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Mutual Termination Agreement
1. Parties: Identification of the employer and employee, including full legal names, addresses, and any relevant registration numbers
2. Background: Brief context of the employment relationship and mutual decision to terminate
3. Definitions: Key terms used throughout the agreement, including 'Termination Date', 'Final Settlement', etc.
4. Termination Date: Specific date when employment relationship will end
5. Final Salary and Benefits: Details of final salary payment, including regular salary, bonuses, and benefits up to the termination date
6. Holiday Pay Settlement: Calculation and payment of accrued holiday pay in accordance with the Danish Holiday Act
7. Company Property: Requirements and timeline for returning company property
8. Full and Final Settlement: Confirmation that the agreement represents full and final settlement of all claims
9. Confidentiality: Ongoing obligations regarding confidential information
10. Tax and Social Security: Clarification of tax treatment and social security implications
11. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction
1. Garden Leave: Terms of any garden leave period before final termination - used when employee is being released from duties but remains employed
2. Post-termination Restrictions: Details of any continuing non-compete or non-solicitation obligations - relevant for senior employees or those with access to sensitive information
3. Reference: Terms of any agreed reference to be provided - included when specifically negotiated
4. Outplacement Support: Details of any career transition services offered - typically for senior employees or redundancy situations
5. Share Options/Long-term Incentives: Treatment of outstanding share options or other long-term incentives - relevant for employees with such benefits
6. Communications: Agreed internal and external communications about the departure - important for senior employees
7. Legal Costs: Agreement on payment of legal costs for reviewing the agreement - typically included when employee has sought legal advice
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including salary, holiday pay, and any additional benefits
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Continuing Obligations: Extract of relevant clauses from employment contract that survive termination
4. Appendix A - Agreed Reference: Form of agreed reference if applicable
5. Appendix B - Release Claims List: Comprehensive list of potential claims being settled under the agreement
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