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Contract Separation Agreement Template for Philippines

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Key Requirements PROMPT example:

Contract Separation Agreement

"I need a Contract Separation Agreement for our Senior VP of Sales who will be leaving on March 15, 2025, with specific provisions for stock option vesting, a 12-month non-compete clause, and continuation of health benefits for 6 months."

Document background
The Contract Separation Agreement is a crucial document used in the Philippines when formalizing the end of an employment relationship, whether through mutual agreement, resignation, or termination. This document is essential for protecting both employer and employee interests by clearly defining separation terms, financial settlements, and ongoing obligations. It must comply with Philippine labor laws, including the Labor Code and various Department of Labor and Employment (DOLE) regulations, particularly regarding mandatory benefits, notice periods, and procedural requirements. The agreement typically includes provisions for separation pay, final settlements, confidentiality clauses, and release of claims, while also addressing specific industry requirements and position-related considerations. It serves as a comprehensive record of the separation terms and helps prevent future disputes by clearly documenting all aspects of the employment termination.
Suggested Sections

1. Parties: Identification of the employer and employee, including their complete legal names and addresses

2. Background: Brief history of employment relationship, reason for separation, and context of the agreement

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Effective Date of Separation: Clear statement of the employment termination date and last working day

5. Separation Terms: Core terms of separation including basis of separation (mutual agreement, redundancy, etc.)

6. Financial Settlement: Detailed breakdown of all payments including statutory benefits, separation pay, and other compensation

7. Tax Provisions: Treatment of tax obligations for separation payments and benefits

8. Release and Waiver: Mutual release of claims and liabilities between parties

9. Return of Company Property: Requirements and timeline for returning company assets and documents

10. Confidentiality Obligations: Ongoing duties regarding confidential information post-separation

11. Final Settlement: Confirmation that the agreement represents full and final settlement of all claims

12. Governing Law: Specification of Philippine law as governing law and relevant jurisdiction

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Compete Clause: Restrictions on future employment - only for senior positions where legally enforceable

2. Non-Solicitation: Restrictions on soliciting employees/clients - typically for management positions

3. Post-Employment Benefits: Any continuing benefits like health insurance or club memberships

4. Intellectual Property Rights: Special provisions for employees involved in IP creation

5. Reference and Announcement: Agreement on how departure will be communicated and reference provisions

6. Assistance in Transition: Terms for handover of duties and transition support if required

7. Stock Options/Share Rights: Treatment of any equity-based compensation

8. Legal Fee Reimbursement: Provisions for covering employee's legal costs in reviewing agreement

Suggested Schedules

1. Schedule A - Calculation of Separation Benefits: Detailed computation of all separation payments including statutory and contractual benefits

2. Schedule B - Company Property Checklist: List of all company property to be returned

3. Schedule C - Outstanding Benefits: List of accrued benefits like unused vacation leave, pro-rated 13th month pay

4. Schedule D - Post-Employment Obligations: Detailed list of continuing obligations after separation

5. Appendix 1 - Resignation Letter: Copy of formal resignation letter if separation is voluntary

6. Appendix 2 - Certificate of Employment: Draft or final version of employment certificate

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

Relevant legal definitions








































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Relevant Industries

Banking and Finance

Information Technology

Manufacturing

Business Process Outsourcing

Retail

Healthcare

Education

Construction

Telecommunications

Professional Services

Energy and Utilities

Mining and Natural Resources

Transportation and Logistics

Real Estate

Agriculture

Relevant Teams

Human Resources

Legal

Finance

Operations

Administration

Compliance

Employee Relations

Payroll

Risk Management

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Department Manager

Senior Executive

Project Manager

Software Developer

Sales Representative

Administrative Assistant

Human Resources Manager

Operations Manager

Financial Analyst

Marketing Director

Technical Lead

Customer Service Representative

Research Scientist

Production Supervisor

Account Manager

Legal Counsel

Business Development Manager

Quality Assurance Specialist

Industries








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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