DEMOTION AND LAYOFF Clause Samples
The Demotion and Layoff clause outlines the conditions and procedures under which an employer may reduce an employee's rank or terminate their employment due to organizational needs, such as restructuring or financial constraints. Typically, this clause specifies the criteria for selecting employees for demotion or layoff, the notice period required, and any severance or support offered. Its core function is to provide a clear, fair process for managing workforce changes, thereby minimizing disputes and ensuring both parties understand their rights and obligations in such situations.
DEMOTION AND LAYOFF. 10:1 In the event reduction of forces or curtailment of operation shall occur, employees shall be laid off in the reverse order of their Company seniority in the area in which they are working at the time of the reduction. The application of this Section to an employee working temporarily in an area shall apply only to the extent that it affects him/her in his/her regular area.
10:2 An employee who has six (6) months or more of continuous Company service and whose job is being eliminated, may request to displace an employee with less seniority than his/her own in the following sequence:
(a) the employee in the same classification in the District who has the least seniority;
(b) the employee in the lower classification in the District who has the least seniority;
(c) no employee may displace another employee who has greater Company seniority than his/her own.
10:3 If Company cannot effect a displacement in accordance with Section 10:2 or if an employee requests not to take a demotion as provided in Section 10:2(b), an employee who has one (1) year or more continuous service with the Company may elect to displace an employee with less seniority than his/her own in the following sequence:
(a) the employee in the same classification in the area working for the same customer who has the least seniority;
(b) no employee may displace another employee who has greater seniority than his/her own, except as provided in Article 10:3(c) below;
(c) Foremen and Climbers who possess a current commercial driver’s license, and airbrake endorsement when required by the Company, may displace the next *senior employee in their classification (*this senior employee shall be the least senior of those employees in the same classification by District) who has no commercial driver’s license and/or airbrake endorsement, if the vehicle of the crew being displaced requires an airbrake endorsement. In the event a ▇▇▇▇▇▇▇ is displaced subject to this Article, he/she shall be reclassified to the top climber classification. Foremen and climbers shall maintain all demotion and layoff rights to those crews consisting of vehicles they are licensed to operate.
10:4 The Company shall give employees whose jobs are eliminated as much notice as possible. Employees desiring to exercise the provisions of Section 10:2 or 10:3 shall give the Company notice of at least five (5) workdays.
10:5 If in the application of the provisions of this Article an employee in a classification which, in the normal l...
DEMOTION AND LAYOFF. 19997.2 Provides for subdivisional layoffs in a State agency subject to DPA approval. Subdivisional reemployment lists take priority over others.
DEMOTION AND LAYOFF. 19997.2 Provides for subdivisional layoffs in a State agency subject to CalHR approval. Subdivisional reemployment lists take priority over others.
DEMOTION AND LAYOFF. 19143 Requires CalHR to establish rules concerning seniority credits for employees with breaks in service over six (6) months. 19837 Authorizes payment above maximum rate of class.
DEMOTION AND LAYOFF. 19143 Requires DPA to establish rules concerning seniority credits for employees with breaks in service over six months.
DEMOTION AND LAYOFF. 12.1 When it becomes necessary for the City to lay off Regular employees, the City will give employees involved as much notice as possible, but in no event will such employees receive less than two (2) weeks’ notice of layoff. Where probationary or temporary employees are to be laid off, no notice of layoff need be given. Within each classification, all employees, other than Regular employees, shall be laid off prior to Regular employees being laid off. Employees serving an initial probationary period will be laid off prior to employees who have completed such period. Regular employees shall be laid off in the reverse order of seniority in the classification with the least senior employee being laid off first. Whenever two or more Regular employees in the same class have the same amount of class seniority, ties will be broken by giving greater preference to the employee with greater department seniority. If the tie is still unresolved, the tie shall be broken by giving greater preference to the employee with greater City seniority. If the tie is still unresolved, the tie shall be broken by lot.
12.2 An employee who has been laid off may elect to displace an employee in a lower paid class in the bargaining unit provided the employee has greater combined seniority than the employee to be displaced, calculated by adding seniority in the laid-off class to seniority in the lower-paid class. Whenever an employee demotes to a lower-paid class, the employee shall be placed on the salary step which has the closest wage rate to the employee’s previous wage rate.
12.3 Laid-off employees shall be kept on a reemployment list for a period of two (2) years from the date of layoff and shall have preferential rehire rights to the class from which the employee was laid off in the reverse order of layoff. Whenever it becomes necessary for the City to notify a laid-off-employee of a reemployment opportunity, the City shall do so by use of registered mail to the employee’s last known address as supplied by the employee. Reemployment shall be based upon the laid-off employee’s ability to meet current employment standards. If an employee does not accept reemployment, the employee’s name shall be removed from the reemployment list and the employee shall no longer have reemployment rights. If a laid-off employee is subsequently re-hired off a reemployment list into a classification covered under the terms of this Memorandum of Understanding, the employee’s unpaid sick leave balanc...
DEMOTION AND LAYOFF. Incompatible Activities 19990 Requires each appointment power to determine activities which are incompatible in conflict with or inimical to their employees' duties; provides for identification of and prohibits such activities.
DEMOTION AND LAYOFF. 19143 Requires DPA to establish rules concerning seniority credits for employees with breaks in service over six (6) months.
19997.2 Provides for subdivisional layoffs in a State agency subject to DPA approval. Subdivisional reemployment lists take priority over others.
19997.3 Requires layoffs according to seniority in a class, except for certain classes in which employee efficiency is combined with seniority to determine order of layoff.
DEMOTION AND LAYOFF. The City and the IBEW Local 1245 mutually agree that when involuntary demotion and/or layoff is required, the following shall be observed: The City will give permanent employees involved as much notice as possible, but in no event will such employees be given less than one pay period notice of layoff. When probationary employees are to be laid off, no notice of layoff is required. Layoff in all cases due to lack of work will be determined by an employee's length of service. An employee whose job is being eliminated may elect to displace an employee who is in a lower classification within the IBEW Local 1245 bargaining unit, if the position is within their classification series, or the person has previously held the classification, and if his/her total City length of service is greater than that of the employee in the lower classification. In the event that a journeyman/journeywoman displaces an apprentice, he/she shall continue to be paid as a journeyman/journeywoman.
DEMOTION AND LAYOFF. 11.1 When deemed necessary by the Board of Directors, a reduction in the District's work force may be initiated due to 1) lack of work, or 2) lack of funds, or 3) program or organizational reorganization resulting in a surplus of employees.
11.2 Insofar as possible a reduction in force shall be accomplished by attrition. However, when it is determined by the Board of Directors that attrition will not provide sufficient relief for the condition warranting a reduction in the number of District employees, the Board will determine specific classifications effected by the lay-off.
11.3 Regular full time District employees will be laid off according to the specifics set forth below. Overall District seniority shall be the determining factor in conjunction with the following requirements:
(a) Temporary and part time employees shall be laid off first. In the case of the temporary class of Night Patrolperson, layoff will occur only if a sufficient number of regular full time District employees who would otherwise be displaced are willing to accept the positions as set forth by the requirements of the class. In the case of part-time temporary employees at the Parks Department, the same conditions apply as outlined for Night Patrolperson.