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Employment Transfer Agreement for Singapore

Employment Transfer Agreement Template for Singapore

A legally binding document governed by Singapore law that facilitates the transfer of employment from one employer to another while maintaining continuity of service and protecting employee rights. The agreement ensures compliance with Singapore's Employment Act, CPF requirements, and other relevant legislation while documenting the terms and conditions of the transfer, including preservation of employment benefits, recognition of past service, and treatment of existing contractual obligations.

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What is a Employment Transfer Agreement?

An Employment Transfer Agreement is essential in Singapore when employees are being transferred between employers, typically during corporate restructuring, mergers, acquisitions, or internal reorganizations. The document ensures compliance with Singapore's employment laws, including the Employment Act and CPF regulations, while protecting both employer and employee interests. It addresses crucial aspects such as continuity of service, transfer of benefits, and outstanding obligations, providing a clear framework for the employment transition process. The agreement is particularly important in Singapore's business environment, where employee rights and statutory benefits must be carefully preserved during such transfers.

What sections should be included in a Employment Transfer Agreement?

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

2. Background: Context of the transfer and business relationship between employers

3. Definitions: Key terms used tHRoughout the agreement

4. Effective Date of Transfer: Specifies when the transfer takes effect

5. Terms of Employment: Confirmation of continuing employment terms and conditions

6. Continuity of Service: Recognition of previous service period

7. Transfer of Benefits: Details of benefits transfer and treatment

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

1. Foreign Employee Provisions: Required when transfer involves foreign workers holding work passes

2. Union Recognition: Recognition of existing collective agreements for unionized employees

3. Non-compete Provisions: Transfer of restrictive covenants from existing employment agreement

4. Intellectual Property Rights: Transfer of IP obligations and rights for roles involving IP creation or management

What schedules should be included in a Employment Transfer Agreement?

1. Schedule 1: List of Transferring Employees: Details of all employees being transferred including their current positions and terms

2. Schedule 2: Current Employment Terms: Summary of existing employment terms, benefits, and conditions being transferred

3. Schedule 3: Outstanding Obligations: List of accrued but unused leave, pending bonuses, and other outstanding benefits

4. Appendix A: Employee Consent Forms: Template or copies of signed acknowledgments from transferring employees

5. Appendix B: Work Pass Details: Details of work passes and permits for foreign employees being transferred

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 (Cap. 91): Primary legislation governing employment in Singapore that covers basic terms and conditions of employment, employee rights and benefits, working hours and leave entitlements

Employment of Foreign Manpower Act: Regulates employment of foreign workers in Singapore, including work pass requirements and conditions for employment transfers involving foreign employees

Central Provident Fund Act: Governs mandatory social security savings scheme including CPF contributions, obligations and transfer of employer responsibilities during employment transfers

Personal Data Protection Act 2012: Regulates the collection, use, and disclosure of personal data, including requirements for employee data protection and consent during transfer

Companies Act: Contains provisions relating to corporate restructuring and transfer of business operations in Singapore

MOM Guidelines: Ministry of Manpower guidelines on transfer of employment and fair employment practices in Singapore

Tripartite Guidelines on Fair Employment Practices: Guidelines ensuring non-discrimination and fair treatment of employees during employment transfers

Income Tax Act: Covers tax implications of employment transfers and employer's tax obligations in Singapore

Industrial Relations Act: Governs labor-management relations, particularly relevant for transfers involving unionized employees and collective agreements

Competition Act: Regulates business competition aspects, particularly relevant if the transfer involves business restructuring or could impact market competition

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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