STAFF TRANSFER Clause Samples
The STAFF TRANSFER clause governs the movement of employees from one party to another, typically in the context of outsourcing, mergers, or service transitions. It outlines the conditions under which staff may be transferred, such as the timing, notification requirements, and the handling of employment terms and benefits. This clause ensures a smooth transition of personnel, clarifies responsibilities for employment liabilities, and helps prevent disputes related to staff rights and obligations during organizational changes.
STAFF TRANSFER. 28.1 The Parties agree that nothing in the Call-Off Contract or the provision of the Services is expected to give rise to a transfer of employment to which the Employment Regulations apply.
28.2 The Supplier will fully indemnify the Buyer against all Supplier Staff Liabilities which arise as a result of any claims brought against the Buyer due to any act or omission of the Supplier or any Supplier Staff.
28.3 The indemnity given in Clause 28.2 will be uncapped.
STAFF TRANSFER. 9.1 The Parties agree that:
9.1.1 where the commencement of the provision of the Services or any part of the Services results in one or more Relevant Transfers, Schedule 2 (Staff Transfer) shall apply as follows:
(a) where the Relevant Transfer involves the transfer of Transferring DFID Employees, Part A of Schedule 2 (Staff Transfer) shall apply;
(b) where the Relevant Transfer involves the transfer of Transferring Former Supplier Employees, Part B of Schedule 2 (Staff Transfer) shall apply;
(c) where the Relevant Transfer involves the transfer of Transferring DFID Employees and Transferring Former Supplier Employees, Parts A and B of Schedule 2 (Staff Transfer) shall apply; and
(d) Part C of Schedule 2 (Staff Transfer) shall not apply.
9.1.2 where commencement of the provision of the Services or a part of the Services does not result in a Relevant Transfer, Part C of Schedule 2 (Staff Transfer) shall apply and Parts A and B of Schedule 2 (Staff Transfer) shall not apply; and
9.1.3 Part D of Schedule 2 (Staff Transfer) shall apply on the expiry or termination of the Services or any part of the Services;
9.2 The Supplier shall both during and after the Term indemnify DFID against all Employee Liabilities that may arise as a result of any claims brought against DFID by any person where such claim arises from any act or omission of the Supplier or any Supplier Personnel.
STAFF TRANSFER. 17.1. Where the commencement of the provision of the Services or any part of the Services results in one or more Relevant Transfers, Contract Schedule 5 (Staff Transfer) shall apply as follows:
17.1.1 where the Relevant Transfer involves the transfer of Transferring Customer Employees, Part A of Contract Schedule 5 (Staff Transfer) shall apply;
17.1.2 where the Relevant Transfer involves the transfer of Transferring Former Supplier Employees, Part B of Contract Schedule 5 (Staff Transfer) shall apply;
17.1.3 where the Relevant Transfer involves the transfer of Customer Employees and Transferring Former Supplier Employees, Parts A and B of Contract Schedule 5 (Staff Transfer) shall apply; and
17.1.4 Part C of Contract Schedule 5 (Staff Transfer) shall not apply;
17.2. Where commencement of the provision of the Services or a part of the Services does not result in a Relevant Transfer, Part C of Contract Schedule 5 (Staff Transfer) shall apply and Parts A and B of Contract Schedule 5 (Staff Transfer) shall not apply.
17.3. Part D of Contract Schedule 5 (Staff Transfer) shall apply on the expiry or termination of the Services or any part of the Services.
17.4. The Supplier shall both during and after the Contract Period indemnify the Customer against all Employee Liabilities that may arise as a result of any claims brought against the Customer by any person where such claim arises from any act or omission of the Supplier or any Supplier Personnel.
STAFF TRANSFER. The Parties agree that:
STAFF TRANSFER. 20.1 The Parties agree that1:
20.1 on the commencement of the provision of any of the Services or any part of the Services Part C of Schedule 14 shall apply and Parts A, B and D of Schedule 14 (Staff Transfer) shall not apply; and
20.2 on the expiry or termination of the Services or any part of the Services, Part E of Schedule 14 (Staff Transfer shall apply.
STAFF TRANSFER. The Parties agree that : where the commencement of the provision of the Services or any part of the Services results in one or more Relevant Transfers, Call Off Schedule 11 (Staff Transfer) shall apply as follows: where the Relevant Transfer involves the transfer of Transferring Authority Employees, Part A of Call Off Schedule 11 (Staff Transfer) shall apply; where the Relevant Transfer involves the transfer of Transferring Former Supplier Employees, Part B of Call Off Schedule 11 (Staff Transfer) shall apply; where the Relevant Transfer involves the transfer of Transferring Authority Employees and Transferring Former Supplier Employees, Parts A and B of Call Off Schedule 11 (Staff Transfer) shall apply; and Part C of Call Off Schedule 11 (Staff Transfer) shall not apply; where commencement of the provision of the Services or a part of the Services does not result in a Relevant Transfer, Part C of Call Off Schedule 11 (Staff Transfer) shall apply and Parts A and B of Call Off Schedule 11 (Staff Transfer) shall not apply; and Part D of Call Off Schedule 11 (Staff Transfer) shall apply on the expiry or termination of the Services or any part of the Services; The Supplier shall both during and after the Call Off Contract Period indemnify the Customer against all Employee Liabilities that may arise as a result of any claims brought against the Customer by any person where such claim arises from any act or omission of the Supplier or any Supplier Personnel.
STAFF TRANSFER. 27.1. The Parties agree that
1.1. if providing the Services means staff must be transferred from the Customer to the Supplier, where the commencement of the provision of the Services or any part of the Services results in one or more Relevant Transfers, Schedule 3 (Staff Transfer) will apply as follows:
a) where the Relevant Transfer involves the transfer of Transferring Customer Employees, Part A of Schedule 3 (Staff Transfer) will apply b) where the Relevant Transfer involves the transfer of Transferring Former Supplier Employees, Part B of Schedule 3 (Staff Transfer) will apply
STAFF TRANSFER. The parties acknowledge that the commencement, expiry or termination of this Agreement or any Services and the provision of certain services during the Service Period may constitute a relevant transfer for the purposes of the Employment Regulations. However, the DCC and the Contractor agree that it is the intention of the parties that at the Signature Date and at all times during the Service Period, and upon termination or expiry (for whatever reason whether in whole or in part), the Employment Regulations shall not apply in such a way so as to transfer the employment (or any associated or related liabilities) of any employees or former employees of the DCC, any DCC Service Provider, any DCC Service User or any DCC Service User Provider to the Contractor or any Contractor Person in connection with the commencement or provision of any DCC Service. The provisions of Schedule 9.1 (Staff Transfer) shall apply from the Signature Date.
STAFF TRANSFER. The parties acknowledge that the commencement, expiry or termination of this Agreement or any Services and the provision of certain services during the Service Period may constitute a relevant transfer for the purposes of the Employment Regulations. The provisions of Schedule 9.1 (TUPE) will apply in such situations. The parties shall comply with their respective obligations and may exercise their respective rights under Schedule 9.1 (TUPE).
STAFF TRANSFER. 22.1 The Parties agree that:
22.1.1 where the commencement of the provision of the Services or any part of the Services results in one or more Relevant Transfers, Schedule 11 (Staff Transfer) shall apply as follows:
(a) where the Relevant Transfer involves the transfer of Transferring Authority Employees, Part A of Schedule 11 (Staff Transfer) shall apply;
(b) where the Relevant Transfer involves the transfer of Transferring Former Supplier Employees, Part B of Schedule 11 (Staff Transfer) shall apply;
(c) where the Relevant Transfer involves the transfer of Transferring Authority Employees and Transferring Former Supplier Employees, Parts A and B of Schedule 11 (Staff Transfer) shall apply; and
(d) Part C of Schedule 11 (Staff Transfer) shall not apply;
22.1.2 where commencement of the provision of the Services or a part of the Services does not result in a Relevant Transfer, Part C of Schedule 11 (Staff Transfer) shall apply and Parts A and B of Schedule 11 (Staff Transfer) shall not apply; and
22.1.3 Part D of Schedule 11 (Staff Transfer) shall apply.