En este contexto, las Partes acuerdan lo siguiente:. As of May 20, , Workday Group has incorporated a company in Spain. Workday employees rendering services in Spain have been employed by the Transferor. In this context, the Parties now agree as follows:. Cambio de empleador. Change of employer. As a result of this transfer, an employment relationship will, therefore, be established between the Employee and the Transferee as of the transfer date and the employment relationship between the Employee and the Transferor will cease to exist. The Employee and the Transferee, therefore, agree that 1 January is the authoritative date when calculating the length of services with the Transferee.
The employment relationship between the Employee and the Transferee will remain subject to the same Collective Bargaining Agreement currently applied in the Transferor. As of the transfer date, the Transferee will be liable for all costs and any claims of the Employee in relation to his employment relationship, irrespective of whether these relate to the period before or after the transfer date. This also applies to any amendment of this written form requirement clause. The ineffective provision is deemed replaced by such effective provision which corresponds as closely as possible to the intention and purpose of the ineffective provision.
In case of controversy between the two versions, the Spanish one shall prevail. Workday BV. Workday Spain. Melanie Vinson. El Trabajador.
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D Luciano Fernandez Gomez. In witness whereof, the Parties initial each page and sign each of the pages in which this Agreement is issued in the place and on the date written above. Mr Shaun Redgrave. The Employee. Mr Luciano Fernandez Gomez. July 30, Dear Luciano,. You will also receive a UK Secondment Agreement recording the terms of the assignment that will be used purely to comply with UK employment law requirements but your ultimate employer will continue to be Workday Espana while you are on this temporary assignment.
This plan, including terms and conditions, shall be confirmed shortly after commencing your secondment. Your normal hours of work will be am to pm Mondays to Fridays. By accepting this offer you warrant and agree that:. You are under no employment contract, bond, proprietary information agreement, invention agreement, confidentiality agreement or other obligation, which would breach or be in conflict with the terms and conditions of your employment with us or encumber your performance of duties assigned to you by us;.
You have not signed or committed to any employment or consultant duties or other obligations, which would divert your full attention from the duties assigned to you by us under your employment;. You are currently in good health and will pass any medical examination necessary for the establishment of your benefits package; and. As a pre-condition of your secondment with the Company, you will provide to the Company, before you commence your secondment, your passport and documentation which gives you the unrestricted right to work in the UK which will be copied and returned to you.
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We may pass details relating to you to Workday UK Ltd and may pass these details to other group companies in any country to which you are transferred. Your details will continue to be handled with appropriate care. Additionally, you will be entitled to 29 vacation days per year, excluding statutory and public holidays set by the UK Government. To the extent that any of the benefits offered to you in your employment package constitute taxable income you will be responsible for all related tax liabilities.
By signing this letter you agree to indemnify the Company against this liability. The Company may require security for monies due pursuant to this as a precondition of exercise. This offer of assignment to the Company comprises this letter, and the UK secondment agreement. Your acceptance of this offer requires you signing this letter and returning it to us by [August 15, ] failing which the offer shall lapse.
The start date for your secondment is to be no later than [August 1, ]. This offer also requires that the Company receive two satisfactory references, failing which the offer will lapse unless you have accepted the offer in which case the offer will terminate. You will be given the Secondment Agreement in the form attached within one month of your start date, which you will be required to sign.
No prior promises, representations or understandings relative to any terms or conditions of your employment are to be considered as part of the offer of employment to you unless expressed in writing in this offer package.
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Yours sincerely,. I accept the offer of an assignment with Workday UK Limited. UK Secondment Agreement. This agreement sets out the contractual terms between the Host and the Employee during the term of his secondment to the Host from the Primary Employer. Date of Employment. The Employee began work at Workday B.
Netherlands entity on 1 January and transferred to Workday Espana S. Spain entity on 1 July Workday Espana S. During the assignment, the terms set out in this secondment agreement will apply between the parties. Nature of Employment. The Employee shall carry out such duties as shall from time to time be assigned to him by the Host.
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The line manager may be altered at the discretion of the Primary Employer or the Host. The Employee may, however, at the absolute discretion of the Host, devote a reasonable amount of time and attention to civic, community or charitable activities and with the written approval of the Host the Employee may serve as a director of other corporations or companies not competitive with the Primary Employer or the Host and to other types of business or public activities not expressly mentioned in this paragraph.
Right to work in the UK. The Employee warrants that he is entitled to work in the United Kingdom without any additional approvals and will notify the Host immediately if he ceases to be so entitled. Notice of Termination of the Assignment. After notice has been served by the Host or the Employee to terminate the assignment, the Host may:. For the avoidance of doubt during the notice period the Employee will continue to be bound by the terms of the secondment agreement and the agreement with the Primary Employer.
The Employee shall return to the Primary Employer on termination of the assignment. This plan, including terms and conditions, shall be confirmed shortly after commencing employment. As a pre-condition of payment, the Employee will be expected to produce vouchers, receipts, or other evidence of the expenses in respect of which the Employee claims reimbursement. Other Benefits. In addition to the above remuneration and subject to the terms of any scheme from time to time, the Employee shall be eligible to receive the following benefits:. To the extent that any of the benefits are taxable the Employee will be responsible for all those liabilities.
A contracting out certificate is not in force in respect of the employment. The Host shall have no liability to pay any benefit to the Employee unless it receives payment from the insurer. Participation in any insurance or assurance scheme will end when the Employee attains whichever is the greater of the age of 65 and the state pensionable age. Place of Work. If the Host requires the Employee to change his residence the Host will reimburse such removal and other incidental expenses, as the Host considers reasonable in the circumstances.
In addition, the Employee shall travel to such parts of the world as the Host may direct or authorise. If the Host requires the Employee to work outside the United Kingdom for a period of more than one month it will provide him with written details of any terms and conditions which may apply to that work. Hours of Work. The normal working hours of the Employee will be from 9. In addition the Employee shall be required to work at such other times as the Host may reasonably require to meet the needs of the business.
The Employee will not receive additional payment for such further work. The Employee accepts that by signing this agreement he has agreed that regulation 4 1 of the Working Time Regulations shall not apply.
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