Common use of Where Applicable Clause in Contracts

Where Applicable. 1. Retrogression shall apply where a regular employee becomes unable to perform the duties of a job for which he/she is receiving the standard rate and is transferred to a lower-rated job because of: (a) A disability caused by accident or illness. (b) Inability to cope with increased responsibility due to change in job content. (c) Where the unsatisfactory performance is due to faulty selection and the employee has served in the position for a period of at least one (1) year. Any retrogression for medical reasons is subject to ratification by the Company appointed Physician. 2. Retrogression shall not apply where: (a) An employee has less than ten (10) years' established service credit. (b) The change to the lower-rated job is made at the request of the employee to escape heavy work or responsibility or for personal reasons. (c) The change to the lower-rated job is made necessary for unsatisfactory job performance due to causes other than in Section 4.1(1.).

Where Applicable. 1. Retrogression shall apply where a regular employee becomes unable to perform the duties of a job for which he/she is receiving the standard rate and is transferred to a lower-rated job because of: (a) A disability caused by accident or illness. (b) Inability to cope with increased responsibility due to change in job content. (c) Where the unsatisfactory performance is due to faulty selection and the employee has served in the position for a period of at least one (1) year. Any retrogression for medical reasons is subject to ratification by the Company appointed Chief Physician/Manager Health Services. 2. Retrogression shall not apply where: (a) An employee has less than ten (10) years' established service credit. (b) The change to the lower-rated job is made at the request of the employee to escape heavy work or responsibility or for personal reasons. (c) The change to the lower-rated job is made necessary for unsatisfactory job performance due to causes other than in Section Item 4.1(1.).

Where Applicable. 1. Retrogression shall apply where a regular employee becomes unable to perform the duties of a job for which he/she is receiving the standard rate and is transferred to a lower-rated job because of: (a) A disability caused by accident or illness. (b) Inability to cope with increased responsibility due to change in job content. (c) Where the unsatisfactory performance is due to faulty selection and the employee has served in the position for a period of at least one (1) year. Any retrogression for medical reasons is subject to ratification by the Company appointed Chief Physician/Manager Health Services. 2. Retrogression shall not apply where: (a) An employee has less than ten (10) years' established service credit. (b) The change to the lower-rated job is made at the request of the employee to escape heavy work or responsibility or for personal reasons. (c) The change to the lower-rated job is made necessary for unsatisfactory job performance due to causes other than in Section 4.1(1.).

Where Applicable. 1. Retrogression shall apply where a regular employee becomes unable to perform the duties of a job for which he/she is receiving the standard rate and is transferred to a lower-rated job because of: (a) A disability caused by accident or illness. (b) Inability to cope with increased responsibility due to change in job content. (c) Where the unsatisfactory performance is due to faulty selection and the employee has served in the position for a period of at least one (1) year. Any retrogression for medical reasons is subject to ratification by the Company appointed Physician. 2. Retrogression shall not apply where: (a) An employee has less than ten (10) years' established service credit. (b) The change to the lower-rated job is made at the request of the employee to escape heavy work or responsibility or for personal reasons. (c) The change to the lower-rated job is made necessary for unsatisfactory job performance due to causes other than in Section 4.1(1.).

Where Applicable. 1. Retrogression shall apply where a regular employee becomes unable to perform the duties of a job for which he/she is receiving the standard rate and is transferred to a lower-rated job because of: (a) A disability caused by accident or illness. (b) Inability to cope with increased responsibility due to change in job content. (c) Where the unsatisfactory performance is due to faulty selection and the employee has served in the position for a period of at least one (1) year. Any retrogression for medical reasons is subject to ratification by the Company appointed Chief Physician/Manager Health Services. 2. Retrogression shall not apply where: (a) An employee has less than ten (10) years' ’ established service credit. (b) The change to the lower-rated job is made at the request of the employee to escape heavy work or responsibility or for personal reasons. (c) The change to the lower-rated job is made necessary for unsatisfactory job performance due to causes other than in Section 4.1(1.).

Where Applicable. 1. Retrogression shall apply where a regular employee becomes unable to perform the duties of a job for which he/she is receiving the standard rate and is transferred to a lower-rated job because of: (a) A disability caused by accident or illness. (b) Inability to cope with increased responsibility due to change in job content. (c) Where the unsatisfactory performance is due to faulty selection and the employee has served in the position for a period of at least one (1) year. Any retrogression for medical reasons is subject to ratification by the Company appointed PhysicianHealth Services Provider. 2. Retrogression shall not apply where: (a) An employee has less than ten (10) years' established service credit. (b) The change to the lower-rated job is made at the request of the employee to escape heavy work or responsibility or for personal reasons. (c) The change to the lower-rated job is made necessary for unsatisfactory job performance due to causes other than in Section 4.1(1.).

Where Applicable. 1. Retrogression shall apply where a regular employee becomes unable to perform the duties of a job for which he/she is receiving the standard rate and is transferred to a lower-rated job because of: (a) A disability caused by accident or illness. (b) Inability to cope with increased responsibility due to change in job content. (c) Where the unsatisfactory performance is due to faulty selection and the employee has served in the position for a period of at least one (1) year. Any retrogression for medical reasons is subject to ratification by the Company Employer appointed Physician. 2. Retrogression shall not apply where: (a) An employee has less than ten (10) years' established service credit. (b) The change to the lower-rated job is made at the request of the employee to escape heavy work or responsibility or for personal reasons. (c) The change to the lower-rated job is made necessary for unsatisfactory job performance due to causes other than in Section 4.1(1.).