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Final Separation Agreement Template for Philippines

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Key Requirements PROMPT example:

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."

Document background
The Final Separation Agreement is a crucial document used in the Philippines when formally ending an employment relationship, whether through mutual agreement, retirement, redundancy, or other legitimate causes under Philippine labor law. This agreement serves multiple purposes: it documents the final settlement of all employment-related matters, provides legal protection for both parties, and ensures compliance with Philippine labor regulations. The document typically includes detailed calculations of separation benefits according to the Labor Code of the Philippines, provisions for confidentiality, release of claims, and ongoing obligations. It's particularly important as it helps prevent future disputes by clearly documenting all aspects of the separation, including financial settlements, return of company property, and continuing obligations. The agreement must be carefully drafted to comply with Philippine employment laws, including DOLE regulations and relevant jurisprudence on employment termination.
Suggested Sections

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

Optional Sections

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)

Suggested Schedules

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

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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Manufacturing

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Chief Executive Officer

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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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