TRANSITION EMPLOYMENT PERIOD.

SF Labor and Employment Code § 71.2

in effect

SEC. 71.2. TRANSITION EMPLOYMENT PERIOD. All service contracts covered by this Article 71 shall impose the following obligations on the contractor. (a) Where the awarding authority has given notice that a service contract has been terminated or ended, or where a service contractor has given notice of such termination, upon giving or receiving such notice, as the case may be, the terminated or ending contractor shall, within 10 days thereafter, 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 prospective contractor at the time of contract termination. This provision shall also apply to the subcontractors of the terminated contractor. To facilitate the provision of this information, the awarding authority, following termination of a service contract and within three days of the hiring of a successor contractor, shall provide the name and address of the successor contractor to the terminated or ending contractor. If a successor service contract has not been awarded by the end of the 10-day period, the employment information referred to earlier in this subsection (a) shall be provided to the awarding authority at such time. Within three days of the hiring of a successor contractor, the awarding authority shall provide the employment information to the successor contractor 1 Where a subcontractor of a service contractor has been terminated prior to the termination of the service contract, the terminated subcontractor shall for purposes of this Article 71 be deemed a terminated contractor. (b) A successor contractor shall retain, for a 90-day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding eight months or longer at the site or sites covered by the contract. This requirement shall be stated by the City in all initial bid packages which are governed by this Article 71. (c) If at any time a successor public sector contractor determines that fewer employees are required to perform the new service contract than were required by the terminated public sector contractor (and subcontractors, if any), the successor public sector contractor shall retain employees by seniority within job classification. (d) During such 90-day period, the successor contractor (or subcontractor, where applicable) shall maintain a preferential hiring list of eligible covered employees not retained by the successor contractor (or subcontractor) from which the successor contractor (or subcontractor) shall hire additional employees. (e) Except as provided in subsection (c) of this Section, during such 90-day period, the successor contractor (or subcontractor, where applicable) shall not discharge without cause an employee retained pursuant to this Article 71. “Cause,” for this purpose, shall include, but not be limited to, the employee’s conduct while in the employ of the terminated contractor or subcontractor that contributed to any decision to terminate the contract or subcontract for fraud or poor performance, excluding permissible union-related activity. (f) At the end of such 90-day period, a successor public sector contractor (or subcontractor, where applicable) shall perform a written performance evaluation for each employee retained pursuant to this Article 71. If the employee’s performance during such 90-day period is satisfactory, the successor public sector contractor (or subcontractor) shall offer the employee continued employment under the terms and conditions established by the public sector successor contractor (or subcontractor) or as required by law. (g) All contracts subject to this Article 71 shall include a provision in which the contractor agrees to require subcontractors to comply with the obligations imposed by this Article. (Added as Police Code Sec. 3300C.2 by Ord. 165-98, App. 5/21/98; amended by Ord. 59-23, File No. 230166, App. 4/21/2023, Eff. 5/22/2023; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024) CODIFICATION NOTE 1. So in Ord. 59-23.

Source: City and County of San Francisco, Charter and Municipal Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1681Fetched: 11/1/2026