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Mutual Severance Agreement
"I need a Mutual Severance Agreement for a senior technology executive in the Philippines who will be leaving due to corporate restructuring on March 1, 2025, including provisions for IP protection and ongoing consultancy arrangements for 3 months post-termination."
1. Parties: Identification of the employer and employee, including complete legal names and addresses
2. Background: Brief history of employment relationship, reason for separation, and context for the agreement
3. Definitions: Key terms used throughout the agreement, including 'Termination Date', 'Severance Payment', and other relevant definitions
4. Termination of Employment: Formal statement of employment termination, specifying the effective date and nature of separation
5. Severance Payment: Details of the severance package, including amount, calculation basis, payment method and timing
6. Statutory Benefits: List of all mandatory benefits under Philippine law, including pro-rated 13th month pay and unused leave credits
7. Tax Treatment: Clarification of tax implications and responsibilities for all payments under the agreement
8. Release and Waiver: Mutual release of claims and liabilities between parties, subject to Philippine law requirements
9. Return of Company Property: Requirements and timeline for returning company assets, documents, and other properties
10. Confidentiality: Ongoing obligations regarding confidential information and trade secrets
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 requirements and execution formalities
1. Non-Competition: Restrictions on future employment, if applicable and reasonable under Philippine law
2. Post-Employment References: Agreement on how future employment references will be handled
3. Intellectual Property Rights: Confirmation of ownership and transfer of any IP created during employment
4. Continuing Obligations: Any ongoing duties or obligations that survive employment termination
5. Medical Benefits Extension: Any continued medical coverage or benefits beyond termination
6. Cooperation in Transition: Terms for employee assistance in transitioning responsibilities
7. Legal Consultation: Acknowledgment of right to seek independent legal advice
8. Social Media: Guidelines for social media behavior and updates post-employment
1. Schedule A - Severance Calculation: Detailed breakdown of severance payment calculation including base pay, years of service, and other factors
2. Schedule B - Statutory Benefits Computation: Calculation of mandatory benefits under Philippine law
3. Schedule C - Company Property Checklist: List of company assets and properties to be returned
4. Schedule D - Tax Computation: Breakdown of tax implications and calculations for all payments
5. Schedule E - Outstanding Obligations: List of any remaining obligations or adjustments between parties
6. Appendix 1 - Resignation Letter: Copy of formal resignation letter if applicable
7. Appendix 2 - Certificate of Employment: Draft or final version of employment certificate
Authors
Technology
Financial Services
Manufacturing
Retail
Healthcare
Professional Services
Education
Telecommunications
Real Estate
Construction
Mining
Business Process Outsourcing
Energy
Agriculture
Transportation
Human Resources
Legal
Finance
Executive Management
Operations
Administration
Compliance
Corporate Secretariat
Risk Management
Compensation and Benefits
Chief Executive Officer
Chief Financial Officer
Managing Director
Department Head
Senior Manager
Regional Manager
Country Manager
Director of Operations
Sales Executive
Technical Lead
Project Manager
Account Manager
Senior Engineer
Financial Controller
HR Manager
Legal Counsel
Operations Manager
Business Development Manager
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