Incoming Employees definition

Incoming Employees means individuals whose employment transfers to the Service Provider on the commencement of the provision of the Services by operation of TUPE.

Incoming Employees who become Service Provider employees are likely to be the employees of a previous service provider who is ceasing to carry out work for the Purchaser. The old service provider enjoys rights under this clause, but their obligations (if any) will be determined by the older contract that they are party to. Where two contracts based on the model contract follow each other, the obligations of the two service providers join up. If there is any prospect that the “Incoming Employees” are SG employees (i.e. that SG employees might transfer to the private sector) then SGLD Employment advice and assistance must be sought. It is noted in the principal guidance note that this model is not suitable for “outsourcing” contracts where it might be appropriate for the SG to give indemnities.

Incoming Employees is defined in Section 7.5.

Examples of Incoming Employees in a sentence

• The Contractor and the Purchaser agree that the commencement of the provision of the Services by the Contractor may constitute a Relevant Transfer in respect of the Incoming Employees.

• The Contractor indemnifies the Purchaser against and all Employee Liabilities which the Purchaser may suffer as a result of or in connection with: 32.7.1 any failure by the Contractor to comply with its obligations pursuant to TUPE in respect of the Incoming Employees; and 32.7.2 anything done or omitted to be done by the Contractor in respect of any of the Incoming Employees whether before or after the date of the Incoming Relevant Transfer.

• OR (I.E. DELETE THE FOREGOING TWO SENTENCES OR THE FOLLOWING DEPENDING ON WHAT IS APPLICABLE) The Parties agree that the commencement of the provision of the Services by the Service Provider may constitute a Relevant Transfer in respect of the Incoming Employees.

• Each of the Incoming Officers and Directors and Incoming Employees shall have delivered to Parent evidence of waiver by each such individual’s current employer of any conflict of interests, non-competition agreements or similar employment restricting agreements that may be in effect as it relates to such Incoming Officer.

• EE shall discharge the Employee Emoluments in respect of the Incoming Employees thereafter all necessary apportionments shall be made.

• The most senior Human Resources officer of the Company may specify any option permitted by law, different options with respect to some or all Incoming Employees in connection with the same Inbound Transfer, and different options with respect to different portions of an Incoming Employee’s accounts under the Plan (such as portions attributable to an Inbound Transfer or the Incoming Employee’s entire account balance).

• The most senior Human Resources officer of the Company (or his delegate) may specify any option permitted by law, different options with respect to some or all Incoming Employees in connection with the same Inbound Transfer, and different options with respect to different portions of an Incoming Employee’s accounts under the Plan (such as portions attributable to an Inbound Transfer or the Incoming Employee’s entire account balance).

• Except as provided in an applicable schedule to the Plan or as the most senior Human Resources officer of the Company (or his delegate) may specify in writing (which writing shall be incorporated by reference into and be made part of the Plan) in accordance with the succeeding provisions of this subsection (b)(4), the Members’ Accounts and ESOP Accounts of Incoming Employees shall be treated respectively in all respects as Members’ Accounts or ESOP Accounts under the Plan.

• If there is any prospect that the "Incoming Employees" are FLS employees (i.e. that FLS employees might transfer to the private sector) then [ ] advice and assistance must be sought.

• OR (I.E. DELETE THE FOREGOING TWO SENTENCES OR THE FOLLOWING DEPENDING ON WHAT IS APPLICABLE.) The Parties agree that the commencement of the provision of the Services by the Service Provider may constitute a Relevant Transfer in respect of the Incoming Employees.

More Definitions of Incoming Employees

Incoming Employees means those employees, listed as incoming employees in the Order, whose contracts of employment will transfer by virtue of TUPE to BT from you or any Existing Supplier as at the Service Start Date. “Losses” means actions, proceedings, losses, damages, awards, orders, liabilities (including any liability to taxation), claims, costs, demands and expenses, including fines, penalties, reasonable legal and other professional fees and expenses.

Incoming Employees means those employees, listed as incoming employees in the Order, whose contracts of employment will transfer to BT from you or any Existing Supplier as at the Service Start Date.