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Separation And Release Agreement
"I need a Hong Kong Separation and Release Agreement for a departing Chief Technology Officer who holds significant share options and will be subject to a 12-month non-compete restriction, with provisions for ongoing consultancy services during the transition period."
1. Parties: Identification of the employer and employee
2. Background: Brief recital of employment history and context of separation
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination Date: Specification of the employment end date and final working day arrangements
5. Separation Payments: Details of all payments including statutory entitlements, ex-gratia payments, and payment timing
6. Tax and MPF: Treatment of tax and MPF contributions on separation payments
7. Company Property: Requirements for return of company property and documents
8. Confidentiality: Ongoing obligations regarding confidential information
9. Release of Claims: Mutual release of claims between parties
10. Continuing Obligations: Surviving terms from employment contract
11. Non-Disparagement: Mutual obligations not to make negative statements
12. Cooperation: Employee's agreement to assist with transition and future inquiries
13. Entire Agreement: Integration clause confirming complete agreement
14. Governing Law: Hong Kong law as governing law and jurisdiction
15. Execution: Signature blocks and execution requirements
1. Garden Leave: Used when employee is placed on paid leave during notice period
2. Equity/Share Options: Include when dealing with existing share options or equity arrangements
3. Non-Compete/Non-Solicit: When post-termination restrictions are required
4. Reference: Terms regarding future employment references
5. Announcement: Agreement on internal/external communication about departure
6. Legal Costs: When employer agrees to contribute to employee's legal costs
7. Outplacement Support: When career transition services are provided
8. Medical Benefits: When post-termination medical coverage is provided
9. International Provisions: For employees with multi-jurisdictional employment aspects
1. Schedule of Payments: Detailed breakdown of all separation payments and benefits
2. Company Property List: Itemized list of company property to be returned
3. Continuing Obligations: Extract of relevant clauses from employment contract that survive
4. Release Details: Specific claims being released and exceptions
5. Certificate of Independent Legal Advice: Confirmation of legal advice received by employee
6. Resignation Letter: Form of resignation letter to be signed
7. Director Resignations: Required forms for resignation from director positions if applicable
Authors
Financial Services
Technology
Manufacturing
Professional Services
Retail
Healthcare
Education
Real Estate
Construction
Telecommunications
Media and Entertainment
Hospitality
Banking
Insurance
Logistics and Transportation
Consumer Goods
Energy and Utilities
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Business Development
Administration
Research and Development
Customer Service
Product Development
Corporate Affairs
Risk Management
Compliance
Chief Executive Officer
Chief Financial Officer
Managing Director
Senior Manager
Department Head
Director
Vice President
Regional Manager
General Manager
Sales Manager
Account Executive
Project Manager
Software Engineer
Financial Analyst
Operations Manager
Human Resources Manager
Legal Counsel
Marketing Manager
Business Development Manager
Administrative Officer
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