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Redundancy Settlement Agreement Template for India

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Key Requirements PROMPT example:

Redundancy Settlement Agreement

"I need a Redundancy Settlement Agreement under Indian law for a senior software developer in our Bangalore office, including post-employment restrictions and provisions for unvested stock options, with termination planned for March 2025."

Document background
The Redundancy Settlement Agreement is a crucial document used in Indian employment law contexts when an organization needs to terminate employment due to position redundancy. It's typically used during organizational restructuring, downsizing, or when roles become obsolete due to technological or operational changes. The agreement ensures compliance with Indian labor laws, particularly the Industrial Disputes Act, 1947, while providing clarity and protection for both parties. It details the complete settlement package, including statutory redundancy pay, gratuity, notice pay, and any ex-gratia payments. The document also addresses the tax implications of payments, continuation or termination of benefits, confidentiality obligations, and mutual releases. To be legally valid in India, the agreement requires the employee to receive independent legal advice, making it a robust tool for managing redundancy situations while minimizing the risk of future disputes.
Suggested Sections

1. Parties: Details of the employer and employee entering into the agreement

2. Background: Context of the redundancy situation and employment history

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment ends and confirmation of last working day

5. Payments and Benefits: Details of severance package, statutory payments, and other benefits

6. Tax Implications: Statement regarding tax treatment of payments and responsibilities

7. Company Property: Requirements for return of company assets and documents

8. Confidentiality: Ongoing obligations regarding confidential information

9. Full and Final Settlement: Confirmation that the agreement represents full and final settlement

10. Legal Advice: Confirmation that employee has received independent legal advice

11. Warranties: Employee confirmations regarding ongoing matters and future claims

12. Governing Law: Specification that Indian law governs the agreement

Optional Sections

1. Post-termination Restrictions: Include if existing employment contract contains restrictive covenants that will continue

2. Reference: Include if agreed form of reference will be provided

3. Outplacement Support: Include if company is providing career transition services

4. Internal/External Communications: Include if parties agree on specific announcement regarding departure

5. Share Options/Awards: Include if employee has any outstanding share schemes or long-term incentives

6. Garden Leave: Include if employee will be placed on garden leave before termination

7. Transfer of Duties: Include if specific handover arrangements are required

Suggested Schedules

1. Schedule 1: Payment Calculation: Detailed breakdown of all payments including statutory redundancy pay, gratuity, and ex-gratia amounts

2. Schedule 2: Benefits Statement: List of benefits and their treatment post-termination

3. Schedule 3: Legal Adviser's Certificate: Certificate from independent legal advisor confirming advice given

4. Appendix A: Resignation Letter: Template resignation letter if required as part of the process

5. Appendix B: Reference Template: Agreed form of reference if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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