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Employee Transfer Agreement
"I need an Employee Transfer Agreement for transferring 50 manufacturing workers from our Jakarta facility to our new subsidiary company as part of a corporate restructuring, with the transfer to be effective from March 1, 2025, ensuring all existing benefits and years of service are maintained."
1. Parties: Identifies the current employer (transferor), new employer (transferee), and employee(s) being transferred
2. Background: Explains the context and purpose of the transfer, including any corporate restructuring or business transfer context
3. Definitions: Defines key terms used throughout the agreement
4. Transfer Date and Process: Specifies the effective date of transfer and outlines the transfer implementation process
5. Continuation of Employment: Confirms the continuation of employment and preservation of service years
6. Employment Terms and Conditions: Details the terms and conditions of employment post-transfer, including confirmation of maintained benefits
7. Employee Benefits and Entitlements: Addresses the transfer of employee benefits, including social security (BPJS) arrangements
8. Obligations of the Transferor: Sets out the responsibilities and obligations of the current employer
9. Obligations of the Transferee: Details the responsibilities and obligations of the new employer
10. Employee Data Protection: Addresses the handling and transfer of employee personal data
11. Representations and Warranties: Contains statements of fact and promises by both parties
12. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and defines jurisdiction for disputes
13. Execution: Signature blocks and execution formalities
1. Collective Bargaining Agreements: Required when transferred employees are covered by collective bargaining agreements
2. Intellectual Property Rights: Needed when employees have created or are involved with IP in their roles
3. Non-compete and Confidentiality: Include when transferring employees have access to sensitive information or when new restrictions are needed
4. Pension Arrangements: Required for employees with specific pension or retirement benefit arrangements
5. Outstanding Claims and Liabilities: Include when there are pending employee claims or known liabilities
6. Training and Transition Support: Added when specific training or transition support is part of the transfer arrangement
7. Return of Company Property: Include when there are specific arrangements for handling company property during transfer
1. Schedule 1 - List of Transferring Employees: Detailed list of employees being transferred with relevant employment information
2. Schedule 2 - Current Employment Terms: Summary of existing employment terms and conditions for each employee
3. Schedule 3 - Employee Benefits: Detailed breakdown of current benefits and their continuation post-transfer
4. Schedule 4 - Transfer Timeline: Detailed timeline of transfer process and key milestones
5. Appendix A - Required Notices and Communications: Templates for employee notifications and other required communications
6. Appendix B - Handover Checklist: Checklist of tasks to be completed as part of the transfer process
7. Appendix C - Relevant Company Policies: Key policies applicable to transferred employees
Authors
Manufacturing
Technology
Financial Services
Retail
Healthcare
Mining and Resources
Construction
Transportation and Logistics
Professional Services
Education
Telecommunications
Energy
Agriculture
Hospitality
Consumer Goods
Human Resources
Legal
Compliance
Employee Relations
Labor Relations
Corporate Affairs
Operations
Industrial Relations
Risk Management
Executive Leadership
Human Resources Director
Legal Counsel
HR Manager
Compliance Officer
Employee Relations Manager
Corporate Lawyer
HR Business Partner
Chief Human Resources Officer
Labor Relations Specialist
Talent Management Director
Operations Manager
Chief Legal Officer
Industrial Relations Manager
HR Operations Manager
Legal Manager
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