Existing Position Clause Samples
Existing Position. Under the current position where Gibraltar is covered by EU legislation, Regulation (EC) No 1013/2006 on the shipment of waste (the “Transfrontier Shipments of Waste Regulation” or “TSW Regulation”) applies to Gibraltar. The TSW Regulation implements the provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and the Disposal (the “Basel Convention”) through which international shipments of waste are controlled through a process of prior written consent. The TSW Regulation also incorporates into EU legislation the Organisation for Economic Co-operation and Developments decision (C (2001) 107) ( the “OECD Decision”) on the control of transboundary movements of wastes destined for recovery operations. It is on the basis of the TSW Regulation that Gibraltar ships waste to other EU Member States, including Spain.
Existing Position. Upon learning from the employee’s licensed provider that the employee should be able to assume her/his regular duties, the employee will notify her/his supervisor within two (2) working days. Following official notification by the Employer that the employee has the right to be reinstated to his/her position, the employee has seven (7) days in which to request reinstatement. If the employee requests reinstatement in accordance with the statute and if the employee’s position exists, the employee shall be returned to the position at the employee’s former rate of pay any time within three (3) years from the first date of injury or illness, as defined by law. If the employee’s position no longer exists, he/she will be returned to an available and suitable position. The employee shall be deemed to have resigned if the position is not accepted or if the employee fails to report for work in a timely manner following her/his acceptance.
Existing Position i) If there is a significant change in duties and responsibilities of a permanent filled position, either on an identifiable date, or gradually over a period of time, a review of the classification of the position may be requested by the Union or by Management, as represented by Human Resources, Corporate Services Department.
ii) The party initiating the classification review request shall submit a Position Analysis Questionnaire (PAQ) completed in full to Human Resources. The PAQ will be accompanied by a memorandum indicating the reasons for the request for a change in classification. A copy shall be forwarded to the Secretary of CUPE Local No. 59.
iii) Subsequent to the receipt of the PAQ, and memorandum above, Human Resources will initiate a classification review of the position, Such review will be concluded within three (3) months of the receipt of the request. Human Resources shall conclude:
(a) confirmation of the current classification level; or
(b) upgrading of the current classification level; or
(c) downgrading of the current classification level and initiate appropriate action to effect the decision and to inform the parties to this Agreement in writing.
iv) Should the Union disagree with the decision it may appeal such within fifteen (15) calendar days of receipt of written notification, referred to in (b) (iii) above, to the Classification Appeals Committee.
v) The Classification Appeals Committee shall consist of one (1) member appointed by the Union, one
(1) member appointed by the City and a Chairperson mutually acceptable to both parties. The Committee shall hear evidence and shall consider only the duties and responsibilities of the position as of the date of the request for review.
vi) The Classification Appeals Committee shall be authorized to direct:
a) that the classification decision be confirmed and the appeal denied, or
b) that the appealed position be reallocated to a designated existing class in the classification plan, and shall make one of such directions in respect of each appeal.
vii) Decisions of the Committee shall be binding upon the parties to this Agreement and upon the appellant. The Committee may recommend that a new classification be established to accommodate the appealed position,
viii) The City shall authorize leave of absence with pay to their own and the Union representative, providing both are in the employ of the City. The Chairperson, if in the employ of the City shall be granted leave of absence with pay. If...
Existing Position. EU law provides for common rules to protect social security rights when moving within the EU (as well as Iceland, Liechtenstein, Norway and Switzerland). The law covers all the traditional branches of social security and it ensures, for example, that beneficiaries:
Existing Position. Gibraltar currently follows EU rules and regulations that fall under the areas of accounting, corporate reporting and audit. These rules and regulations set out how companies and other legal entities report on their financial activity, corporate governance arrangements and how those reports are audited. This is reflected in Gibraltar law mainly through the Companies Act 2014 (and regulations made under that Act) and the Financial Services (Auditors) Act 2009 (and regulations made under that Act). HM Government of Gibraltar • ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ • Gibraltar GX11 1AA t +▇▇▇ ▇▇▇▇▇▇▇▇ f +▇▇▇ ▇▇▇▇▇▇▇▇ e ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇ w ▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇ If the Withdrawal Agreement enters into effect, the status quo would remain up to the end of the transition period – that being 31 December 2020. HMGoG will ensure that Gibraltar continues to have a functioning regulatory framework for companies and that, as far as possible, the same laws and rules that are currently in place continue to apply. This will be done by using the powers in the Gibraltar European Union (Withdrawal) Act 2019 to correct deficiencies in our statute book arising from our exit from the EU. • Accounting and corporate reporting The corporate reporting regime will be unchanged in many respects; however, certain technical changes are necessary to reflect that Gibraltar will no longer be part of the EU. • Audit Given the retention of EU law as Gibraltar domestic legislation, Gibraltar will continue to apply EU rules. Gibraltar, like the UK, will unilaterally provide a transitional period in the field of audit until 31 December 2020. During this period, individuals will be able to continue to apply for their EEA audit registration to be recognised in Gibraltar on the same terms. Additionally, EEA audit firms will continue to count towards the majority of appropriately approved persons test for owning Gibraltar audit firms. Therefore the rules relating to audits of Gibraltar companies operating solely within Gibraltar will be unchanged. However, there will be additional requirements relating to the audits of Gibraltar companies operating cross-border, and to the provision of audit services cross-border. Further detail is provided in the sections below. • Accounting and corporate reporting Gibraltar incorporated subsidiaries and parents of EU businesses will continue to be subject to Gibraltar’s corporate reporting regime. However, Gibraltar businesses with a branch operating in the EU will become third ...
Existing Position. Gibraltar Airport serves flights between Gibraltar and the UK and flights between Gibraltar and Morocco. Air services between Gibraltar and the UK are considered domestic flights on the basis that the UK signed the Convention on International Civil Aviation (the “Chicago Convention”) on behalf of itself, the Crown Dependencies and the Overseas Territories, including Gibraltar. As an EU Member State, the UK is part of the internal market for air services. As such, flights between the UK and Gibraltar operate on the basis of EU legislation allowing for the free circulation of flights within EU airspace without the need for advance permission from individual national authorities. Air services between Gibraltar and Morocco function on the basis of an Air Services Agreement agreed between the EU and Morocco. Gibraltar forms part of this Agreement.
Existing Position. The existing position in relation to reciprocal healthcare arrangements for Gibraltarians in the European Union and EU nationals in Gibraltar are well known. With respect to treatment received in the UK, Gibraltar has in place certain arrangements with the UK Government providing for access for Gibraltarians to UK healthcare providers. Those arrangements also cater for the reimbursement of costs.
Existing Position. Gibraltarian students studying in the UK have a right to reside in the UK by virtue of their UK nationality. Other EU citizens have a right to reside in the UK pursuant to EU rules on the free
Existing Position. Upon learning from the employee’s licensed provider that the employee should be able to assume her/his regular duties, the employee will notify her/his supervisor within two (2) working days. Following official notification by the Employer that the employee has the right to be reinstated to his/her position, the employee has seven (7) days in which to request reinstatement. If the employee requests reinstatement in accordance with the statute and if the employee’s position exists, the
