Included Employees definition
Examples of Included Employees in a sentence
With respect to any Included Employee, (i) Seller is not the subject of any proceeding seeking to compel it to bargain with any labor organization as to wages and conditions of employment, nor to Seller’s knowledge is any such proceeding threatened, and (ii) no strike or similar labor dispute by the Included Employees is pending or, to Seller’s knowledge, threatened.
Included Employees shall be entitled to vacation time and other paid time off in accordance with Purchaser’s policies after the Transfer Date.
No Benefit Plan in which the Included Employees participate is, and the Seller does not otherwise have any liability whatsoever (whether actual or contingent and whether directly or through its affiliation with any ERISA Affiliate) with respect to, any employee benefit plan subject to Title IV of ERISA or Section 412 of the Code.
Sellers and their Affiliates shall take and/or cause to be taken any action necessary to ensure that the Transferred Employees and any Included Employees are employed by or transferred to Sellers no later than immediately prior to the Closing to allow Buyer to assume the employment obligations contemplated by Section 8.1.
In addition, from and after the date of this Agreement until the Closing Date, Purchaser shall consult with Seller and obtain Seller’s consent before communicating (directly or indirectly and whether in writing, verbally or otherwise) with any Included Employees.
Seller and its Affiliates shall take and/or cause to be taken any action necessary to ensure that the Transferred Employees and any Included Employees are employed by or transferred to Seller no later than immediately prior to the Closing to allow Buyer to assume the employment obligations contemplated by Section 8.1.
In accordance with the terms of this Agreement, within forty-five (45) calendar days of the date of this Agreement, Seller and Purchaser shall agree to mutually acceptable terms and conditions under which Purchaser shall be permitted to provide training to Seller’s employees at the Branches who are reasonably anticipated to become Transferred Employees; it being agreed that, prior to, and on, the Closing Date, all Included Employees shall remain under Seller’s control.
With respect to the Included Employees, no action, suit or legal, administrative, arbitration, grievance or other proceeding (other than routine claims for benefits) is pending or, to the knowledge of the Seller, threatened, against or relating to any Benefit Plan.
AMD and Fujitsu acknowledge and understand the complexities associated with funding the liabilities associated with the Pension benefits accrued by the FASL Included Employees as described above and agree to cooperate to implement the foregoing provisions and to take all reasonable steps to minimize the costs associated with providing Pension benefits to the FASL (Japan) Employees prior to the Establishment Date.
Any employee engaged in Federal Personnel work Included: Employees of the Veterans Administration Hospital, Erie, Pennsylvania in all job categories with the following exceptions: Excluded: All professional employees as defined in paragraph I.e., Chapter 20, Section A, of the Veterans Administration Manual MP-S.