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Assignment Of Employment Contract
"I need an Assignment of Employment Contract under German law to transfer 50 IT employees from our subsidiary GmbH to our parent company AG as part of a corporate restructuring, effective March 1, 2025, with specific provisions for maintaining their existing stock option benefits."
1. Parties: Identification of the current employer (Assignor), new employer (Assignee), and the Employee
2. Background: Context of the assignment, including the reason for transfer and reference to the original employment contract
3. Definitions: Key terms used in the agreement including 'Effective Date', 'Original Employment Contract', 'Assignment Date'
4. Assignment and Assumption: Core terms of the assignment, including the transfer of rights and obligations
5. Employee Consent: Express acknowledgment and consent of the employee to the assignment
6. Continuation of Employment Terms: Confirmation that existing employment terms and conditions remain unchanged
7. Transfer of Obligations: Details of how existing obligations, including benefits and liabilities, will be transferred
8. Data Protection: Provisions regarding the transfer and handling of employee personal data
9. Effective Date: Specification of when the assignment takes effect
10. Governing Law: Confirmation of German law as governing law
11. Signatures: Execution blocks for all three parties
1. Works Council Approval: Required if the business has a works council that needs to be consulted
2. Modified Terms: Include if any employment terms are being modified as part of the transfer
3. Retained Liabilities: Include if the original employer is retaining any specific obligations
4. Non-Competition: Include if there are any non-compete obligations being transferred
5. Severance Terms: Include if the assignment involves any severance or special payment arrangements
6. Intellectual Property: Include if there are specific IP rights or obligations being transferred
7. Warranty Period: Include if the original employer is providing any warranties regarding the employment relationship
1. Original Employment Contract: Copy of the existing employment contract being assigned
2. Employee Benefits Summary: List of current benefits and their status post-assignment
3. Outstanding Obligations: List of any outstanding obligations (loans, training costs, etc.)
4. Data Processing Agreement: Specific terms regarding personal data handling if required by GDPR
5. Works Council Resolution: If applicable, the works council's written approval of the transfer
Authors
Assignor
Assignee
Employee
Original Employment Contract
Assignment Date
Effective Date
Employment Relationship
Existing Terms and Conditions
Works Council
Transfer Date
Accrued Rights
Benefits
Collective Agreements
Company Policies
Confidential Information
Data Protection Laws
Employee Personal Data
Encumbrances
Intellectual Property Rights
Liabilities
Notice Period
Parties
Personnel Records
Retained Obligations
Social Security Obligations
Transfer Regulations
Working Time
Workplace
Consent
Continuity of Employment
Employee Benefits
Data Protection
Confidentiality
Intellectual Property
Non-Competition
Working Hours
Remuneration
Leave Entitlements
Pension Rights
Social Security
Works Council Rights
Notice Periods
Severance Terms
Warranties and Representations
Liability Transfer
Retained Obligations
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Notices
Third Party Rights
Force Majeure
Execution
Manufacturing
Technology
Financial Services
Professional Services
Healthcare
Retail
Construction
Transportation
Energy
Telecommunications
Education
Hospitality
Real Estate
Media and Entertainment
Pharmaceutical
Human Resources
Legal
Compliance
Senior Management
Operations
Finance
Administration
Corporate Governance
Risk Management
Employee Relations
Human Resources Director
HR Manager
Legal Counsel
Employment Lawyer
Compliance Officer
HR Business Partner
Personnel Administrator
Recruitment Manager
Benefits Manager
Corporate Lawyer
CEO
Managing Director
Operations Manager
Finance Director
Company Secretary
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