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Employee Transfer Agreement for Singapore

Employee Transfer Agreement Template for Singapore

A legally binding agreement governed by Singapore law that facilitates the transfer of employees from one employer to another while maintaining continuity of employment and protecting employee rights. The agreement ensures compliance with Singapore's Employment Act and related legislation, addressing aspects such as service continuity, benefits preservation, and CPF contributions. It provides a framework for managing employment transfers in corporate restructuring, mergers, or internal reorganizations.

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What is a Employee Transfer Agreement?

The Employee Transfer Agreement is essential in Singapore's corporate landscape where business restructuring, acquisitions, and organizational changes frequently necessitate the transfer of employees between entities. This agreement ensures compliance with Singapore's employment laws while protecting both employer and employee interests. It addresses crucial elements such as continuation of service, transfer of benefits, CPF obligations, and employment terms. The document is particularly relevant in scenarios involving corporate restructuring, mergers and acquisitions, or internal reorganizations within group companies.

What sections should be included in a Employee Transfer Agreement?

1. Parties: Identifies current employer, new employer, and employee

2. Background: Context of the transfer and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Effective Date of Transfer: Specific date when employment transfers

5. Terms of Employment: Continuation of employment terms and conditions

6. Continuity of Service: Recognition of previous service period

7. Employee Benefits: Treatment of existing benefits and entitlements

8. Governing Law: Specification of Singapore law as governing law

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

1. Immigration Status: Required for foreign employees requiring work passes

2. Non-compete Obligations: Transfer of existing non-compete obligations

3. Union Recognition: Recognition of existing union agreements

4. Intellectual Property: Transfer of IP obligations

What schedules should be included in a Employee Transfer Agreement?

1. Schedule 1 - Employee Details: List of transferring employees and their current terms

2. Schedule 2 - Existing Benefits: Detailed list of current employment benefits

3. Schedule 3 - Outstanding Obligations: List of accrued but unused leave, bonuses, etc.

4. Appendix A - Consent Form: Employee's written consent to transfer

Authors

Alex Denne

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

Jurisdiction

Singapore

Publisher

Ƶ

Document Type

Transfer Agreement

Cost

Free to use
Relevant legal definitions

























Clauses



























Industries

Employment Act (Chapter 91): Primary legislation governing employment relationships in Singapore, covering basic terms of employment, rights, duties and responsibilities of employers and employees

Employment Claims Act 2016: Framework for resolving salary-related disputes and other employment claims in Singapore

Workplace Safety and Health Act: Legislation ensuring safety, health and welfare of persons at work in Singapore

Central Provident Fund Act: mandatory social security savings scheme for working Singaporeans and permanent residents, affecting employment benefits and contributions

Personal Data Protection Act 2012: Governs the collection, use, disclosure and care of personal data, relevant for employee information transfer

Employment of Foreign Manpower Act: Regulates the employment of foreign workers in Singapore, including work pass requirements

Immigration Act: Controls immigration into Singapore, relevant for foreign employee transfers

Industrial Relations Act: Regulates the relationships between employers and employees, including dispute resolution

Trade Unions Act: Governs the formation and operation of trade unions, relevant if transferred employees are unionized

Transfer of Employment Regulations: Specific regulations governing the transfer of employees between companies, including preservation of terms and conditions

Tripartite Guidelines on Fair Employment Practices: Guidelines promoting fair, responsible and progressive employment practices in Singapore

Contracts Act (Chapter 53): Fundamental law governing contract formation and enforcement in Singapore, relevant for transfer agreement structure

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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