Flexibility Clause Samples
The Flexibility clause allows parties to adapt the terms of their agreement in response to changing circumstances or unforeseen events. Typically, this clause outlines procedures for modifying deadlines, deliverables, or other contractual obligations, often requiring mutual consent or written notice. Its core function is to provide a structured way to accommodate necessary changes, reducing the risk of breach and ensuring the contract remains workable even if conditions evolve.
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Flexibility. 6.1 An Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the Agreement deals with one or more of the following matters:
(i) overtime rates;
(ii) penalty rates;
(iii) arrangements about when work is performed;
(iv) allowances; and
(v) leave loading.
(b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the Employer and Employee.
6.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Act; and
(b) are not unlawful terms under section 194 of the Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
6.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
6.5 The Employer or the Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the Employer and Employee agree in writing — at any time.
Flexibility. Parental leave with pay, whether provided as maternity leave under the ML Act or under this agreement, can be accessed flexibly during the parental leave period and does not have to be taken in a single block. For the avoidance of doubt, parental leave can be used to replicate a part time work arrangement, and can be taken concurrently with another parent in relation to the same child.
Flexibility. ▇▇▇▇▇▇ Permanente and the Alliance are committed to enhancement of organizational performance by developing and investing in people and aligning the systems and processes that support the achievement of organizational and partnership goals. Further, the parties are committed to ▇▇▇▇▇▇ Permanente becoming a high- performance organization and to the KP Promise and the Labor Management Partnership as a foundation for reaching this goal. Market-driven change has created a challenging competitive situation that is characterized by a limited number of skilled workers and new entrants into the workforce, changes in technology, changes in clinical practice, cultural diversity, changing demographics and high demand for quality service. To become a high-performance organization in this environment requires organizational change. Becoming a high-performance organization also requires a pledge from Partner unions and ▇▇▇▇▇▇ Permanente to modify traditional approaches, to work diligently to enhance flexibility in labor contracts, to willingly explore alternative ways to apply seniority and to address jurisdictional issues in order to achieve organizational performance goals. It is expected that the parties will undertake this in a way that is consistent with the Partnership, while at the same time preserving the principles of seniority and union jurisdiction. The following is minimally required to create an environment that balances ▇▇▇▇▇▇ Permanente’s need for flexibility in removing barriers to enhanced performance with Partner unions’ need to honor seniority and jurisdiction. The goal is to create a climate based on trust that promotes achievement of Partnership outcomes and fosters an environment in which ▇▇▇▇▇▇ Permanente, Partner unions and employees effectively respond to and address issues at the local level. It is not the intent of the parties to undermine the principles of seniority and union jurisdiction or to reduce the overall level of union membership. Management is not looking for the right to make changes unilaterally to achieve greater flexibility, but expects the unions to work with them to address flexibility needs. The need for and desirability of joint decision making is acknowledged. Management recognizes the unions’ interest in a balanced approach that will not disadvantage one union relative to another and acknowledges that a broad, long-term perspective should be adopted. and coordinating workflow across boundaries. It also requires alignment w...
Flexibility. In the event that the Employee leaves the employ of the University prior to retirement, the Employee’s portion of the Group RRSP (including Employee and Employer contributions to the date of leaving) will be converted to an individual RRSP that the Employee takes with them on leaving the University’s employment.
Flexibility. 7.1 The Employer and an Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
7.1.1 the agreement deals with one or more of the following matters:
(i) arrangements about when work is performed – such arrangements may be made to vary the operation of one or more of the following clauses of this Agreement:
Flexibility. Children are able to take up their full entitlement to early education at times that best support their learning and development, and at times which fit with the needs of parents to enable them to work or increase their hours of work if they wish to do so.
5.1. Provision must be offered within the national parameters on flexibility as set out in Section A2 of the Early Education and Childcare Statutory Guidance for Local Authorities.
5.2. The provider should work with the LA and share information about the times and periods at which they are able to offer funded entitlements, to support the LA to secure sufficient stretched and flexible places to meet parental demand. The provider must make information about their offer and admissions criteria available to parents at the point the child first accesses provision at their setting.
5.3. Providers are not expected to agree to all flexible requests from every individual parent. It is understood that changes to patterns of delivery to more flexible provision will need to be sustainable, and therefore demanded by a number of parents to be financially viable.
5.4. Evidence shows that continuous provision is in the best interests of the child. Where it is reasonably practicable LAs should ensure that children are able to take up their funded hours in continuous blocks and avoid artificial breaks being created throughout the day, for example over the lunch period.
5.5. There is no requirement that providers must be open for at least 38 weeks of the year, or that providers must offer 30 hours in order to receive funding to deliver funded places.
5.6. Where multiple providers are being accessed, parents should inform each provider of which is the main provider and the total hours claimed at each provision, ensuring that in no circumstance does a weekly claim exceed 15hrs a week for eligible 2 year olds and universal 3 and 4 year olds, or 30hrs a week for eligible extended entitlement 3 and 4 year olds (a maximum of 570hrs, or 1140hrs a year). The Parent/Carer Declaration form should detail providers and hours. If, during the termly headcount process, hours are found to exceed the maximum allowance each provider will be informed and must discuss with the parent how funded hours are to be distributed. The parent will be liable to their provider for any hours claimed over the maximum allowance.
5.7. If a provider chooses to be closed on a bank holiday, parent/carers should be able to request movement of any lost early ed...
Flexibility. Variations to the provisions of this Article made by agreement between the supervisor and the employee are permitted, subject to Director approval.
Flexibility. The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if:
Flexibility. The following provisions are incorporated in all agreements:
a) Where the parties are in agreement locally, arrangements exceeding the agreement’s provisions for working hours and compensation, and adapted to the individual company, may be implemented as a pilot scheme. Such arrangements shall be submitted to the federation and confederation for approval.”
b) It is permitted to calculate average working hours in accordance with the provisions of section 10-5 of the Working Environment Act. The parties to the collective wage agreement may contribute to the establishment of such agreements.”
c) There may exist individual needs for divergent working hour arrangements, individual wishes for leisure time etc. Such arrangements shall be agreed with the individual employee or the shop stewards, for instance in the form of calculated average working hours or an hour-account arrangement. Agreements concluded with the shop stewards take precedence over individual agreements.”
Flexibility. 6.1 Providers of free entitlement places in Sunderland must deliver the entitlements as flexibly as possible, at times and in patterns that support parents/carers to maximise the use of the child’s place. As a general rule providers must offer provision whereby:
6.2 Children will be able to access their free entitlement place flexibly within each area of the city dependent upon local capacity. Providers must work with Together for Children and share information about the times and periods at which they are able to offer free entitlements to support the local authority to secure sufficient stretched and flexible places to meet parental demand (Childcare Sufficiency). The provider should also make information about their offer and admissions criteria available to parents at the point the child first accesses provision at their setting.