The Assignment Of Employment Agreement is utilized in scenarios where an employment relationship needs to be transferred from one employer to another, typically during corporate restructuring, business transfers, or group reorganizations under German law. This document is essential for ensuring compliance with German employment legislation, particularly 脗搂613a BGB (transfer of undertakings), while maintaining employee rights and benefits. It addresses crucial aspects such as continuous service, existing terms and conditions, works council requirements, and data protection obligations. The agreement is particularly important in Germany due to strict employment protection laws and the requirement for explicit documentation of employment relationships. It should be used whenever there is a need to assign employment contracts between legal entities while ensuring all statutory obligations are met and employee rights are preserved.
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Key Requirements PROMPT example:
Assignment Of Employment Agreement
"I need an Assignment of Employment Agreement under German law to transfer 50 employees from our Hamburg subsidiary to our newly formed GmbH as part of internal restructuring, effective March 1, 2025, ensuring works council compliance and continuation of existing collective agreements."
1. Parties: Identification of the Original Employer (Assignor), New Employer (Assignee), and Employee
2. Background: Context of the assignment, including the original employment relationship and reason for assignment
3. Definitions: Key terms used throughout the agreement
4. Assignment: Core terms of the assignment of the employment agreement from original to new employer
5. Effective Date: Specification of when the assignment takes effect
6. Continuing Terms and Conditions: Confirmation that employment terms and conditions remain unchanged
7. Employee Acknowledgment: Employee's acknowledgment and consent to the assignment
8. Obligations of the Original Employer: Responsibilities and warranties of the original employer
9. Obligations of the New Employer: Responsibilities and undertakings of the new employer
10. Data Protection: Provisions regarding the transfer and handling of employee personal data
11. Governing Law: Confirmation of German law as governing law and jurisdiction
1. Works Council Approval: Required if either employer has a works council that needs to be consulted
2. Transition Arrangements: Included when specific transition period or arrangements are needed
3. Benefits and Pension: Required when there are specific arrangements for transferring or maintaining benefits
4. Outstanding Liabilities: Included when there are specific provisions about handling pre-existing liabilities
5. Non-Competition Obligations: Required when existing non-compete agreements need to be addressed
6. Group Company Provisions: Included when assignment involves companies within the same corporate group
1. Original Employment Agreement: Copy of the current employment agreement being assigned
2. Terms and Conditions Summary: Detailed list of employment terms and conditions that will continue
3. Employee Benefits Schedule: Details of any benefits arrangements and their continuation
4. Data Processing Terms: Specific provisions regarding personal data processing and transfer
5. Works Council Documentation: Copies of works council consultations and approvals where applicable
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