TRANSFER OF WORKERS. In the case of Transferred WORKERS, the TRANSFERRING EMPLOYER and the RECEIVING EMPLOYER agree that:
TRANSFER OF WORKERS. In the case of transferred workers, the TRANSFERRING EMPLOYER and RECEIVING EMPLOYER agree that:
1. For a WORKER transfer to take place:
a. The WORKER does not need to seek a new work permit, provided the WORKER has a valid work permit and has not completed eight (8) months of employment.
b. The RECEIVING EMPLOYER must be a SAWP EMPLOYER with a positive transfer LMIA received in writing from ESDC/SERVICE CANADA prior to the transfer of the WORKER.
c. All PARTIES, including the WORKER, TRANSFERRING EMPLOYER, RECEIVING EMPLOYER and GOVERNMENT AGENT must agree to the transfer and to document the transfer.
2. In the case of a TRANSFERRED WORKER, the term of employment shall consist of a cumulative term of not less than 240 hours.
3. The RECEIVING EMPLOYER shall be provided by the SENDING EMPLOYER at the time of transfer an accurate record of working hours accumulated to date, of earnings, and deductions to the date of transfer, noting that the record needs to clearly state what, if any, deductions can still be recovered from the WORKER.
4. Following completion of the seven (7) day trial period and no later than ten (10) days of employment, the RECEIVING EMPLOYER will provide the GOVERNMENT AGENT with written confirmation of the name(s), identity code(s), actual date of transfer and anticipated end date of employment for all TRANSFERRED WORKERS. In addition, the RECEIVING EMPLOYER and TRANSFERRED WORKER should be signing a new contract. EMPLOYERS in Ontario, Quebec, and Atlantic Canada will provide this information to their designated Third Party.
5. The GOVERNMENT AGENT is responsible for notifying the supplementary medical insurance company of the worker transfer.
TRANSFER OF WORKERS. In the case of TRANSFERRED WORKERS, the TRANSFERRING EMPLOYER and the RECEIVING EMPLOYER agree that:
1. The term of employment shall consist of a cumulative term of not less than 240 hours.
2. For a WORKER transfer to take place:
a. The WORKER does not need to seek a new work permit, provided the WORKER has a valid work permit and has not completed eight (8) months of employment.
b. The RECEIVING EMPLOYER must be a SAWP EMPLOYER with a positive LMIA received in writing from ESDC/Service Canada prior to the transfer of the WORKER.
c. All PARTIES, including the WORKER, TRANSFERRING EMPLOYER, RECEIVING EMPLOYER and GOVERNMENT AGENT in Canada must agree to the transfer, and must be documents and signed by all applicable PARTIES.
3. At the time of transfer, the TRANSFERRING EMPLOYER will provide the RECEIVING EMPLOYER with an accurate record of working hours accumulated to date, earnings, and deductions up to the date of transfer, and clearly state which deductions, if any, may still be recovered from the WORKER. The RECEIVING EMPLOYER may continue to deduct expenses associated with the program, starting from the aggregate amount deducted by the FIRST EMPLOYER, without exceeding the amounts indicated in Section 8, clause 5.
4. The RECEIVING EMPLOYER shall give the WORKER a trial period of seven (7) actual working days from the date of his arrival at the place of employment. Effective the eighth working day, such a WORKER shall be deemed to be a named WORKER. Further, following completion of the trial period, the RECEIVING EMPLOYER agrees to pay the travel agent in advance the cost of one-way air transportation of the WORKER’s return trip as between Kingston, Jamaica and Canada.
5. Following completion of the trial period of employment by the WORKER, the EMPLOYER, after consultation with the GOVERNMENT AGENT, shall be entitled to prematurely cease the WORKER’s employment for reasons of non-compliance, refusal to work, or any other sufficient reason. Failing any attempts to transfer the WORKER to an alternative EMPLOYER and at the WORKER’s request to return home, the cost of the WORKER’s return trip between Kingston, Jamaica and Canada shall be paid by the RECEIVING EMPLOYER.
6. In the case of a double transfer, the ORIGINAL EMPLOYER will be responsible for paying the cost of the WORKER’s return airfare from Canada to Kingston, Jamaica.
7. If a TRANSFERRED WORKER is not suitable to perform the duties assigned by the RECEIVING EMPLOYER within the seven-day trial p...
TRANSFER OF WORKERS. Notwithstanding Clause 8.7, during the period commencing on the Closing Date and expiring on the date which is two (2) years following the Closing Date (the “Non-Solicit Period”), the Buyer may request that any Worker of the Seller Group who is solely associated with the Acquired Business as of the date of this Agreement or the Closing Date and whose engagement is required to ensure the Acquired Business’ ability to operate in the ordinary course of business, be transferred to the Buyer Group, subject to ordinary course attrition of Workers and subject to agreement with each individual Worker, if so required under applicable law. If and to the extent the relevant Worker’s agreement is required in relation to such transfer, the Seller shall facilitate the relevant discussions between the relevant Worker and the Buyer Group. If following such discussions the Worker does not wish to be transferred to the Buyer Group, the Seller’s obligations under this Clause 8.6 in respect of such Worker shall be deemed fully discharged.
