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Employment Transfer Agreement
"I need an Employment Transfer Agreement under Hong Kong law to transfer 50 employees from our technology subsidiary to the parent company as part of a corporate restructuring, with the transfer to take effect from March 1, 2025."
1. Parties: Identifies the current employer (transferor), new employer (transferee), and employee(s)
2. Background: Sets out the context of the transfer and the intention to transfer employment
3. Definitions: Defines key terms used throughout the agreement
4. Transfer of Employment: Core terms regarding the transfer of employment relationship from current to new employer
5. Effective Date: Specifies when the transfer takes effect
6. Continuity of Employment: Confirms that employment is continuous and previous service is recognized
7. Terms and Conditions of Employment: Details of employment terms that will transfer or any variations
8. Employee Benefits and Entitlements: Handling of existing benefits, accrued rights, and entitlements
9. Statutory Rights and Obligations: Compliance with Hong Kong employment laws and statutory requirements
10. Data Protection and Privacy: Handling of employee personal data during the transfer
11. Representations and Warranties: Key statements and guarantees by all parties
12. Governing Law and Jurisdiction: Confirms Hong Kong law governs the agreement
13. Execution: Signature blocks and execution requirements
1. Post-Transfer Obligations: Specific obligations of the new employer after the transfer, used when special commitments are required
2. Treatment of Outstanding Claims: Handling of existing employee claims or disputes, included when there are ongoing issues
3. Intellectual Property Rights: Transfer of IP obligations and rights, needed when IP is a significant aspect of employment
4. Non-compete and Confidentiality: Transfer of existing restrictions, included when such obligations exist
5. Pension and MPF Arrangements: Detailed handling of retirement benefits, needed for complex benefit structures
6. Group Benefits and Insurance: Transfer of insurance and group benefits, included for senior employees or complex benefit packages
7. Transitional Arrangements: Temporary measures during transfer period, needed for complex transfers
8. Employee Consultation: Details of employee consultation process, included when formal consultation was required
1. Schedule 1 - Transferring Employees: List of employees being transferred with their key employment details
2. Schedule 2 - Current Terms and Conditions: Detailed current employment terms and benefits
3. Schedule 3 - New Terms and Conditions: Any variations to employment terms post-transfer
4. Schedule 4 - Outstanding Entitlements: List of accrued benefits, leave, and other entitlements
5. Schedule 5 - Employee Benefits: Detailed description of all benefit schemes and their treatment
6. Appendix A - Required Notices and Consents: Copies of relevant notices and employee consents
7. Appendix B - Transfer Timeline: Detailed timeline of transfer process and key dates
Authors
Applicable Law
Business Day
Completion
Confidential Information
Current Employer
Data Protection Laws
Effective Date
Employee Benefits
Employee Claims
Employees
Employment Ordinance
Encumbrance
Existing Contract
Group Company
Hong Kong
Intellectual Property Rights
Liabilities
Long Service Payment
Mandatory Provident Fund
Material Adverse Change
New Employer
Notice Period
Parties
Personal Data
Pre-Transfer Liabilities
Post-Transfer Liabilities
Relevant Transfer
Retained Records
Severance Payment
Statutory Entitlements
Transfer Date
Transfer Notice
Transferring Employees
Transferring Employment Benefits
Transferring Rights
Transition Period
Working Hours
Continuity of Service
Statutory Compliance
Employee Benefits
Severance and Payments
Data Protection
Confidentiality
Non-Competition
Intellectual Property
Representations and Warranties
Indemnification
Employee Claims
Pension and MPF
Leave Entitlements
Insurance
Notice Requirements
Employee Consultation
Record Keeping
Tax Obligations
Dispute Resolution
Governing Law
Force Majeure
Severability
Entire Agreement
Assignment
Third Party Rights
Variation
Costs
Notices
Counterparts
Financial Services
Banking
Insurance
Technology
Manufacturing
Retail
Professional Services
Healthcare
Education
Telecommunications
Real Estate
Construction
Logistics
Hospitality
Media and Entertainment
Human Resources
Legal
Compliance
Employee Relations
Payroll
Benefits Administration
Risk Management
Corporate Secretariat
Operations
Finance
Human Resources Director
HR Manager
Legal Counsel
Employment Lawyer
Compliance Officer
HR Business Partner
Benefits Administrator
Payroll Manager
Operations Director
Chief Human Resources Officer
Company Secretary
Risk Manager
Employee Relations Manager
Compensation and Benefits Manager
HR Operations Manager
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