Special Collective Agreement Signed on July 16, 2007
Exhibit
4.19
Signed
on
July 16, 2007
| Between: |
Blue
Square - Israel Ltd.
|
(hereinafter
- the “Company”)
| And : |
New
General Federation of Workers –
|
Histadrut
Hamaof
(hereinafter
- the “Histadrut”)
The
Blue
Square Workers’ Committee
(hereinafter
jointly - the “Workers’
Representation”)
| WHEREAS |
The
Company is interested in enabling the workers employed by the Company
as
Branch Managers to transfer to employment under personal contracts;
and
|
| WHEREAS |
the
Workers’ Representation have agreed thereto pursuant to the terms set
forth in this Agreement:
|
THEREFORE
it is agreed and stipulated as follows:
|
1.
|
Subject
to the provisions hereof, the Company shall propose to workers employed
in
the Company in the position of Branch Manager under the collective
agreements applicable to the Company’s employees to transfer to employment
under a personal contract.
|
|
2.
|
The
terms of the aforesaid personal contract of an employee who has agreed
to
sign a personal contract shall be agreed between the Company and
the
employee alone, subject to the provisions below, and shall apply
to the
employee solely so long as he serves as Branch
Manager.
|
|
3.
|
Notwithstanding
the above, it is agreed that with respect to a Branch Manager who,
as
aforesaid, is employed under a personal contract, the provisions
of
Clauses 1-7 in Chapter 15 of the General Collective Agreement concerning
dismissal, as amended on May 14, 1998, and the provisions of Clause
1 of
Chapter 18 concerning the settlement of differences of opinion, as
amended
in the Special Collective Agreement of January 21, 2005, shall continue
to
apply solely with respect to dismissal and the provisions of this
Agreement.
|
|
4.
|
It
is further agreed that the social benefits concerning the work of
a Branch
Manager employed under a personal contract shall be no less than
those
specified in the collective agreements with respect to workers with
seniority identical to his and, especially, the social benefits and
salary
of a Branch Manager shall be no less than those to which he would
have
been entitled prior to the transition to the personal contract, all
subject to changes that may occur in the collective agreements from
time
to time.
|
|
5.
|
Should
the Company direct a Branch Manager who has transferred to employment
under a personal contract to transfer to a function at a level lower
than
that of Branch Manager, the validity of the personal contract shall
end
with respect to him upon termination of his work as Branch Manager,
and
the provisions of the collective agreements, the arrangements, customs
and
procedures applicable to the parties shall apply to the employee,
while
adapting (and where necessary - reducing) his salary and all his
rights to
correspond to the rank he had prior to signing the personal contract,
taking account of the seniority he had accumulated up to the date
of his
transfer to the lower-level function, and also adapting (and where
necessary - reducing) the conditions related to his salary in accordance
with the new lower-level function. It is clarified that in such event
the
Company shall not owe the employee any payment and/or consideration
whatsoever with respect to his transfer to the lower-level function
and
the adaptation of his salary, rights and conditions as aforesaid.
|
|
6.
|
Should
a Branch Manager serve in a function on a level higher than that
of Branch
Manager, at the level of Department Manager or higher, as formalized
in
the Agreement of February 3, 1994, the validity of the personal contract
shall terminate under this Special Collective Agreement upon cessation
of
his work as Branch Manager, and the employee shall sign a personal
contract as provided in Clause 5 of the Addendum to the General Collective
Agreement of February 3, 1994.
|
|
7.
|
With
respect to an employee who shall be appointed in the future to the
position of Branch Manager, his appointment to such position shall
be
conditional upon his signature of a personal contract as provided
in this
Agreement.
|
|
8.
|
The
parties agree that the Regional Managers shall sign personal contracts
as
provided in Clause 5 of the Addendum to the General Collective Agreement
of February 3, 1994.
|
|
(
-
)
|
(
-
)
|
||
|
|
|
||
|
Blue
Square - Israel Ltd.
|
The
New General Federation of Workers
Histadrut
Hamaof
Union
of Clerical, Administrative & Public
Service
Employees
The
Central Committee
|
||
|
(
-
)
|
|||
|
|
|||
|
Blue
Square Israel Ltd.
Workers’
Committee
|
|||
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