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Company Transfer Letter for Germany

Company Transfer Letter Template for Germany

A Company Transfer Letter is a formal document used in German business transfers (Betriebsübergang) to inform employees about the transfer of their employment relationship to a new employer. This document, governed by German law, particularly §613a of the German Civil Code (BGB), serves as official notification of the transfer and outlines the employees' rights and obligations. It includes essential information about the transfer date, the new employer, continuation of employment terms, and the employee's right to object to the transfer. The letter must comply with strict German legal requirements regarding employee protection during business transfers.

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What is a Company Transfer Letter?

The Company Transfer Letter is a mandatory document under German law used when a business or part of a business is transferred to a new owner or entity. It is required by §613a of the German Civil Code (BGB) and must be provided to all affected employees. The document serves multiple purposes: it formally notifies employees about the transfer, provides information about the new employer, confirms the continuation of existing employment terms, and informs employees about their right to object to the transfer within one month. The letter must be carefully drafted to comply with German legal requirements, as insufficient or incorrect information can extend the objection period and create legal risks. This document is particularly important in corporate restructurings, mergers and acquisitions, and other business transformations where employment relationships are transferred.

What sections should be included in a Company Transfer Letter?

1. Letterhead and Date: Company details, recipient's address, and date of the letter

2. Subject Line: Clear indication that this is a transfer letter (Betriebsübergang)

3. Salutation: Personal greeting to the employee

4. Transfer Announcement: Clear statement about the business transfer and identification of the new employer

5. Transfer Date: Specific date when the transfer will take effect

6. Legal Basis: Reference to §613a BGB and explanation of the legal framework

7. Impact on Employment: Confirmation that employment relationship continues under existing terms

8. Rights and Objection Period: Employee's right to object within one month and consequences of objection

9. New Employer Information: Details about the acquiring company, including business address and contact information

10. Closing: Professional closing, signatures of authorized representatives

What sections are optional to include in a Company Transfer Letter?

1. Changes to Working Conditions: Include if there will be any changes to workplace location, reporting lines, or working conditions

2. Integration Plans: Include if there are specific plans for integrating transferred employees into the new organization

3. Works Council Statement: Include if there is a works council involvement or statement regarding the transfer

4. Economic Reasons: Include if the transfer is part of a larger restructuring or economic measure

5. Pension Arrangements: Include if there are specific pension or benefit arrangements that need to be addressed

6. Collective Agreements: Include if there are changes or continuations of collective agreements to be addressed

What schedules should be included in a Company Transfer Letter?

1. Current Employment Terms: Summary of existing employment terms and conditions

2. New Organization Chart: Structure of the new organization showing employee's position

3. FAQ Document: Common questions and answers about the transfer process

4. Integration Timeline: Schedule of key dates and milestones in the transfer process

5. Contact Information: List of key contacts in both transferring and receiving companies

6. Benefits Comparison: Detailed comparison of current and future benefits packages if any changes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Transfer Letter

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Manufacturing

Technology

Financial Services

Healthcare

Retail

Professional Services

Transportation and Logistics

Energy

Telecommunications

Construction

Pharmaceuticals

Automotive

Media and Entertainment

Relevant Teams

Human Resources

Legal

Compliance

Corporate Development

Employee Relations

Change Management

Operations

Integration Management

Executive Leadership

Works Council

Relevant Roles

HR Director

Legal Counsel

HR Manager

Compliance Officer

Employment Lawyer

Corporate Lawyer

HR Business Partner

Chief Legal Officer

HR Operations Manager

General Counsel

Integration Manager

Change Management Lead

Employee Relations Manager

Any affected employee position

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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