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Employee Transfer Agreement
1. Parties: Identification of the current employer (transferor), new employer (transferee), and the transferring employee(s)
2. Background: Context of the transfer, including the business reason for the transfer and reference to any master agreement or business transfer agreement if applicable
3. Definitions: Definitions of key terms used throughout the agreement, including Transfer Date, Employment Terms, and any other relevant terminology
4. Transfer of Employment: Core terms of the transfer, including the effective date and confirmation that employment will transfer on existing terms and conditions
5. Continuation of Employment Terms: Detailed description of how existing employment terms and conditions will be maintained or modified, including salary, benefits, and seniority
6. Employee Benefits and Entitlements: Treatment of accrued benefits, holiday pay, bonus schemes, and other entitlements
7. Obligations of the Transferor: Responsibilities of the current employer before and during the transfer process
8. Obligations of the Transferee: Responsibilities of the new employer in maintaining employment terms and ensuring smooth transition
9. Data Protection: Provisions for handling employee personal data in compliance with GDPR and Danish data protection laws
10. Governing Law and Jurisdiction: Confirmation that the agreement is governed by Danish law and subject to Danish courts' jurisdiction
1. Collective Agreements: Required when transferred employees are covered by collective agreements, detailing how these will be handled post-transfer
2. Pension Arrangements: Required when specific pension schemes need to be addressed or transferred
3. Restrictive Covenants: Required when existing non-compete or confidentiality agreements need to be transferred or modified
4. Integration Provisions: Optional section detailing specific integration plans or measures when employees are being integrated into an existing workforce
5. Share Options and Long-Term Incentives: Required when employees have existing share options or long-term incentive plans that need to be addressed
6. Works Council/Union Consultation: Required when the transfer involves employees subject to works council or union representation
1. Schedule 1 - Transferring Employees: List of transferring employees with their current positions and key employment terms
2. Schedule 2 - Current Employment Terms: Detailed documentation of existing employment terms and conditions for each transferring employee
3. Schedule 3 - Employee Benefits: Comprehensive list of current benefits and their treatment post-transfer
4. Schedule 4 - Transferred Liabilities: List of employment-related liabilities being transferred to the new employer
5. Appendix A - Required Notices and Communications: Templates for employee communications and statutory notices required under Danish law
6. Appendix B - Timeline and Process: Detailed timeline of the transfer process including key dates and milestones
Authors
Transferor
Transferee
Transferring Employee(s)
Transfer Date
Effective Date
Employment Terms
Existing Employment Agreement
Collective Agreement
Business Day
Confidential Information
Data Protection Laws
Employee Benefits
Employee Representatives
Employment Liabilities
Holiday Pay
Intellectual Property Rights
Notice Period
Pension Scheme
Personal Data
Records
Relevant Transfer
Restrictive Covenants
Seniority Date
Transferred Rights
Works Council
Working Day
Accrued Benefits
Applicable Law
Business Transfer
Company Policies
Completion
Employee Claims
Employment Legislation
Material Employment Terms
Long Term Incentive Plans
Trade Union
Transfer Regulations
Danish Act on Transfer of Undertakings
Danish Holiday Act
Transfer of Employment
Continuity of Employment
Employment Terms and Conditions
Salary and Benefits
Pension Arrangements
Holiday Entitlements
Sick Leave
Employee Warranties
Employer Warranties
Data Protection
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Collective Agreements
Employee Consultation
Works Council
Trade Union Rights
Liabilities
Indemnification
Records Transfer
Notice Requirements
Integration Process
Governing Law
Dispute Resolution
Severability
Entire Agreement
Assignment
Amendments
Personal Data Processing
Employee Claims
Payment Obligations
Tax Treatment
Social Security
Company Property
Force Majeure
Termination
Signatures
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