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Separation Mutual Agreement
"I need a Separation Mutual Agreement for a senior IT executive in Manila who will be leaving due to corporate restructuring, effective March 15, 2025, including provisions for extended health benefits and protection of software development intellectual property."
1. Parties: Identification of the employer and employee, including their complete legal names, addresses, and roles
2. Background: Brief history of employment relationship, including start date, position, and mutual decision to separate
3. Definitions: Key terms used throughout the agreement, including 'Effective Date', 'Separation Package', and other relevant terms
4. Effective Date of Separation: Clear statement of the employee's last working day and when the separation takes effect
5. Separation Benefits: Detailed breakdown of all separation payments and benefits as required by Philippine Labor Code
6. Final Pay Computation: Calculation and timing of final salary, pro-rated 13th month pay, unused leave credits, and other monetary benefits
7. Release and Waiver: Mutual release of claims and liabilities, subject to compliance with DOLE requirements for valid quitclaims
8. Return of Company Property: List of company properties to be returned and deadline for return
9. Confidentiality: Ongoing obligations regarding confidential information and trade secrets
10. Tax Provisions: Treatment of tax obligations related to separation payments
11. Governing Law: Specification that the agreement is governed by Philippine law
12. 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 career transition or outplacement support offered
4. Medical Benefits Extension: Any continued medical coverage terms, if offered beyond separation
5. Reference Letter: Terms regarding the provision of employment references
6. Intellectual Property Rights: Specific provisions regarding IP created during employment
7. Surviving Obligations: Specific obligations that continue post-employment
8. Dispute Resolution: Alternative dispute resolution procedures, if agreed upon
1. Schedule A - Separation Payment Calculation: Detailed computation of separation pay, benefits, and other monetary entitlements
2. Schedule B - Company Property Checklist: Itemized list of company properties to be returned
3. Schedule C - Employee Benefits Statement: Statement of all benefits and their treatment post-separation
4. Schedule D - Confidential Information: Specific list of confidential information and trade secrets
5. Appendix 1 - Clearance Form: Standard company clearance form to be completed
6. Appendix 2 - Certificate of Employment: Draft of the certificate of employment to be issued
Authors
Banking and Finance
Information Technology
Manufacturing
Retail
Professional Services
Healthcare
Education
Construction
Telecommunications
Business Process Outsourcing
Mining and Natural Resources
Transportation and Logistics
Real Estate
Hospitality and Tourism
Human Resources
Legal
Compliance
Employee Relations
Payroll
Finance
Executive Leadership
Administrative Services
Corporate Secretariat
Risk Management
Human Resources Director
Legal Counsel
HR Manager
Compliance Officer
Employee Relations Manager
HR Business Partner
Legal Manager
Corporate Secretary
HR Operations Manager
Benefits Administrator
Payroll Manager
Labor Relations Specialist
HR Generalist
Department Head
Line Manager
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