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Assignment Of Employment Agreement Template for Ireland

An Assignment of Employment Agreement is a legal document used in Ireland to formally transfer an employee's employment contract from one employer to another. This document ensures compliance with Irish employment law, including the Transfer of Undertakings (Protection of Employment) Regulations 2003 and related legislation. It outlines the terms of the transfer, maintains continuity of employment, preserves employee rights and benefits, and establishes the new employment relationship while ensuring all parties understand their rights and obligations under Irish law. The agreement includes provisions for data protection, continuing terms of employment, and any specific arrangements regarding benefits or conditions.

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What is a Assignment Of Employment Agreement?

The Assignment of Employment Agreement is a crucial document used in Irish business transactions where employment contracts need to be transferred between entities. This typically occurs during business sales, mergers, acquisitions, or corporate restructuring. The document is designed to comply with Irish employment law, particularly the Transfer of Undertakings (Protection of Employment) Regulations 2003, and ensures the seamless transition of employment relationships while protecting employee rights. It contains detailed provisions about the transfer of obligations, maintenance of employment terms and conditions, and handling of employee benefits and entitlements. This agreement is essential for maintaining legal compliance and providing clarity to all parties involved in the employment transfer process.

What sections should be included in a Assignment Of Employment Agreement?

1. Parties: Identifies the current employer (Assignor), the new employer (Assignee), and the Employee

2. Background: Explains the context of the assignment, including the reason for transfer and the existing employment relationship

3. Definitions: Defines key terms used throughout the agreement, including Effective Date, Employment Agreement, and Business Transfer

4. Assignment and Assumption: Details the transfer of rights and obligations under the employment agreement from Assignor to Assignee

5. Effective Date: Specifies when the assignment takes effect and the transfer of employment occurs

6. Continuing Terms of Employment: Confirms the continuation of existing employment terms and conditions

7. Employee Acknowledgment: Employee's confirmation of understanding and acceptance of the assignment

8. Assignor Warranties: Warranties regarding the employment relationship, outstanding obligations, and compliance with employment laws

9. Assignee Obligations: New employer's commitments regarding the continuation of employment terms and future compliance

10. Data Protection: Provisions regarding the transfer and handling of employee personal data

11. Governing Law: Confirms Irish law as governing law and jurisdiction

What sections are optional to include in a Assignment Of Employment Agreement?

1. Accrued Benefits: Used when there are specific arrangements for transferring or settling accrued benefits like annual leave or bonuses

2. Pension Arrangements: Required when pension schemes are involved and specific arrangements need to be made for their transfer or continuation

3. Restrictive Covenants: Included when existing non-compete or confidentiality obligations need to be specifically addressed

4. Employee Representatives: Required when collective agreements or union representations need to be addressed

5. Intellectual Property Rights: Needed when the employee's role involves creation or management of intellectual property

6. Transition Period: Used when there's a phased transfer or temporary dual employment period

What schedules should be included in a Assignment Of Employment Agreement?

1. Schedule 1 - Original Employment Agreement: Copy of the existing employment agreement being assigned

2. Schedule 2 - Employee Details: Comprehensive list of employee information including role, salary, benefits, and length of service

3. Schedule 3 - Existing Benefits: Detailed list of current benefits, bonuses, and other entitlements

4. Schedule 4 - Outstanding Claims or Grievances: List of any ongoing employment-related claims or grievances

5. Appendix A - Transfer Notice: Formal notice to employee regarding the transfer of employment

6. Appendix B - Confirmation of Receipt: Employee acknowledgment form confirming receipt and understanding of the assignment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Ireland

Publisher

Ƶ

Cost

Free to use

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