Special Collective Agreement Signed on the 5th day of April 2009
Exhibit
4.20
[Unofficial
English translation]
Text for
signature
Signed
on the 5th day of
April 2009
Between:
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BLUE
SQUARE – ISRAEL LTD.
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(hereinafter:
“Blue Square”)
And:
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BLUE
SQUARE CHAIN PROPERTIES & INVESTMENTS
LTD.
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(hereinafter:
“the Company”)
And:
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THE
NEW GENERAL FEDERATION OF LABOR –
HISTADRUT
HAMAOF
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(hereinafter: “the
Histadrut”)
and
THE BLUE SQUARE WORKERS COMMITTEE
(both
collectively hereinafter: “the Workers Representation”)
WHEREAS
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Blue
Square employs employees; and
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WHEREAS
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A
general collective agreement dated February 15, 1982 applies to Blue
Square and its employees, which was made between the Central Consumer
Cooperative Covenant Cooperative Society Ltd. and the Organization of
Clerks, and which was adopted by Blue Square under a special collective
agreement date May 28, 1996 (hereinafter: “the General Collective
Agreement”), and amendments and additions to the General Collective
Agreement and special collective agreements as have been signed from time
to time (hereinafter: “the Existing
Agreements”); and
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WHEREAS
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The
Company is a subsidiary under the full control of Blue Square;
and
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WHEREAS
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An
agreement was made between Blue Square and the Company in regard to the
transfer of Blue Square’s assets to the Company;
and
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WHEREAS
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For
purposes of implementing the agreement for the transfer of assets it was
agreed that Blue Square would be entitled to transfer Blue Square
employees – in whole or in part – to being employees of the Company, all
under the conditions as set forth below;
and
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WHEREAS
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Blue
Square and the Workers Representation have agreed on the giving of a
salary supplement to the employees who are employed and/or who will in the
future be employed under the Collective
Agreement;
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Now
therefore it is agreed and stipulated as follows:
1.
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The
preamble to this Agreement constitutes an integral part
hereof.
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Transfer
of employees
2.
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If
and to the extent that Blue Square should decide to transfer its employees
– in whole or in part – to being employees of the Company (hereinafter:
“the Transferred
Employees”) the Transferred Employees will move over, on the day to
be specified by Blue Square for their transfer (hereinafter: “the Day of Transfer”)
to being employees of the Company, and they will be employees of the
Company from the Day of Transfer onwards, save and except the employees
who will be mentioned in a schedule to be sent to the Workers
Representation.
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3.
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The
Company and the Workers Representation will become parties, commencing
from the Day of Transfer, to the Existing Agreements in a manner whereby
the Existing Agreements will apply to the Company and to the Transferred
Employees and to the remaining parties to this Agreement, to whatever
extent is necessary, as though such agreements were made from the outset
between the Company and the Workers Representation, including revisions
and updates and/or alterations that may be made in the future, from time
to time.
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4.
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The
seniority of the employees who were transferred to the Company on the Day
of Transfer will be the same as their seniority at Blue Square immediately
prior to the Day of Transfer, as appearing in the books of Blue
Square.
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5.
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The
Company will be responsible to the Transferred Employees for all their
rights in respect of the period of their employment at Blue Square up to
the day of transfer, as such rights exist on such day and in accordance
with the records in the books of Blue Square, and as if the Transferred
Employees had continued their employment at Blue Square after the Day of
Transfer (hereinafter: “the Accumulated
Rights”). Blue Square will be a guarantor to the
Transferred Employees in respect of the Accumulated Rights, and by its
signing this Agreement it confirms its aforesaid
guarantee.
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6.
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Nothing
in this Agreement shall adversely affect the rights of any of the
employees of Blue Square who perform their work in the scope of a personal
contract nor will this Agreement add rights for any of them in excess of
what is stated in the aforesaid personal
contracts.
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7.
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A
list of the Existing Agreements is attached to this Agreement as an
integral part hereof and is marked “A”.
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Salary
increment
8.
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The
employees will be given a salary increment at a rate of 4% on the basic
salary (hereinafter: “the
Salary Increment”).
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9.
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The
Salary Increment will be given to each employee after he has completed or
in the future completes 24 months of his employment, and will be paid to
each employee commencing from the 25th
month of his employment onwards.
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10.
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The
Salary Increment will be paid commencing from the salary for the month of
April 2009.
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11.
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The
salary tables will be updated accordingly, and will be in force commencing
from April 1, 2009. The updated salary tables are attached to
this special collective agreement as Appendix “B” and constitute an
integral part hereof.
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12.
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It
is agreed by the parties that the Salary Increment will not be taken into
account for purposes of calculating the topping-up of a minimum wage
within the meaning thereof under the Minimum Wage Law, 5747-1987, and
accordingly the salary element known by the name of “ranking increment”
will not be reduced and/or will not be affected upon payment of the Salary
Increment or upon updating of the minimum if and to the extent that it is
updated up until March 31, 2010.
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13.
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In
addition, no other salary increments which are paid to the employees will
be affected upon payment of the Salary Increment in accordance with this
Agreement, but it is clarified that nothing in the foregoing shall prevent
Blue Square and/or the Company from updating the other salary increments
in the future upon a change occurring in the circumstances of the
employment of the employee, as is customary at present at Blue Square
and/or in accordance with the Existing
Agreements.
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14.
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It
is clarified and agreed that the Salary Increment will constitute salary
for all intents and purposes and it will be taken into account for
purposes of calculating value of an hour for the purpose of payment of
incentive salary, seniority, special standby and split, and for purposes
of social payment contributions, and any other contribution customarily
made with respect to the combined
salary.
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15.
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For
the avoidance of doubt it is expressly clarified that the Salary Increment
will be paid only to employees who are employed under the collective
agreement and it is not the Company’s intention to make it applicable to
employees who are signatories to personal
contracts.
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16.
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The
Workers Representation declares that the Salary Increment given pursuant
to this Agreement constitutes full compliance with all their claims for a
salary increment for the next two years commencing April 1, 2009, in the
course of which the Workers Representation undertakes to maintain
industrial peace at Blue Square and/or at the Company on matters regulated
by this Agreement.
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17.
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All
the collective agreements, the collective arrangements which are practiced
and which apply to the parties at the date of signing of this special
Collective Agreement remain in force and will continue to apply subject to
the changes in this Agreement.
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18.
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The
parties agree to register this Agreement as a collective agreement in
accordance with the Collective Agreements Law,
5717-1957.
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/s/ Xxxxx
Xxxxxxxx, Xxxx Vurembrand
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/s/ Xxxxxx Xxxxx
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Blue
Square – Israel Ltd.
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New
General Federation of Labor –
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Histadrut
Hamaof
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/s/
Xxxxx Xxxxxxxx, Xxxx Vurembrand
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/s/ Xxxx
Xxx
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Blue
Square Chain
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Blue
Square Workers Committee
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Properties
& Investments Ltd.
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Xxxx
Xxx
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Chairman
of Workers
Committee
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