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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."
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
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
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
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
Human Resources
Legal
Finance
Operations
Administration
Compliance
Employee Relations
Payroll
Risk Management
Corporate Communications
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
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