Essay About Customer Employees And Scope Position

Sample Terms and Conditions for Employee Transitions
Essay title: Sample Terms and Conditions for Employee Transitions
SAMPLE TERMS AND CONDITIONS FOR EMPLOYEE TRANSITIONS
[ IN THE UNITED STATES ]
1 Vendor shall extend offers of employment according to the terms of this Article and in
accordance with the procedures described in [Schedule] to those Customer
employees set forth in [Schedule] (collectively, the “Customer Employees”;
each, a “Customer Employee”) with an employment start date (the “Start Date”)
of no later than [DATE], unless the Customer Employee is then on an approved
leave pursuant to any of Customers leave policies, in which event it shall be the
date the Customer Employee returns to work.
2 Hiring Requirements. Vendor shall hire those Customer Employees who:
(1) are employed by Customer and have not been reassigned to an out?of?scope
position within Customer as of the date the offer is made;
(2) accept the offer of employment from Vendor within [NUMBER] business
days from the date the offer is made; and
(3) if requested by Customer, sign a release substantially in the form set forth in
[Schedule] ((1) through (3) collectively, the “Hiring Requirements”) (the
Customer Employees hired by Vendor collectively, the “Transitioned
Employees”; each, a “Transitioned Employee”).
Vendor shall make hiring decisions regarding the Customer Employees based on
the Hiring Requirements. Vendor shall be solely responsible for making
such hiring decisions, subject to the provisions of this Section.
3 Terms of Employment. Vendors offer of employment to each Customer Employee shall include the following:
(1)Base Salary. Each offer of employment to a Customer Employee shall include
an initial base salary of not less than the base salary that each such Customer
Employee received from Customer as of the Agreement Date, with any
adjustments thereto made by Customer in accordance with Customers normal
salary adjustment policies. The Customer Employees base salaries as of the
Agreement Date, [plus the applicable adjustments], are set forth in [Schedule].
[DISCUSS ADJUSTMENTS FOR ANY MATCHING CONTRIBUTION
PLANS]
(2)Positions. Vendor shall offer employment to the Customer Employees for
positions comparable to the positions in which such Customer Employees are
employed as of the Agreement Date. Each offer to a Customer Employee shall
include a benefits package of not less than the benefits package (a) that such
Customer Employee received from Customer as of the Agreement Date and (b)
available to similarly situated Vendor employees.
(3)Health Care Benefits. Each Customer Employee shall be eligible as of his or
her Start Date for enrollment in Vendors health care plans, including [major
medical, life insurance, hospitalization, dental, vision, long term disability,
pharmacy, and personal accident coverage]. Vendor shall provide each
Customer Employee with health care coverage so that on the Start Date for the
Customer Employee, he or she (and any family and dependents) is covered by
such health care plans and all pre?existing condition exceptions and exclusionary
provisions and waiting periods are waived with respect to the Customer
Employee (and any family and dependents). Vendor shall be responsible for any
medical or health expenses incurred by the Transitioned Employees incurred on
or after the Start Date. [DISCUSS CO?PAYMENT/DEDUCTIBLE
REIMBURSEMENT]
(4)Vacation. Vendor shall calculate time off for paid vacation [and sick leave]
purposes for each Customer Employee using each Customer Employees length
of service with Customer and Vendor. [DISCUSS BUYING OUT ACCRUED
VACATION/SICK LEAVE]
(5)Savings Plans. [LANGUAGE IF BENEFITS OF CUSTOMER
EMPLOYEES ARE TO BE ROLLED INTO VENDORS PLANS] Vendor
shall allow the Customer Employee, at the Customer Employees option, to
transfer his or her pre?tax benefits in the [Customer Savings Plan] to the
[Vendor Savings Plan] through (a) a direct transfer from the [Customer
Savings Plan] to the [Vendor Savings Plan] or (b) a transfer from the [Vendor
Savings Plan] to the Customer Employee and a transfer from the Customer
Employee to the [Vendor Savings Plan]. Vendor represents to Customer, and
shall provide such evidence and information as Customer may reasonably
request to confirm, that the [Vendor Savings Plan] is in full force and effect and
meets all the applicable requirements for qualifications under the Internal
Revenue Code. [DISCUSS VENDORS MATCHING CONTRIBUTIONS]
[DISCUSS HOW UNVESTED MATCHING