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Employment Transfer Agreement
1. Parties: Identification of the transferor (current employer), transferee (new employer), and scope of employees covered
2. Background: Context of the transfer, including the business reason and effective date
3. Definitions: Key terms used throughout the agreement, including 'Transfer Date', 'Transferring Employees', 'Employment Terms', etc.
4. Transfer of Employment: Core provisions regarding the transfer of employment relationships, including confirmation of transfer terms
5. Continuity of Employment: Confirmation that employment is continuous and previous service is recognized
6. Terms and Conditions of Employment: Confirmation of maintained employment terms and any permitted variations
7. Employee Benefits: Treatment of existing benefits, pension arrangements, and other employment-related benefits
8. Information and Consultation: Confirmation of compliance with employee information and consultation requirements
9. Data Protection: Provisions for handling employee personal data during and after transfer
10. Liabilities and Indemnities: Allocation of responsibilities and liabilities between transferor and transferee
11. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction
1. Collective Agreements: Required when transferring employees are covered by collective agreements, addressing their continuation or termination
2. Pension Arrangements: Detailed section required when special pension schemes or arrangements need specific handling
3. Share Options and Incentives: Required when transferring employees have existing share options or other incentive schemes
4. Intellectual Property Rights: Required when employees have created or are involved with IP rights
5. Non-Compete and Confidentiality: Required when existing restrictive covenants need to be addressed or new ones implemented
6. International Transfers: Required when the transfer involves cross-border elements
7. Works Council Provisions: Required when works councils are involved in the transfer
1. Schedule 1 - List of Transferring Employees: Detailed list of all employees being transferred, including their current terms and conditions
2. Schedule 2 - Employee Benefits: Detailed description of all employee benefits and their treatment post-transfer
3. Schedule 3 - Collective Agreements: Copies or summaries of relevant collective agreements
4. Schedule 4 - Pension Schemes: Details of current pension arrangements and their treatment
5. Schedule 5 - Outstanding Claims and Litigation: List of any ongoing employment disputes or claims
6. Appendix A - Transfer Timeline: Detailed timeline of the transfer process and key dates
7. Appendix B - Communication Plan: Plan for employee communications and consultation process
Authors
Business
Business Day
Collective Agreements
Completion Date
Confidential Information
Data Protection Legislation
Effective Date
Employee Benefits
Employee Claims
Employee Liabilities
Employee Representatives
Employment Contracts
Employment Terms
Encumbrance
Long-Term Disability
Material Change
Occupational Pension Scheme
Personal Data
Relevant Employees
Relevant Transfer
Retained Records
Share Options
Transfer Date
Transfer Regulations
Transferred Employees
Transferee
Transferor
TUPE
Works Council
Continuity of Service
Terms and Conditions
Employee Benefits
Pension Rights
Information and Consultation
Data Protection
Confidentiality
Non-Competition
Intellectual Property
Employee Claims
Indemnities
Tax Obligations
Social Security
Holiday Entitlements
Sick Pay
Bonus Arrangements
Share Options
Collective Agreements
Works Council
Employee Records
Outstanding Liabilities
Post-Transfer Obligations
Dispute Resolution
Governing Law
Severability
Entire Agreement
Notices
Third Party Rights
Force Majeure
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