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Affidavit Of Separation From Employment for Philippines

Affidavit Of Separation From Employment Template for Philippines

An Affidavit of Separation from Employment is a legally binding sworn statement used in the Philippines to formally document the termination of an employment relationship. This document, governed by Philippine labor laws and regulations, serves as official proof of employment separation and typically includes details about the employment period, position held, reason for separation, and confirmation of final settlements. The affidavit must be executed before a notary public to be legally valid and commonly includes declarations about the return of company property, settlement of obligations, and receipt of final compensation and benefits in accordance with Philippine labor regulations.

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Affidavit Of Separation From Employment

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What is a Affidavit Of Separation From Employment?

The Affidavit of Separation from Employment is a crucial document in Philippine employment law that provides legal protection for both employers and employees when an employment relationship ends. This sworn statement, required under Philippine labor regulations, serves multiple purposes: it confirms the termination of employment, acknowledges receipt of final payments and benefits, declares the return of company property, and can help prevent future disputes. The document is particularly important as it creates a clear record of the separation terms and can be used for various purposes including visa applications, future employment, or legal proceedings if necessary. The affidavit must comply with specific requirements under Philippine law, including proper notarization, and may be required by government agencies, future employers, or other institutions as proof of proper employment separation.

What sections should be included in a Affidavit Of Separation From Employment?

1. Title and Venue: Formal title of the affidavit and jurisdiction where it is being executed

2. Affiant Information: Complete legal name, age, nationality, and address of the person making the sworn statement

3. Employment Details: Information about the employment relationship including employer name, position held, employment duration, and last day of work

4. Separation Information: Details about the nature and circumstances of the employment separation

5. Financial Settlement: Statement regarding the receipt of final pay, benefits, and other compensation

6. Company Property: Declaration regarding the return of all company property and materials

7. Non-Pending Obligations: Statement that there are no pending obligations or claims between the parties

8. Verification and Certification of Truthfulness: Standard attestation that all statements are true and correct

9. Notarial Portion: Space for notary public's details, signatures, and seal

What sections are optional to include in a Affidavit Of Separation From Employment?

1. Clearance Details: Section detailing departmental clearances obtained, used when company policy requires formal clearance process

2. Non-Compete Declaration: Statement regarding post-employment competition restrictions, included if required by employment contract

3. Confidentiality Acknowledgment: Reaffirmation of confidentiality obligations, included for sensitive positions

4. Benefits Continuation: Information about post-employment benefits, included for retirement or specific separation packages

5. Reason for Resignation: Detailed explanation of resignation reasons, included in voluntary separation cases

6. Release and Waiver: Mutual release of claims, included when separation package is provided

What schedules should be included in a Affidavit Of Separation From Employment?

1. Certificate of Employment: Official document from employer confirming employment details and duration

2. Final Pay Computation: Detailed breakdown of final salary, benefits, and other compensations

3. Clearance Certificates: Copies of departmental and company clearance documents

4. Resignation Letter: Copy of formal resignation letter (if applicable)

5. Company ID and Property List: List of company properties returned with acknowledgment receipts

Authors

Alex Denne

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

Jurisdiction

Philippines

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions


















Clauses


















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Banking and Finance

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Human Resources

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Relevant Roles

Human Resources Manager

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