Intercompany Employee Transfer Agreement Template for South Africa

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Intercompany Employee Transfer Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Intercompany Employee Transfer Agreement

"Need an Intercompany Employee Transfer Agreement for transferring a senior software engineer from our Johannesburg office to our Cape Town subsidiary, maintaining their current benefits and including provisions for hybrid working arrangements, to be effective from March 1, 2025."

Document background
The Intercompany Employee Transfer Agreement is essential when transferring employees between related companies in South Africa, whether for operational restructuring, career development, or business needs. This document ensures compliance with South African employment law, including the Labour Relations Act and Basic Conditions of Employment Act, while protecting both employer and employee interests. It addresses crucial aspects such as continuous service recognition, benefit transfers, and tax implications, providing a clear framework for the transfer process. The agreement is particularly important in group companies or multinational corporations operating in South Africa, where internal mobility is common and proper documentation of employment terms and conditions is crucial for legal compliance and risk management.
Suggested Sections

1. Parties: Identification of the transferring company (current employer), receiving company (new employer), and the transferring employee

2. Background: Context of the transfer, relationship between the companies, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including Transfer Date, Current Employment, New Employment, etc.

4. Term and Effective Date: Duration of the transfer agreement and when it becomes effective

5. Transfer Terms: Core terms of the transfer including position, duties, and reporting lines in the new company

6. Continuity of Employment: Confirmation that employment is continuous and previous service is recognized

7. Compensation and Benefits: Details of salary, benefits, and any changes in the compensation structure

8. Leave and Entitlements: Treatment of accumulated leave and other entitlements

9. Company Policies and Procedures: Application of new company policies and procedures to the transferred employee

10. Confidentiality and Intellectual Property: Obligations regarding confidential information and IP rights between both companies

11. Data Protection: Handling of employee personal information in compliance with POPIA

12. Termination: Circumstances under which the transfer agreement can be terminated

13. Governing Law: Confirmation of South African law as governing law and jurisdiction

14. Signatures: Execution section for all parties to sign

Optional Sections

1. International Transfer Provisions: Required if transfer involves cross-border elements, including work permits and immigration requirements

2. Pension and Retirement Benefits: Required if specific arrangements needed for transfer of pension or retirement benefits

3. Restrictive Covenants: Optional section for non-compete and non-solicitation provisions if required by either company

4. Relocation Assistance: Required if the transfer involves physical relocation of the employee

5. Share Schemes and Long-term Incentives: Required if employee participates in share schemes or long-term incentive plans

6. Training and Development: Optional section for specific training or development commitments

7. Return to Original Employer: Optional section defining conditions and process for potential return to original employer

8. Inter-company Billing: Required if there are cost-sharing arrangements between the companies for the transferred employee

Suggested Schedules

1. Schedule 1 - Employee Details: Detailed information about the employee, current role, and new role

2. Schedule 2 - Compensation and Benefits Package: Detailed breakdown of all compensation elements and benefits

3. Schedule 3 - Transfer Timeline: Key dates and milestones for the transfer process

4. Schedule 4 - Outstanding Obligations: List of any outstanding obligations, loans, or commitments between employee and current employer

5. Schedule 5 - Applicable Policies: List of key policies applicable from the new employer

6. Appendix A - Handover Plan: Detailed plan for handover of responsibilities

7. Appendix B - Required Notices and Consents: Copies of required notices and consents from relevant parties

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Manufacturing

Mining

Technology

Telecommunications

Professional Services

Retail

Healthcare

Energy

Construction

Agriculture

Transportation

Education

Media and Entertainment

Hospitality

Relevant Teams

Human Resources

Legal

Compliance

Finance

Risk Management

Employee Relations

Talent Management

Operations

Compensation and Benefits

Industrial Relations

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Employment Law Specialist

Compensation and Benefits Manager

Talent Acquisition Manager

HR Business Partner

Corporate Lawyer

Compliance Officer

Employee Relations Manager

Group HR Manager

Mobility Manager

Operations Director

Finance Manager

Risk Manager

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

Find the exact document you need

Intercompany Recharge Agreement

A South African law-governed agreement establishing the framework for cross-charging costs and services between related companies within the same corporate group.

find out more

Intercompany Agreement For Services

South African law-governed agreement regulating service provision between related companies within a corporate group, ensuring legal and regulatory compliance.

find out more

Intercompany Employee Transfer Agreement

South African law-governed agreement facilitating employee transfer between related companies while maintaining employment continuity and legal compliance.

find out more

Intercompany Shared Services Agreement

South African law-governed agreement structuring shared services arrangements between group companies, including service delivery, pricing, and compliance requirements.

find out more

Intercompany Asset Transfer Agreement

A South African law-governed agreement for transferring assets between related companies within the same corporate group, ensuring regulatory compliance and proper documentation of transfer terms.

find out more

Intercompany Subordination Agreement

A South African law agreement establishing the ranking and subordination of intercompany debts within a corporate group structure.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.