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Employment Compromise Agreement
"I need a Hong Kong Employment Compromise Agreement for a senior executive's departure, including enhanced severance package and global non-compete provisions, with a planned termination date of March 15, 2025."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief description of the employment relationship, circumstances leading to the agreement, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination Date: Specification of the official employment termination date and final working day if different
5. Settlement Payments: Details of all payments to be made, including salary, notice pay, statutory severance, ex-gratia payments, and timing of payments
6. Tax Implications: Statement on tax treatment of payments and responsibilities
7. Employee Claims: Full list of claims being settled and waived by the employee
8. Company Property: Requirements for return of company property and confidential information
9. Confidentiality: Obligations regarding confidentiality of the agreement and company information
10. Post-Termination Restrictions: Confirmation of which existing restrictive covenants remain in force
11. Reference: Terms regarding the provision of employment references
12. Legal Advice: Confirmation that the employee has received independent legal advice
13. Entire Agreement: Clause confirming this agreement supersedes all previous agreements regarding the subject matter
14. Governing Law: Specification that Hong Kong law governs the agreement
1. Garden Leave: Include when the employee is placed on garden leave during notice period
2. Continuing Obligations: Include when specific ongoing duties need to be performed after termination
3. Assistance with Proceedings: Include when employee's assistance may be needed for ongoing or future legal proceedings
4. Share Options/Awards: Include when employee has outstanding share options or awards
5. Outplacement Support: Include when providing career transition services
6. Insurance Benefits: Include when extending or terminating insurance coverage
7. Joint Announcement: Include when parties agree to coordinate on public announcements
8. Non-Disparagement: Include when mutual non-disparagement obligations are required
9. MPF Arrangements: Include when specific arrangements for MPF need to be detailed
10. Medical Benefits: Include when post-termination medical benefits are provided
1. Schedule 1 - Payment Breakdown: Detailed breakdown of all settlement payments and benefits
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Post-Termination Restrictions: Full text of continuing post-termination restrictions
4. Schedule 4 - Agreed Reference: Format and content of agreed employment reference
5. Schedule 5 - Claims List: Comprehensive list of statutory and contractual claims being settled
6. Appendix A - Legal Advisor's Certificate: Certificate from independent legal advisor confirming advice given
7. Appendix B - Resignation Letter: Template or copy of formal resignation letter
Authors
Financial Services
Technology
Professional Services
Manufacturing
Retail
Healthcare
Education
Real Estate
Construction
Telecommunications
Legal Services
Consulting
Banking
Insurance
Media and Entertainment
Hospitality
Human Resources
Legal
Finance
Compliance
Executive Management
Corporate Secretariat
Payroll
Employee Relations
Risk Management
Internal Audit
Chief Executive Officer
Chief Financial Officer
Managing Director
Executive Director
Senior Manager
Department Head
Regional Manager
Vice President
Senior Vice President
General Manager
Operations Manager
Sales Director
Human Resources Director
Legal Counsel
Financial Controller
Technical Director
Project Manager
Account Manager
Business Development Manager
Marketing Director
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