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Assignment Of Employment Contract Template for Germany

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Key Requirements PROMPT example:

Assignment Of Employment Contract

"I need an Assignment of Employment Contract under German law to transfer 50 IT employees from our subsidiary GmbH to our parent company AG as part of a corporate restructuring, effective March 1, 2025, with specific provisions for maintaining their existing stock option benefits."

Document background
The Assignment Of Employment Contract is a crucial document used in German business transactions when transferring employees between legal entities, commonly occurring during corporate restructuring, mergers, acquisitions, or business transfers. This document ensures compliance with German employment law, particularly 脗搂613a BGB, which provides specific protections for employees during business transfers. It outlines the complete transfer of employment rights and obligations from the current employer to the new employer, including benefits, seniority, and existing contractual terms. The agreement requires careful consideration of Works Council rights, data protection regulations, and employee consent requirements unique to German jurisdiction. It serves as a legally binding record of the transfer terms while ensuring transparency and protection of all parties' interests.
Suggested Sections

1. Parties: Identification of the current employer (Assignor), new employer (Assignee), and the Employee

2. Background: Context of the assignment, including the reason for transfer and reference to the original employment contract

3. Definitions: Key terms used in the agreement including 'Effective Date', 'Original Employment Contract', 'Assignment Date'

4. Assignment and Assumption: Core terms of the assignment, including the transfer of rights and obligations

5. Employee Consent: Express acknowledgment and consent of the employee to the assignment

6. Continuation of Employment Terms: Confirmation that existing employment terms and conditions remain unchanged

7. Transfer of Obligations: Details of how existing obligations, including benefits and liabilities, will be transferred

8. Data Protection: Provisions regarding the transfer and handling of employee personal data

9. Effective Date: Specification of when the assignment takes effect

10. Governing Law: Confirmation of German law as governing law

11. Signatures: Execution blocks for all three parties

Optional Sections

1. Works Council Approval: Required if the business has a works council that needs to be consulted

2. Modified Terms: Include if any employment terms are being modified as part of the transfer

3. Retained Liabilities: Include if the original employer is retaining any specific obligations

4. Non-Competition: Include if there are any non-compete obligations being transferred

5. Severance Terms: Include if the assignment involves any severance or special payment arrangements

6. Intellectual Property: Include if there are specific IP rights or obligations being transferred

7. Warranty Period: Include if the original employer is providing any warranties regarding the employment relationship

Suggested Schedules

1. Original Employment Contract: Copy of the existing employment contract being assigned

2. Employee Benefits Summary: List of current benefits and their status post-assignment

3. Outstanding Obligations: List of any outstanding obligations (loans, training costs, etc.)

4. Data Processing Agreement: Specific terms regarding personal data handling if required by GDPR

5. Works Council Resolution: If applicable, the works council's written approval of the transfer

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





























Clauses




























Relevant Industries

Manufacturing

Technology

Financial Services

Professional Services

Healthcare

Retail

Construction

Transportation

Energy

Telecommunications

Education

Hospitality

Real Estate

Media and Entertainment

Pharmaceutical

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Operations

Finance

Administration

Corporate Governance

Risk Management

Employee Relations

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Employment Lawyer

Compliance Officer

HR Business Partner

Personnel Administrator

Recruitment Manager

Benefits Manager

Corporate Lawyer

CEO

Managing Director

Operations Manager

Finance Director

Company Secretary

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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