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Final Separation Agreement
"I need a Final Separation Agreement for a senior software engineer in our Manila tech company who is leaving voluntarily on March 15, 2025, including non-compete and IP protection clauses due to their access to our proprietary technology."
1. Parties: Identification of the employer and employee, including complete legal names and addresses
2. Background: Brief history of employment relationship, including start date, position, and reason for separation
3. Definitions: Key terms used throughout the agreement defined for clarity
4. Date of Separation: Clear statement of the effective date of employment termination
5. Final Settlement Amount: Detailed breakdown of the total separation package including basic separation pay, pro-rated 13th month pay, and other statutory benefits
6. Payment Terms: Timeline and method of payment for the separation package
7. Release and Waiver: Mutual release of claims and liabilities between parties
8. Return of Company Property: Requirements and timeline for returning company assets, documents, and intellectual property
9. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets
10. Tax Provisions: Clarification of tax responsibilities and withholding obligations
11. Governing Law: Specification that Philippine law governs the agreement
12. Entire Agreement: Statement that this document represents the complete agreement between parties
1. Non-Compete Clause: Restrictions on future employment with competitors (optional, depending on position and industry)
2. Non-Solicitation: Restrictions on soliciting company employees or clients (used for senior positions)
3. Reference and Communication: Terms regarding future employment references and internal/external communications about the separation
4. Continuation of Benefits: Details of any extended health insurance or other benefits (if applicable)
5. Stock Options/Share Rights: Treatment of any outstanding equity compensation (for employees with share schemes)
6. Outplacement Services: Details of any career transition support provided (if offered)
7. Legal Consultation: Acknowledgment of right to seek independent legal advice (recommended for senior executives)
1. Schedule A - Computation of Final Settlement: Detailed calculation of all payment components including basic separation pay, prorated benefits, and statutory payments
2. Schedule B - Company Property Checklist: List of all company assets to be returned with confirmation of receipt
3. Schedule C - Outstanding Benefits: Summary of any remaining benefits, leave credits, or reimbursements
4. Appendix 1 - Clearance Form: Standard company clearance form confirming all departments have cleared the employee
5. Appendix 2 - Certificate of Employment: Draft of the certificate of employment to be issued
Authors
Manufacturing
Technology
Financial Services
Retail
Healthcare
Education
Professional Services
Construction
Hospitality
Telecommunications
Mining
Agriculture
Transportation
Energy
Human Resources
Legal
Finance
Operations
Senior Management
Compliance
Payroll
Employee Relations
Chief Executive Officer
Chief Financial Officer
Department Manager
Senior Manager
Project Manager
Software Engineer
Sales Representative
Administrative Assistant
Production Supervisor
Financial Analyst
Human Resources Manager
Marketing Director
Operations Manager
Research Scientist
Account Executive
Customer Service Representative
Factory Worker
Technical Support Specialist
Business Development Manager
Executive Assistant
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