THIS IS A SAMPLE ONLY

Appendix 9

Existing Staff Appendix

EXISTING STAFF
APPENDIX 9 TO THE GENERAL CONDITIONS
FOR A CONTRACT TO
DESIGN, BUILD AND OPERATE
A SOLID WASTE DISPOSAL FACILITY
[Note: An existing Staff Appendix may or may not be required for this contract. It will be
required only if Existing Staff of an operational landfill are to be transferred to the Operator
through this contract. The provisions that follow set out only a sample of the kind of provisions
that could be used in a circumstance where there is Existing Staff. However, these conditions
will be significantly affected by the local law and must be reviewed on a case by case basis.]
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EXISTING STAFF APPENDIX

SECTION 1 - EXISTING STAFF IN THE SERVICE AREA

1.1 Existing Staff

(1) As of the Design-Build or New Operations Starting Date, the Existing Staff shall be
employed by and be the responsibility of the Operator, except as outlined in this Existing Staff Appendix.

(2) The Operator’s responsibility for the Existing Staff shall include,

(a) day to day direct supervision of the Existing Staff;

(b) establishing the organisational structure of the Existing Staff complement;

(c) the assignment of various responsibilities and tasks to the Existing Staff;

(d) the determination of the day to day work assignments and location of the
Existing Staff;

(e) the evaluation of the performance of the Existing Staff;

(f) hiring, firing, demotion, lay-off, retrenchment and making redundant Existing
Staff, subject to this Existing Staff Appendix;

(g) disciplinary actions with respect to the Existing Staff;

(h) managing all human resources records and information systems;

(i) engaging in all collective bargaining negotiation processes;

(j) determining the routine hours of work of the Existing Staff;

(k) determining the rates of pay of the Existing Staff;

(l) determining the benefits available to the Existing Staff; and

(m) any other activity that, under the Applicable Law, must be carried out by the
employer.

(3) The Operator’s actions toward the Existing Staff shall, at all times, be in conformity with
the Applicable Law.

1.2 Payment of the Existing Staff

(1) The Operator shall prepare all documentation necessary to pay the Existing Staff and to
calculate and apply all benefits programs and shall carry out any other payroll tasks in accordance with
the Applicable Law.

(2) All costs and expenses in respect of the Existing Staff shall be paid by the Operator,
except as provided below in Section 2.2 of this Existing Staff Appendix.
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SECTION 2 - Transition of the Owner’s Existing Staf

2.1 Transfer of the Owner’s Existing Staff

(1) The Owner shall transfer all of its employees to the Operator, except for core staff
retained by the Owner, on the Design-Build or New Operations Starting Date. The Owner shall be
responsible for any obligations owed to the Existing Staff prior to the Design-Build or New Operations
Starting Date.

(2) Except as provided in Section 2.2 of this Existing Staff Appendix, after the Design-Build
or New Operations Starting Date, the Owner shall not be the employer of or be responsible for the
Existing Staff and shall not pay the wages, salaries and benefits of the Existing Staff.

[Note: The transition of any staff to the Operator will be affected by the local law. In addition, the
Owner may have specific requirements that should be included in this appendix.]

TOR_2024-#11409782-v3-Existing_Staff_Appendix.DOC