4 The matters to be negotiated between the company and the new employer shall include: (i) Whether staff will be transferred to the new employer, and if so, the total number of staff and positions to be affected. (ii) The date restructuring will commence. (iii) The terms and conditions of employment of affected staff who transfer to the new employer, including, but not limited to: a. Whether staff who elect to transfer shall be employed by the new employer under any existing terms and conditions; b. Whether the employment of affected staff who elect to transfer must be treated as continuous, including for the purposes of service–related entitlements; c. The reasonable period of time prior to the date of transfer that is to be available to enable a staff member to make his or her election as to whether to transfer or not. 26.4.5 Before entering into a restructuring agreement, the company shall consult with the union, and allow a reasonable time for such consultation before the restructuring agreement is entered into. 26.4.6 The process to be followed at the time of restructuring to determine entitlements for affected staff who are members of the union is as follows: (i) The company shall inform the affected staff and the union of the entitlements (if any) of the affected members. (ii) A reasonable time shall be allowed for the union to consider the information provided and respond.