THE EMPLOYEES person(s) nominated by the Employee(s) (e.g. Union or other representative, such as Employee HSRs). The Nominated Parties agree that the representatives will be entitled to enter the workplace for the purposes of:
54.4.1 inspecting any work system, plant, substance, structure or other thing relevant to resolving the issue;
54.4.2 consulting with relevant Employees in relation to resolving the issue;
54.4.3 consulting with the relevant PCBU (as defined by the WHS Act) about resolving the issue;
THE EMPLOYEES. 11.1 The Seller and the Purchaser acknowledge and agree that the sale and purchase pursuant to this Agreement will constitute a relevant transfer of business for the purposes of Chapter 1 Section 10 of the Transfer Regulations.
11.2 The Employees employed by the Seller at Completion will in accordance with Chapter 1 Section 10 of the Transfer Regulations transfer to the Purchaser on unchanged terms of employment.
11.3 All employer liabilities relating to the Employees (the "Employer Liabilities") accrued but unpaid or unsettled at Cut-Off Date, whether contractual or statutory in nature, shall be the liability of the Seller.
11.4 The Seller undertakes to the Purchaser (for itself and as trustee for all other possible owners for the time being of the whole or any part of the Business and/or the Assets)
11.4.1 by 31 August 2001 to deliver to the Purchaser a computation (the "Employer Liability Computation") of any Employer Liabilities due at Cut-Off Date but not yet paid and discharged by the Seller;
11.4.2 within thirty (30) days from the date of actual payment by the Purchaser to the Employee(s), to pay to the Purchaser any Employer Liability by the Employer Liability Computation at Cut-Off Date demonstrated to be outstandingly unpaid and undischarged at Completion and thereafter paid by the Purchaser; and
11.4.3 as and when due, promptly upon the Purchaser's first demand, to pay and discharge to the Purchaser any Employer Liability not earlier settled to the Purchaser in accordance with this Clause 11.4.2 above.
11.5 The Purchaser will fully indemnify and keep indemnified the Seller's Group in respect of any failure by the Purchaser to provide information to the Seller (which it was legally obliged to provide) so as to permit the Seller's Group to meet their obligations under the Transfer Regulations.
11.6 The Seller agrees to compensate the Purchaser for actually paid severance payments and dismissal costs related to the Specified Employees provided that the Purchaser follows the Seller's instructions.
THE EMPLOYEES laid off shall have the option of bumping into any position held by the last twelve senior staff within the affected classification provided that the laid off employee is more senior than the employee being bumped. This bumping shall preserve the laid off employee’s work hours or the greatest portion thereof but will not result in the laid off employee gaining work hours. In the event that this bumping cannot preserve the employee’s work hours the employee can bump the least senior employee within the unit, from any classification where the employee can preserve the largest portion of work hours, provided the laid off employee has more seniority than the employee bumped, and is presently able to do the core of the job. In the event the employee bumps to a new classification the employee shall be paid on the pay scale of the new classification at the experience step that is the closest to the pay rate of the employee’s previous position.
THE EMPLOYEES. 2.5.1 The Sellers warrant that to the best of their knowledge, they have acted and shall act until the Cutoff Date in accordance with all laws and that they have employed and shall employ (until the Cutoff Date) all of the Assimilated Employees under employment agreements that are consistent with the requirements of the law, and that they have fulfilled and/or shall complete all of their obligations to the Assimilated Employees by the Cutoff Date, and shall pay the Assimilated Employees all conditions, sums, benefits and rights owed to them with respect to their employment by the Sellers by law and/or agreement by the Cutoff Date, in a manner that is consistent with the labor laws (including collective agreements and/or extension orders, if applicable to the Sellers) and/or custom, including with respect to withholding tax and tax payments and with respect to social provisions, and including with respect to any other special condition or conditions and additional bonuses owed to the them and any and all financial entitlements of any and all kinds whereto any of the Employees may be entitled by law and/or agreement. The Sellers do not know of any claims and/or demands by the Assimilated Employees in respect of the period of their employment until the date of signing of this Agreement, and to the best of the Sellers' knowledge no such claims are expected in respect of the period ending on the Cutoff Date. All of the Sellers' agreements with the Assimilated Employees in the Acquired Operation, whether in writing, orally or by virtue of the law, are enumerated in Annex 2.5.1 to this Agreement, and there are no additional understandings and/or arrangements and/or promises and/or covenants of any and all kinds, in writing or orally, which were made or concluded between the Sellers and any of the Assimilated Employees in the Acquired Operation. Copies of the agreements with the Assimilated Employees and the last pay slip of each of them are attached to this agreement as Annex 2.5.1 and constitute an additional and integral representation by the Sellers in the framework of this Agreement. Except for the agreements with the Sellers' Employees, there are no employment agreements in the Acquired Operation whereto the Sellers are a party.
2.5.2 All of the Assimilated Employees, their job descriptions and personal employment conditions (including seniority and social benefits) are enumerated in Annex 2.5.2 to this Agreement. Additionally, Annex 2.5.2 includes, with res...
THE EMPLOYEES. The employment of the affected employees will be transferred in accordance with the rules and regulations in the Employment Protection Act and other relevant labour legislation. The principle of merger of equals shall be reflected in connection with the appointment of positions and assignment of duties. To the extent seniority is emphasised in such or any other situation, seniority in the Hydro Group and the Statoil Group respectively shall be considered equal in the Merged Company. Moreover, the Parties will attach importance to providing information to and to consult with the employees and their representatives in connection with the execution of the Merger.
THE EMPLOYEES. The Employees agree to:
i. comply with all safety rules and requirements of the plant and identify and report all incidents and risks.
ii. a personal commitment to participate in the process of improvement to all aspects of the enterprise’s operation, for example: a Health & Safety b Quality c Service d Housekeeping and cleanliness e Productivity and effectiveness f Product and process innovation g Team working and problem solving h Waste reduction
iii. continue to ensure their work is done responsibly and with care.
iv. be proactive in the identification and reduction of hazards across the site.
v. seek solutions rather than problems and be positive in approaching all matters.
vi. maintain a high standard of behaviour particularly in regard to attendance, punctuality, and relations with others.
vii. be prepared to work throughout the plant, carry out the “whole job” including incidental and peripheral tasks across the range of all machines, equipment, and processes for which they have been trained.
viii. be loyal to the Company and its goals, total integrity in all aspects of job performance and an honest effort to do the job better.
ix. obtain authorisation/permission from their Leading Hand or Supervisor in order to leave their workstation.
x. Employees will be proactively engaged in Laminex’s Manufacturing Excellence program which is designed to support continuous improvement in uptime, recovery, and other relevant productivity indicators. Employees acknowledge that Laminex will develop a range of relevant KPI’s and will communicate and educate Employees on the importance of such KPI’s to the performance of the plant so as to achieve increased Employee confidence in the value of such KPI’s and with the intent of having such KPI’s.
THE EMPLOYEES. (a) are all employed to work in the conduct of the Business; and
(b) are the only persons employed as employees to work in the conduct of the Business.
THE EMPLOYEES. 10.1 The parties agree that the sale pursuant to this Agreement will constitute a relevant transfer for the purposes of TUPE and, accordingly, the Seller agrees that it will not terminate the contracts of employment of any of the Employees, which shall be transferred to the Buyer pursuant to TUPE with effect from the Effective Time.
10.2 The parties agree to use reasonable endeavours to comply with their respective obligations under TUPE to inform and consult with the appropriate representatives of the Employees.
10.3 The Seller undertakes to the Buyer:
(a) that it has complied with and shall, up to Completion, comply with all of its statutory and contractual obligations due to or in connection with the Employees or any body representing them;
(b) that it has paid and shall pay all sums due and payable in relation to the Employees up to the Effective Time (whether arising under common law, statute or contract) including all remuneration, expenses, national insurance and pension contributions, liability to Taxation and other sums payable in respect of any period up to the Effective Time;
(c) that is shall not knowingly communicate any incorrect or misleading information to any Employee (or his representative) regarding the transfer or the terms and conditions of employment or working conditions what will apply to the Employees after Completion;
(d) that it shall use all reasonable endeavours to assist the Buyer in procuring that any freelancers, causal workers, contractors or agency workers working in or providing services to the Business whom the Buyer indicates it wishes to retain following Completion, agree to enter into new contracts with or continue to provide their services to the Buyer following Completion;
(e) that it has complied and shall comply in all respects with its obligations under regulation 11 and 13 of TUPE to the extent that they arise in the context of the transaction contemplated by this Agreement; and
(f) to fully indemnify and hold the Buyer harmless against all Demands (including reasonable legal and other professional fees and expenses) which the Buyer may suffer, sustain or incur arising from or in connection with:
(i) any failure by the Seller to comply with its obligations under TUPE or this clause 10.3 to the extent that such obligations arise in the context of the transaction contemplated by this Agreement save to the extent the failure is as a result of the Buyer’s failure to comply with its obligations under TUPE; and
(ii) a...
THE EMPLOYEES. 10.1 The parties agree that the sale pursuant to this agreement will constitute a relevant transfer for the purposes of TUPE and, accordingly, that it will not terminate the contracts of employment of any of the Employees, which shall be transferred to LECG pursuant to TUPE with effect from the Completion Date.
10.2 Bourne LLP warrants and undertakes (as the case may be) to LECG that it has:
