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Assignment Of Employment Agreement
"I need an Assignment of Employment Agreement under Dutch law to transfer 50 employees from our subsidiary ABC Netherlands B.V. to XYZ Global B.V. as part of our corporate restructuring, with the transfer to take effect from March 1, 2025, maintaining all existing employment terms and collective agreements."
1. Parties: Identifies the three parties involved: the current employer (Assignor), the new employer (Assignee), and the Employee
2. Background: Explains the context of the assignment, including the original employment relationship and the reason for the transfer
3. Definitions: Defines key terms used throughout the agreement, including 'Effective Date', 'Employment Agreement', 'Assignment Date' etc.
4. Assignment and Acceptance: Details the transfer of the employment agreement from Assignor to Assignee and acceptance by all parties
5. Terms of Continued Employment: Confirms the continuation of existing employment terms and conditions post-assignment
6. Employee Acknowledgment: Employee's confirmation of understanding and agreement to the assignment
7. Assignor Warranties: Warranties regarding the employment relationship, outstanding obligations, and employee status
8. Assignee Undertakings: New employer's commitments regarding the continuation of employment terms and future obligations
9. Data Protection: Provisions regarding the transfer and processing of employee personal data
10. Governing Law and Jurisdiction: Confirms Dutch law as governing law and establishes jurisdiction for disputes
1. Modifications to Employment Terms: Used when any terms of employment will change upon assignment, subject to employee agreement
2. Works Council Approval: Required when works council consultation or approval has been necessary for the assignment
3. Collective Labor Agreement Provisions: Include when specific CLA provisions affect the assignment
4. Transition Period Arrangements: Used when there will be a transition period between assignment and full transfer
5. Intellectual Property Rights: Include when IP rights or confidentiality obligations need to be transferred or modified
6. Outstanding Liabilities: Used when there are specific arrangements regarding pre-existing liabilities or benefits
7. Pension Arrangements: Required when pension schemes are affected by the assignment
1. Schedule 1 - Original Employment Agreement: Copy of the current employment agreement being assigned
2. Schedule 2 - Employee Benefits Overview: Detailed list of current benefits and their continuation post-assignment
3. Schedule 3 - Outstanding Obligations: List of any outstanding obligations, loans, or benefits to be transferred
4. Schedule 4 - Modified Terms (if applicable): Details of any employment terms that will change upon assignment
5. Appendix A - Required Regulatory Approvals: Copies of any required regulatory or works council approvals
6. Appendix B - Data Processing Terms: Specific arrangements regarding the processing of employee personal data
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HR Operations Manager
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