Employee Transfer Agreement for Malta

Employee Transfer Agreement Template for Malta

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Employee Transfer Agreement

"I need an Employee Transfer Agreement under Maltese law for transferring 50 employees from our gaming division to a newly established subsidiary company, with the transfer to be effective from March 1, 2025; the agreement needs to address retention of existing benefits and gaming industry-specific regulatory compliance."

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What is a Employee Transfer Agreement?

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.

What sections should be included in a Employee Transfer Agreement?

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

What sections are optional to include in a Employee Transfer Agreement?

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)

What schedules should be included in a Employee Transfer Agreement?

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

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
Relevant Industries

Financial Services

Gaming and iGaming

Information Technology

Manufacturing

Professional Services

Maritime and Logistics

Healthcare

Retail and Consumer

Tourism and Hospitality

Education

Telecommunications

Relevant Teams

Human Resources

Legal

Compliance

Operations

Industrial Relations

Employee Relations

Corporate Development

Merger Integration

Payroll

Benefits Administration

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Employment Lawyer

Compliance Officer

Business Transfer Manager

Operations Director

Chief Human Resources Officer

Industrial Relations Manager

Employee Relations Manager

HR Business Partner

Chief Legal Officer

Corporate Restructuring Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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