Order of Termination in connection with Cutbacks and Rehiring Sample Clauses

Order of Termination in connection with Cutbacks and Rehiring. The local parties shall, upon reductions of personnel, evaluate the staffing requirements and demands of the company. If these needs cannot be fulfilled by application of the law, the order of termination shall be determined by departing from the provisions of the law. The local parties shall make a selection of the employees to be given notice so that particular account is taken of the company's need for competence as well as of its ability to engage in competitive business activities and thus provide continued employment. Decisive factors to take into account include existing long-term contracts or specific competence for the assignment. The competence of the employees, the competence required and direction shall be taken into account. The market situation and other circumstances that affect the future direction and operations of the company shall also be taken into account. It is assumed that the local parties will, upon the request of either party, reach an agreement on the determination of the order of termination by application of § 22 of the Employment Protection Act, and such departures from the act as are required. The local parties may also depart from the provisions of §§ 25-27 of the Employment Protection Act when reaching agreement on the order of rehiring. The same criteria as above shall apply to this. The local parties are upon request to engage in negotiations on the order of termination and rehiring and to confirm any agreements made in writing. If the local parties cannot agree, the central organisations may, should either party so request, reach an agreement in accordance with the above guidelines. It is assumed that the employer will provide the local or the central counterpart with relevant documentation prior to negotiating issues referred to in 13.5.
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