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Employment Transfer Agreement
"I need an Employment Transfer Agreement under Swiss law for transferring 50 software developers from our current Swiss entity to our newly formed subsidiary as part of internal restructuring, with the transfer to be effective from March 1, 2025."
1. Parties: Identification of the current employer (transferor), new employer (transferee), and employee
2. Background: Context of the transfer, including the business reason and reference to any master agreement
3. Definitions: Key terms used in the agreement, including Transfer Date, Current Employment, New Employment
4. Transfer of Employment: Core provisions regarding the transfer of employment from current to new employer
5. Continuity of Employment: Confirmation of continued service and maintained employment terms
6. Employment Terms: Specification of unchanged and/or modified employment terms post-transfer
7. Employee Benefits: Treatment of benefits, including pension and insurance arrangements
8. Outstanding Payments: Handling of accrued salaries, bonuses, and other payments
9. Data Protection: Provisions for handling employee personal data during and after transfer
10. Confidentiality: Confidentiality obligations regarding the transfer and business information
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Work Permits and Immigration: Required for international transfers or non-Swiss employees, addressing visa and permit requirements
2. Collective Agreement Provisions: Required when collective bargaining agreements apply to the transfer
3. Pension Fund Arrangements: Detailed section required when pension arrangements are complex or changing
4. Employee Representations: Additional confirmations required for senior employees or specific roles
5. Non-Competition: Required for employees with access to sensitive information or client relationships
6. Intellectual Property: Required for employees involved in creative or technical work
7. International Mobility: Required for transfers involving relocation or international assignments
1. Schedule 1 - Current Employment Terms: Detailed list of current employment terms and conditions
2. Schedule 2 - New Employment Terms: Detailed list of employment terms post-transfer, highlighting any changes
3. Schedule 3 - Employee Benefits Details: Comprehensive overview of benefit arrangements pre and post-transfer
4. Schedule 4 - Outstanding Payments and Accruals: Detailed list of any outstanding payments, vacation days, and other accruals
5. Appendix A - Required Notices and Consents: Copies of any required notices or consent forms under Swiss law
6. Appendix B - Position Description: Detailed description of the employee's role and responsibilities post-transfer
Authors
Banking and Financial Services
Manufacturing
Technology
Pharmaceuticals
Insurance
Professional Services
Healthcare
Retail
Telecommunications
Construction
Energy
Transportation and Logistics
Chemical Industry
Consumer Goods
Education
Human Resources
Legal
Compliance
Finance
Operations
Risk Management
Industrial Relations
Corporate Secretariat
Employee Relations
Compensation and Benefits
Talent Management
Human Resources Director
Legal Counsel
HR Manager
Compliance Officer
Employment Lawyer
HR Business Partner
Talent Acquisition Manager
Benefits Manager
Compensation Manager
Industrial Relations Manager
Corporate Secretary
Risk Manager
Operations Director
Department Head
Line Manager
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