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Employee Transfer Agreement

Employee Transfer Agreement Template for Ireland

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Key Requirements PROMPT example:

Employee Transfer Agreement

"I need an Employee Transfer Agreement to facilitate the transfer of 50 IT staff from our Dublin office to our newly acquired subsidiary, ensuring compliance with Irish TUPE regulations and including specific provisions for maintaining their existing stock options, with the transfer to be completed by March 2025."

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Document background
The Employee Transfer Agreement is essential in situations involving business transfers, mergers, acquisitions, or reorganizations in Ireland where employees need to be transferred from one employer to another. This document is specifically designed to comply with Irish employment law, particularly the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, which implements EU Directive 2001/23/EC. It provides a legal framework for preserving employee rights, maintaining continuity of employment, and ensuring proper handling of employment terms, benefits, and pension arrangements during the transfer process. The agreement is crucial for managing legal risks, maintaining clear communication with affected employees, and establishing responsibilities between the transferring and receiving employers.
Suggested Sections

1. Parties: Identifies the current employer (Transferor), new employer (Transferee), and reference to affected employees

2. Background: Explains the context and reason for the transfer, including any broader business transaction or reorganization

3. Definitions: Defines key terms used throughout the agreement, including Transfer Date, Transferred Employees, Business, etc.

4. Transfer of Employment: Core provision establishing the transfer of employment relationships from Transferor to Transferee

5. Continuity of Employment: Confirms preservation of employment terms, conditions, and length of service

6. Employee Liabilities: Allocates responsibility for employee-related liabilities between Transferor and Transferee

7. Information and Consultation: Details the process for informing and consulting with employees about the transfer

8. Data Protection: Addresses the transfer of employee personal data in compliance with GDPR and Irish data protection law

9. Cooperation Between Parties: Outlines how parties will work together to ensure smooth transfer process

10. Governing Law and Jurisdiction: Specifies Irish law as governing law and Irish courts' jurisdiction

Optional Sections

1. Pensions: Required when pension schemes are involved, detailing treatment of existing pension rights and future arrangements

2. Collective Agreements: Needed when transferred employees are covered by collective bargaining agreements

3. Share Schemes and Benefits: Include when employees participate in share schemes or specific benefit programs

4. Restrictive Covenants: Required when existing non-compete or confidentiality obligations need to be addressed

5. International Transfers: Include for cross-border transfers involving multiple jurisdictions

6. Redundancy Provisions: Needed when transfer may involve potential redundancies

7. Trade Union Recognition: Required when transferred employees have union representation

Suggested Schedules

1. List of Transferred Employees: Detailed list of all employees being transferred, including job titles and key employment terms

2. Employment Terms and Conditions: Comprehensive details of current employment terms that will transfer

3. Employee Benefits: Details of all employee benefits and their treatment post-transfer

4. Ongoing Claims and Litigation: List of any existing employment claims or disputes

5. Required Information and Consultation Timeline: Schedule of communications and consultation activities

6. Pension Scheme Details: Specific information about pension arrangements pre and post-transfer

7. Data Processing Agreement: Detailed provisions for handling personal data during and after transfer

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
































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Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Construction

Education

Telecommunications

Energy

Transportation

Hospitality

Real Estate

Media and Entertainment

Relevant Teams

Human Resources

Legal

Compliance

Operations

Risk Management

Employee Relations

Compensation and Benefits

Corporate Development

Business Integration

Internal Communications

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Employment Lawyer

Compliance Officer

HR Business Partner

Operations Director

Business Integration Manager

Talent Acquisition Manager

Employee Relations Manager

Compensation and Benefits Manager

Chief Human Resources Officer

General Counsel

Risk Manager

Chief Operating Officer

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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