The parties also agree that the option of severance pay may be considered on a case-by-case basis at any stage, depending on the circumstances and the agreement of the parties. Temporary workers are only covered by certain clauses of this agreement. The terms and conditions as contained in the collective agreement, which may apply to temporary workers who are members of the EPI, are contained in Appendix II of this agreement. A Registered Employment Contract (REA) is a collective agreement between a union or union and a single employer, employer group or employer organization. An REA may set the wages and conditions of employment of the workers mentioned in the agreement. An REA must be registered with the labour court. The effect of registration makes the REA mandatory for notifying parties. Before the expiry of the contract date, the contracting parties may, by written agreement, amend one or all of the provisions, including the expiry date. An employee may retire voluntarily or for medical reasons with the approval of the Director General. This agreement will be available as a collective agreement for new employees who do not apply to employees whose positions are excluded under the above clause, in accordance with the Employment Relations Act 2000. In the event of an overstaffing situation, the Chief Executive may, after consultation with the EPI, confirm in the same position or in a similar position, or reassign to the workers concerned an alternative position for which they are able to reassign them. This may include mediation to an appropriate agency within an existing agency or a new structure or agency set up as part of the restructuring. After confirmation and agreement between the Executive Chief and PSA on reassignment, when vacancies are still vacant and candidates are PSA members, the employer and the EPI will meet to assess the skills of all employees who do not yet have a position and to reach agreement on the process for appointing new positions.
The Industrial Relations (Amendment) Act 2015 provides for a system of registered employment contracts. According to Section 8 of the Act, the labour tribunal maintains a register of employment contracts. The Chief Executive advises the EPI on the names and locations of all affected staff members who are PSA members and who are not provided by confirmation or reassignment. This consultation must be provided at least one month before the date on which surplus staff are to be laid off. If circumstances warrant, this date may be changed with the agreement of the Chief Executive and the EPI. Additional information is provided to the EPI upon request. (iii) In cases where there is more than one clear candidate, the Director-General is consulted with a view to reaching an agreement with the EPI, i.e.: in addition to provisions such as the national minimum wage, some workers are covered by specific agreements that deal with the wages and working conditions of the workers concerned and which can be included in a worker`s employment contract.