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Settlement Agreement Between Employee And Employer
"I need a Settlement Agreement Between Employee And Employer under German law for a senior executive's departure by mutual consent, including provisions for stock options, a 6-month non-compete clause, and ongoing consultancy arrangements post-termination."
1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief history of employment relationship, reason for settlement, and reference to any ongoing disputes if applicable
3. Definitions: Key terms used throughout the agreement
4. Termination of Employment: Specific date and terms of employment termination, including last working day and garden leave if applicable
5. Settlement Payments: Details of all financial compensation, including severance pay, outstanding salary, bonus, and holiday pay
6. Tax and Social Security: Treatment of payments for tax and social security purposes
7. Company Property: Requirements and timeline for return of company property
8. Confidentiality: Ongoing obligations regarding confidential information
9. Post-termination Restrictions: Confirmation of which existing post-termination restrictions remain in force
10. Mutual Release: Waiver of claims by both parties
11. Reference: Agreement on the form and content of employment reference
12. Final Provisions: Governing law, severability, and entire agreement provisions
13. Execution: Signature blocks and date
1. Works Council Approval: Required when works council exists and their involvement is necessary
2. Outplacement Support: Include when employer provides career transition services
3. Company Pension: Required when addressing treatment of pension rights
4. Stock Options/Share Awards: Include when dealing with existing equity compensation
5. Legal Costs: Include when addressing payment of employee's legal fees
6. Garden Leave: Include when employee will be placed on garden leave
7. Insurance Continuation: Include when addressing continued insurance coverage
8. Cooperation in Pending Matters: Include when employee's assistance may be needed post-termination
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payment components including severance, bonus, and other entitlements
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Agreed Reference: Form of agreed employment reference (Arbeitszeugnis)
4. Schedule 4 - Existing Post-termination Restrictions: Copy of relevant restrictions from employment contract that survive
5. Appendix A - Legal Notice: Statutory information about settlement agreement rights and limitations
Authors
Financial Services
Technology
Manufacturing
Retail
Healthcare
Professional Services
Energy
Telecommunications
Construction
Education
Automotive
Pharmaceuticals
Media and Entertainment
Transportation and Logistics
Real Estate
Human Resources
Legal
Compliance
Executive Leadership
Finance
Personnel Administration
Employee Relations
Industrial Relations
HR Director
HR Manager
Legal Counsel
Employment Lawyer
HR Business Partner
Compensation and Benefits Manager
Employee Relations Manager
HR Administrator
Chief Human Resources Officer
Recruitment Manager
Personnel Officer
Compliance Officer
Chief Executive Officer
Chief Financial Officer
Department Manager
Line Manager
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