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Laid Off Separation Agreement Template for Philippines

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Key Requirements PROMPT example:

Laid Off Separation Agreement

"I need a Laid Off Separation Agreement for our Manila tech startup's restructuring, where we're laying off 15 software developers due to automation, with separation dates effective March 1, 2025, including standard non-compete clauses and provisions for unused vacation pay."

Document background
The Laid Off Separation Agreement is a crucial document used in the Philippine employment context when terminating employment relationships due to authorized causes such as redundancy, retrenchment, or organizational restructuring. It must comply with the Labor Code of the Philippines, particularly Article 298 (formerly Article 283), and various DOLE regulations governing employment termination. This document serves multiple purposes: it formalizes the separation terms, documents the payment of statutory benefits, provides legal protection for both parties, and ensures proper documentation for regulatory compliance. The agreement typically becomes necessary during company restructuring, economic downturns, or organizational changes that result in position redundancies. It includes mandatory provisions required by Philippine law, such as separation pay calculations, final benefit computations, and statutory declarations, while also addressing practical aspects like the return of company property and post-employment obligations.
Suggested Sections

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

2. Background: Context of the employment relationship, including start date, position, and reason for separation

3. Definitions: Key terms used throughout the agreement, including statutory terms from Philippine Labor Code

4. Separation Date: Clear statement of the effective date of employment termination

5. Separation Pay and Benefits: Detailed breakdown of statutory and additional separation benefits, including calculation method

6. Final Pay Computation: Itemization of final salary, unused leave, pro-rated 13th month pay, and other statutory payments

7. Payment Terms: Timeline and method of payment for all separation benefits

8. Tax Treatment: Statement on tax handling of separation payments as per Philippine tax laws

9. Company Property: Requirements for return of company assets and intellectual property

10. Confidentiality Obligations: Ongoing confidentiality requirements post-employment

11. Release and Waiver: Mutual release of claims subject to Philippine labor law limitations

12. Government Benefits: Handling of SSS, PhilHealth, and Pag-IBIG benefits

13. Reference and Communications: Agreement on employment references and announcement of separation

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

15. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Competition: Restrictions on future employment, if applicable and reasonable under Philippine law

2. Non-Solicitation: Restrictions on soliciting employees or customers, if applicable

3. Outplacement Services: Details of any career transition support provided

4. Medical Benefits Extension: Any continuation of medical benefits beyond separation

5. Stock Options/Equity: Treatment of any outstanding equity compensation

6. Performance Bonus Pro-ration: Handling of current year bonus payments

7. Reinstatement Rights: Any provisions for priority rehiring if positions become available

8. Training Bond Requirements: Handling of any outstanding training bond obligations

Suggested Schedules

1. Schedule A - Separation Pay Calculation: Detailed computation of separation pay including service years, basic pay, and statutory multipliers

2. Schedule B - Final Pay Computation: Detailed breakdown of all final payments including pro-rated benefits

3. Schedule C - Company Property Checklist: List of company assets to be returned

4. Schedule D - Employee Benefits Summary: Summary of benefits status and post-employment continuation details

5. Appendix 1 - Statutory Declaration: Employee acknowledgment of receiving all statutory benefits

6. Appendix 2 - Quitclaim: Standard DOLE-compliant quitclaim format

7. Appendix 3 - Certificate of Employment: Pro-forma Certificate of Employment to be issued

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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