Layoff and Severance Clause Samples
Layoff and Severance. Layoff and severance will occur when the resources of the University are not sufficient to finance existing academic programs without layoff of tenured, permanent, or probationary employees.
Layoff and Severance. The provisions of Article 29 shall apply except where otherwise indicated and any payment made in accordance with this Article shall be based solely on the academic component of salary.
35.10.1 The following wording shall be substituted for Article 29.5.2 and 29.6: Partial redundancy may be deemed to occur when the College of Medicine's external funding for a program or project is severely reduced or eliminated and shall only apply to continuing status positions. The following provisions shall apply for partial redundancy.
(i) a grievance in the case of layoff for reason of partial redundancy shall be subject to the same limitations as in the case of tenure (Article 15.17);
(ii) before any employees are laid off, the Employer shall determine whether some or all layoffs could be avoided by:
(a) economizing on other areas of expenditure in the College of Medicine;
(b) transfer to another academic program as specified in Article 29.9;
(c) retraining as specified in Article 29.10;
(d) early retirement as specified in Article 29.11;
(iii) employees in a discontinued program or project shall be subject to layoff due to a Partial Redundancy. When funding for a specific program or project is discontinued, only employees associated with that particular program or project shall be affected.
(iv) employees in a discontinued program or project shall be laid off and recalled according to seniority in that program or project.
35.10.2 The following wording shall be substituted for Article 29.7:
(i) Both the employee and the Association shall be notified as soon as the employer is informed by the granting agency if a program or project is to be discontinued due to financial exigency. Employees shall be entitled to as much notice as the employer receives with a minimum notice period of six months.
(ii) Employees who have been notified that they will be laid off may, at their discretion, elect to receive a cash settlement equal in value to their monthly academic component of salary times the number of months that remain in their period of notification to a maximum of 6 months' salary before the effective date of their termination, in lieu of continuing their employment with the University.
Layoff and Severance. The provisions of Article 29 shall apply except that the following wording shall be substituted for Article
Layoff and Severance. The provisions of Article 29 shall apply except where otherwise indicated and any payment made in accordance with this Article shall be based solely on the academic component of salary.
34.10.1 The following wording shall be substituted for Article 29.5.2 and 29.6: Partial redundancy may be deemed to occur when the College of Medicine's external funding for a program or project is severely reduced or eliminated and shall only apply to continuing status positions. The following provisions shall apply for partial redundancy.
(i) a grievance in the case of layoff for reason of partial redundancy shall be subject to the same limitations as in the case of tenure (Article 15.18);
(ii) before any employees are laid off, the Employer shall determine whether some or all layoffs could be avoided by:
(a) economizing on other areas of expenditure in the College of Medicine;
(b) transfer to another academic program as specified in Article 29.9; Constitution of the Panel of Arbitrators required by Article 27.4.2 (Grievances) shall be:
Layoff and Severance. 1. This Article shall not apply to probationary employees or fellows on term- specific fellowships. With respect to employees hired for positions advertised as limited in duration, specific Visa category or other restricted basis for employment, termination of employment at the expiration of the relevant term (or due to the cessation of the relevant status or basis for employment) is not a layoff subject to this Article.
2. CPI shall notify the Guild and the affected employee(s) at least sixty (60) days in advance of any planned reduction in force or layoff or, if faced with more urgent circumstances, as soon as possible in advance. CPI will provide the Guild background information about the need for a reduction in force and the employee(s) under consideration for layoff. Relevant background and context depend on the circumstances and may include, for example, CPI’s finances, business and policy decisions as to CPI’s direction and focus, changes in funding levels and type of funding, etc. CPI will also provide the Guild information regarding the criteria CPI considers most relevant for determining which employees are to be laid off and which may be retained. If layoffs are determined to be necessary, relevant considerations in selecting employees for layoff may include, among other factors, an employee’s seniority, skills, expertise, performance, experience, and geographic location if relevant to continued work in the Bargaining Unit.
3. During the period prior to a layoff, CPI and the Guild will meet to discuss the rationale for the reduction in force, the relevant criteria for making a final determination as to which employees will in fact be laid off, and possible alternatives to layoff. At the end of the pre-layoff period, should CPI deem it appropriate to proceed with a reduction in force, it shall be within CPI’s discretion to make a determination which employees to lay off, based on relevant criteria. Where two or more employees are under consideration for layoff and are deemed to be substantially equal in the relevant respects, seniority will be given primary consideration. A laid off employee, upon request, shall be provided a letter making clear that they were laid for economic or other business reasons and not performance issues.
4. Laid off employees shall remain on a recall list for twelve (12) months. Time spent on a recall list will be counted for purposes of computation of seniority but for no other purpose, including the accrual of paid ti...
Layoff and Severance. 1. Dismissals to reduce the force shall require at least 10 working days advance notice to the affected employee(s). The notice to the Unit Chair shall be in writing, and include the number, classifications and departments of jobs affected.
2. Upon request, IHE will meet with the guild for the purpose of discussing layoffs and to consider the means by which the impending hardship of such layoffs may be mitigated through cost savings achieved within the bargaining unit. This shall not cause undue delay in reduction in force actions.
3. During the notice period, IHE may accept voluntary resignations from employees in the departments or positions involved in or selected for layoff. If such voluntary resignations are accepted, such employees will be entitled to severance pay as outlined below. The number of employees to be dismissed in the reduction in force shall be reduced to the extent that the need for additional reductions has been mitigated through the voluntary resignations.
4. Any employee laid off under this section shall be given a neutral or positive job reference and IHE will not contest their application for unemployment benefits.
5. Laid off employees shall be placed on a recall list. Such employees shall remain on a recall list for either one (1) year following the date of their termination or until they are recalled, decline a written offer of recall, or fail to provide a timely response to an offer of recall, whichever is sooner. Upon a vacancy, Inside Higher Ed shall send a notice by email to the last known email address of all persons on the recall list who previously worked in the position in which the vacancy occurs. A copy of the notice shall also be sent to the Guild via email at the same time it is transmitted to the employee on the recall list. If, within ten (10) business days of the date of the mailing, an employee on the recall list fails to respond to the recall or fails to accept re-employment, the employee shall be removed from the recall list. In the event of a timely reply, Inside Higher Ed shall fill the vacancy from among those replies requesting employment in order of seniority. In order to remain eligible for recall, laid off employees must keep the employer informed of their current email and mailing addresses and phone number in writing. IHE’s obligation to offer reinstatement shall be fulfilled by emailing the most recent email addresses supplied by the laid off employees. Time spent on a recall list shall not constitute...
Layoff and Severance. (a) If an Employee is laid off for a period that exceeds his right to recall, as provided for under the seniority provisions of this Agreement, and the Employee has a minimum of one (1) years' service with the Company, the Employee shall be paid two (2) weeks pay based on eighty (80) hours at the Employee's then applicable rate of pay and one (1) additional weeks pay for each completed year of service in excess of one (1) year to a maximum of ten (10) weeks pay. Such an Employee may elect to accept layoff pay under the provisions of this Section before the end of the Employee's right to recall period, but in so doing shall forfeit all accrued seniority rights in accordance with the terms of this Agreement and the Employee's employment shall be terminated.
(b) In the event of amalgamation, permanent closure of a Branch, or a Department thereof, or automation, causing an Employee to lose his employment with the Company, the Company shall pay Severance Pay to such an Employee, provided the Employee has a minimum of one (1) years' service with the Company.
(i) Severance pay shall be based on an Employee's regular rate of pay at the date of his severance and shall be paid based on one (1) week's pay for each year of service with the Company, to a maximum of fifteen (15) weeks.
(ii) In the event that part of the Branch remains open or that an Employee has lost his employment because of amalgamation or technological change, an Employee eligible to receive Severance Pay may elect to remain on the Seniority List for possible recall. The Company shall hold the Severance Pay for the Employee for the period of his right to recall, but during such period the Employee may, subject to the same forfeiture provisions of (a) above, request and receive payment of Severance Pay.
Layoff and Severance. 1. In the event of a layoff, IHE will provide an affected employee with a minimum two weeks of paid severance. IHE will endeavor to provide advanced notice to the Guild of any planned layoffs, but will provide notice no later than contemporaneously with the affected employees. Any employee laid off under this section shall be given a neutral or positive job reference and IHE will not contest their application for unemployment benefits.
Layoff and Severance. In the event any employee covered by this Agreement is laid off during the term of this Agreement, the following benefits shall be paid in accordance with the conditions and understanding set forth below:
A. Medical coverage shall continue to the end of the month in which the employee(s) is/are permanently laid off.
B. All wages, severance, accrued vacation and holidays owing upon the termination of employment shall be paid at next payroll following the employee’s last regular paycheck.
Layoff and Severance. 35.1. The Center may eliminate or reduce positions if, at its sole discretion, it determines that such work is no longer available or needed. This is called a layoff. ▇▇▇▇▇▇ does not include terminations due to the expiration of an employment period agreed to at the time of hiring.