Common Clauses Sample Clauses

Common Clauses. 1.3.1 The following Clauses in the Framework Terms are hereby taken to form part of this IPT with the necessary changes applied such as (where the context allows) the substitution of ‘Purchaser’ for ‘Scotland Excel’, the substitution of ‘Individual Placement Terms’ for ‘Framework Terms’ and so on: i) Clause 6 (Best Value) ii) Clause 7 (Law of Scotland) iii) Clause 8 (Legislative Change) iv) Clause 9 (Assistance in Legal Proceedings) v) Clause 10 (Waiver) vi) Clause 11 (Severability)

Common Clauses. In force for an extended period In case of illness or accident, the interested party must inform his/her employer within a maximum of 48 hours, except in cases of force majeure. In case of illness or accident duly certified by medical certificate sent to the employer within 48 hours and a counter visit if necessary, the monthly wages will be paid in full on the following bases: YEARS OF CONTINUOUS PRESENCE in the company PAYMENT OF WAGES 1 year 1 month 3 years 1 ½ months 5 years 2 months 10 years 2 ¼ months 15 years 2 ½ months 20 years 2 ¾ months 25 years 3 months 30 years 3 ¼ months 32 years 3 ½ months 35 years and more 4 months If several sick leaves are granted to an employee during the same calendar year, the duration of the payment may not exceed the total of the periods established above. When a sick leave is overlapping for two calendar years, the rights to compensation for the totality of this leave are assessed on the first day of the leave. For example, an employee with six years of service on leave from March 1 to 15, year N, and from December 1, year N to February 1, year N + 1. He/she is compensated from 1 March to 15 March and from 1 December to 15 January. Benefits shall be reduced by the value of the daily benefits to which the persons concerned are entitled under social security, occupational accidents or any other pension scheme involving the financial participation of the company. During the same period, employees will be required to declare these benefits. For assessment of rights, periods of leave resulting from a workplace accident are not cumulative with periods of sick leave.

Common Clauses. 6.1 Ending the tenancy (break Clause) 6.1.1 If you have a secure lifetime tenancy you must give us written notice of four clear rent weeks. This notice must end at midnight on a Sunday. If you are a joint tenant and one tenant gives notice to end the tenancy then it will end for everyone. In exceptional cases, we may agree that you do not need to pay your rent during this notice period. 6.1.2 If you have a secure flexible tenancy you cannot end it by notice to quit. You must write in and seek our permission to end the tenancy which will not be unreasonably withheld unless there is any breach of the tenancy e.g. unpaid rent. 6.1.3 If you have a joint tenancy which is a secure flexible tenancy either party can end the tenancy by writing in and seeking our permission which will not be unreasonably withheld. This will end the tenancy for all parties named on the tenancy agreement. 6.1.4 You must return all the keys to the property including window keys, communal door keys and shed keys to the Council Offices by 12 noon on the Monday immediately following the end of your tenancy. If you do not do this, we will continue to charge you rent and you will also be responsible for the property until we have changed the locks and charge you for this and any loss of rent. (We will not do this if we have agreed that you can have more time to hand in the keys.) 6.1.5 You must allow us into your home during the notice period so we can assess what work is needed. 6.1.6 You must remove all furniture, personal belongings and rubbish and leave the property in a clean condition, with decorations and any fixtures and fittings we have provided in good condition. If you do not and we have to do this we can charge you the costs we have to pay. 6.1.7 You must not leave any person or animal in the property after the date the tenancy ends. 6.1.8 In some circumstances we may allow a tenant who has rent arrears to end their tenancy. In this case, the circumstances of the tenancy’s ending will be taken into account. 6.2 If we want to end the tenancy 6.2.1 You have broken any of the tenancy conditions listed in this agreement. 6.2.2 You have a flexible tenancy which has come to an end 6.2.2 You have been convicted of using the property, or allowing anyone else to use it, for immoral or illegal purposes. 6.2.3 We need you to move out of the property so that we can carry out development or demolition work. 6.2.4 We find out that you gave us false information when you applied for the tenancy...

Common Clauses. 1.4.1 The following Clauses in the Flexible Framework Terms are hereby taken to form part of this IST with the necessary changes applied such as (where the context allows) the substitution of ‘Purchaser’ for ‘Scotland Excel’, the substitution of ‘Individual Support Terms’ for ‘Flexible Framework Terms’ and so on: i) Clause 2 (Flexible Framework Status and Duration) ii) Clause 17 (Freedom of Information) iii) Clause 18 (Publicity and Audit) iv) Clause 19 (Waiver) v) Clause 20 (Severability) vi) Clause 21 (Remedies Cumulative) vii) Clause 26 (Law of Scotland) viii) Clause 27 (Best Value) ix) Clause 28 (Assistance in Legal Proceedings) x) Clause 29 (Human Rights)

Common Clauses. In force for an extended period In case of termination of the open-ended employment contract and providing for a longer period, the duration of the reciprocal advance notice will be the following, according to the different conditions of departure: 1. Employee who has resigned and whose trial period has expired: One month for employees, technicians and supervisors; Three months for engineers and executives. 2. Termination of the employment contract at the initiative of the employer, except in case of serious misconduct. a) The employee has less than two years of continuous service with the same employer: - one month for employees, technicians and supervisors; - three months for engineers and executives. b) The employee has two years or more continuous service with the same employer; - two months for employees, technicians and supervisors; - three months for engineers and executives. The advance notice may or may not be given in whole or in part. Three different situations may arise. They will receive the following solution: 1) The resigned employee asks to shorten his/her notice: The application must be submitted in writing at the same time as the notification of the resignation. Except in the case of imperative service, the employer may grant early departure. In that case, the employee will receive a remuneration corresponding to the period actually worked. 2) The dismissed employee is required to give his/her notice: If he/she is obligated to take up a new job, he/she may leave his/her employer before the expiry of the notice period by giving written notice five working days in advance. In that case, the employee will receive a remuneration corresponding to the period actually worked. 3) The dismissed employee is exempted by his/her employer from giving notice: He/she continues to be on the staff of the establishment and to be paid until the expiry of the conventional notice period. At his/her request, his/her employer is required to issue a certificate stating his/her situation and entitling him/her to occupy, at the same time, another position with another employer of his/her choice subject to the application of the non-compete clause during the remaining notice period. Any measures providing notice must be notified in writing.

Common Clauses. In force for an extended period The present agreement may not, under any circumstances, be the cause of restriction of the benefits acquired, individually or collectively. In this spirit, the clauses of the agreement replace the clauses of existing contracts, including those of fixed-term contracts, whenever the clauses of these contracts are less advantageous for employees.

Common Clauses. In force, not extended Employees exercising statutory functions in trade union organisations will obtain, upon presentation of a written document from them and after at least six working days' notice, the necessary leave of absence without pay to attend statutory meetings. These authorisations may not be attributed to paid leave. Subject to the presentation of a notice sent by the representative trade union organisations, paid leave authorisations will be granted to attend joint committees decided by mutual agreement between the signatories of this agreement. The trade union delegate is free to move within or outside the company, whether during delegation hours or outside working hours, for the exercise of activities relating to his/her duties. He/she will be required to inform his/her employer in advance of his/her absences. In the event that a company with at least 50 employees is made up of establishments with fewer than 50 employees, a company trade union delegate will be appointed who may be chosen from any of the establishments. Where the company has a works council or establishment committee and a trade union representative is appointed to that committee, if that person is distinct from the trade union delegate and does not otherwise exercise within the company an elective office or agent position, that union representative will benefit from a credit of one hour per month, not transferable, for the preparation of meetings of the company committee. Leave will be granted under the conditions provided for by law to employees wishing to participate in courses or sessions exclusively devoted to economic, social and trade union training. In accordance with Article L. 2232-8 of the French Labour Code, any employee who has been duly appointed by his/her representative trade union organisation and who participates in a joint committee and any other commission set up by this agreement, shall benefit from the right to be absent from work. The time spent will be considered as actual working time and may not result in a reduction in remuneration. As of 1 January 2017, the joint association for import-export management (APGIE), will assure, according to the following terms, the reimbursement of the expenses related to the participation of the representatives of the employers' organisations and trade unions representative of the import-export collective bargaining agreement no. 3100 at joint industry meetings and APGIE bodies. Requests for reimbursement must be su...

Common Clauses. In force for an extended period Last update: Amended by Amendment No. 15 of 22 December 1992 in force on 1 January 1993 extended by the order of 3 March 1994, published in the JORF of 12 March 1994 In case of departure of an employee, the compensatory allowance of the right to the leave acquired at the time of that departure will be calculated on the bases above in proportion to the months of presence of the interested party.

Common Clauses. In force for an extended period a) Before proceeding with an individual dismissal, the employer will summon the person concerned so that between the date of notification of the meeting and the interview itself, there is the period provided for in Article L.1232 -2 of the French Labour Code. During the interview provided above, the employee may be assisted by a person of his/her choice belonging to the staff of the company. When there are no employee representative institutions in the company, the employee may be assisted either by a person of his/her choice belonging to the staff of the company or by an advisor of the employee chosen from a list drawn up by the administrative authority. The final dismissal decision may only be made after a period of 48 hours following the interview. The dismissal decision will be notified to the interested party by registered letter with acknowledgement of receipt. b) Any dismissal necessitated by a loss of employment or a reduction of the activity of the company shall be carried out, in each professional category or service, in accordance with the general rules on dismissal, taking into account professional value, tasks and family situation, and length of service in the establishment. That order is not preferential. the employee dismissed for economic reasons will be given priority for re-employment for a period of one year from the date of termination of his/her contract if he/she requests it within that period. Any employee dismissed under these conditions, having at least one year of presence in the establishment and who has not been re-employed during that first year, may, upon his/her written request, indicate his/her intention to find a job in the establishment. In that case, the one-year period above will be extended by another year. Employees rehired pursuant to paragraph b of this article shall be reinstated in their rights pertaining to length of service acquired at the time of their dismissal.