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.
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:

Related to Misuse of entitlement

  • Misuse of TINs If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.

  • Unauthorised Use of Intellectual Property a) The Supplier/Service Provider agrees to notify Transnet in writing of any conflicting uses of, and applications of registrations of Patents, Designs and Trade Marks or any act of infringement, unfair competition or passing off involving the Intellectual Property of Transnet of which the Supplier/Service Provider acquires knowledge and Transnet shall have the right, as its own option, to proceed against any party infringing its Intellectual Property.

  • WRONGFUL AND ILLEGAL USE OF ENERGY 16.1 Use of energy You must not, and must take reasonable steps to ensure others do not:

  • Use of Vehicles Use or authorize the Vehicles to be used in any manner (i) that would make such Vehicles that are Program Vehicles ineligible for repurchase or sale under the applicable Eligible Vehicle Disposition Program, (ii) for any illegal purposes or (iii) that could subject the Vehicles to confiscation.

  • 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.

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

  • Nonappropriation Agency’s obligation to pay any amounts and otherwise perform its duties under this Grant is conditioned upon Agency receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to meet its obligations under this Grant. Nothing in this Grant may be construed as permitting any violation of Article XI, Section 7 of the Oregon Constitution or any other law limiting the activities, liabilities or monetary obligations of Agency.

  • Rights of entry 4.12.1 The Tenant shall allow the Landlord and its agents, with any necessary contractors and workmen, to enter the Premises at all reasonable times on prior notice (or in the event of an emergency at any time without notice) for any purpose whatsoever including the following:

  • DAMAGE TO GOVERNMENT PROPERTY A. In the event of loss, destruction, or damage to any System Agency or State of Texas owned, leased, or occupied property or equipment by Performing Agency or Performing Agency’s employees, agents, Subcontractors, and suppliers, Performing Agency shall be liable to System Agency and the State of Texas for the full cost of repair, reconstruction, or replacement of the lost, destroyed, or damaged property.

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