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Employment Transfer Agreement
1. Parties: Identification of the transferor (current employer), transferee (new employer), and scope of employees covered
2. Background: Context of the transfer, including the business reason and effective date
3. Definitions: Key terms used throughout the agreement, including 'Transfer Date', 'Transferring Employees', 'Employment Terms', etc.
4. Transfer of Employment: Core provisions regarding the transfer of employment relationships, including confirmation of transfer terms
5. Continuity of Employment: Confirmation that employment is continuous and previous service is recognized
6. Terms and Conditions of Employment: Confirmation of maintained employment terms and any permitted variations
7. Employee Benefits: Treatment of existing benefits, pension arrangements, and other employment-related benefits
8. Information and Consultation: Confirmation of compliance with employee information and consultation requirements
9. Data Protection: Provisions for handling employee personal data during and after transfer
10. Liabilities and Indemnities: Allocation of responsibilities and liabilities between transferor and transferee
11. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction
1. Collective Agreements: Required when transferring employees are covered by collective agreements, addressing their continuation or termination
2. Pension Arrangements: Detailed section required when special pension schemes or arrangements need specific handling
3. Share Options and Incentives: Required when transferring employees have existing share options or other incentive schemes
4. Intellectual Property Rights: Required when employees have created or are involved with IP rights
5. Non-Compete and Confidentiality: Required when existing restrictive covenants need to be addressed or new ones implemented
6. International Transfers: Required when the transfer involves cross-border elements
7. Works Council Provisions: Required when works councils are involved in the transfer
1. Schedule 1 - List of Transferring Employees: Detailed list of all employees being transferred, including their current terms and conditions
2. Schedule 2 - Employee Benefits: Detailed description of all employee benefits and their treatment post-transfer
3. Schedule 3 - Collective Agreements: Copies or summaries of relevant collective agreements
4. Schedule 4 - Pension Schemes: Details of current pension arrangements and their treatment
5. Schedule 5 - Outstanding Claims and Litigation: List of any ongoing employment disputes or claims
6. Appendix A - Transfer Timeline: Detailed timeline of the transfer process and key dates
7. Appendix B - Communication Plan: Plan for employee communications and consultation process
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