LEGAL POSITION Clause Samples

LEGAL POSITION. 1. Phase 1-2 a. The agency worker is working in phase 1-2*, as long as he has not worked for the same employment agency for more than 52 weeks. b. In phase 1-2, the agency worker is always working on the basis of an agency work employment contract with agency clause, unless it has been explicitly agreed in writing in the agency work employment contract that the agency clause does not apply. c. The 52 weeks in phase 1-2 are added up (only weeks worked and holiday weeks on full pay are counted, in accordance with Article 2, under e), as long as any interruption between two agency work employment contracts does not exceed six months. If there has been an interruption of six months or more, the counting of phase 1-2 starts at zero again. d. The agency work employment contract which, within one month, succeeds a previous agency work employment contract with the same employment agency and the same client, can only be entered into for a minimum duration of four weeks.

LEGAL POSITION. 1. Phase 1-2 a. The agency worker is working in phase 1-2, as long as he has not worked for the same employment agency for more than 78 weeks. b. In phase 1-2, the agency worker is always working on the basis of an agency work employment contract with agency clause, unless it has been explicitly agreed in writing in the agency work employment contract that the agency clause does not apply. c. The 78 weeks in phase 1-2 are added up (only weeks worked are counted), as long as any interruption between two agency work employment contracts does not exceed six months. If there has been an interruption of six months or more, the counting of phase 1-2 starts at zero again. d. The agency work employment contract for a definite period of time without agency clause which, within one month, succeeds a previous agency work employment contract for a definite period of time without agency clause with the same employment agency and the same client, can only be entered into for a minimum duration of four weeks. e. From 3 January 2022, a period of 52 weeks worked instead of 78 worked weeks applies to an agency worker who starts counting the weeks worked in phase 1-2 on or after 3 January 2022. In the case of this agency worker, whenever this paragraph under a to d reads 78 weeks worked, it must be read as 52 weeks worked. f. For an agency worker who started counting the weeks worked in phase 1-2 before 3 January 2022 (whether or not on the basis of successive employer status) and there has not been an interruption of more than six months, a term of 52 weeks worked instead of 78 worked weeks applies from 2 January 2023. For this agency worker, whenever this paragraph under a to d reads 78 weeks worked, it must from that moment also read 52 weeks worked. This means that: • the agency worker who on 2 January 2023 worked in phase 1-2 52 weeks or more enters phase 3; • the agency worker who on 2 January 2023 worked in phase 1-2 not yet 52 weeks or more enters phase 3 on the date on which the number of hours worked is 52 after 2 January 2023 and his employment is continued. When entering phase 3, the then current or new agency work employment contract will be regarded as the first agency work employment contract in phase 3. The 53rd to 78th weeks worked in phase 1-2 before 2 January 2023 do not count in phase 3 in terms of duration and number of agency work employment contracts

LEGAL POSITION. (1) As managing director, Dr. de Meleghy Jr. will direct the Company’s affairs and represent the Company according to its Articles of Association as amended from time to time. (2) The Company may appoint further managing directors. All managing directors together form the management board (Gesamtgeschäftsführung). The shareholders determine the allocation of duties among the managing directors from time to time. (3) The Managing Director shall conduct the business of the Company and carry out his duties within the limits of and in accordance with • applicable provisions of law; • the Articles of Association of the Company; • shareholders’ resolutions of the Company; • the Company rules and regulations for management (if any); and • this Employment agreement.

LEGAL POSITION. The settlement of claims in respect of missing persons would be governed by the provisions of Section 107/108 of the Indian Evidence Act, 1872. Section 107 deals with presumption of continuance and section 108 deals with presumption of death. As per the provisions of Section 108 of the said Act, presumption of death can be raised only after a lapse of seven years from the date of his/her being reported missing. As such, nominee/legal heirs have to raise an express presumption of death of the subscriber under Section 107/108 of the Indian Evidence Act before a competent court. If the court presumes that he/she is dead, then the claim in respect of a missing person can be settled as is done for any other deceased accounts.

LEGAL POSITION. This search is being carried out by consent and there are no legal, i.e. statutory or common law powers that are being relied upon by the MPS in order to carry it out. The ▇▇▇▇▇ family have been made fully aware of the police investigation to date and have given their consent for the MPS to enter their property (on a date to be agreed) for the specific purpose of carrying out a final search for ▇▇▇▇▇▇’s remains. This consent is provided on the express understanding that all parties adhere to the conditions that are set out below. Should any of these conditions be breached, the ▇▇▇▇▇ family may withdraw their consent for the search to be carried out or, if it has started, for it to continue. The ▇▇▇▇▇ family also have the right to withdraw consent at any time whether or not any of the conditions have been breached, without providing any rationale for this. The purpose of this document is to make all parties aware of the conditions which have been agreed in advance, in order that they are respected throughout the search.

LEGAL POSITION. It is unlawful to discriminate against an individual on the following grounds: • age • disability • gender reassignment • marriage and civil partnership • pregnancy and maternity • race • religion or belief • sex • sexual orientation Under the Equality Act 2010 these are known as “protected characteristics”. It is unfair to discriminate against an individual on the following grounds:- • Political views • Family or caring responsibilities • Chronic illness or HIV/ Aids status • Socio Economic Status.