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Employee Transfer Agreement
"I need an Employee Transfer Agreement for transferring a senior software developer from our Auckland office to our Wellington subsidiary, effective March 1, 2025, ensuring continuation of their existing stock options and maintaining their current employment benefits."
1. Parties: Identifies the current employer (transferor), new employer (transferee), and the transferring employee
2. Background: Explains the context of the transfer, including the business reason for the transfer and the relationship between the employers
3. Definitions: Defines key terms used throughout the agreement
4. Transfer Date and Employment Terms: Specifies the effective date of transfer and confirms the continuation of employment terms and conditions
5. Continuous Service: Acknowledges the employee's prior service and confirms it will be recognized by the new employer
6. Transfer of Entitlements: Details how existing leave, benefits and other entitlements will be transferred or settled
7. Employee Warranties: Employee's confirmations regarding their current employment status and any restrictions
8. Transferor Obligations: Current employer's responsibilities before and during the transfer process
9. Transferee Obligations: New employer's commitments and responsibilities regarding the employment
10. Confidentiality: Provisions regarding confidential information handling during and after the transfer
11. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments
1. Restructuring Provisions: Required when the transfer is part of a larger restructuring process
2. Overseas Service: Needed when the employee has worked or will work in multiple jurisdictions
3. Restrictive Covenants: Used when transferring or implementing non-compete or non-solicitation provisions
4. Intellectual Property Transfer: Required when specific IP rights or obligations need to be addressed
5. Share Schemes and Long-term Incentives: Needed when addressing the treatment of existing share options or long-term incentive plans
6. Secondment Provisions: Used when the transfer includes a secondment period
7. Union Recognition: Required when the employee is covered by collective agreements
8. Pension Arrangements: Needed when dealing with specific superannuation or pension transfer arrangements
1. Schedule 1 - Current Employment Terms: Detailed list of current employment terms and conditions
2. Schedule 2 - Transferred Entitlements: Specific details of leave balances, benefits, and other entitlements being transferred
3. Schedule 3 - Employee Information: Personal and employment details of the transferring employee
4. Schedule 4 - Required Notices and Consents: Copies of any required notices or consents related to the transfer
5. Appendix A - Position Description: Details of the employee's role with the new employer
6. Appendix B - Applicable Policies: List of key policies that will apply post-transfer
Authors
Financial Services
Technology
Manufacturing
Professional Services
Healthcare
Education
Retail
Construction
Mining
Transportation
Telecommunications
Energy
Agriculture
Government
Non-Profit
Human Resources
Legal
People Operations
Employee Relations
Talent Management
Payroll
Compensation and Benefits
Corporate Affairs
Risk and Compliance
Senior Management
Human Resources Director
HR Manager
Legal Counsel
Employment Lawyer
HR Business Partner
Recruitment Manager
Compensation and Benefits Manager
Employee Relations Manager
Chief Human Resources Officer
General Manager
Operations Manager
Department Head
Chief Executive Officer
Chief Operating Officer
Personnel Administrator
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