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Employee Exit Agreement
"I need an Employee Exit Agreement for a senior software developer in our Manila office who is resigning to join a competitor, effective March 15, 2025, with strict non-compete and IP protection provisions, including handling of ongoing project documentation and client relationships."
1. Parties: Identifies the employer and employee entering into the exit agreement
2. Background: Outlines the employment history and circumstances leading to the separation
3. Definitions: Defines key terms used throughout the agreement
4. Effective Date of Separation: Specifies the official last day of employment
5. Final Pay Computation: Details the calculation and components of final pay including salary, pro-rated benefits, and statutory payments
6. Separation Benefits: Outlines any additional separation or severance benefits beyond statutory requirements
7. Company Property: Lists company assets to be returned and process for return
8. Confidentiality Obligations: Specifies ongoing confidentiality requirements post-employment
9. Release and Waiver: Mutual release of claims between parties
10. Tax Provisions: Addresses tax treatment of separation payments
11. Governing Law: Confirms Philippine law as governing law and jurisdiction
12. Execution: Signature blocks and execution requirements
1. Non-Compete Clause: Include when restricting employee's future employment activities (subject to Philippine law limitations)
2. Non-Solicitation: Include when protecting against solicitation of employees or customers
3. Retirement Benefits: Include for retirement-based separations
4. Continuation of Medical Benefits: Include when offering extended medical coverage
5. Stock Options/Share Rights: Include when employee has outstanding equity compensation
6. Reference Letter: Include when agreement includes provisions for providing references
7. Transition Duties: Include when employee will assist in knowledge transfer or transition
8. Dispute Resolution: Include when specific arbitration or mediation procedures are desired
9. Reinstatement Rights: Include when providing potential future re-employment rights
1. Schedule A - Final Pay Calculation: Detailed breakdown of final pay components including basic salary, pro-rated benefits, and deductions
2. Schedule B - Company Property Inventory: Itemized list of company property to be returned
3. Schedule C - Outstanding Benefits: List of any outstanding benefits, leaves, or time-off credits
4. Schedule D - Confidential Information: Specific definition and examples of confidential information
5. Schedule E - Separation Benefits: Detailed calculation of separation package and payment schedule
6. Appendix 1 - Clearance Form: Standard company clearance form for departing employees
7. Appendix 2 - Certificate of Employment: Template for certificate of employment to be issued
8. Appendix 3 - Tax Declaration Forms: Required tax forms for separation payments
Authors
Technology
Manufacturing
Financial Services
Retail
Healthcare
Education
Professional Services
Telecommunications
Business Process Outsourcing
Construction
Hospitality
Mining
Agriculture
Transportation
Energy
Human Resources
Legal
Compliance
Employee Relations
Finance
Payroll
Risk Management
Operations
Administration
Corporate Governance
HR Director
HR Manager
Legal Counsel
Compliance Officer
Employee Relations Manager
HR Business Partner
Chief Human Resources Officer
Labor Relations Manager
HR Operations Manager
Compensation and Benefits Manager
HR Administrator
Chief Executive Officer
Chief Operating Officer
Department Head
Line Manager
Risk Management Officer
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