The Intercompany Employee Transfer Agreement is essential when transferring employees between related companies in South Africa, whether for operational restructuring, career development, or business needs. This document ensures compliance with South African employment law, including the Labour Relations Act and Basic Conditions of Employment Act, while protecting both employer and employee interests. It addresses crucial aspects such as continuous service recognition, benefit transfers, and tax implications, providing a clear framework for the transfer process. The agreement is particularly important in group companies or multinational corporations operating in South Africa, where internal mobility is common and proper documentation of employment terms and conditions is crucial for legal compliance and risk management.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of the transferring company (current employer), receiving company (new employer), and the transferring employee
2. Background: Context of the transfer, relationship between the companies, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement, including Transfer Date, Current Employment, New Employment, etc.
4. Term and Effective Date: Duration of the transfer agreement and when it becomes effective
5. Transfer Terms: Core terms of the transfer including position, duties, and reporting lines in the new company
6. Continuity of Employment: Confirmation that employment is continuous and previous service is recognized
7. Compensation and Benefits: Details of salary, benefits, and any changes in the compensation structure
8. Leave and Entitlements: Treatment of accumulated leave and other entitlements
9. Company Policies and Procedures: Application of new company policies and procedures to the transferred employee
10. Confidentiality and Intellectual Property: Obligations regarding confidential information and IP rights between both companies
11. Data Protection: Handling of employee personal information in compliance with POPIA
12. Termination: Circumstances under which the transfer agreement can be terminated
13. Governing Law: Confirmation of South African law as governing law and jurisdiction
14. Signatures: Execution section for all parties to sign
1. International Transfer Provisions: Required if transfer involves cross-border elements, including work permits and immigration requirements
2. Pension and Retirement Benefits: Required if specific arrangements needed for transfer of pension or retirement benefits
3. Restrictive Covenants: Optional section for non-compete and non-solicitation provisions if required by either company
4. Relocation Assistance: Required if the transfer involves physical relocation of the employee
5. Share Schemes and Long-term Incentives: Required if employee participates in share schemes or long-term incentive plans
6. Training and Development: Optional section for specific training or development commitments
7. Return to Original Employer: Optional section defining conditions and process for potential return to original employer
8. Inter-company Billing: Required if there are cost-sharing arrangements between the companies for the transferred employee
1. Schedule 1 - Employee Details: Detailed information about the employee, current role, and new role
2. Schedule 2 - Compensation and Benefits Package: Detailed breakdown of all compensation elements and benefits
3. Schedule 3 - Transfer Timeline: Key dates and milestones for the transfer process
4. Schedule 4 - Outstanding Obligations: List of any outstanding obligations, loans, or commitments between employee and current employer
5. Schedule 5 - Applicable Policies: List of key policies applicable from the new employer
6. Appendix A - Handover Plan: Detailed plan for handover of responsibilities
7. Appendix B - Required Notices and Consents: Copies of required notices and consents from relevant parties
Find the exact document you need
Intercompany Recharge Agreement
A South African law-governed agreement establishing the framework for cross-charging costs and services between related companies within the same corporate group.
Download
Intercompany Agreement For Services
South African law-governed agreement regulating service provision between related companies within a corporate group, ensuring legal and regulatory compliance.
Download
Intercompany Employee Transfer Agreement
South African law-governed agreement facilitating employee transfer between related companies while maintaining employment continuity and legal compliance.
Download
Intercompany Shared Services Agreement
South African law-governed agreement structuring shared services arrangements between group companies, including service delivery, pricing, and compliance requirements.
Download
Intercompany Asset Transfer Agreement
A South African law-governed agreement for transferring assets between related companies within the same corporate group, ensuring regulatory compliance and proper documentation of transfer terms.
Download
Intercompany Subordination Agreement
A South African law agreement establishing the ranking and subordination of intercompany debts within a corporate group structure.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it