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Employment Transfer Agreement
"I need an Employment Transfer Agreement to transfer 50 IT department employees from our Dublin office to a newly established subsidiary company, with the transfer to take effect from March 1, 2025, ensuring compliance with Irish TUPE regulations."
1. Parties: Identification of the transferor and transferee companies
2. Background: Context of the transfer, including the business reason and scope of the transfer
3. Definitions: Key terms used throughout the agreement, including 'Transferring Employees', 'Transfer Date', 'Business', etc.
4. Transfer of Employment: Core provisions regarding the transfer of employees, including continuation of terms and conditions
5. Employee Rights and Protections: Confirmation of preservation of employment rights, continuity of service, and existing terms and conditions
6. Information and Consultation: Details of the employee consultation process and information sharing requirements
7. Data Protection: Provisions for handling employee personal data during and after the transfer
8. Pre-Transfer Obligations: Responsibilities of the transferor prior to the transfer date
9. Post-Transfer Obligations: Responsibilities of the transferee after the transfer date
10. Liability and Indemnities: Allocation of responsibilities and risks between parties
11. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction
1. Pensions: Details of pension arrangements, required if employees have existing pension rights
2. Collective Agreements: Required if transferring employees are subject to collective agreements
3. International Transfers: Additional provisions needed if the transfer involves cross-border elements
4. Restrictive Covenants: Required if existing employee restrictions need to be addressed or modified
5. Property and Assets: Include if physical assets or property rights are being transferred alongside employees
6. Transition Services: Required if the transferor will provide temporary support services post-transfer
1. Schedule 1 - List of Transferring Employees: Detailed list of all employees being transferred, including their key employment terms
2. Schedule 2 - Employee Benefits: Details of all employee benefits, including insurance, bonuses, and other perks
3. Schedule 3 - Ongoing Claims and Disputes: List of any existing employment disputes or claims
4. Schedule 4 - Employee Policies and Procedures: Key policies and procedures that will transfer
5. Appendix A - Form of Employee Notice: Template for formal communication to transferring employees
6. Appendix B - Data Processing Agreement: Specific arrangements for handling employee personal data during the transfer
Authors
Technology
Financial Services
Pharmaceutical
Manufacturing
Professional Services
Healthcare
Retail
Telecommunications
Business Process Outsourcing
Information Technology Services
Construction
Energy
Transport and Logistics
Human Resources
Legal
Compliance
Corporate Development
Operations
Executive Leadership
Industrial Relations
Employee Relations
Mergers and Acquisitions
Risk Management
Talent Management
Human Resources Director
Legal Counsel
Employment Law Specialist
HR Manager
Chief Human Resources Officer
Business Transfer Manager
Corporate Lawyer
Compliance Officer
HR Business Partner
Operations Director
Chief Executive Officer
Chief Operating Officer
Integration Manager
Industrial Relations Manager
Talent Acquisition Manager
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