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Employee Mutual Separation Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Employee Mutual Separation Agreement is a crucial document used in Hong Kong when an employer and employee agree to end their employment relationship by mutual consent. It provides a formal framework for documenting the separation terms while ensuring compliance with Hong Kong employment laws, particularly the Employment Ordinance (Cap. 57). This agreement is typically used when parties wish to terminate employment on agreed terms that may differ from or exceed statutory minimums, often in situations involving senior executives, redundancies, or corporate restructuring. The document covers essential elements such as termination date, final payments, benefits, confidentiality, and mutual releases, while also addressing specific requirements under Hong Kong law regarding MPF contributions, tax treatment, and statutory entitlements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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