The Employment Transfer Agreement is a critical legal instrument used in Belgium when employees are transferred between employers, typically during corporate restructurings, mergers, acquisitions, or business transfers. This document ensures compliance with Belgian employment law, particularly the Employment Contracts Act and CBA No. 32bis, which provide specific protections for employees during transfers. The agreement meticulously details the transfer terms, including maintenance of employment conditions, benefits continuation, handling of accrued rights, and data protection measures. It's essential for protecting both employer and employee interests while maintaining legal compliance in situations where employment relationships are being transferred from one entity to another. The document includes provisions for works council consultation where required and addresses social security and tax implications of the transfer.
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1. Parties: Identification of the transferor (current employer), transferee (new employer), and the employee(s) being transferred
2. Background: Context of the transfer, including the business reason for the transfer and reference to any master agreements or corporate transactions
3. Definitions: Key terms used throughout the agreement, including Transfer Date, Employment Contract, Existing Benefits, etc.
4. Transfer of Employment: Core provisions regarding the transfer of employment, including the effective date and continuation of employment terms
5. Continuity of Service: Confirmation that the employee's length of service with the transferor will be recognized by the transferee
6. Employment Terms and Conditions: Detailed provisions regarding the continuation or modification of existing employment terms
7. Employee Benefits: Treatment of existing benefits, including pension rights, insurance, and other employment benefits
8. Outstanding Liabilities: Allocation of responsibilities for accrued but unpaid salary, bonuses, vacation pay, and other obligations
9. Data Protection: Provisions regarding the transfer of employee personal data in compliance with GDPR
10. Representations and Warranties: Statements by each party regarding their authority, compliance with laws, and other key facts
11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Collective Agreements: Section needed when collective bargaining agreements apply to the transferred employees
2. Works Council Approval: Required when works council consultation or approval is necessary for the transfer
3. Intellectual Property: Include when employees have created or are involved with IP rights
4. Non-compete and Confidentiality: Include when existing restrictive covenants need to be transferred or new ones established
5. Share Options and Incentives: Required when employees participate in share schemes or long-term incentive plans
6. Pension Arrangements: Detailed section needed when specific pension schemes are involved
7. International Transfers: Additional provisions required for cross-border transfers within EU
1. Schedule 1 - List of Transferring Employees: Details of all employees being transferred, including their current terms and conditions
2. Schedule 2 - Employment Terms and Benefits: Detailed breakdown of current employment terms, benefits, and any changes post-transfer
3. Schedule 3 - Outstanding Liabilities: List of accrued but unpaid obligations as of the transfer date
4. Appendix A - Required Notices: Templates for employee communications and statutory notices
5. Appendix B - Relevant Collective Agreements: Copies or summaries of applicable collective agreements
6. Appendix C - Data Processing Terms: Detailed GDPR-compliant data processing provisions
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Financial Services
Technology
Healthcare
Retail
Professional Services
Telecommunications
Energy
Construction
Transportation
Education
Hospitality
Pharmaceutical
Real Estate
Media and Entertainment
Relevant Teams
Human Resources
Legal
Compliance
Corporate Development
Employee Relations
Executive Leadership
Compensation and Benefits
Operations
Finance
Risk Management
Relevant Roles
Human Resources Director
HR Manager
Legal Counsel
Employment Lawyer
HR Business Partner
Compliance Officer
Corporate Lawyer
HR Operations Manager
Talent Acquisition Manager
Benefits Manager
Employee Relations Manager
Chief Human Resources Officer
General Counsel
HR Administrator
Compensation Manager
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