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Compromise Agreement Redundancy
"I need a Compromise Agreement Redundancy for our Manila-based tech company's restructuring, where we're making 5 senior developer positions redundant effective March 1, 2025, with enhanced separation packages including extended health benefits."
1. Parties: Identification of the employer and employee, including their complete legal names and addresses
2. Background: Context of the redundancy situation, including the business reasons for redundancy and confirmation that proper procedures were followed
3. Definitions: Key terms used throughout the agreement, including 'Termination Date', 'Separation Package', and other relevant terms
4. Redundancy and Termination: Formal confirmation of the redundancy situation and the termination of employment, specifying the effective date
5. Separation Package: Details of the total financial package, including statutory redundancy pay, additional ex-gratia payments, and other benefits
6. Payment Terms: Timing and method of payment of the separation package and other benefits
7. Employee Benefits: Treatment of existing benefits, including pro-rated 13th month pay, unused leave, and other accrued benefits
8. Company Property: Requirements for return of company property and handling of confidential information
9. Release and Waiver: Mutual release of claims and waiver of rights, ensuring compliance with Philippine labor laws
10. Tax and Social Security: Treatment of tax and social security contributions on payments
11. Confidentiality: Obligations regarding confidentiality of the agreement and company information
12. Governing Law: Confirmation that the agreement is governed by Philippine law
13. Execution: Signature blocks and execution requirements
1. Post-Employment Restrictions: Non-compete and non-solicitation clauses, if applicable and reasonable under Philippine law
2. Reference: Agreement on the form and content of employment references
3. Legal Consultation: Confirmation that the employee has received independent legal advice, if provided
4. Outplacement Support: Details of any career transition or outplacement services offered
5. Medical Benefits Extension: Continuation of medical benefits post-employment, if offered
6. Share Options/Awards: Treatment of any existing share options or equity awards
7. Re-employment Possibility: Terms regarding potential future re-employment with the company
8. Internal/External Communications: Agreed approach to announcing the employee's departure
1. Schedule 1 - Calculation of Separation Package: Detailed breakdown of all payments including statutory redundancy pay, ex-gratia payments, and other benefits
2. Schedule 2 - Outstanding Benefits Calculation: Breakdown of pro-rated 13th month pay, unused leave, and other accrued benefits
3. Schedule 3 - Company Property Checklist: List of company property to be returned
4. Schedule 4 - Tax Computation: Detailed calculation of tax treatment of various payment components
5. Appendix A - Resignation Letter: Standard form resignation letter to be signed by employee
6. Appendix B - Certificate of Service: Draft certificate of employment to be provided to employee
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