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Separation Agreement And Release

Separation Agreement And Release Template for Philippines

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Key Requirements PROMPT example:

Separation Agreement And Release

"I need a Separation Agreement and Release for a senior software developer who is voluntarily resigning from our tech company in Manila, with an agreed last working day of March 15, 2025, including provisions for confidentiality and IP protection due to their access to critical company projects."

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Document background
The Separation Agreement and Release is a crucial document used in the Philippines when formally ending an employment relationship, whether through mutual agreement, resignation, or termination. It serves as a comprehensive record of the separation terms while providing legal protection for both employer and employee. The agreement must comply with Philippine Labor Code requirements and DOLE regulations, including proper computation of separation benefits, final pay, and other statutory entitlements. It typically includes detailed provisions on financial settlements, confidentiality obligations, release of claims, and post-employment restrictions where applicable. This document is particularly important in the Philippine context, where employment laws strongly favor worker protection, and proper documentation of separation terms is essential for preventing future disputes.
Suggested Sections

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 of the agreement

3. Definitions: Key terms used throughout the agreement, including 'Effective Date', 'Separation Date', and other relevant terms

4. Separation Terms: Details of employment termination, including last working day and immediate obligations

5. Separation Benefits: Comprehensive breakdown of all financial benefits, including statutory and additional payments

6. Final Pay Computation: Detailed calculation of final pay, including pro-rated 13th month pay, unused leave credits, and other entitlements

7. Tax Treatment: Clarification of tax obligations and treatments of various payment components

8. Release and Waiver: Employee's release of claims against the employer, subject to Philippine law requirements

9. Company Property: Requirements for return of company property and confidential information

10. Confidentiality: Ongoing obligations regarding confidential information and trade secrets

11. Non-disparagement: Mutual agreements regarding non-disparagement

12. References: Agreement on handling of employment references and certificates

13. Governing Law: Specification of Philippine law as governing law and relevant jurisdiction

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-compete: Restrictions on future employment, if applicable and enforceable under Philippine law

2. Post-employment Benefits: Any continuing benefits such as health insurance coverage or retirement benefits

3. Rehire Eligibility: Statement regarding future employment eligibility with the company

4. Cooperation in Transition: Terms for employee's assistance in transitioning responsibilities

5. Stock Options/Equity: Treatment of any outstanding stock options or equity compensation

6. Legal Consultation: Acknowledgment of opportunity to seek legal counsel, recommended for senior employees

7. Collective Bargaining Agreement Compliance: Required for unionized employees to ensure compliance with CBA terms

8. Dispute Resolution: Alternative dispute resolution procedures, if preferred over court proceedings

Suggested Schedules

1. Schedule A - Separation Payment Calculation: Detailed breakdown of all separation payments and calculations

2. Schedule B - Company Property Checklist: List of company property to be returned and confirmation of return

3. Schedule C - Benefits Summary: Summary of benefits and their treatment post-separation

4. Schedule D - Outstanding Obligations: List of any outstanding loans, advances, or other obligations

5. Appendix 1 - Clearance Form: Standard DOLE-compliant clearance form

6. Appendix 2 - Certificate of Employment: Draft certificate of employment

7. Appendix 3 - Quitclaim: Separate quitclaim document if required by company policy

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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