TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
CHAPTER 9-2300. PROTECTION OF DISPLACED CONTRACT WORKERS
§9-2302. Transition Employment Period.
All service contractors and awarding authorities who
enter into service contracts to be performed within the City of Philadelphia
shall be subject to the following obligations:
(1) The awarding
authority shall give advance notice to a service contractor, and any collective
bargaining representative of any of the service contract employees, that a
service contract will be terminated or ended and the name, telephone number and
address of the successor contractor or contractors if known. The terminated or
ending contractor shall, within three (3) days after receipt of such notice,
provide to the successor contractor, the name, date of hire, and employment
occupation classification of each employee employed at the site or sites covered
by the predecessor contractor at the time of receiving said
notice.
(2) On the date said contract ends, the terminating or ending
contractor shall update the information previously provided to make it current
to the actual termination date.
(3) If the terminating contractor is not
notified of the identity of the successor contractor, in the notice required by
paragraph 1, the terminating contractor shall provide such information to the
awarding authority within three (3) days of receipt of such notice. The awarding
authority shall be responsible for providing such information to the successor
contractor as soon as that contractor has been selected.
(4) A successor
contractor or sub-contractor shall retain, for a 90-day transition employment
period commencing with the onset of the successorship service contract, all
employees who have been employed by the terminated contractor or its
sub-contractor at the site or sites covered by the contract for at least the
eight months immediately preceding the date the predecessor contract is
terminated.
In the event that the successorship service contract is
terminated or ended prior to the expiration of the 90-day transition employment
period, then any contractor or sub-contractor awarded a subsequent successorship
service contract shall be bound by the requirements set forth in this subsection
to retain, for a new 90-day transition employment period commencing with the
onset of the subsequent successorship service contract, all employees who have
been employed by any one or combination of the terminated or ending contractors
at the site or sites covered by the contract for at least the eight months
immediately preceding the date of the most recently terminated or ended
contract.
The successor contractor or sub-contractor shall hand deliver
a written offer of employment to each employee as required by this section in
the employee's native language or another language in which the employee
is fluent. Such offer shall state the time within which the employee must accept
such offer but in no case may that time be less than ten days from the date of
the offer and in no case may the tenth day occur any later than five days prior
to the expiration of the predecessor contract.
The written offer
required by this Section shall be substantially in the form set forth in Section
9-2304 in a language in which each employee is fluent.
(5) If at any
time a successor contractor determines that fewer employees are required to
perform the new service contract than were required by the terminated
contractor, the successor contractor shall be required to retain employees by
seniority within each job classification.
(6) During such 90-day period,
the successor contractor shall maintain a preferential hiring list of employees
eligible for retention under Section 4, not retained by the successor contractor
from which the successor contractor shall hire additional
employees.
(7) Except as provided under subsection (6) of this section,
during such 90-day period, the successor contractor shall not discharge without
cause an employee retained pursuant to this Chapter. Cause shall be based only
on the performance or conduct of the particular employee.