Mondelez 2012 Annual Report Download - page 191

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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Supplier. If such personnel do not return within such six-month period or, if later where required by applicable law,
immediately following the expiration of their such leave, Supplier shall be under no obligation to offer employment to such
employee or to treat such employee as a Transitioned Employee hereunder.
8.1.1.3
Employment Effective Date
. All personnel who accept Supplier’s offer of employment and begin work with Supplier
pursuant to the foregoing paragraphs are herein referred to as “ Transitioned Employees .” Each such Transitioned
Employee’s “ Employment Effective Date ” shall be the effective date on which Supplier actually employs such
employee, as set forth in
Sections 8.1.1.1
and
8.1.1.2
.
8.1.1.4
Years of Service Credit.
Supplier’s employment offers will grant credit for all years of service recognized by Kraft or
another Eligible Recipient, as applicable, for purposes of seniority, career advancement, promotion consideration, and
other rights attaching to length of service, including all benefits referenced in Section 8.2 ; provided, however, that
Supplier shall not grant any credit for such years of service for severance purposes for the Affected Kraft Foods Global
Personnel who received severance payment from Kraft or another Eligible Recipient prior to their employment by
Supplier.
8.1.1.5
Communications Regarding Affected Personnel.
Supplier shall, together with Kraft and the other Eligible Recipients, as
applicable, jointly plan, execute and communicate information regarding the transfer of employment, including
communication to the Affected Personnel, using methods and content to be agreed upon as soon as practicable after the
Effective Date except to the extent earlier communication is required by applicable Law. Supplier shall not disclose
information relating to the transfer of employment, including internal employee communications or external
communications, without the prior consent of Kraft or another Eligible Recipient, as applicable.
8.1.1.6
Non
-
U.S. Employee Requirements.
Without limiting the provisions of this Agreement relating to communications with
employees and third parties, the following provisions shall apply with respect to Affected Personnel located outside the
United States:
8.1.1.6.1 Offers
. Except as set forth below, following the Effective Date, Supplier will make to each Affected Personnel
(other than contractors) outside the United States an offer to employ that person in accordance with applicable
Law (and will do all such things as are required by the Law to cause such person to be employed by Supplier)
as an employee of Supplier on the Commencement Date.
8.1.1.6.2 In Brazil, prior to the Commencement Date, Kraft shall completely sever its employment relationship with the
Affected Personnel who are employees (“ Brazilian Affected Employees ”) and shall in all cases be
responsible for the liquidation and timely payment of severance, termination and any other benefits or
entitlements to Brazilian Affected Employees, and shall, upon the reasonable request of Supplier, provide
Supplier with legal documentation evidencing (i) termination of