Mondelez 2012 Annual Report Download - page 190

CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS
THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE
VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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8.1.1
Offers and Employment.
8.1.1.1
Supplier Offers of Employment
. Except as otherwise provided with respect to employees in Deferred Countries and
Directed Employees, Supplier shall extend offers of at-will employment to all Affected Kraft Foods Global Personnel
(other than contractors) at least 30 days before the Commencement Date, on a schedule and in a manner that is pre-
approved and in coordination with Kraft and the Eligible Recipients. Supplier shall extend offers to the Directed
Employees who are designated in the applicable Supplement as receiving an offer, at least 30 days before the end of such
employee’s Directed Employee Period (except for those Directed Employees who prior to the Directed Employee Period
were extended an offer by Supplier and subsequently turned down such offer) and shall extend offers to the Affected
Employees in the applicable Supplement (other than contractors) who are in a Deferred Country at least 30 days before
Supplier is scheduled to begin performing Services in that country. Such offers will be made in accordance with Supplier’s
normal employment policies to the extent such policies are consistent with the requirements of this Agreement. Except as
provided in the applicable Supplement, Supplier shall waive any preconditions to such offers, including background
checks, drug testing and/or medical examinations. Such offers shall be for employment for an indeterminate period of time
with Supplier in positions comparable to those held by such employees at Kraft or another Eligible Recipient, as
applicable, and with initial base wages or salaries at least equal to that paid or provided to such personnel as of the
Effective Date, except for those employees in Deferred Countries who, with Kraft’s approval, transition to Supplier on or
after April 1, 2007, in which event such offers will be at initial base wages or salaries at least equal to that paid or provided
to such personnel as of April 1, 2007. In addition, Supplier will allocate and pay the amounts described in the applicable
Supplement . Unless otherwise specified in the applicable Supplement or agreed by the Parties, personnel accepting such
offers shall be hired by Supplier effective as of the Commencement Date.
8.1.1.2 On-Leave Employees . With respect to any Affected Personnel who, on the Commencement Date, is not actively at work
or is on leave status, including without limitation personal, medical, disability, industrial or sick leave, such individual
shall remain an employee of the applicable employing Entity until such employee returns to work, with physician’s release
or other appropriate documentation, as applicable, releasing the employee to resume his or her prior work schedule. If such
personnel returns to work within six months after the Commencement Date or, if later where required by applicable law
outside of the United States, immediately following the expiration of their such leave, with physician’s release or other
appropriate documentation, as applicable, releasing the employee to resume his or her work schedule, Supplier shall
promptly extend an offer of employment to such employee and the compensation and other terms and conditions of such
offer shall be as set forth in this Article 8 . In the event the two U.S.-based Affected Personnel who are on military leave
return to work later than six months after the Commencement Date, Supplier will consider such Affected Personnel for
open positions at Supplier. Personnel accepting such offers shall be hired by Supplier effective on such person’s first day
of work with