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Severance Pay Agreement
"I need a Severance Pay Agreement under Philippine law for a senior technology executive being terminated due to company restructuring, with provision for stock options and extended health benefits until March 2025."
1. Parties: Identification of the employer and employee, including complete legal names and addresses
2. Background: Brief context of the employment relationship, including start date, position, and reason for separation
3. Definitions: Key terms used in the agreement, including 'Effective Date', 'Separation Date', 'Severance Pay', and other relevant terms
4. Severance Payment: Detailed description of the severance amount, calculation method, and payment schedule
5. Tax Treatment: Clarification of tax obligations and withholding requirements per Philippine tax laws
6. Release and Waiver: Employee's release of claims against the employer upon receipt of severance pay
7. Confidentiality: Obligations regarding non-disclosure of agreement terms and company information
8. Return of Company Property: Requirements for returning company assets and documents
9. Final Settlement: Confirmation that the severance payment represents full and final settlement
10. Governing Law: Specification that the agreement is governed by Philippine law
11. Entire Agreement: Statement that this document represents the complete agreement between parties
12. Execution: Signature blocks and execution requirements
1. Non-Compete Provisions: Restrictions on future employment, if applicable and reasonable under Philippine law
2. Continuing Benefits: Any extension of health insurance or other benefits beyond separation date
3. Reference Letter: Terms regarding the provision of employment references
4. Outplacement Services: Details of any career transition support provided
5. Stock Options/Equity: Treatment of any outstanding equity compensation
6. Prorated Bonuses: Calculation and payment of any pro-rated bonuses or incentives
7. Legal Consultation: Provision for employee's right to seek legal counsel before signing
8. Dispute Resolution: Alternative dispute resolution procedures if parties prefer to avoid court litigation
1. Schedule A - Severance Calculation: Detailed breakdown of severance pay calculation including base salary, years of service, and any multipliers
2. Schedule B - Payment Schedule: If payment is to be made in installments, detailed payment dates and amounts
3. Schedule C - Benefits Summary: List of any continuing benefits and their duration
4. Schedule D - Company Property Checklist: Itemized list of company property to be returned
5. Appendix 1 - Acknowledgment of Rights: Employee's acknowledgment of rights under Philippine labor laws
6. Appendix 2 - Tax Computation: Detailed breakdown of tax treatment and calculations
Authors
Manufacturing
Technology
Financial Services
Retail
Healthcare
Professional Services
Education
Construction
Telecommunications
Business Process Outsourcing
Mining
Energy
Agriculture
Transportation
Real Estate
Human Resources
Legal
Finance
Executive Management
Operations
Administration
Compliance
Corporate Governance
Employee Relations
Compensation and Benefits
Chief Executive Officer
Chief Human Resources Officer
HR Manager
Legal Counsel
Department Director
Senior Manager
Operations Manager
Finance Manager
Project Manager
Senior Executive
Regional Manager
Branch Manager
Account Manager
Technical Lead
Administrative Head
Program Director
Division Chief
Supervisor
Team Leader
Department Head
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