Employment Transfer Agreement Template for Ireland

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Key Requirements PROMPT example:

Employment Transfer Agreement

"I need an Employment Transfer Agreement to transfer 50 IT department employees from our Dublin office to a newly established subsidiary company, with the transfer to take effect from March 1, 2025, ensuring compliance with Irish TUPE regulations."

Document background
The Employment Transfer Agreement is a crucial document used in Ireland when employees are being transferred from one employer to another, typically in scenarios such as business acquisitions, mergers, outsourcing arrangements, or corporate restructuring. It ensures compliance with Irish employment law, particularly the Transfer of Undertakings (TUPE) regulations, which implement EU Directive 2001/23/EC. The agreement addresses essential aspects including the preservation of employees' terms and conditions, continuity of employment, pension rights, and collective agreements. It outlines the consultation process, data protection requirements, and allocation of liabilities between the transferor and transferee. This document is particularly relevant in Ireland's business environment, which features significant multinational presence and frequent corporate transactions.
Suggested Sections

1. Parties: Identification of the transferor and transferee companies

2. Background: Context of the transfer, including the business reason and scope of the transfer

3. Definitions: Key terms used throughout the agreement, including 'Transferring Employees', 'Transfer Date', 'Business', etc.

4. Transfer of Employment: Core provisions regarding the transfer of employees, including continuation of terms and conditions

5. Employee Rights and Protections: Confirmation of preservation of employment rights, continuity of service, and existing terms and conditions

6. Information and Consultation: Details of the employee consultation process and information sharing requirements

7. Data Protection: Provisions for handling employee personal data during and after the transfer

8. Pre-Transfer Obligations: Responsibilities of the transferor prior to the transfer date

9. Post-Transfer Obligations: Responsibilities of the transferee after the transfer date

10. Liability and Indemnities: Allocation of responsibilities and risks between parties

11. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction

Optional Sections

1. Pensions: Details of pension arrangements, required if employees have existing pension rights

2. Collective Agreements: Required if transferring employees are subject to collective agreements

3. International Transfers: Additional provisions needed if the transfer involves cross-border elements

4. Restrictive Covenants: Required if existing employee restrictions need to be addressed or modified

5. Property and Assets: Include if physical assets or property rights are being transferred alongside employees

6. Transition Services: Required if the transferor will provide temporary support services post-transfer

Suggested Schedules

1. Schedule 1 - List of Transferring Employees: Detailed list of all employees being transferred, including their key employment terms

2. Schedule 2 - Employee Benefits: Details of all employee benefits, including insurance, bonuses, and other perks

3. Schedule 3 - Ongoing Claims and Disputes: List of any existing employment disputes or claims

4. Schedule 4 - Employee Policies and Procedures: Key policies and procedures that will transfer

5. Appendix A - Form of Employee Notice: Template for formal communication to transferring employees

6. Appendix B - Data Processing Agreement: Specific arrangements for handling employee personal data during 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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
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Technology

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Human Resources Director

Legal Counsel

Employment Law Specialist

HR Manager

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Chief Executive Officer

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