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Employee Transfer Agreement Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Employee Transfer Agreement is a critical document used in New Zealand business operations when an employee needs to be transferred between legal entities, whether within a corporate group or between unrelated organizations. This agreement is essential for scenarios including corporate restructuring, business acquisitions, internal reorganizations, or strategic workforce realignment. It ensures compliance with New Zealand employment law, particularly the Employment Relations Act 2000, while protecting both employers' and employees' interests. The document covers crucial aspects such as service recognition, benefit continuation, and entitlement transfers, providing a clear framework for the transition process. It's particularly important in maintaining employment continuity and preventing any unintended loss of employee rights or benefits during the transfer process.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions


























Clauses



























Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Education

Retail

Construction

Mining

Transportation

Telecommunications

Energy

Agriculture

Government

Non-Profit

Relevant Teams

Human Resources

Legal

People Operations

Employee Relations

Talent Management

Payroll

Compensation and Benefits

Corporate Affairs

Risk and Compliance

Senior Management

Relevant Roles

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

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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