Common use of Voluntary Change Clause in Contracts

Voluntary Change. 12.01 Any vacant post or lately created governed by the accreditation is posted at the usual places during one five (5) working days period. At the same time, the employer transmits copy of posting to the trade union. Within a reasonable delay preceding posting, the employer forwards copy posting with any employee goes away for one or the other from the reasons envisaged with convention. 12.02 A station is regarded as vacant when the regular employee who occupied it left in a final way. 12.03 Unless the station is not abolished, when a station becomes vacant, posting is done in the five (5) working days following the release of the station; at the same time, the employer transmits copy of the aforesaid posting to the local trade union. 12.04 Indications being parts of the station and having to appear on postings are: a) The title of employment; b) The statute; c) The period of posting; d) Requirements of the station; e) The number of hours per week; f) The quarter of work. 12.05 Any employee has the right during the period of posting to present her written candidature for the employer unless the employee could successfully supplement the trial period for the aforementioned station and this, in the six (6) months preceding the period by posting. 12.06 The station must be granted and is filled by the employee who has the most seniority among those which presented their candidature for the condition than it can satisfy the normal requirements with the task. The requirements must be relevant and in relation to the station to be filled. In the event of objection, the burden of the proof belongs to the employer. For this purpose, the employer posts the nomination in the ten (10) days which follow the end of the period of posting envisaged to paragraph 12.01. Copy this posting is transmitted immediately to the local trade union and to the employee concerned. If the employer did not receive any candidature at the end of the period of posting envisaged in paragraph 12.01 or that all the candidatures were rejected for a valid reason, subject to the disputes if necessary, the employer proceeds to fill the station by using resources external with the unit of negotiation. 12.07 The vacancy created by promotion, the transfer or the retrogradation following or of postings must also be posted according to procedure Ci-high mentioned. 12.08 The employer shall give the candidate to which the position is assigned a trial period of a maximum of thirty (30) working days during which she receives the required training to allow them to adapt. This period cannot be interrupted without an absence authorized by this convention. If the employee is maintained in its new position at the end of the trial period, he is deemed at that time, to meet the normal requirements of the job. 12.09 During the trial period, the employee who decides to reinstate her old station or which has to reinstate her old post office at the request of the employer does it without damage with her rights acquired to her old station. If the employee has to reinstate her old station, it falls to the employer to prove that the employee did not satisfy the normal requirements with the task. 12.10 a) The employee assigned to a station out of field of application of this convention is entitled to one trial period twelve (12) months.