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Separation Mutual Agreement Template for Philippines

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Key Requirements PROMPT example:

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."

Document background
The Separation Mutual Agreement is a critical document used in the Philippines when an employer and employee mutually decide to end their employment relationship on agreed terms. This document is particularly relevant in scenarios of amicable separations, corporate restructuring, or when both parties wish to formalize separation terms beyond standard resignation or termination procedures. The agreement must comply with Philippine Labor Code requirements and DOLE regulations, ensuring all mandatory benefits and rights are properly addressed. It serves as a comprehensive record of the separation terms, including financial settlements, confidentiality obligations, and release of claims. The document's importance lies in its ability to prevent future disputes by clearly documenting all aspects of the separation while ensuring compliance with local employment laws. When properly executed, this Separation Mutual Agreement provides legal protection for both parties and creates a clear framework for the employment relationship's conclusion.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions






























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Relevant Industries

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

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Payroll

Finance

Executive Leadership

Administrative Services

Corporate Secretariat

Risk Management

Relevant Roles

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

Industries







Teams

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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