Skip to code content (skip section selection)
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 subsection (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 subcontractor 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 subcontractor 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 subcontractor 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 subcontractor 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.