TUPE and Employees Sample Clauses

TUPE and Employees. 14.1. The Service Provider shall, in the event of the Contract being re- tendered for whatsoever reason, supply to E-ACT any information it may lawfully require pursuant to TUPE. 14.2. In the event of E-ACT and the Service Provider proceeding under or in relation to this Contract on the basis that TUPE does not apply the Service Provider shall indemnify and keep indemnified E-ACT from and against each and every cost, claim, liability, expense or demand arising out of: 14.2.1. Any claim or allegation by a transferring employee that TUPE applies and that as a consequence there has been or will be a substantial change in such transferring employee’s working conditions to his/her detriment; 14.2.2. Any act or omission of the Service Provider in relation to any transferring employee occurring on or after the Commencement Date and any claim for redundancy payments or protective awards and any liability for wrongful dismissal or unfair dismissal or otherwise in connection with the transfer of the employment of the transferring employees to the Service Provider; 14.2.3. Any failure by the Service Provider to provide broadly comparable retirement benefits for or in respect of any transferring employees as such persons would have been entitled to immediately before the Commencement Date; 14.2.4. Any failure by the Service Provider to provide full and accurate information which is required by E-ACT to enable E-ACT to discharge its statutory duties and obligations 14.3. During the final year of the Contract Period, the Service Provider on receiving written notice, shall supply E-ACT with the terms and conditions of employment and such other relevant details as it shall reasonably require of all the Service Provider’s employees working on the Contract and who might be the subject of a transfer under TUPE so as to enable E-ACT to disclose the same to subsequent tenderers on letting this Contract for a further term.
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TUPE and Employees. Relevant Transfers The Authority and the Contractor agree that the following events:
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TUPE and Employees. Transfer of Previous Contractor Transferring Employees from a Previous Contractor 2.1 If, as a result of the Contractor providing the Services to the Authority under this Contract, TUPE applies such that there is a Relevant Transfer of Previous Contractor Employees from the Previous Contractor to the Contractor or to any Employing Sub-Contractor (but not otherwise), paragraphs 2.2 to 2.12 shall apply. 2.2 Subject to paragraph 2.5 (Transfer of Employees from a Previous Contractor) the Contractor shall on the Relevant Transfer Date become the employer of the Previous Contractor Transferring Employees and all of the Previous Contractor’s rights, duties, powers, liabilities and obligations in respect of any contract of employment with the Previous Contractor Transferring Employees still in force immediately before the Relevant Transfer Date (including but not limited to collective agreements with recognised unions) shall transfer to the Contractor and the Contractor shall comply with all the requirements and obligations which TUPE, Transfer of Employment (Pension Protection) Regulations 2005 (where applicable), or any successor legislation or any Employment Codes of Practice or other relevant Government guidance imposes on a transferee both before and after a Relevant Transfer. 2.3 Subject to paragraph 2.5 (Transfer of Employees from a Previous Contractor) the Authority shall use reasonable endeavours to ensure that all salaries and other emoluments (but excluding leave entitlement) including tax and national insurance payments, contributions to retirement benefit schemes, allowances, expenses and bonus and commission payments relating to the Previous Contractor Transferring Employees and appertaining to the period up to the Relevant Transfer Date shall be borne by the Previous Contractor. All salaries and other emoluments relating to the Previous Contractor Transferring Employees and appertaining to the period from and including the Relevant Transfer Date shall be borne by the Contractor. 2.4 In the event that the Contractor does not commence provision of the Services on the date specified in the Contract as the Service Commencement Date , the Contractor shall be liable to the Authority and to the Previous Contractor for all costs and liabilities incurred in respect of the employment by the Previous Contractor of the Previous Contractor Transferring Employees during the period between the date specified in the Contract as the Services Commencement Date and th...
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TUPE and Employees. 22 The Parties shall comply with the provisions of Schedule 11 (TUPE, Employees and Pensions).
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TUPE and Employees. The Council and the Provider agree that the following events:
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TUPE and Employees 
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Related to TUPE and Employees

  • Employees and Employee Benefits (a) Parent agrees that, subject to any necessary transition period and subject to any applicable plan provisions and Legal Requirements, and except in the case of a benefit normally covered by an insurance program not being covered by insurance or in the case that any of the following would result in a duplication of benefits: (i) all employees of the Acquired Corporations who continue employment with Parent, the Surviving Corporation or any Subsidiary of the Surviving Corporation after the Effective Time (“Continuing Employees”) shall be eligible to participate in Parent’s health, vacation, 401(k) and severance plans, to substantially the same extent as similarly situated employees of Parent (including the waiver of limitations as to pre-existing conditions exclusions, except to the extent not waived under Company Benefit Plans); and (ii) for purposes of determining a Continuing Employee’s eligibility to participate in such plans and for purposes of vesting and benefit accrual, such Continuing Employee shall receive credit under such plans to the extent of the amount credited on the basis of such service was credited under the corresponding Company Benefit Plan as in effect immediately prior to the Effective Time. Nothing in this Section 5.5(a) or elsewhere in this Agreement shall be construed to create a right in any employee of any of the Acquired Corporations to employment with Parent, the Surviving Corporation or any Subsidiary of the Surviving Corporation, and the employment of each Continuing Employee shall be “at will” employment. Except for Indemnified Representatives (as defined in Section 5.6) to the extent of their respective rights pursuant to Section 5.6, no Company Associate or Continuing Employee shall be deemed to be a third party beneficiary of this Agreement. (b) The Company shall not take or permit to be taken any action to terminate any employee benefit plan sponsored by any of the Acquired Corporations (or in which any of the Acquired Corporations participates) that contains a cash or deferred arrangement intended to qualify under Section 401(k) of the Code; provided, however, that if so directed in writing by Parent no later than three days prior to the Effective Time, the Company shall terminate, effective no later than the day immediately prior to the Effective Time, any such employee benefit plan. (c) If the Company obtains knowledge of the possible resignation or other possible termination of employment of any individual employed by the Company or any of the other Acquired Corporations, then the Company shall promptly notify Parent in writing of such possible resignation or other possible termination of employment.

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