The Employee Waiver And Release Form is a crucial document in Hong Kong employment law, typically used during employee separations, redundancies, or settlement of workplace disputes. It provides legal protection for employers while ensuring fair compensation for employees who agree to waive certain rights. The document must be carefully drafted to comply with Hong Kong's Employment Ordinance, anti-discrimination laws, and other relevant legislation. It typically includes detailed sections on the rights being waived, consideration provided, excluded claims, and acknowledgments of voluntary execution. This form is particularly important in scenarios involving senior executives, sensitive departures, or potential disputes, and must be tailored to address specific circumstances while maintaining enforceability under Hong Kong law.
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1. Parties: Identifies the employer and employee with their full legal names and addresses
2. Background: Explains the context and circumstances leading to the waiver and release
3. Definitions: Defines key terms used throughout the document, including 'Claims', 'Released Parties', and any other relevant terms
4. Consideration: Clearly states what the employee is receiving in exchange for the waiver and release
5. Scope of Release: Detailed description of the claims, rights, and causes of action being waived and released
6. Excluded Claims: Specifies any claims or rights that cannot be waived under Hong Kong law
7. Employee Acknowledgments: Employee's confirmation of understanding, voluntary nature, and opportunity to seek legal counsel
8. Non-Admission: Statement that the agreement does not constitute admission of liability by either party
9. Governing Law: Specifies Hong Kong law as governing law and jurisdiction
10. Entire Agreement: Confirms this document represents the complete agreement between parties
11. Execution: Signature blocks and date of execution
1. Confidentiality: Terms regarding confidentiality of the agreement and its terms, used when confidentiality is required
2. Non-Disparagement: Mutual or one-way obligations not to make negative statements, included when reputation protection is important
3. Return of Company Property: Requirements for returning company assets, used when employee possesses company property
4. Ongoing Obligations: Reference to continuing obligations such as confidentiality or IP rights, used when post-employment obligations exist
5. Tax Implications: Clarification of tax treatment of any payments, used when significant payments are involved
6. Revocation Period: Provides a period during which the employee can revoke the agreement, used for older employees or special circumstances
7. Future Cooperation: Terms regarding employee's assistance in future matters, used when ongoing cooperation might be needed
8. Reference: Terms regarding future employment references, used when agreed as part of the settlement
1. Schedule 1 - Payment Details: Itemized list of all payments or benefits to be provided as consideration
2. Schedule 2 - Specific Claims: Detailed list of specific claims or disputes being settled
3. Schedule 3 - Company Property: Inventory of company property to be returned
4. Appendix A - Acknowledgment Form: Separate acknowledgment form confirming voluntary execution of the waiver
5. Appendix B - Legal Rights Notice: Summary of legal rights being waived and those that cannot be waived under Hong Kong law
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