Hospital and Health Boards Regulation 2023
sec.9Movement of health service employees employed on a contract
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sec.9 Movement of health service employees employed on a contract
This section applies to the movement of a health service employee to another health system employer— under section 7 if, immediately before the movement, the employee was appointed on a contract; or under section 8 . The employee is taken to be employed by the health system employer under the contract under which the employee was employed before the movement. If a provision in the employee’s contract is inconsistent with a movement under this part, the movement takes effect despite the inconsistency. If, immediately before the movement, the employee was appointed on a contract for a fixed term, the employee is appointed for the following period from the movement— if a period is stated in the agreement or written direction given under section 7 or 8 for the movement—the period stated; if no period is stated in the agreement or written direction—the period remaining on the term of the employee’s contract. The period stated in the agreement or written direction mentioned in subsection (4) (a) may not be more than the period remaining on the term of the employee’s contract. (sec.9-ssec.1) This section applies to the movement of a health service employee to another health system employer— under section 7 if, immediately before the movement, the employee was appointed on a contract; or under section 8 . (sec.9-ssec.2) The employee is taken to be employed by the health system employer under the contract under which the employee was employed before the movement. (sec.9-ssec.3) If a provision in the employee’s contract is inconsistent with a movement under this part, the movement takes effect despite the inconsistency. (sec.9-ssec.4) If, immediately before the movement, the employee was appointed on a contract for a fixed term, the employee is appointed for the following period from the movement— if a period is stated in the agreement or written direction given under section 7 or 8 for the movement—the period stated; if no period is stated in the agreement or written direction—the period remaining on the term of the employee’s contract. (sec.9-ssec.5) The period stated in the agreement or written direction mentioned in subsection (4) (a) may not be more than the period remaining on the term of the employee’s contract.
- (a) under section 7 if, immediately before the movement, the employee was appointed on a contract; or
- (b) under section 8 .
- (a) if a period is stated in the agreement or written direction given under section 7 or 8 for the movement—the period stated;
- (b) if no period is stated in the agreement or written direction—the period remaining on the term of the employee’s contract.