THE EMPLOYEES Sample Clauses
The "THE EMPLOYEES" clause defines the rights, responsibilities, or status of employees under the agreement. It typically outlines which individuals are considered employees for the purposes of the contract, may specify their roles, and can address matters such as confidentiality, conduct, or eligibility for benefits. This clause ensures clarity regarding who is covered by the agreement and helps prevent disputes about employee status or obligations.
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THE EMPLOYEES. Subject to the requirements of section 201(2) of the Act being met, the following organisations will be covered by this Agreement:
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. 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 parties agree that no employees are affected by this Agreement.
THE EMPLOYEES. 23.1 The parties agree that the sale and purchase pursuant to this deed constitutes a relevant transfer for the purposes of TUPE and/or Article 44.2 of the Workers’ Statute and that it will not operate so as to terminate the contracts of employment of any of the Employees. Such contracts shall be transferred to the Buyer pursuant to TUPE or the Workers’ Statute, as the case may be, with effect from the Effective Time.
23.2 Subject to the matters permitted by Schedule 19, each Seller undertakes to the relevant Buyer, in respect of itself only, that, so far as it is aware:
23.2.1 it has complied in all material respects with, and shall up to and including the Effective Time comply in all material respects with, all of their material obligations due to or in connection with the Employees or any recognised body representing them;
23.2.2 it has paid and shall pay all sums due to or in relation to the Employees in respect of the period up to and including the Effective Time (whether arising under common law, statute, equity or otherwise) including all salaries, wages, employee bonus or commission, expenses, National Insurance and pension contributions and liability to Taxation in respect of the period up to and including the Effective Time;
23.2.3 it has complied and shall comply in all material respects with their material obligations under regulation 11 of TUPE or Article 44.6 of the Workers’ Statute;
23.2.4 it has complied and shall comply in each case in all material respects with regulation 13 of TUPE and Part IV of TULRCA or Article 44.8 of the Workers’ Statute (and that they have provided and shall provide to the Buyer such information as the Buyer may reasonably request in writing in order to verify such compliance);
23.2.5 it has not terminated and shall not terminate or take any steps to terminate the employment of any of the Employees without the prior written consent of the Buyer, save where there has been gross misconduct justifying summary dismissal or in accordance with the previous practice of the Sellers;
23.2.6 it has not transferred and shall not transfer any of the Employees from working within the Business or the Resort Solutions Business, it has not intentionally induced and shall not intentionally induce any Employee to resign their employment in the Business or the Resort Solutions Business, and it has not agreed and shall not agree to transfer any Employee from the Business (without the prior written consent of the Buyer); and
23.2.7 it ...
THE EMPLOYEES. The provisions of Schedule 19 (The Employees) shall have effect as if set out in this Clause 10.
THE EMPLOYEES. The Parties acknowledge and agree that CCC’s Staff involved directly or indirectly in the provision of the Delegated Activities will remain employed by CCC, and that the provisions of the TUPE are not relevant and shall not apply to this Agreement.
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.