Common use of Service Provider Personnel Clause in Contracts

Service Provider Personnel. The Purchaser and Service Provider agree and acknowledge that in the event of the Service Provider ceasing to provide the Services or part of them for any reason, clause 32 (Staff transfer on expiry or termination) may apply. The Service Provider shall not take any step (expressly or implicitly or directly or indirectly by itself or through any other person) to dissuade or discourage any employees engaged in the provision of the Services from transferring their employment to the Purchaser and/or the Replacement Service Provider. During the Termination Assistance Period, the Service Provider shall give the Purchaser and/or the Replacement Service Provider reasonable access to the Service Provider's personnel to present the case for transferring their employment to the Purchaser and/or the Replacement Service Provider. The Service Provider shall immediately notify the Purchaser or, at the direction of the Purchaser, the Replacement Service Provider of any period of notice given by the Service Provider or received from any person referred to in the Staffing Information, regardless of when such notice takes effect. The Service Provider shall not for a period of twelve (12) months from the date of transfer reemploy or re-engage or entice any employees, service providers or Sub-contractors whose employment or engagement is transferred to the Purchaser and/or the Replacement Service Provider, except that this paragraph shall not apply where the employee, supplier or Sub-contractor applies in response to a public advertisement of a vacancy.

Appears in 4 contracts

Samples: Services Contract, Services Contract, Services Contract

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Service Provider Personnel. The Purchaser and Service Provider agree and acknowledge that in the event of the Service Provider ceasing to provide the Services or part of them for any reason, clause 32 (Staff transfer on expiry or termination) may apply. The Service Provider shall not take any step (expressly or implicitly or directly or indirectly by itself or through any other person) to dissuade or discourage any employees engaged in the provision of the Services from transferring their employment (whether entirely or partially) to the Purchaser and/or the Replacement Service Provider. During the Termination Assistance Period, the Service Provider shall give the Purchaser and/or the Replacement Service Provider reasonable access to the Service Provider's personnel to present the case for transferring their employment (whether entirely or partially) to the Purchaser and/or the Replacement Service Provider. The Service Provider shall immediately notify the Purchaser or, at the direction of the Purchaser, the Replacement Service Provider of any period of notice given by the Service Provider or received from any person referred to in the Staffing Information, regardless of when such notice takes effect. The Service Provider shall not for a period of twelve (12) months from the date of transfer reemploy or re-engage or entice any employees, service providers or Sub-contractors whose employment or engagement is transferred (whether entirely or partially) to the Purchaser and/or the Replacement Service Provider, except that this paragraph shall not apply where the employee, supplier or Sub-contractor applies in response to a public advertisement of a vacancy.

Appears in 1 contract

Samples: Services Contract

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