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Employee Mutual Separation Agreement
"I need an Employee Mutual Separation Agreement for a Hong Kong-based senior executive who will be leaving with a complex package including share options and extended benefits, with separation planned for March 2025 and 6-month post-termination restrictions."
1. Parties: Identification of the employer and employee, including their full legal names and addresses
2. Background: Brief context of the employment relationship, including start date and current position
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date when employment relationship will end
5. Final Payments: Details of salary, unused leave, and statutory entitlements up to the termination date
6. Separation Payment: Amount and terms of any ex-gratia or additional payments being offered
7. Tax and MPF: Treatment of tax obligations and MPF contributions
8. Company Property: Requirements for return of company property and documents
9. Confidentiality: Ongoing obligations regarding confidential information
10. Full and Final Settlement: Mutual release of claims and waiver of rights
11. Reference: Terms regarding provision of employment references
12. Governing Law: Specification of Hong Kong law as governing law
13. Entire Agreement: Clause confirming this agreement supersedes all previous agreements regarding the separation
1. Garden Leave: Include when employee will be paid but not required to work during notice period
2. Post-termination Restrictions: Include when enforcing existing or new non-compete and non-solicitation obligations
3. Ongoing Cooperation: Include when employee's assistance may be needed for transition or future matters
4. Medical Benefits Extension: Include when offering continued medical coverage post-termination
5. Share Options/Awards: Include when addressing treatment of existing equity compensation
6. Legal Fees: Include when employer is contributing to employee's legal fees for reviewing the agreement
7. Announcements: Include when specifying terms for internal/external communication about the separation
8. Outplacement Support: Include when providing career transition services
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including statutory and ex-gratia amounts
2. Schedule 2 - Company Property: List of company property to be returned
3. Schedule 3 - Existing Restrictions: Copy of post-termination restrictions from employment contract
4. Schedule 4 - Benefits Summary: Details of any continuing benefits and their duration
5. Appendix A - Release Form: Form confirming receipt of payments and return of company property
6. Appendix B - Reference Letter: Template or agreed form of reference letter
Authors
Financial Services
Technology
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Education
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Telecommunications
Media & Entertainment
Hospitality
Transportation & Logistics
Energy & Utilities
Consumer Goods
Human Resources
Legal
Finance
Operations
Executive Management
Administration
Compliance
Corporate Secretarial
Risk Management
Internal Audit
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Managing Director
Senior Manager
Department Head
Regional Director
Vice President
Senior Executive
Manager
Supervisor
Professional Staff
Administrative Staff
Technical Specialist
Sales Executive
Operations Manager
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