The Employee Transfer Agreement is a crucial document used when transferring employees between legal entities in Germany, whether within a corporate group or between unrelated companies. It ensures compliance with §613a BGB (German Civil Code) and other relevant German labor laws, which provide strong protections for employees during transfers. The agreement is particularly important in corporate restructuring, mergers and acquisitions, or strategic reorganizations. It must address the continuation of employment terms, protection of acquired rights, data privacy requirements, and works council consultation obligations. The document typically includes detailed provisions about employment conditions, benefits continuation, length of service recognition, and practical transfer arrangements, while ensuring all statutory requirements under German law are met.
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1. Parties: Identification of the current employer (transferor), new employer (transferee), and the employee being transferred
2. Background: Context of the transfer, including business reasons and relevant corporate relationship between the employers
3. Definitions: Key terms used throughout the agreement, including Transfer Date, Current Employment Agreement, etc.
4. Transfer of Employment: Core provisions regarding the transfer of employment relationship, including effective date and continuation of terms
5. Continuation of Terms and Conditions: Detailed specification of employment terms that will continue unchanged, as required by §613a BGB
6. Employee Benefits: Treatment of existing benefits, including pension rights, insurance, and other ancillary benefits
7. Length of Service: Confirmation of recognition of continuous service and related rights
8. Data Protection: Provisions for handling employee personal data in compliance with BDSG
9. Works Council Status: Confirmation of works council consultation and any relevant agreements
10. Handover Process: Practical arrangements for the transfer of employee records and responsibilities
11. Governing Law: Confirmation of German law application and jurisdiction
1. Integration Measures: Details of any special integration arrangements or onboarding process, used when transferring to a significantly different working environment
2. International Aspects: Additional provisions for cross-border transfers or international group transfers
3. Intellectual Property: Special provisions regarding IP rights and confidentiality, particularly relevant for R&D or technical roles
4. Post-Transfer Restrictions: Any specific post-transfer obligations or restrictions, if applicable to senior or specialized roles
5. Collective Agreements: Details of applicable collective agreements, required when transferring between employers with different collective bargaining arrangements
1. Schedule 1 - Current Employment Terms: Detailed list of current employment terms and conditions to be transferred
2. Schedule 2 - Employee Benefits Summary: Comprehensive list of current benefits and their treatment post-transfer
3. Schedule 3 - Outstanding Entitlements: List of accrued but unused entitlements (vacation, bonuses, etc.)
4. Appendix A - Required Notices: Copies of formal notices provided to employee and works council
5. Appendix B - Transfer Timeline: Detailed timeline of transfer process and key dates
6. Appendix C - Handover Checklist: Checklist of documents and responsibilities to be transferred
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