Transfer to existing Employers Clause Samples

The 'Transfer to existing employers' clause governs the process by which employees are transferred from one employer to another within the context of existing employment relationships. Typically, this clause outlines the conditions under which such transfers can occur, such as during mergers, acquisitions, or outsourcing arrangements, and may specify the rights and obligations of both the transferring and receiving employers, as well as the affected employees. Its core practical function is to ensure a smooth transition for employees and to clarify the responsibilities of each party, thereby minimizing disputes and maintaining continuity of employment.
Transfer to existing Employers. In all other ASD initiatives where an employer-employee relationship already exists the parties will hold meaningful consultations to clarify the terms and conditions that will apply upon transfer. In the cases of commercialization and creation of new agencies consultation opportunities will be given to the PSAC component(s); however, in the event that agreements are not possible, the CRA may still proceed with the transfer. 7.2.1 The provisions of this Part apply only in the case of alternative delivery initiatives and are in exception to other provisions of this Appendix. Employees who are affected by alternative delivery initiatives and who receive job offers from the new employer shall be treated in accordance with the provisions of this part and, only where specifically indicated will other provisions of this Appendix apply to them. ** 7.2.2 There are three types of transitional employment arrangements resulting from alternative delivery initiatives: a. Type 1 (Full Continuity) i. legislated successor rights apply; specific conditions for successor rights applications will be determined by the labour legislation governing the new employer; ii. recognition of continuous employment in the public service, as defined in the Directive on Terms and Conditions of Employment, for purposes of determining the employee's entitlements under the collective agreement continued due to the application of successor rights; iii. pension arrangements according to the Statement of Pension Principles set out in Annex A, or, in cases where the test of reasonableness set out in that Statement is not met, payment of a lump-sum to employees pursuant to section 7.7.3; iv. transitional employment guarantee: a two (2) year minimum employment guarantee with the new employer; v. coverage in each of the following core benefits: health benefits, long term disability (LTD) insurance (LTDI) and dental plan; vi. short-term disability bridging: recognition of the employee's earned but unused sick leave credits up to maximum of the new employer's LTDI waiting period. b. Type 2 (Substantial Continuity) i. the average new hourly salary offered by the new employer (= rate of pay + equal pay adjustments + supervisory differential) for the group moving is eighty-five percent (85%) or greater of the group's current CRA hourly remuneration (= pay + equal pay adjustments + supervisory differential), when the hours of work are the same; ii. the average annual salary of the new employer (= rate of...
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Transfer to existing Employers. In all other ADI alternative delivery initiative where an employer-employee relationship already exists, the parties will hold meaningful consultations to clarify the terms and conditions that will apply upon transfer. In cases of commercialization and the creation of new agencies, consultation opportunities will be given to the component(s); however, in the event that agreements are not possible, the department may still proceed with the transfer. 7.2.1 The provisions of this part apply only in the case of alternative delivery initiatives and are in exception to other provisions of this appendix. Employees who are affected by alternative delivery initiatives and who receive job offers from the new employer shall be treated in accordance with the provisions of this part, and only where specifically indicated will other provisions of this appendix apply to them. 7.2.2 There are three (3) types of transitional employment arrangements resulting from alternative delivery initiatives: a. Type 1, full continuity Type 1 arrangements meet all of the following criteria: i. legislated successor rights apply; specific conditions for successor rights applications will be determined by the labour legislation governing the new employer;
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Transfer to existing Employers. In all other where an employer-employee relationship already exists the parties will hold consultations to the terms and conditions that will apply upon transfer. In the cases of commercialization and creation of new,agencies consultation opportunities will be given to the union; however, in the event that agreements are not possible, the may still proceed with the transfer. The provisions of this Part apply in the case of alternative delivery initiatives and are in exception to other provisions of this appendix. Employees who are affected by alternative delivery initiatives and who receive job offers the new employer shall be treated in accordance with the provisions of this part and, where specifically indicated willother provisions of this appendix apply to them. There are three types of transitional employment arrangements resulting alternative delivery initiatives:
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Transfer to existing Employers. In all other ASD initiatives where an employer/employee relationship already exists the parties will hold meaningful consultations to clarify the terms and conditions that will apply upon transfer. In the cases of commercialization and creation of new agencies consultation opportunities will be given to the union; however, in the event that agreements are not possible, the CRA may still proceed with the transfer. 7.2.1 The provisions of this Part apply only in the case of alternative delivery initiatives and are in exception to other provisions of this Appendix. Employees who are affected by alternative delivery initiatives and who receive job offers from the new employer shall be treated in accordance with the provisions of this Part and, only where specifically indicated will other provisions of this Appendix apply to them. 7.2.2 There are three (3) types of transitional employment arrangements resulting from alternative delivery initiatives:
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Related to Transfer to existing Employers

  • Existing Employees Existing employees who are covered by the Coverage Clause of this agreement may become Union members at any time. Employees shall, from the date of advising the employer that they are an APEX member, be bound by all benefits and obligations relating to employees under this agreement subject to meeting the requirements of the Employment Relations Act 2000 regarding when a collective agreement will apply to an employee who was/is a member of another union.

  • SIMPLE Individual Retirement Custodial Account (Under section 408(p) of the Internal Revenue Code) The participant named above is establishing a savings incentive match plan for employees of small employers individual retirement account (SIMPLE IRA) under sections 408(a) and 408(p) to provide for his or her retirement and for the support of his or her beneficiaries after death. The custodian named above has given the participant the disclosure statement required by Regulations section 1.408-6. The participant and the custodian make the following agreement:

  • Advances by Master Servicer and Trustee (a) In the event an Other Servicer fails to make any required Periodic Advances of principal and interest on a Mortgage Loan as required by the related Other Servicing Agreement prior to the Business Day preceding the Distribution Date occurring in the month during which such Periodic Advance is due, the Master Servicer shall make Periodic Advances to the extent provided hereby. In the event Wells Fargo Bank in its capacity as Servicer fails to make any requir▇▇ ▇▇riodic Advances of principal and interest on a Mortgage Loan as required by the Wells Fargo Bank Servicing Agreement prior to the Business Day preced▇▇▇ ▇he Distribution Date occurring in the month during which such Periodic Advance is due, the Trustee shall, to the extent required by Section 8.14, make such Periodic Advance to the extent provided hereby, provided that the Trustee has previously received the certificate of the Master Servicer described in the following sentence. The Master Servicer shall certify to the Trustee with respect to any such Distribution Date (i) the amount of Periodic Advances required of Wells Fargo Bank in its capacity as Servicer or such Other Servicer, ▇▇ ▇▇e case may be, (ii) the amount actually advanced by Wells Fargo Bank in its capacity as Servicer or such Other Servicer, (▇▇▇) the amount that the Trustee or Master Servicer is required to advance hereunder and (iv) whether the Master Servicer has determined that it reasonably believes that such Periodic Advance is a Nonrecoverable Advance. Amounts advanced by the Trustee or Master Servicer shall be deposited in the Certificate Account on the Business Day preceding the related Distribution Date. Notwithstanding the foregoing, neither the Master Servicer nor the Trustee will be obligated to make a Periodic Advance that it reasonably believes to be a Nonrecoverable Advance. The Trustee may conclusively rely for any determination to be made by it hereunder upon the determination of the Master Servicer as set forth in its certificate. (b) To the extent an Other Servicer fails to make an advance on account of the taxes or insurance premiums with respect to a Mortgage Loan required pursuant to the related Other Servicing Agreement, the Master Servicer shall, if the Master Servicer has actual knowledge of such failure of the Servicer, advance such funds and take such steps as are necessary to pay such taxes or insurance premiums. To the extent Wells Fargo Bank in its capacity as Servicer fails to make an advance ▇▇ ▇ccount of the taxes or insurance premiums with respect to a Mortgage Loan required pursuant to the Wells Fargo Bank Servicing Agreement, the Master Servicer shall, if t▇▇ ▇▇ster Servicer knows of such failure of Wells Fargo Bank in its capacity as Servicer, certify to the Trustee ▇▇▇▇ such failure has occurred. Upon receipt of such certification, the Trustee shall advance such funds and take such steps as are necessary to pay such taxes or insurance premiums. (c) The Master Servicer and the Trustee shall each be entitled to be reimbursed from the Certificate Account for any Periodic Advance made by it under Section 3.03(a) to the extent described in Section 3.02(a)(i) and (a)(ii). The Master Servicer and the Trustee shall be entitled to be reimbursed pursuant to Section 3.02(a)(v) for any advance by it pursuant to Section 3.03(b). The Master Servicer shall diligently pursue restoration of such amount to the Certificate Account from the related Servicer. The Master Servicer shall, to the extent it has not already done so, upon the request of the Trustee, withdraw from the Certificate Account and remit to the Trustee any amounts to which the Trustee is entitled as reimbursement pursuant to Section 3.02 (a)(i), (ii) and (v). (d) Except as provided in Section 3.03(a) and (b), neither the Master Servicer nor the Trustee shall be required to pay or advance any amount which any Servicer was required, but failed, to deposit in the Certificate Account.

  • ▇▇▇▇ Individual Retirement Custodial Account The following constitutes an agreement establishing a ▇▇▇▇ ▇▇▇ (under Section 408A of the Internal Revenue Code) between the depositor and the Custodian.

  • RELATED EMPLOYERS If any member of the Employer's related group (as defined in Section 1.30 of the Plan) executes a Participation Agreement to this Adoption Agreement, such member's Employees are eligible to participate in this Plan, unless excluded by reason of an exclusion classification elected under this Adoption Agreement Section