The Employee Transfer Agreement is a crucial document used in scenarios where employees need to be transferred from one employer to another, whether due to business restructuring, acquisition, or organizational changes. Under Maltese law, which implements EU Directive 2001/23/EC, this agreement ensures that employees' rights are protected during the transfer process. The document is essential for compliance with the Transfer of Business (Protection of Employment) Regulations (S.L. 452.85) and the Employment and Industrial Relations Act. It typically includes detailed provisions about the transfer date, preservation of employment terms, continuous service recognition, and handling of employment liabilities. The agreement is particularly relevant in Malta's growing business sector, where corporate restructuring and international business transfers are common.
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1. Parties: Identification of the transferor (current employer) and transferee (new employer) companies
2. Background: Context of the transfer, including the business reason and general intent of the parties
3. Definitions: Key terms used throughout the agreement, including 'Transfer Date', 'Transferring Employees', 'Employment Liabilities', etc.
4. Transfer of Employment: Core provisions regarding the transfer of employment, including the transfer date and continuation of employment terms
5. Continuation of Terms and Conditions: Confirmation that existing employment terms and conditions will be preserved post-transfer
6. Service Continuity: Recognition of continuous employment and accrued rights from the original employment date
7. Employee Liabilities: Allocation of responsibilities for employee-related liabilities pre and post-transfer
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 the transfer
10. Cooperation Between Parties: Obligations for parties to cooperate in implementing the transfer and resolving issues
11. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
1. Collective Agreements: Section addressing the treatment of existing collective agreements (include if applicable)
2. Pensions and Benefits: Detailed provisions for handling specific pension schemes or benefits (include if special arrangements needed)
3. International Aspects: Additional provisions for cross-border transfers (include for international transfers)
4. Group Company Provisions: Additional terms for transfers within company groups (include for intra-group transfers)
5. Intellectual Property: Provisions regarding employee-created IP and confidentiality (include for technical/creative roles)
6. Non-Compete Obligations: Treatment of existing non-compete clauses (include for senior or specialized roles)
7. Training and Integration: Specific provisions for employee training and integration programs (include if special arrangements needed)
1. Schedule 1 - List of Transferring Employees: Detailed list of transferring employees with relevant employment details
2. Schedule 2 - Employment Terms and Conditions: Summary of key employment terms and conditions being transferred
3. Schedule 3 - Employee Benefits: Details of employee benefits, bonuses, and other compensation arrangements
4. Schedule 4 - Outstanding Employee Claims: List of any pending employee claims or disputes
5. Schedule 5 - Data Processing Requirements: Specific data protection and processing requirements for employee information
6. Appendix A - Employee Communication Template: Template for formal communication to employees regarding the transfer
7. Appendix B - Timeline and Implementation Plan: Detailed timeline for the transfer process and implementation steps
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