The Termination Waiver Agreement is a crucial document used in the Philippines when formally concluding an employment relationship. It serves to protect both employer and employee interests by clearly documenting the terms of separation, including financial settlements and mutual releases of claims. This document must be drafted in compliance with Philippine labor laws, including the Labor Code and DOLE regulations, and should meet the standards established by Philippine courts regarding the validity of waivers and quitclaims. The agreement is particularly important in situations involving voluntary separation, redundancy, or mutually agreed termination, where both parties seek to prevent future disputes by clearly documenting their rights, obligations, and the consideration provided for the waiver.
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1. Parties: Identification of the employer and employee, including their complete legal names and addresses
2. Background: Context of the employment relationship, including start date, position, and circumstances leading to termination
3. Definitions: Key terms used in the agreement, including 'Effective Date', 'Claims', 'Consideration', and other relevant terms
4. Termination Date: Clear statement of when the employment relationship ends
5. Consideration: Details of the financial or other consideration being provided in exchange for the waiver
6. Waiver and Release: Specific rights, claims, and causes of action being waived by the employee
7. Employee Acknowledgments: Employee's confirmation of understanding the agreement and having time to seek legal counsel
8. Return of Company Property: Requirements for returning company assets, documents, and other property
9. Governing Law: Specification that Philippine law governs the agreement
10. Entire Agreement: Integration clause stating this document represents the complete agreement between parties
11. Execution: Signature blocks and execution requirements
1. Non-disparagement: Mutual or one-way obligations not to make negative statements about the other party
2. Ongoing Obligations: Survival of specific obligations from the employment contract such as confidentiality or intellectual property
3. Reference: Agreement on how future employment references will be handled
4. Tax Implications: Statement on tax treatment of payments and each party's tax responsibilities
5. Cooperation: Employee's agreement to assist with transition of duties or future inquiries
6. Medical Benefits Continuation: Details of any continued medical coverage if applicable
7. Revocation Period: If applicable, period during which the employee can revoke the agreement
1. Schedule A - Separation Payment Details: Breakdown of all payments to be made, including final salary, separation pay, and other benefits
2. Schedule B - Company Property Checklist: List of company property to be returned by the employee
3. Schedule C - Continuing Benefits: Details of any benefits that will continue post-termination
4. Appendix 1 - Certificate of Independent Legal Advice: If applicable, confirmation that employee received independent legal counsel
5. Appendix 2 - Calculation of Benefits: Detailed calculation of statutory and contractual benefits
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Technology
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Retail
Healthcare
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Construction
Hospitality
Telecommunications
Business Process Outsourcing
Energy
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Relevant Teams
Human Resources
Legal
Compliance
Employee Relations
Labor Relations
Executive Leadership
Compensation and Benefits
Corporate Services
Risk Management
Relevant Roles
Human Resources Director
HR Manager
Legal Counsel
Compliance Officer
HR Business Partner
Employee Relations Manager
Chief Human Resources Officer
HR Operations Manager
Labor Relations Manager
Compensation and Benefits Manager
HR Specialist
Chief Legal Officer
General Counsel
Employment Lawyer
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