Employment Transfer Agreement Template for Philippines

The Employment Transfer Agreement is a crucial document used in the Philippine business environment when an employee transitions from one employer to another, whether within a corporate group or between unrelated entities. This agreement is essential for situations involving corporate restructuring, acquisitions, internal reorganizations, or voluntary transfer arrangements. It ensures compliance with the Labor Code of the Philippines and related employment regulations while protecting the rights and interests of all parties involved. The document typically includes detailed provisions about the transfer process, continuation of benefits, recognition of service years, and new employment terms. It's particularly important in the Philippine context due to specific local requirements regarding employment continuity, social security benefits, and worker protections. The agreement helps prevent potential disputes by clearly documenting the transfer terms and ensuring all statutory obligations are met.

1. Parties: Identifies the current employer (transferor), new employer (transferee), and the employee being transferred

2. Background: Explains the context of the transfer, relationship between the employers, and reason for the transfer

3. Definitions: Defines key terms used throughout the agreement including Transfer Date, Current Employment, New Employment, etc.

4. Transfer Terms: Details the core terms of the transfer including effective date, position, and continuation of employment

5. Employment Terms and Conditions: Specifies the terms of employment with the new employer, including role, responsibilities, and reporting structure

6. Compensation and Benefits: Outlines salary, benefits, and other entitlements under the new employment arrangement

7. Service Recognition: Addresses recognition of continuous service and carried-over benefits from previous employment

8. Employee Obligations: States the employee's obligations regarding the transfer, including confidentiality and handover requirements

9. Employer Obligations: Details obligations of both current and new employer regarding the transfer process

10. Statutory Compliance: Addresses compliance with Philippine labor laws, social security, and other statutory requirements

11. Governing Law: Specifies that Philippine law governs the agreement and relevant jurisdiction

12. Execution: Signature blocks for all three parties and execution details