The Intercompany Employee Transfer Agreement is essential for organizations operating multiple entities under English and Welsh law who need to transfer employees between affiliated companies. This document is particularly relevant when companies wish to maintain employment continuity while moving talent within their corporate structure. It addresses crucial elements including employment terms, compensation, benefits, data protection, and regulatory compliance under UK employment law. The agreement helps protect both employer and employee interests while ensuring compliance with relevant legislation including the Employment Rights Act 1996 and Data Protection Act 2018.
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1. Parties: Identification of the transferring and receiving companies
2. Background: Context of the transfer and relationship between the companies
3. Definitions: Key terms used throughout the agreement
4. Transfer Terms: Core terms of the employee transfer including effective date
5. Employment Terms: Continuation of employment terms and conditions
6. Benefits and Compensation: Treatment of salary, bonuses, and benefits
7. Obligations of Parties: Responsibilities of both companies during and after transfer
8. Data Protection: Handling of employee personal data
9. Governing Law: Specification of applicable law and jurisdiction
1. Immigration Provisions: Required for international transfers or when visa considerations apply
2. Intellectual Property: Needed when employee has created/manages IP
3. Non-compete Provisions: Include when transferring senior employees with competitive knowledge
4. Training Requirements: Include when specific training or qualifications need to be maintained
1. Employee Details Schedule: Personal and employment details of transferring employee(s)
2. Benefits Schedule: Detailed breakdown of employee benefits
3. Transfer Timeline: Key dates and milestones in the transfer process
4. Required Notices and Consents: Forms and notices required for the transfer
5. Data Processing Requirements: Specific data protection obligations and procedures
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