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Mutual Agreement To Terminate Employment
"I need a Mutual Agreement to Terminate Employment for a mid-level software developer who has agreed to leave amicably, with the termination date set for March 15, 2025, including standard confidentiality provisions and a calculation of final payments including unused annual leave."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief description of the employment relationship, original employment date, and mutual decision to terminate
3. Definitions: Key terms used in the agreement including 'Termination Date', 'Final Payment', etc.
4. Termination of Employment: Formal statement of mutual agreement to terminate and the effective date
5. Final Payment and Benefits: Details of all payments including salary, unused leave, bonuses, and statutory entitlements
6. Return of Company Property: Requirements for returning all company assets, documents, and equipment
7. Confidentiality Obligations: Ongoing obligations regarding confidential information
8. Full and Final Settlement: Mutual release of claims and waiver of rights
9. Tax Implications: Statement regarding tax treatment of payments and responsibilities
10. Governing Law: Specification of Hong Kong law as governing law
11. Execution: Signature blocks and execution requirements
1. Post-Termination Restrictions: Non-compete and non-solicitation clauses, if applicable to the employee's role
2. References: Agreement on the nature and content of future employment references
3. Garden Leave: Provisions for any garden leave period before final termination
4. Assistance with Handover: Requirements for knowledge transfer and handover of duties
5. Stock Options/Share Awards: Treatment of any outstanding equity compensation
6. Legal Representation: Acknowledgment that parties had opportunity to seek independent legal advice
7. Announcement: Agreement on how the departure will be communicated internally and externally
8. Surviving Family Benefits: Continuation of any benefits to family members if applicable
1. Schedule 1 - Calculation of Final Payment: Detailed breakdown of all payment components including salary, leave, bonuses, and statutory payments
2. Schedule 2 - Company Property Checklist: Itemized list of company property to be returned
3. Schedule 3 - Ongoing Benefits: Details of any benefits continuing post-termination
4. Appendix A - Certificate of Service: Standard certificate confirming employment period and position
5. Appendix B - Reference Letter: Agreed form of reference letter if applicable
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