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Simple Separation Agreement
"I need a Simple Separation Agreement for a senior software developer who has resigned to join a competitor, with their last working day being March 15, 2025; the agreement needs to include strong non-compete and confidentiality provisions due to their access to sensitive technical information."
1. Parties: Identification of the employer and employee, including complete legal names and addresses
2. Background: Brief history of employment relationship, including start date, position, and reason for separation
3. Definitions: Key terms used throughout the agreement
4. Effective Date of Separation: Clear statement of the employee's last working day and when the separation takes effect
5. Final Settlement: Details of all financial settlements, including salary, benefits, and separation pay as required by Philippine Labor Code
6. Release and Waiver: Mutual release of claims subject to receipt of payments and benefits
7. Return of Company Property: Requirements for returning company assets, documents, and other properties
8. Confidentiality: Ongoing obligations regarding confidential information and trade secrets
9. Governing Law: Specification that the agreement is governed by Philippine law
10. Execution: Signature blocks and execution requirements
1. Non-Competition: Restrictions on working for competitors, if applicable and reasonable under Philippine law
2. Non-Solicitation: Restrictions on soliciting employees or customers, if applicable
3. Post-Employment Assistance: Terms of any transition support or assistance provided to the employee
4. Certificate of Employment: Agreement to provide employment certification and reference terms
5. Tax Provisions: Special tax considerations or arrangements, if applicable
6. Medical Benefits Extension: Terms for extending medical benefits beyond separation date, if offered
7. Retirement Benefits: Special provisions if the separation is retirement-related
1. Schedule A - Computation of Final Settlement: Detailed breakdown of all payments including basic pay, pro-rated 13th month pay, unused leave, separation pay, and other benefits
2. Schedule B - Company Property Checklist: List of all company property to be returned
3. Schedule C - Benefits Summary: Details of any continuing or terminated benefits
4. Appendix 1 - Clearance Form: Standard company clearance form required by Philippine practice
5. Appendix 2 - Certificate of Employment Template: Format of the certificate of employment to be provided
6. Appendix 3 - Quitclaim: Standard quitclaim form compliant with DOLE requirements
Authors
Manufacturing
Information Technology
Business Process Outsourcing
Financial Services
Retail
Healthcare
Education
Construction
Hospitality
Professional Services
Telecommunications
Transportation and Logistics
Human Resources
Legal
Compliance
Employee Relations
Finance
Compensation and Benefits
Risk Management
Corporate Governance
HR Manager
HR Director
Legal Counsel
Compliance Officer
HR Business Partner
Employee Relations Manager
HR Operations Manager
Legal Manager
Chief Human Resources Officer
Labor Relations Specialist
HR Administrator
Compensation and Benefits Manager
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