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FY 2025 Special Section 5333 (b) Warranty 34 <br /> (7)(a) Whenever any employee is laid off or otherwise deprived of employment as a result of <br /> the Project, in accordance with any collective bargaining agreement applicable to his/her <br /> employment, the employee shall be considered a "dismissed employee" and shall be paid a <br /> monthly dismissal allowance to be determined in accordance with this paragraph. Said <br /> dismissal allowance shall first be paid each dismissed employee on the thirtieth (30th) day <br /> following the day on which the employee is "dismissed" and shall continue during the <br /> protective period, as follow: <br /> Employee's length of Service <br /> prior to adverse effect Period of protection <br /> 1 day to 6 years equivalent period <br /> 6 years or more 6 years <br /> The monthly dismissal allowance shall be equivalent to one-twelfth (1/12th) of the total <br /> compensation received by the employee in the last twelve (12) months of his/her <br /> employment in which the employee performed compensation service more than fifty per <br /> centum of each such month based on the employee's normal work schedule to the date on <br /> which the employee was first deprived of employment as a result of the Project. Such <br /> allowance shall be adjusted to reflect subsequent general wage adjustments, including cost <br /> of living adjustments where provided for. <br /> (7)(b) An employee shall be regarded as deprived of employment and entitled to a dismissal <br /> allowance when the position the employee holds is abolished as a result of the Project, or <br /> when the position the employee holds is not abolished but the employee loses that position <br /> as a result of the exercise of seniority rights by an employee whose position is abolished as a <br /> result of the Project or as a result of the exercise of seniority rights by other employees <br /> brought about as a result of the Project, and the employee is unable to obtain another <br /> position, either by the exercise of the employee's seniority rights, or through the Recipient, <br /> in accordance with subparagraph (e). In the absence of proper notice followed by an <br /> agreement or decision pursuant to paragraph (5) hereof, no employee who has been <br /> deprived of employment as a result of the Project shall be required to exercise his/her <br /> seniority rights to secure another position in order to qualify for a dismissal allowance <br /> hereunder. <br /> (7)(c) Each employee receiving a dismissal allowance shall keep the Recipient informed as to <br /> his/her current address and the current name and address of any other person by whom the <br /> employee may be regularly employed, or if the employee is self-employed. <br /> 6 <br /> NCDOT-IMD <br /> March 5,2024 <br />