– TRANSFER OF EMPLOYEES ON CHANGE OF EMPLOYER Sample Clauses

– TRANSFER OF EMPLOYEES ON CHANGE OF EMPLOYER. 1. In this Article transfer shall mean any sale, lease, transfer or any other transaction between the Company and any other entity, by virtue of which the control over any part of the Company’s business or assets becomes held by such other entity and the Company’s employees become employees of a new employer. 2. The Company recognizes the importance of securing for employees opportunity for continuing employment with the new employer and are committed to using its best efforts in securing such opportunity for employees with the new employer. 3. Prior to the new Company commencing operations, the Company and the new receiving company will define the scope of work, the job classifications involved and the staffing required for each job classification together with employee category. 4. When such information has been gathered, the PWU and the Company will meet to review the staffing requirements and confirm the full-time equivalents together with the affected job classifications. 5. Based upon the step outlined in paragraph 4 above and a current seniority list for the affected employees, an allocation will be made using the rule of “senior choice/junior force”. This joint allocation will determine the staffing complement and employees allocated to the new employer. 6. The PWU and the Company will, prior to a new employer commencing operations, ask those selected employees, employed at the Company, their intention to continue employment with the new employer. The Company and the PWU agree issues may arise with respect to employees who refuse ongoing employment opportunity with the new employer.
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– TRANSFER OF EMPLOYEES ON CHANGE OF EMPLOYER. 1. In this Article, transfer shall mean any sale, lease, transfer or any other transaction between Hydro One and the new employer, by virtue of which the control over any part of Hydro One’s business or assets becomes held by the new employer and Hydro One employees become employees of the new employer. Hydro One recognizes the importance of, securing for employees, opportunity for continuing employment with the new employer and will make all reasonable efforts to secure such opportunity for employees with the new employer. 2. Hydro One will provide the Power Workers’ Union (PWU) with a listing of the positions and number to be transferred to the new employer 60 days prior to the new employer commencing operations (the “Affected Employees”). This listing will specifically identify any employees to be transferred who have previously transferred from an acquired municipal electric utility (MEU) to Hydro One and who have been provided with a period of employment protection, that is still active, as a result of such transfer. At the same time employees who are eligible to retire on or before the transfer date will be notified of their proposed transfer. Prior to the new employer commencing operations as a result of the Agreement referred to in paragraph 1 herein, Hydro One will advise the Affected Employees of their transfer to the new employer. Any Affected Employees seeking to remain at Hydro One instead of transferring to the new employer shall be dealt with under paragraph 6 herein. Such Affected Employees must notify in writing the PWU and Hydro One within seven days of their notification of impending transfer. 3. Effective on the date Hydro One officially provides the PWU with the listing and number of affected positions referred to in 2 above: (a) Subject to paragraph 3(b) herein, an employee who successfully applies for a vacancy in the affected business shall thereafter exercise seniority rights within the affected business and will have no seniority rights enforceable outside the affected business notwithstanding any other provision of the Collective Agreement. (b) Subject to paragraph 2 herein, employees in the affected business may apply for vacancies outside the affected business in accordance with the applicable provisions of the Collective Agreement up to 30 days prior to the scheduled date for closing of the Agreement referred to in paragraph 1 herein, but not thereafter, subject to paragraph 6 herein. 4. PWU represented employees transferred t...
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– TRANSFER OF EMPLOYEES ON CHANGE OF EMPLOYER. 1. In this Article transfer shall mean any sale, lease, transfer or any other transaction between the Employer and any other entity, by virtue of which the control over any part of the Employer’s business or assets becomes held by such other entity and the Employer’s employees become employees of a new employer. 2. The Employer recognizes the importance of securing for employees opportunity for continuing employment with the new employer and are committed to using its best efforts in securing such opportunity for employees with the new employer. 3. Prior to the new Company commencing operations, the Employer and the new receiving company will define the scope of work, the job classifications involved and the staffing required for each job classification together with employee category. 4. When such information has been gathered, the PWU and the Employer will meet to review the staffing requirements and confirm the full-time equivalents together with the affected job classifications. 5. Based upon the step outlined in paragraph 4 above and a current seniority list for the affected employees, an allocation will be made using the rule of “senior choice/junior force”. This joint allocation will determine the staffing complement and employees allocated to the new employer. 6. The PWU and the Employer will, prior to a new employer commencing operations, ask those selected employees, employed at the Employer, their intention to continue employment with the new employer.
Sample 1
– TRANSFER OF EMPLOYEES ON CHANGE OF EMPLOYER. In this Article transfer shall mean any sale, lease, transfer or other transaction between the Company and any other entity, by virtue of which the control over any part of the Company’s business or assets becomes held by such other entity and the Company’s employees become employees of a new employer. The Company recognizes the importance of securing for employees opportunity for continuing employment with the new employer and are committed to using its best efforts in securing such opportunity for employees with the new employer Prior to the new Company commencing operations, the Company and the new receiving company will define the scope of work, the job classifications involved and the staffing required for each job classification together with employee category When such information has been gathered, the and the Company will meet to review the staffing requirements and confirm the full-time equivalents together with the affected job classifications. Based upon the step outlined in paragraph above and a current seniority list for the affected employees, allocation be made using the rule of “senior force”. This joint allocation determine the staffing complement and employees allocated to the new employer. The and the Company will, prior to a new employer commencing operations, ask those selected employees, employed at the Company, their intention to continue employment with the new employer, The Company and the agree issues may arise with respect to employees who refuse ongoing employment opportunity with the new employer.
Sample 1

Related to – TRANSFER OF EMPLOYEES ON CHANGE OF EMPLOYER

  • Transfer of Employment Notwithstanding any other provision ---------------------- herein to the contrary, the Company shall cease to have any further obligation or liability to the Executive under this Agreement if (a) the Executive's employment with the Company terminates as a result of the transfer of his employment to any other Affiliate of the Corporation, (b) this Agreement is assigned to such other Affiliate, and (c) such other Affiliate expressly assumes and agrees to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no assignment had taken place. Any Affiliate to which this Agreement is so assigned shall be treated as the "Company" for all purposes of this Agreement on or after the date as of which such assignment to the Affiliate, and the Affiliate's assumption and agreement to so perform this Agreement, becomes effective.

  • Offer of Employment To the extent a Designated Employee is not party to an employment agreement with a Transferor that is a Transferred Contract, the Transferor Parties shall cooperate with the Acquiring Parties and shall use commercially reasonable efforts to seek to obtain on behalf of the Acquiring Parties the acceptance of an offer of employment by any Designated Employees that the Acquiring Parties may hereafter elect to employ, and the Transferor Parties consent to the Acquiring Parties or any of their respective Affiliates communicating directly with such Designated Employees about offers of employment commencing ten (10) days prior to the Closing Date or such earlier date as the Transferors may agree to in their sole discretion. The Acquiring Parties shall make offers of employment to the Designated Employees on terms and conditions to be determined by the Acquiring Parties, provided that each offer of employment is on terms and conditions substantially similar to, and, considered on an overall basis, no less favorable than the Designated Employee’s terms and conditions of employment with the Transferor Parties. The Acquiring Parties shall recognize each Designated Employee’s service with the Transferring Parties for the purposes of calculating all statutory entitlements and the Acquiring Parties shall assume liability for each Designated Employee’s accrued entitlement to annual leave, long service leave and personal leave. The Transferor Parties agree to release each Designated Employee from his or her employment effective from the date on which the Designated Employee will commence employment with the Acquiring Parties. Each Principal has agreed by his execution of this Agreement to execute and deliver at Closing an employment agreement, substantially in the form attached hereto as Exhibit B (the “Employment Agreement”), to Parent or, if directed by Parent, one of Parent’s Affiliates. Except for obligations to the Transferors, to the Knowledge of the Transferors, the Principals are not obligated under or bound by any agreement or instrument, or any judgment, decree, or order of any court of administrative agency, that (a) conflicts or may conflict with their agreements and obligations to use their commercially reasonable efforts to promote the interests of the Acquiring Parties, (b) conflicts or may conflict with the business or operations of the Acquiring Parties, or (c) restricts or may restrict the use or disclosure of any information that may be useful to the Acquiring Parties. Without regard to whether the Acquiror employs the Principals or the Designated Employees, the Transferors shall be solely responsible for all outstanding payments due to the Principals and the Designated Employees under their existing terms of employment with the Transferors (including but not limited to salary, severance obligations or any other payment, except as otherwise provided for in this Section 5.4) through the Closing Date and the Transferor Parties acknowledge and agree that none of the Acquiring Parties shall assume or in any fashion be bound by any employment Contract between a Transferor and the Principals or a Designated Employee.

  • Transfer of Employees At least three (3) regular work days' notice shall be given to the Union and the employees before workers are transferred from one reporting headquarters to another reporting headquarters. Upon failure to give three (3) days' notice, as stated above, the Employer shall pay one (1) additional day's subsistence for each day notice is not given, as defined in paragraph 5.2 to the existing shop headquarters. Where such penalty is applicable, it shall be based upon the headquarters from which the employee is being transferred. The notice of transfer required by this Section to be given to the Union shall be in writing to the Local Union's Business Office. The postmark date of such letter shall govern compliance. If the transfer is the result of the employee's request made through his/her Xxxxxxx or if no Xxxxxxx is available, the Business Representative, the reimbursement shall be waived.

  • Separation of Employment (a) If an employee is discharged he shall be paid in full for all monies owing him on the date of his discharge. If an employee quits the Employer may withhold payment for five (5) calendar days. (b) The Employer shall give a Record of Employment Certificate to any employee who separates from employment for at least seven (7) days for any reason within five (5) days of the last day worked, or terminates.

  • Termination of Employment Change of Control (a) For purposes of the grant hereunder, any transfer of employment by the Grantee among the Company and its Subsidiaries shall not be considered a termination of employment. Any change in employment that does not constitute a “separation from service” within the meaning of Section 1.409A-1(h) of the Treasury Regulations (or any successor provision) shall not be considered a termination of employment. Any change in employment that does constitute a “separation from service” within the meaning of Section 1.409A-1(h) of the Treasury Regulations (or any successor provision) shall be considered a termination of employment. (b) If the Grantee dies or terminates employment due to Disability (as defined in the last Section hereof), all RSUs shall immediately vest, be converted into shares of Common Stock and be distributed to the Grantee within 30 days of the date of such termination; provided, however, that if the Grantee is a “specified employee” within the meaning of Section 409A(a)(2)(B)(i) of the Internal Revenue Code of 1986, as amended (the “Code”) as of the date of such termination, all RSUs shall immediately vest but shall not be converted into shares of Common Stock and distributed to the Grantee until the earlier of (i) the date which is six months after the date of the Grantee’s termination of employment and (ii) the date of the Grantee’s death. If the Grantee’s employment with the Company terminates due to the Grantee’s Retirement (as defined in the last Section hereof), all RSUs shall continue to vest (and be converted into an equivalent number of shares of Common Stock that will be distributed to the Grantee) in accordance with Section 3 above. If the Grantee dies during the three year period immediately following the Retirement of the Grantee, then all RSUs shall immediately vest, be converted into shares of Common Stock and be distributed to the Grantee’s personal representative within 30 days of the date of such death. (c) Subject to Section 4(d), if the Grantee’s employment terminates for any reason other than death, Disability or Retirement, the Grantee shall forfeit all RSUs. (d) Notwithstanding any other provision contained herein or in the Plan, in the event of a Change in Control (as defined in the last Section hereof) or of the termination of this Agreement within twelve months of a complete liquidation or dissolution of the Company that is taxed under Section 331 of the Code, all RSUs shall immediately vest, be converted into shares of Common Stock and be distributed to the Grantee within 30 days of the date of such event or (in the event of a complete liquidation or dissolution of the Company) as soon as administratively practicable thereafter.

  • Location of Employment The Executive's principal place of business shall continue to be at the Company's headquarters to be located within thirty (30) miles of Doylestown, Pennsylvania; provided, that the Executive acknowledges and agrees that the performance by the Executive of his duties shall require frequent travel including, without limitation, overseas travel from time to time.

  • Termination of Employment; Change in Control (i) For purposes of the grant hereunder, any transfer of employment by the Optionee among the Corporation and the Subsidiaries shall not be considered a termination of employment. Except as set forth below in this Section 4(c)(i), if the Optionee's employment with the Corporation shall terminate for any reason, (a) the Option (to the extent then vested) may be exercised at any time within ninety (90) days after such termination (but not beyond the Term of the Option) and (b) the Option, to the extent not then vested, shall immediately expire upon such termination. Notwithstanding the foregoing, (a) if the Optionee's employment with the Corporation is terminated for Cause (as defined in the last Section hereof), the Option, whether or not then vested, shall be automatically terminated as of the date of such termination of employment, (b) if the Optionee's employment terminates by reason of Retirement, the termination of the Optionee's employment by the Company other than for Cause, or the termination of the Optionee's employment by the Optionee for Good Reason (as defined in the last Section hereof), the Option shall remain exercisable for three years from the date of such termination of employment (but not beyond the Term of the Option) and (c) if the Optionee dies or becomes Disabled (A) while employed by the Corporation or (B) within 90 days after the termination of his or her employment (other than a termination described in clause (a) or (b) of this sentence), the Option may be exercised at any time within one year after the Optionee's death or Disability (but not beyond the Term of the Option). (ii) If the Optionee's employment terminates by reason of death, Disability, Retirement, the termination of the Optionee's employment by the Company other than for Cause, or the termination of the Optionee's employment by the Optionee for Good Reason, the Option shall become fully and immediately vested and exercisable. In the event of a Change in Control (as defined in the last Section hereof), the Option shall immediately become fully vested and exercisable.

  • End of Employment If the employment of an employee who is eligible for the bonus ends before annual payment of the bonus, then 1/12 of the sum that was last paid to the employee in seniority bonus shall be paid to the employee at the time of the final wage payment for each month for which the employee has earned annual holiday as of the start of the preceding December.

  • Scope of Employment (a) During the Term of Employment, the Executive shall be responsible for the performance of those duties consistent with the Executive’s position as General Counsel, in addition to such other duties as may from time to time be assigned to the Executive by the Company. The Executive shall report to the Chief Executive Officer of the Company and shall perform and discharge faithfully, diligently, and to the best of the Executive’s ability, the Executive’s duties and responsibilities hereunder. (b) The Executive agrees to devote the Executive’s full business time, best efforts, skill, knowledge, attention and energies to the advancement of the business and interests of the Company and to the performance of the Executive’s duties and responsibilities as an employee of the Company; provided that the Executive may (i) engage in charitable, educational, religious, civic and similar types of activities and (ii) serve on the board of directors of for-profit business enterprises, provided that in each case such service is approved by the Company’s Board of Directors (the “Board”) prior to commencement thereof in the Board’s sole discretion and only to the extent that such activities are not competitive with the business of the Company and do not individually or in the aggregate inhibit, interfere with, or prohibit the timely performance of the Executive’s duties hereunder, and do not create a potential business or fiduciary conflict. The Executive agrees to abide by the rules, regulations, instructions, personnel practices, and policies of the Company, as well as any applicable codes of ethics or business conduct, and any changes therein that may be adopted from time to time by the Company. (c) The Executive represents and warrants to the Company that the Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with the Executive’s obligations under this Agreement. In connection with the Executive’s employment hereunder, the Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which the Executive or any other person or entity has any right, title or interest, and Executive’s employment with the Company will not infringe or violate the rights of any other person or entity. The Executive represents and warrants to the Company that the Executive has returned all property and confidential information belonging to any prior employer.

  • Employment of Employee (a) Except as provided in Sections 2(b), 2(c) and 2(d), nothing in this Agreement shall affect any right which Employee may otherwise have to terminate Employee's employment, nor shall anything in this Agreement affect any right which the Company may have to terminate Employee's employment at any time in any lawful manner. (b) In the event of a Potential Change in Control, to be entitled to receive the benefits provided by this Agreement, Employee will not voluntarily leave the employ of the Company, and will continue to perform Employee's regular duties and the services specified in the recitals of this Agreement until the Change in Control Date. Should Employee voluntarily terminate employment prior to the Change in Control Date, this Agreement shall lapse upon such termination and be of no further force or effect. (c) If Employee's employment terminates on or after the Change in Control Date, the Company will provide to Employee the payments and benefits as provided in Sections 3 and 4. (d) If Employee's employment is terminated by the Company prior to the Change in Control Date but on or after a Potential Change in Control Date, then the Company will provide to Employee the payments and benefits as provided in Sections 3 and 4 unless the Company reasonably demonstrates that Employee's termination of employment neither (i) was at the request of a third party who has taken steps reasonably calculated to effect a Change in Control nor (ii) arose in connection with or in anticipation of a Change in Control. Solely for purposes of determining the timing of payments and the provision of benefits in Sections 3 and 4 under the circumstances described in this Section 2(d), Employee's date of termination shall be deemed to be the Change in Control Date.

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