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Intercompany Employee Transfer Agreement

Intercompany Employee Transfer Agreement Template for England and Wales

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Key Requirements PROMPT example:

Intercompany Employee Transfer Agreement

"I need an Intercompany Employee Transfer Agreement to transfer our senior software developer from our UK subsidiary to our German parent company, ensuring continuation of their existing benefits and including specific provisions for intellectual property rights, with the transfer planned for March 2025."

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Document background
The Intercompany Employee Transfer Agreement is essential for organizations operating multiple entities under English and Welsh law who need to transfer employees between affiliated companies. This document is particularly relevant when companies wish to maintain employment continuity while moving talent within their corporate structure. It addresses crucial elements including employment terms, compensation, benefits, data protection, and regulatory compliance under UK employment law. The agreement helps protect both employer and employee interests while ensuring compliance with relevant legislation including the Employment Rights Act 1996 and Data Protection Act 2018.
Suggested Sections

1. Parties: Identification of the transferring and receiving companies

2. Background: Context of the transfer and relationship between the companies

3. Definitions: Key terms used throughout the agreement

4. Transfer Terms: Core terms of the employee transfer including effective date

5. Employment Terms: Continuation of employment terms and conditions

6. Benefits and Compensation: Treatment of salary, bonuses, and benefits

7. Obligations of Parties: Responsibilities of both companies during and after transfer

8. Data Protection: Handling of employee personal data

9. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Immigration Provisions: Required for international transfers or when visa considerations apply

2. Intellectual Property: Needed when employee has created/manages IP

3. Non-compete Provisions: Include when transferring senior employees with competitive knowledge

4. Training Requirements: Include when specific training or qualifications need to be maintained

Suggested Schedules

1. Employee Details Schedule: Personal and employment details of transferring employee(s)

2. Benefits Schedule: Detailed breakdown of employee benefits

3. Transfer Timeline: Key dates and milestones in the transfer process

4. Required Notices and Consents: Forms and notices required for the transfer

5. Data Processing Requirements: Specific data protection obligations and procedures

Authors

Alex Denne

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

alex.den.21@genieai.co
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Industries

Employment Rights Act 1996: Primary legislation governing basic employment rights, continuity of employment, and terms and conditions of employment in England and Wales

TUPE Regulations 2006: Transfer of Undertakings regulations that, while not directly applicable to voluntary transfers, provide relevant principles for protecting employment terms and conditions

Data Protection Act 2018 and UK GDPR: Legislation governing the transfer of employee personal data between companies and related data protection obligations

Equality Act 2010: Legislation ensuring prevention of discrimination and protection of employee rights during transfer processes

Working Time Regulations 1998: Regulations governing working hours, leave entitlements, and rest periods that must be maintained during transfer

National Minimum Wage Act 1998: Legislation ensuring compliance with minimum wage requirements in the transfer arrangement

Pensions Act 2004: Legislation governing pension arrangements and continuation of benefits during employee transfers

Immigration, Asylum and Nationality Act 2006: Legislation covering right to work requirements and visa considerations for international transfers

Social Security Contributions and Benefits Act 1992: Legislation governing National Insurance contributions and benefit arrangements during employee transfers

Income Tax (Earnings and Pensions) Act 2003: Legislation covering tax implications and payment arrangements in the context of employee transfers

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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