Subclause. (2) of clause 10 of the said Agreement is amended by adding to paragraph (f) thereof the following passage “and that the Company shall have the entire control of such use and that no personnel other than personnel provided or approved by the Company shall be utilised for or in respect of such use”.
Subclause. (1) of clause 3 of the 1956-1961 Agreement is amended as follows: —
Subclause. (2) Where the part-time employee works beyond the normal working time of the employee concerned, such additional hours shall be paid for at the employee's normal hourly rate.
Subclause. 50.2 above will not apply when overtime is continuous with the completion or commencement of that Employee's rostered shift.
Subclause. (i) of Section 5.04(c) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Subclause. (3) of clause 12 of the said Agreement is amended by inserting after the passage “excess of Five million (5,000,000) tons” in paragraph (a) thereof the passage “unless prior to year 10 the Minister shall have approved the Company entering into a contract or contracts for the export of iron ore at an annual rate in excess of five million (5,000,000) tons”.
Subclause. (iii) in the first paragraph of Section 6.1 of the Agreement shall be deleted in its entirety and the following new subclause (iii) in the first paragraph of Section 6.1 shall be substituted in lieu therefore:
Subclause. (a) above shall not oblige any Creditor Party to do anything, and Subclause (a) (iii) above shall not oblige any other party to a Finance Document to do anything, which would or might in its reasonable opinion constitute a breach of any law or regulation, any policy of that Creditor Party, any fiduciary duty or any duty of confidentiality.
Subclause. 7 Unused clause 10 a holiday is not paid on resignation. Subclause 8 The parties to the agreement are obliged to promptly take this provision up for renegotiation when the new holiday act has been adopted. If agreement cannot be reached, the provision lapses by the entry into force of new holiday law at the latest. Clause 11 Time off Subclause 1 Christmas Eve (Dec. 24) and New Year’s Eve (Dec. 31) are paid holidays. Subclause 2 The company and the employee may agree on unpaid leave. Clause 11a Senior employee scheme Subclause 1 The employee may enter into a senior scheme as from five years before the current retirement age for the employee. If the employee wishes to take senior days off, he or she can do so by converting the current pension contribution if, and to the extent that the pension scheme allows. Alternatively, instead of senior days off the employee and the employer may agree on worktime reduction for example in the form of longer continuous work-free periods or fixed reduction in weekly working hours. Continuous pension contributions are understood as a combination of the employer's and the employee's own contribution. The maximum conversion of the pension contribution must allow for sufficient coverage of insurance schemes and management costs. The conversion does not change the existing collective agreement basis and is thus cost-neutral for the employer. The provision will enter into force on March 1, 2017; however, the employee cannot take senior days off until the holiday year 2017-2018.
Subclause. 9 The employer and the employee may enter into an agreement on 37 effective weekly working hours against a 6.75% increase of the total pay. A 29-minute daily lunchbreak is paid by the employee. Subclause 10 The employer and the employee may enter into an individual agreement on a number of weekly hours that is higher than the collective agreement’s normal 37 weekly working hours, but is no more than 42 hours (plus-hour agreement). The plus-hour scheme must meet both the employees' and the companies' need for more flexible working hours during limited periods. The scheme for the employee is individual, voluntary and non-permanent. Thus, it is not the intention that the scheme should lead to the general introduction of a weekly standard that is different from 37 hours, neither in the collective agreement area nor on the individual company. The individual agreement is for a limited period of maximum one year. If a new limited period is not agreed, the individual plus-hour agreement is automatically discontinued, and the employee returns to the degree of employment that applied before entering into the plus-hour agreement. An individual agreement on plus hours can be terminated by both employee and employer at the notice of the Employers’ and Salaried Employees’ Act (Funktionærloven) to the end of a month. After expiry of the notice, the employee returns to the level of employment that applied before the plus-hour agreement. Termination of a plus-hour agreement is not considered a significant change to the employment relationship. In companies with elected trade union representatives, local agreement can be entered into on the framework for plus-hour agreements, which depart both from the time limit of one year and from the notice of the Employers’ and Salaried Employees’ Act so that plus-hour agreements can be terminated individually at shorter notice. The total pay including any bonuses must be raised proportionally based on the agreed number of hours in the way that each plus hour releases a corresponding hourly pay. The increased salary is also paid during absence that entitles pay. An employee who is dismissed from his or her job is entitled to return to his or her former level of employment three months before the time of dismissal if he or she so wishes.
