Acquired Rights Directive. BMS and Xxxx Xxxxxxx acknowledge and agree that under the provisions implementing the Acquired Rights Directive, each contract of employment between BMS or any other member of the BMS Group and a Foreign Xxxx Xxxxxxx Transferred Employee and, subject to applicable law, any labor or collective bargaining agreement or works council agreement shall have effect for the Foreign Xxxx Xxxxxxx Transferred Employees employed primarily in Europe as if originally made between Xxxx Xxxxxxx or another member of the Xxxx Xxxxxxx Group and the Foreign Transferred Employee or between Xxxx Xxxxxxx or another member of the Xxxx Xxxxxxx Group and the other parties to the labor or collective bargaining agreements or works council agreements, as the case may be.
Acquired Rights Directive. In accordance with its obligations under local legislation implementing ARD Laws, any relevant collective bargaining agreements and other Applicable Laws, Provider shall provide to Company in writing such information as is necessary so as to enable Company to carry out in good time its obligations to inform and consult under ARD Laws, and any other Applicable Laws. It is the Parties’ intention that ARD Laws shall apply to each of the Affected Employees in ARD Countries (“ARD Affected Employees”), that the time of transfer under ARD Laws be the date of hire by Provider, and that the contract of employment between Company and each of the ARD Affected Employees shall have effect on and from the date of hire by Provider as if originally made between each such ARD Affected Employee and Provider. Provider shall comply with ARD Laws (and other Applicable Laws) with respect to the ARD Affected Employees before, on and after the date of hire by Provider. To the extent that any entitlement under a ARD Affected Employee’s contract of employment or ancillary employment rights is not automatically transferred to Provider under ARD Laws (e.g., certain occupational pension rights in the United Kingdom), then [*].
Acquired Rights Directive. To the extent necessary to comply with the Acquired Rights Directive (77/187 EEC) as enacted in the Member States of the European Union and similar laws in other jurisdictions which safeguard the rights of employees in transfers of undertakings, businesses or parts of businesses (collectively, the "Transfer Laws"), Seller and Buyer shall comply with their respective obligations under the Transfer Laws, including any obligations to maintain certain terms and conditions of employment of the Motors Business Employees.
Acquired Rights Directive. The Buyer shall have provided the Sellers with the necessary information and cooperation to ensure that the Seller is able to meet its obligations under the Acquired Rights Directive.
Acquired Rights Directive. 14 Action.......................................................... 2 Affiliate ....................................................... 2 Agreement ................................................... 1
Acquired Rights Directive. The Parties shall comply with their potential obligations under the Council Directive 2001/23/EC and corresponding local laws (collectively, the “Directive), and where applicable, shall provide the information to each other which may be required under the Directive to reasonably consult with their respective employees, and current or future suppliers of Services (as “Services” is defined immediately below). In a manner that is consistent with the foregoing obligation, S-A shall use its commercially reasonable efforts to treat its respective employees involved in the Promotion Efforts, Marketing Efforts or R&D Efforts for the Product in Belgium, The Netherlands, Luxembourg or Germany (respectively the “Affected Employees,” and the “Services”), in a manner that is commensurate with that used by S-A with respect to its other employees performing similar commercial or research and development services for other products with similar market potential or product life as Product, in S-A’s pharmaceutical business (for example with respect to employees’ opportunities to transition their services to different products, the administration of severance packages, etc.), in order to limit or to mitigate the need for any of such Affected Employees to avail themselves of their rights under the Directive. In the event that after the Effective Date, any of the Affected Employees makes a successful claim that its employment rights are protected as a result of a transfer of undertaking in accordance with the Directive, whether against P&G or a third party hired by P&G to perform any of the Services, S-A will indemnify P&G for (i) the cost of salaries, benefits, and severance payments paid by P&G or such third parties to the Affected Employee that are substantially similar to and consistent with such amounts paid by S-A to such Affected Employee on the date the Affected Employee makes his/her claim (or the date such Employee was last employed by S-A,
Acquired Rights Directive. The parties shall mutually share with each other the necessary information and cooperation to ensure that the Sellers, the Buyer and the Acquired Entities, are able to meet their respective obligations under the Acquired Rights Directive.
Acquired Rights Directive. Each Seller Company shall have complied with all applicable obligations to inform and consult under the Acquired Rights Directive and all waiting and other periods with respect thereto shall have expired at least two (2) Business Days prior to the Closing Date, unless otherwise agreed to by Buyer and Seller.
Acquired Rights Directive. 28.1 Within the last 2 years there has not been any disposals or acquisitions of a business or undertaking or part thereof by any Group Company to which the Transfer of Undertakings (Protection of Employment) Regulations 2006, or any local equivalent legislation, applied.
