Employment Transfer Agreement Template for Belgium

The Employment Transfer Agreement is a critical legal instrument used in Belgium when employees are transferred between employers, typically during corporate restructurings, mergers, acquisitions, or business transfers. This document ensures compliance with Belgian employment law, particularly the Employment Contracts Act and CBA No. 32bis, which provide specific protections for employees during transfers. The agreement meticulously details the transfer terms, including maintenance of employment conditions, benefits continuation, handling of accrued rights, and data protection measures. It's essential for protecting both employer and employee interests while maintaining legal compliance in situations where employment relationships are being transferred from one entity to another. The document includes provisions for works council consultation where required and addresses social security and tax implications of the transfer.

1. Parties: Identification of the transferor (current employer), transferee (new employer), and the employee(s) being transferred

2. Background: Context of the transfer, including the business reason for the transfer and reference to any master agreements or corporate transactions

3. Definitions: Key terms used throughout the agreement, including Transfer Date, Employment Contract, Existing Benefits, etc.

4. Transfer of Employment: Core provisions regarding the transfer of employment, including the effective date and continuation of employment terms

5. Continuity of Service: Confirmation that the employee's length of service with the transferor will be recognized by the transferee

6. Employment Terms and Conditions: Detailed provisions regarding the continuation or modification of existing employment terms

7. Employee Benefits: Treatment of existing benefits, including pension rights, insurance, and other employment benefits

8. Outstanding Liabilities: Allocation of responsibilities for accrued but unpaid salary, bonuses, vacation pay, and other obligations

9. Data Protection: Provisions regarding the transfer of employee personal data in compliance with GDPR

10. Representations and Warranties: Statements by each party regarding their authority, compliance with laws, and other key facts

11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes