Employees; Drivers Clause Samples
Employees; Drivers. (a) Subject to Section 6.14(b), while Buyer is not obligated to offer employment to any employees of Sellers, Buyer intends to offer employment to all of the active Employees that satisfy Buyer’s internal hiring criteria and standards as determined in its sole reasonable discretion and for which Buyer otherwise has a reasonable need. At least five (5) Business Days prior to the Closing Date, Buyer shall provide Sellers a list of any Employees that Buyer would like to make an offer of employment. Any such offer of employment will be effective as of the Closing Date and contingent upon the Closing, and with respect to each of the Employees who is then employed by Sellers or their respective Subsidiaries or Affiliates, Buyer shall make commercially reasonable efforts to keep such employment at the same location. Any such offer of employment shall be on terms and conditions as Buyer, in its sole discretion, shall determine, without regard to the terms and conditions under which any employees of Sellers have been employed prior to the Closing Date. With respect to any Employee, Buyer will have no obligation to continue such employment after and/or beyond the date of hire of such Employee and notwithstanding anything herein to the contrary, in no event will Buyer be deemed in any way to be obligated hereby to offer any type of employment to any of Sellers’ Employees other than an employment that is terminable at will or as specifically set forth in this Agreement.
(b) Buyer shall offer to engage all active Drivers that meet hiring criteria required by Law and that satisfy Buyer’s safety, background and other internal qualification and background requirements and any other hiring criteria customary in the industry, as determined by Buyer in its commercially reasonable discretion. At least five (5) Business Days prior to the Closing Date, Buyer shall provide Sellers a reasonably detailed written status report of such offers. Any such offer of engagement will be effective as of the Closing Date and contingent upon the Closing, and any such offer shall be on such terms as determined by Buyer. Other than Drivers, Buyer shall not solicit any driver (that is not a Driver) engaged by Sellers or any of their Subsidiaries or Affiliates without the prior written approval of Sellers.
Employees; Drivers. As the Employee/Driver of Freighting Solutions the responsibilities are summarised below; • Ensuring that your present to commence work, fitness for duty, you personally are free from alcohol, drugs and substances • Always conduct your advised activities to ensure conformity with Work Health and Safety ▇▇▇ ▇▇▇▇, Regulations, Codes of Practice, Heavy Vehicle National Law and aligned Regulations • You have taken the statutory rest break as per HVNL and your start time does not place you in breach of the mentioned law • Monitoring their own performance and taking regular periods of rest to avoid continuing to work when tired or beyond your required break as per HVNL • Inspecting their vehicle prior to start-up and reporting any mechanical faults or repairs required • Complying with WHS, Fatigue and other management procedures • Complying with operating limits (e.g. Minimum continuous break for sleep) including accurately recording all hours of work and rest • Disclosing any matter that may affect your or other worker’s fitness for duty • Stopping driving if you believe your fatigue level is a risk to yourself and others • Ensuring that the vehicle does not exceed dimension or mass limits when operating • Ensuring that the load is appropriately restrained and that all parts of the vehicle within your control are secured • Safe and responsible driving practices, that comply with the legal limits and control of the vehicle allocated • Completing National Work Diary and Freighting Solutions Daily Worksheet Docket and other record requested to comply with client instructions
5.1 Chain of Responsibility Ensure that: • Your vehicle does not exceed mass limits and verification must be conducted prior to accessing and public roadway • Your vehicle and loads do not exceed dimension limits and the control of loading is your responsibility • Your load is appropriately restrained, equipment and other resources are suitable for use • Conduct a pre-trip inspection of the vehicle and record this process, more than once per shift and report any required repairs or faults Ensure goods carried on your behalf: • Do not exceed vehicle dimension limits • Do not exceed vehicle mass limits • Are appropriately secured to the vehicle Ensure that a vehicle’s load: • Does not exceed dimension limits • Does not exceed vehicle mass limits • Is placed in a way that it does not become unstable, move or fall off the vehicle; and • Documents about the vehicle’s load is not false or misleading...
Employees; Drivers. A schedule of commercial truck drivers employed by Sellers as of the Effective Date is attached to this Agreement and incorporated into this Agreement as Schedule E (the “Drivers”). Purchaser may, at its sole and absolute discretion, on the Effective Date, offer employment (at the base compensation and wage levels and on other terms and conditions as the Purchaser shall determine in its sole discretion) to any or all Drivers. Any Driver receiving and accepting an offer of employment with Purchaser who fully qualifies under the Fleet Safety Policies and Procedures of Purchaser shall, after fourteen (14) days of compliant performance of such Driver’s duties, entitle the Sellers to a placement fee of five thousand dollars ($5,000). Any Driver who is not employed by Purchaser sixty (60) days after the Effective Date shall no longer be considered a Schedule E Driver and may be hired by Purchaser and Sellers shall not be entitled to any placement fee.
Employees; Drivers