Misuse of entitlement Sample Clauses

Misuse of entitlement. A misuse of entitlement and therefore the wrongful non-application of article 19, paragraph 5 under b. of this Collective Labour Agreement may be deemed to have occurred if the tem- porary agency worker either performs the same or practically the same work, with regular breaks between deployment, through the same private employment agency for different hir- ing companies, in the same field covered by this Collective Labour Agreement, or performs the same or practically the same work for the same user company through different private employment agencies and because of the aforementioned changes, the temporary agency worker fails to fulfil the criteria set forth in article 19, paragraph 5 under b. of this Collective Labour Agreement. If the temporary agency worker asserts this and demonstrates it to be the case, it is up to the private employment agency to prove that there has been no misuse of entitlement.
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Misuse of entitlement. A misuse of entitlement and therefore the wrongful non-application of article 19 paragraph 5b of this Collective Labour Agreement may be deemed to have occurred if the temporary agency worker either performs the same or practically the same work, with regular breaks between deployment, through the same private employment agency for different hiring companies, in the same field covered by this Collective Labour Agreement, or performs the same or practically the same work for the same user company through different private em- ployment agencies and because of the aforementioned changes, the temporary agency worker fails to fulfil the criteria set forth in article 19 paragraph 5b of this Collective Labour Agree- ment. If the temporary agency worker asserts this and demonstrates it to be the case, it is up to the private employment agency to prove that there has been no misuse of entitlement.‌ *3 In that case, parties to the Collective Labour Agreement shall discuss a possible amendment of this article.
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Misuse of entitlement. A misuse of entitlement and therefore the wrongful non-application of article 19 paragraph 5b of this Collective Labour Agreement may be deemed to have occurred if the temporary agency worker either performs the same or practically the same work, with regular breaks between deployment, through the same private employment agency for different hiring companies, in the same field covered by this Collective Labour Agreement, or performs the same or practically c o l l e c t i v e l a b o u r a c r e e m e n t f o r t e m p o r a r y a c e n c y w o r k e r s 2 0 0 9 - 2 0 1 4 23 the same work for the same user company through different private employment agencies and because of the aforementioned changes, the temporary agency worker fails to fulfil the criteria set forth in article 19 paragraph 5b of this Collective Labour Agreement. If the temporary agency worker asserts this and demonstrates it to be the case, it is up to the private employment agency to prove that there has been no misuse of entitlement. * Article 19, paragraph 5, first bullet takes effect on 3 May 2010. This arrangement only relates to new placements in phase C that start on or after 3 May 2010. Before 3 May 2010, the text of article 19, paragraph 5, under a. and b. reads as follows:
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Related to Misuse of entitlement

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  • Use of Equipment mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability.

  • Defendant’s Breach of Plea Agreement If the defendant commits any crimes, violates any conditions of release, or violates any term of this plea agreement between the signing of this plea agreement and the date of sentencing, or fails to appear for sentencing, or if the defendant provides information to the Probation Office or the Court that is intentionally misleading, incomplete, or untruthful, or otherwise breaches this plea agreement, the United States will be released from its obligations under this agreement. The defendant, however, will remain bound by the terms of the agreement, and will not be allowed to withdraw his plea of guilty. The defendant also understands and agrees that in the event he violates this plea agreement, all statements made by him to law enforcement agents subsequent to the execution of this plea agreement, any testimony given by him before a grand jury or any tribunal or any leads from such statements or testimony shall be admissible against him in any and all criminal proceedings. The defendant waives any rights that he might assert under the United States Constitution, any statute, Rule 11(f) of the Federal Rules of Criminal Procedure, Rule 410 of the Federal Rules of Evidence, or any other federal rule that pertains to the admissibility of any statements made by him subsequent to this plea agreement.

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