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Lateral Transfer Letter

Lateral Transfer Letter Template for Germany

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Key Requirements PROMPT example:

Lateral Transfer Letter

"I need a Lateral Transfer Letter under German law for transferring a senior software engineer to a technical lead position in our Munich office, effective March 1, 2025, with a 15% salary increase and new responsibilities for managing a team of 5 developers."

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Document background
The Lateral Transfer Letter is a crucial document used in German employment contexts to formalize an employee's movement to a different position within the same legal entity. It serves as an addendum to the existing employment agreement, documenting changes in role, responsibilities, and any modified terms while explicitly maintaining employment continuity. This document is particularly important in Germany due to specific requirements under German labor law regarding documentation of employment terms (Nachweisgesetz) and potential works council consultation requirements. It should be used whenever an employee is moving to a different position internally, whether horizontal or vertical, and must carefully balance the modification of specific terms while preserving overall employment continuity and existing rights.
Suggested Sections

1. Letter Header and Date: Company letterhead, date, and employee's address details

2. Current Role Reference: Reference to current position and employment agreement date

3. New Position Details: Specific details of the new role, including title, department, and reporting line

4. Transfer Effective Date: Clear statement of when the transfer takes effect

5. Location of Work: Specification of new work location if changed

6. Compensation and Benefits: Confirmation of any changes to salary, benefits, or other compensation elements

7. Continuity of Employment: Confirmation that the transfer does not affect employment continuity

8. Existing Terms Confirmation: Reference to continuing validity of existing employment agreement terms

9. Acceptance Section: Space for employee signature and date to indicate acceptance

Optional Sections

1. Probationary Period: Include if a new probationary period applies to the transfer position

2. Working Hours: Include if there are changes to working hours or patterns

3. Travel Requirements: Include if the new position involves different travel expectations

4. Training Requirements: Include if specific training or certifications are required for the new position

5. Collective Agreement Reference: Include if the transfer affects applicable collective agreements

6. Works Council Approval: Include if works council approval has been obtained (where applicable)

Suggested Schedules

1. Job Description: Detailed description of the new role and responsibilities

2. Benefits Summary: If there are changes to benefits, a detailed summary of the new benefits package

3. Organizational Chart: Shows the new position within the organizational structure

4. Special Terms: Any special terms or conditions specific to the new role

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Manufacturing

Financial Services

Professional Services

Healthcare

Retail

Telecommunications

Automotive

Energy

Construction

Education

Media and Entertainment

Logistics

Pharmaceuticals

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Personnel Administration

Talent Management

HR Operations

HR Information Systems

Employee Services

Workforce Management

Relevant Roles

Human Resources Director

HR Manager

HR Business Partner

Legal Counsel

Employment Lawyer

Compliance Officer

HR Administrator

Talent Management Specialist

Personnel Manager

Employee Relations Manager

HR Operations Manager

HR Coordinator

Employment Law Specialist

HR Documentation Specialist

HR Systems Administrator

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Sections 611-630, covering basic employment contract law, including transfer provisions and contract modifications
Protection Against Dismissal Act (Kündigungsschutzgesetz - KSchG): Relevant for ensuring the transfer doesn't constitute a constructive dismissal and protecting employee rights
Works Constitution Act (Betriebsverfassungsgesetz - BetrVG): Particularly § 99, regarding involvement of works council in personnel matters including transfers
General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG): Ensures the transfer decision and conditions are non-discriminatory
Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG): Governs the handling of employee personal data during the transfer process
Collective Bargaining Agreements (Tarifverträge): Any applicable collective agreements that might affect transfer conditions and requirements
Documentation Act (Nachweisgesetz - NachwG): Specifies requirements for documenting essential working conditions and their changes
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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