MISCELLANEOUS PROVISIONS Section. 40 Local bargaining
1. Local bargaining requires open dialogue that builds trust and a balanced bargaining position between the employer and the staff representatives. The primary operating model should be willingness to take initiative to find the best possible solutions that promote the interests of both the company and employees and their reconciliation while considering local needs.
2. At the company group level, while considering the mandatory provisions of the law, exceptions concerning the following stipulations of the collective agreement may be agreed: • notwithstanding the stipulations in section 6, it may be agreed that the regular working time is, on average, as set out in sub- section 1 of section 6 (e.g. working time bank) • competence development outside the regular working time, as referred to in subsection 9 of section 6 • the monitoring period for flexible working hours, as referred to in subsection 12 of section 6 • stipulations concerning the adjusted working hours, as referred to in section 7 • exchanging overtime compensation for time off, as referred to in subsection 8 of section 12 • stipulations concerning lunch, as referred to in section 11 • stipulations concerning holiday bonus and annual leave sabbat- ical, as referred to in sections 26 and 27. • Provisions of Appendix 5 apply to weekend work and special work locations. • Matters of Appendix 8 which may, according to section 9 of the protocol of pay discussions, be agreed differently. In case of parties other than company groups, companies have a similar right to agree. When a company belongs to a group of com- panies, the right to agree at the company level applies to the mat- ters referred to hereinabove for which the transfer of the right to agree on exceptions has been agreed at the company group level. The parties in local bargaining are the group of companies and the registered employee associations (Pro, YTN) for groups of under- takings; the registered employer association and registered em- ployee associations (Pro, YTN) for bank groups and the employer and shop xxxxxxx/senior staff representative for companies.
3. Employee representatives participating in negotiations concerning local agreements have the right to obtain the necessary information related to the matter.
4. Negotiations are conducted with industrial peace prevailing and they are not transferred to the labour market organisation level.
5. Local agreements must be made in writing. Local agreements must ...
MISCELLANEOUS PROVISIONS Section. 5 – Perfect Attendance Incentive
MISCELLANEOUS PROVISIONS Section. 13.1. Except as otherwise required in the case of any qualified domestic relations order within the meaning of Section 414(p) of the Code, or the offset of a Participant's benefit under the Plan for certain judgments and settlements pursuant to Section 401(a)(13) of the Code, or as otherwise required by applicable law, the benefits or proceeds of any allocated or unallocated portion of the assets of the Trust and any interest of any Participant arising out of or created by the Plan either before or after the Participant's retirement shall not be subject to execution, attachment, garnishment or other legal or judicial process whatsoever by any person, whether creditor or otherwise, claiming against such Participant. No Participant may alienate, encumber or assign any of the payments or proceeds or any other interest arising out of or created by the Plan and any action purporting to do so is void. The provisions of this Section apply to all Participants, regardless of their citizenship or place of residence.
MISCELLANEOUS PROVISIONS Section. 3.1 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York (including Section 5-1401 of the New York General Obligations Law) and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws without giving effect to conflict of laws principles other than Section 5-1401 of the New York General Obligations Law.
MISCELLANEOUS PROVISIONS Section
