Transfer Letter Template for Germany

A Transfer Letter under German law is a formal document that facilitates and documents the transfer of an employee from one legal entity or position to another. It ensures compliance with German employment law, particularly §613a BGB, which protects employees' rights during business transfers. The document outlines the terms and conditions of the transfer, confirms the continuation of existing employment terms, and provides essential information about the new role, reporting structure, and location. It serves as a legal record of the transfer while maintaining transparency and protecting both employer and employee interests under German jurisdiction.

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What is a Transfer Letter?

The Transfer Letter is a crucial document in German employment law, used when an employee is being transferred between legal entities, departments, or positions. It must comply with §613a BGB, which provides specific protections for employees during business transfers. This document is typically used in scenarios such as corporate restructuring, internal promotions, departmental transfers, or when employees are moved between affiliated companies. The Transfer Letter includes essential information about the transfer date, new role, reporting structure, and confirmation of maintained employment terms. It serves as official documentation of the transfer agreement and helps ensure compliance with German employment law requirements, including works council rights where applicable. The document is particularly important in Germany's highly regulated employment environment, where formal documentation of employment changes is necessary for legal compliance and employee protection.

What sections should be included in a Transfer Letter?

1. Sender and Recipient Details: Complete company/entity information of both the transferring and receiving employer, including registered addresses

2. Employee Information: Full name and current position of the employee being transferred

3. Transfer Details: Effective date of transfer and new role/position details

4. Employment Terms Confirmation: Confirmation that existing employment terms and conditions will be maintained as per §613a BGB

5. Reporting Structure: Information about the new reporting line and immediate supervisor

6. Location: Details of the new work location

7. Closing: Signature blocks for all parties involved, including date fields

What sections are optional to include in a Transfer Letter?

1. Special Compensation Arrangements: Include when there are specific bonus, salary adjustments, or other financial terms related to the transfer

2. International Transfer Provisions: Required when the transfer involves cross-border elements

3. Project-Specific Information: Include when the transfer is related to a specific project or temporary assignment

4. Works Council Reference: Include when works council approval has been obtained or is required

5. Training Requirements: Include when the transfer involves specific training or qualification requirements

6. Notice Period Modifications: Include when there are changes to notice period arrangements

What schedules should be included in a Transfer Letter?

1. Current Employment Terms: Detailed list of existing employment terms and conditions being transferred

2. Benefits Summary: Overview of all benefits and their continuation post-transfer

3. Job Description: Detailed description of the new role and responsibilities

4. Transfer Timeline: If applicable, schedule of key dates and milestones in the transfer process

5. Required Documentation: List of documents the employee needs to complete or sign as part of the transfer

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Letter

Cost

Free to use

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