LEGAL POSITION Sample Clauses

LEGAL POSITION. 1. Phase 1-2: a. The agency worker is working in phase 1-2, as long as he has not worked for the same employment agency for more than 78 weeks. b. In phase 1-2, the agency worker is always working on the basis of an agency work employment contract with agency clause, unless it has been explicitly agreed in writing in the agency work employment contract that the agency clause does not apply. c. The 78 weeks in phase 1-2 are added up (only weeks worked are counted), as long as any interruption between two agency work employment contracts does not exceed six months. If there has been an interruption of six months or more, the counting of phase 1-2 starts at zero again. d. The agency work employment contract for a definite period of time without agency clause which, within one month, succeeds a previous agency work employment contract for a definite period of time without agency clause with the same employment agency and the same client, can only be entered into for a minimum duration of four weeks.
LEGAL POSITION. 1. Phase 1-2 a. The agency worker is working in phase 1-2, as long as he has not worked for the same employment agency for more than 78 weeks. b. In phase 1-2, the agency worker is always working on the basis of an agency work employment contract with agency clause, unless it has been explicitly agreed in writing in the agency work employment contract that the agency clause does not apply. c. The 78 weeks in phase 1-2 are added up (only weeks worked are counted), as long as any interruption between two agency work employment contracts does not exceed six months. If there has been an interruption of six months or more, the counting of phase 1-2 starts at zero again. d. The agency work employment contract for a definite period of time without agency clause which, within one month, succeeds a previous agency work employment contract for a definite period of time without agency clause with the same employment agency and the same client, can only be entered into for a minimum duration of four weeks. e. From 3 January 2022, a period of 52 weeks worked instead of 78 worked weeks applies to an agency worker who starts counting the weeks worked in phase 1-2 on or after 3 January 2022. In the case of this agency worker, whenever this paragraph under a to d reads 78 weeks worked, it must be read as 52 weeks worked. f. For an agency worker who started counting the weeks worked in phase 1-2 before 3 January 2022 (whether or not on the basis of successive employer status) and there has not been an interruption of more than six months, a term of 52 weeks worked instead of 78 worked weeks applies from 2 January 2023. For this agency worker, whenever this paragraph under a to d reads 78 weeks worked, it must from that moment also read 52 weeks worked. This means that: • the agency worker who on 2 January 2023 worked in phase 1-2 52 weeks or more enters phase 3; • the agency worker who on 2 January 2023 worked in phase 1-2 not yet 52 weeks or more enters phase 3 on the date on which the number of hours worked is 52 after 2 January 2023 and his employment is continued. When entering phase 3, the then current or new agency work employment contract will be regarded as the first agency work employment contract in phase 3. The 53rd to 78th weeks worked in phase 1-2 before 2 January 2023 do not count in phase 3 in terms of duration and number of agency work employment contracts
LEGAL POSITION. 6.1 This Recognition and Procedure Agreement is designed to facilitate voluntary local negotiation on appropriate matters. The Agreement is not legally binding.
LEGAL POSITION. It is unlawful to discriminate against an individual on the following grounds: • age • disability • gender reassignment • marriage and civil partnership • pregnancy and maternity • race • religion or belief • sex • sexual orientation Under the Equality Act 2010 these are known as “protected characteristics”. It is unfair to discriminate against an individual on the following grounds:- • Political views • Family or caring responsibilitiesChronic illness or HIV/ Aids status • Socio Economic Status.
LEGAL POSITION. 1. Phase 1-2 a. The agency worker is working in phase 1-2, as long as he has not worked for the same employment agency for more than 52 weeks. b. In phase 1-2, the agency worker is always working on the basis of an agency work employment contract with agency clause, unless it has been explicitly agreed in writing in the agency work employment contract that the agency clause does not apply. c. The 52 weeks in phase 1-2 are added up (only weeks worked are counted, in accordance with Article 2, under e), as long as any interruption between two agency work employment contracts does not exceed six months. If there has been an interruption of six months or more, the counting of phase 1-2 starts at zero again. d. The agency work employment contract for a definite period of time without 14 CAO COLLECTIVE AGREEMENT FOR TEMPORARY WORKERS agency clause which, within one month, succeeds a previous agency work employment contract for a definite period of time without agency clause with the same employment agency and the same client, can only be entered into for a minimum duration of four weeks.
LEGAL POSITION. This search is being carried out by consent and there are no legal, i.e. statutory or common law powers that are being relied upon by the MPS in order to carry it out. The Xxxxx family have been made fully aware of the police investigation to date and have given their consent for the MPS to enter their property (on a date to be agreed) for the specific purpose of carrying out a final search for Xxxxxx’s remains. This consent is provided on the express understanding that all parties adhere to the conditions that are set out below. Should any of these conditions be breached, the Xxxxx family may withdraw their consent for the search to be carried out or, if it has started, for it to continue. The Xxxxx family also have the right to withdraw consent at any time whether or not any of the conditions have been breached, without providing any rationale for this. The purpose of this document is to make all parties aware of the conditions which have been agreed in advance, in order that they are respected throughout the search.
LEGAL POSITION. The settlement of claims in respect of missing persons would be governed by the provisions of Section 107/108 of the Indian Evidence Act, 1872. Section 107 deals with presumption of continuance and section 108 deals with presumption of death. As per the provisions of Section 108 of the said Act, presumption of death can be raised only after a lapse of seven years from the date of his/her being reported missing. As such, nominee/legal heirs have to raise an express presumption of death of the subscriber under Section 107/108 of the Indian Evidence Act before a competent court. If the court presumes that he/she is dead, then the claim in respect of a missing person can be settled as is done for any other deceased accounts.
LEGAL POSITION. (1) As managing director, Dr. de Meleghy Jr. will direct the Company’s affairs and represent the Company according to its Articles of Association as amended from time to time. (2) The Company may appoint further managing directors. All managing directors together form the management board (Gesamtgeschäftsführung). The shareholders determine the allocation of duties among the managing directors from time to time. (3) The Managing Director shall conduct the business of the Company and carry out his duties within the limits of and in accordance withapplicable provisions of law; • the Articles of Association of the Company; • shareholders’ resolutions of the Company; • the Company rules and regulations for management (if any); and • this Employment agreement.

Related to LEGAL POSITION

  • Financial Position The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders’ equity and cash flows as of and for (a) the fiscal years ended December 31, 2014 and 2013 reported on by Ernst & Young LLP, independent public accountants and (b) the six months ended June 30, 2015. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its consolidated subsidiaries as of such dates and for such periods in accordance with GAAP, subject to year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (b) above.

  • Filling Positions ‌ The Employer will determine when a position will be filled, the type of appointment to be used when filling the position, and the skills and abilities necessary to perform the duties of the specific position within a job classification. Only those candidates who have the position-specific skills and abilities required to perform the duties of the vacant position will be referred for further consideration by the employing agency. A. An agency’s internal layoff list will consist of employees who have elected to place their name on the layoff list through Article 34, Layoff and Recall, of this Agreement and are confined to each individual agency. B. The statewide layoff list will consist of employees who have elected to place their name on the statewide layoff list in accordance with WAC 000-00-000. C. A promotional candidate is defined as an employee who has completed the probationary period within a permanent appointment and has attained permanent status within the agency. D. A transfer candidate is defined as an employee in permanent status in the same classification as the vacancy within the agency. E. A voluntary demotion candidate is defined as an employee in permanent status moving to a class in a lower salary range maximum within the agency. F. When filling a vacant position with a permanent appointment, candidates will be certified for further consideration in the following manner: 1. The most senior candidate on the agency’s internal layoff list with the required skills and abilities who has indicated an appropriate geographic availability will be appointed to the position. 2. If there are no names on the internal layoff list, the agency will certify up to twenty (20) candidates for further consideration. Up to seventy-five percent (75%) of those candidates will be statewide layoff, agency promotional, internal transfers, and agency voluntary demotions. All candidates certified must have the position-specific skills and abilities to perform the duties of the position to be filled. If there is a tie for the last position on the certification for either promotional or other candidates, the agency may consider up to ten

  • Return to Former Position (a) An employee who has had at least 12 months' continuous service with an employer immediately before commencing part-time employment after the birth or placement of a child has, at the expiration of the period of such part-time employment or the first period, if there is more than one, the right to return to his or her former position. (b) Nothing in Clause 2.4.3(a) shall prevent the employer from permitting the employee to return to his or her former position after a second or subsequent period of part-time employment.

  • New Position An approved position not reflected in the current year budget complement.

  • Change of Operations To: Members of Local Union 710 Dear Brothers and Sisters: As you know, we have a tentative agreement for the UPS Cartage Services, Inc. Supplemental Agreement. Article 2 of the re-negoti- ated CSI Supplement outlines the National Master UPS Agreement (NMA) Articles that may be applied to your Addendum. You will note that several NMA articles are not applicable. These are sub- jects that are either addressed in the CSI Supplement or are not op- erationally applicable to CSI. Where there are two provisions covering the same subject, one in the Local Addendum and one in the National Master UPS Agree- ment, the following provisions of the National Master UPS Agree- ment shall apply:

  • Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the first-mentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination.

  • Safe Operations Notwithstanding any other provision of this Agreement, an NTO may take, or cause to be taken, such action with respect to the operation of its facilities as it deems necessary to maintain Safe Operations. To ensure Safe Operations, the local operating rules of the ITO(s) shall govern the connection and disconnection of generation with NTO transmission facilities. Safe Operations include the application and enforcement of rules, procedures and protocols that are intended to ensure the safety of personnel operating or performing work or tests on transmission facilities.

  • Vacant Positions An employee on the reinstatement roster may bid on a vacant position in a different classification in the same manner as any other regular employee pursuant to this agreement.

  • Tax Examinations The IRS has examined (or is foreclosed from examining by applicable statutes) the federal income tax returns of any of the Company’s, the Borrower’s or its Subsidiaries’ predecessors in interest with respect to the Projects for all tax periods prior to and including the taxable year ending December 31, 2009 and the appropriate state Governmental Authority in each state in which the Company’s, the Borrower’s or its Subsidiaries’ predecessors in interest with respect to the Projects were required to file state income tax returns has examined (or is foreclosed from examining by applicable statutes) the state income tax returns of any of such Persons with respect to the Projects for all tax periods prior to and including the taxable year ending December 31, 2009. All deficiencies which have been asserted against such Persons as a result of any federal, state, local or foreign tax examination for each taxable year in respect of which an examination has been conducted have been fully paid or finally settled or are being contested in good faith, and no issue has been raised in any such examination which, by application of similar principles, reasonably can be expected to result in assertion of a material deficiency for any other year not so examined which has not been reserved for in the financial statements of such Persons to the extent, if any, required by GAAP. No such Person has taken any reporting positions for which it does not have a reasonable basis nor anticipates any further material tax liability with respect to the years which have not been closed pursuant to applicable law.

  • Control of Operations Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.