An employee transfer agreement is a legal document that outlines the terms and conditions of an employee being transferred from one department, location, or company to another. This agreement is necessary to ensure that the transfer of the employee is conducted in a fair and transparent manner and that all parties involved are aware of their rights and responsibilities.
If you are a human resources professional or a manager involved in employee transfers, it is important to have a transfer agreement in place. This document can help avoid any misunderstandings or disputes that may arise during the transfer process. To help you create a thorough and effective employee transfer agreement, we have provided a sample template that you can use as a starting point.
EMPLOYEE TRANSFER AGREEMENT SAMPLE
This Employee Transfer Agreement (“Agreement”) is made and entered into on [insert date] by and between [insert name of current employer], a [insert state/country] corporation with its principal place of business at [insert address] (“Current Employer”) and [insert name of new employer or department], a [insert state/country] corporation with its principal place of business at [insert address] (“New Employer”).
WHEREAS, the Current Employer and New Employer desire to transfer the employee named below from the Current Employer to the New Employer; and
WHEREAS, the parties desire to set forth the terms and conditions of the employee’s transfer;
NOW, THEREFORE, in consideration of the premises and mutual promises and agreements contained herein, the parties agree as follows:
1. Employee Name and Position. The employee being transferred is [insert name] and their current position is [insert current position]. Their new position with the New Employer will be [insert new position].
2. Effective Date of Transfer. The employee’s transfer will be effective as of [insert date].
3. Benefits and Compensation. The employee’s salary and benefits will remain the same or will be adjusted in accordance with the New Employer’s policies and practices. The employee’s accrued vacation and sick leave will also be transferred to the New Employer.
4. Job Duties. The employee’s job duties will be revised and updated to reflect their new position and responsibilities with the New Employer.
5. Employment At-Will. The employee understands that their employment with the New Employer will be at-will and is not guaranteed for any specific period of time.
6. Confidentiality and Non-Disclosure. The employee acknowledges that they will be working with confidential information and agrees to maintain the confidentiality of such information after the transfer.
7. Non-Solicitation. The employee agrees not to solicit any of the Current Employer’s clients or customers after the transfer.
8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of [insert governing state/country].
9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
10. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, agreements, and understandings between the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
[Insert name of Current Employer]By: ____________________________
[Insert name and title of authorized representative] [Insert name of New Employer]By: ____________________________
[Insert name and title of authorized representative] [Insert name of Employee]By: ____________________________
[Insert name and title of employee]In conclusion, it is crucial to have an employee transfer agreement in place when transferring an employee. This sample agreement should serve as a useful starting point when drafting your own agreement. Remember that each situation is unique, and you should consult with legal counsel before finalizing any agreement. Following this process will help ensure that the transfer is conducted smoothly, fairly and within the bounds of the law.