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Employment Separation Agreement Template for Philippines

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Key Requirements PROMPT example:

Employment Separation Agreement

"I need an Employment Separation Agreement for a senior IT manager in Manila who is resigning effective March 15, 2025, with provisions for a 6-month non-compete clause and continued health benefits."

Document background
An Employment Separation Agreement is a crucial document used in the Philippines when formally ending an employment relationship, whether through resignation, termination, or mutual agreement. This document serves multiple purposes: it ensures compliance with Philippine labor laws, protects both employer and employee interests, and clearly documents the terms of separation including financial settlements, continuing obligations, and mutual releases. The agreement must align with the Labor Code of the Philippines and related employment regulations, making it essential for proper documentation of employee exits. It typically includes details about final pay, benefits, confidentiality requirements, and release of claims, while also addressing specific requirements under Philippine law such as clearance procedures and statutory declarations. This document becomes particularly important in cases involving senior employees, complex compensation structures, or situations requiring specific post-employment obligations.
Suggested Sections

1. Parties: Identification of the employer and employee, including their complete legal names and addresses

2. Background: Brief history of employment relationship, reason for separation, and context for the agreement

3. Definitions: Key terms used throughout the agreement, including 'Effective Date', 'Separation Date', 'Final Pay', etc.

4. Separation Terms: Details of the employment termination, including the effective date and nature of separation

5. Final Pay Computation: Breakdown of final salary, pro-rated benefits, and other monetary entitlements

6. Separation Benefits: Additional benefits or payments beyond statutory requirements

7. Release and Waiver: Mutual release of claims and liabilities between parties

8. Company Property: Requirements for return of company property and documentation

9. Confidentiality: Ongoing obligations regarding confidential information

10. Tax Provisions: Treatment of tax obligations for separation payments

11. General Provisions: Standard clauses including governing law, entire agreement, and amendment procedures

Optional Sections

1. Non-Competition: Restrictions on future employment, used when employee had access to sensitive information or clients

2. Non-Solicitation: Restrictions on soliciting employees or customers, included for management-level employees

3. Post-Employment Assistance: Terms of any transition support or consulting arrangements

4. Reference and Communication: Agreement on how departure will be communicated and reference provisions

5. Outstanding Stock Options: Treatment of any equity compensation, relevant for employees with stock options

6. Health Insurance Extension: Terms for continued health coverage, if offered beyond statutory requirements

7. Outplacement Services: Details of any career transition support provided

8. Dispute Resolution: Special procedures for resolving disputes, alternative to standard court proceedings

Suggested Schedules

1. Schedule A - Final Pay Calculation: Detailed computation of final pay including basic salary, pro-rated benefits, and deductions

2. Schedule B - Separation Benefits Computation: Calculation of separation pay and other additional benefits

3. Schedule C - Company Property Inventory: List of company properties to be returned

4. Schedule D - Clearance Requirements: Checklist of clearance requirements and responsible departments

5. Schedule E - Benefits Summary: Summary of continuing benefits and their duration post-employment

6. Appendix 1 - Statutory Declarations: Required statutory declarations under Philippine labor laws

7. Appendix 2 - Release and Quitclaim: Detailed release and quitclaim form as required by Philippine law

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

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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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