Common use of Shut Down Clause in Contracts

Shut Down. F.1.6.1 Where an employer requires the business operation or part of it to be temporarily shut down the employer may require the employee to take annual leave by giving the employee notice of the requirement at least 2 months before the period of annual leave is to begin. F.1.6.2 No more than two shut downs can occur in one calendar year. F.1.6.3 Where: F.1.6.3.1 an employee is unable to attend work because of a shut down, and: F.1.6.3.2 that employee has not accrued a full year’s entitlement to annual leave that employee must be allowed to take pro rata annual leave calculated in accordance with the formula specified in F.1.3.2. F.1.6.4 Where an employee is required to take leave in accordance with F.1.6.1, and the employee does not have a full or pro rata credit of leave, the employee may be stood off without pay during the period of the close-down for any time in excess of the employee’s leave credit. F.1.6.5 All time that the employee is stood off without pay for the purposes of F.1.6.4 is deemed to be time of service in the next 12 monthly qualifying period.

Appears in 2 contracts

Sources: Employee Collective Workplace Agreement, Employee Collective Workplace Agreement