“As Is” Clause. b) a restrictive covenant. Quite the opposite – an express mobility clause is extremely important should an employer wish to have some degree of flexibility in relocation. A common example of a clause providing flexibility is a mobility clause, which requires employees to move their place of work in line with the employer’s business needs. For example, if they ask to start work at 8am instead of 9am to improve their commute. The case emphasises the importance of a carefully drafted flexibility clause, and ensuring that this is reviewed before any changes are proposed/imposed. An enterprise agreement must contain a term that allows an employee and their employer to make an individual flexibility agreement (IFA) which varies the effect of terms of the agreement in order to meet the genuine needs of the employer and the individual employee. 3. These so-called flexibility clauses might relate to general employee policies, or to something more fundamental like an individual’s role or remuneration. The flexibility clause is also nicknamed the "rubber clause" because it permits the EU to decide in areas not covered specifically by the treaties. Giga-fren. Example sentences with "flexibility clause", translation memory. Giga-fren. A flexibility clause in employment contract example Creating an employment contract can be difficult. Contracts can benefit greatly from the correct clauses. Below, we provide some examples of standard form (model) jurisdiction clauses. This will include consulting the employee. [Example: Fremantle Hospital Intensive Care Unit Registered Nurses 12 Hour Shift Agreement 2014] 2. Individual flexibility arrangements Flexible working arrangements Some employees who have worked for the same employer for at least 12 months can request flexible working arrangements, such as changes to hours, patterns or locations of work. As a component of this Agreement, the Planning Commission has recommended, and City Council has approved the Conceptual Guide Plan which is considered a conceptual guide to which development of the Project will generally conform. An example of one of these clauses is below: Contract clause on flexibility of job duties. The EAT’s starting point was that, for a flexibility clause to be effective, it must clearly and unambiguously identify a right for the employer to vary the employment contract unilaterally. They may try and use a general variation term to change your job description but they're unlikely to be able to rely on a variation term in making changes that will significantly disadvantage you, such as taking overtime away from you or reducing your number of working hours. The EAT therefore found in favour of the claimants, who were the vanguard for around 80 employees bringing similar claims, and granted them a declaration that their entitlements in question had not been varied. For example, many bloggers work with companies to promote their goods or services. For example, it probably would not be reasonable to ask your secretary to clean the toilets. It also includes a flexibility clause allowing Member States to apply less costly risk-prevention measures. Model jurisdiction clauses. Drafting aside, employers should remember that, even if such a clause is present in a contract, there are limits in what it allows the employer to do and flexibility must be exercised reasonably in the particular circumstances of the case. Employers can only use flexibility clauses to make reasonable changes. The flexibility clause was included by the fathers of the Treaties in recognition of the fact that it would be impossible to provide for all contingencies that may arise throughout the integration process. Some employees, for example, may have dependents which would make a longer commute particularly difficult for them. Understanding examples of them are essential. 30 Oct 2014. Our flexible job duties clause reflects this position. Flexibility clause. Employment contracts must include a place of work. Giving government some flexibility: making your Termination for Convenience clause work. Flexibility. fr Elle comporte également une clause de flexibilit é permettant aux États membres d'appliquer des mesures de prévention des risques moins coûteuses. Below are 5 sample contract clauses to have on hand when preparing a purchase offer or a counteroffer for your clients. The employees challenged this and the EAT agreed with them. this Clause shall not prejudice any of their rights or obligations accrued prior to termination and the provisions referred to in the Clause relating to Termination for Breach as continuing obligations shall apply. The EAT further decided that, even if it had been incorporated, it would not have helped the NAO’s case, as the provision could only be relied upon in the very limited circumstances identified, which had not been shown to apply. For example, an employer might be considering a change to an employee’s place of work. The case emphasises the need to be cautious when seeking to rely on purportedly wide flexibility clauses to make unilateral changes to employees’ terms and conditions without their consent. A mobility clause in a contract is a contractual term that enables an employer to change an employee's place of work, either temporarily or on an ongoing basis. Might relate to general employee policies, or to something more fundamental like individual. You have to agree to the agreement of the limitations of these clauses, might lead to of... To give them either an advantage or flexibility in the proposal in this respect of these,!, her employer changed her working hours, which means changing the start and finish times for your.... Hart was a part time teacher who worked 3 days per week flows! Employment experts online or by calling on freephone 0330 107 6514 be exercised reasonably counteroffer for your.. T want any flexible work arrangement to have a subjective element, each case turn. 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