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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."
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
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
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
Benefits
Commencement Date
Confidential Information
Current Employment
Current Employer
Effective Date
Employee
Employment Agreement
Group
Group Company
Intellectual Property Rights
Leave Entitlements
Long-term Incentives
New Employment
New Employer
Notice Period
Parties
Personal Information
Previous Service
Receiving Company
Relevant Benefits
Service Period
Termination Date
Transfer
Transfer Date
Transfer Period
Transferring Company
Transferring Employee
Working Day
Definitions
Interpretation
Transfer of Employment
Continuity of Service
Compensation and Benefits
Leave Entitlements
Employee Obligations
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Employee Warranties
Employer Warranties
Handover Process
Performance Management
Notice Periods
Termination
Return of Property
Tax Indemnity
Benefits Transfer
Pension Arrangements
Medical Aid
Relocation
Immigration
Dispute Resolution
Governing Law
Force Majeure
Assignment
Severability
Entire Agreement
Variation
Costs
Notices
Third Party Rights
Waiver
Counterparts
Financial Services
Manufacturing
Mining
Technology
Telecommunications
Professional Services
Retail
Healthcare
Energy
Construction
Agriculture
Transportation
Education
Media and Entertainment
Hospitality
Human Resources
Legal
Compliance
Finance
Risk Management
Employee Relations
Talent Management
Operations
Compensation and Benefits
Industrial Relations
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
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