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Employee Deed Of Release

Employee Deed Of Release Template for South Africa

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Key Requirements PROMPT example:

Employee Deed Of Release

"I need a standard Employee Deed of Release for a mutual separation with a mid-level sales manager, including standard non-compete clauses and a settlement payment spread over three months starting March 2025."

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Document background
The Employee Deed of Release is a crucial document in South African employment law, typically used when an employer and employee agree to terminate their employment relationship by mutual consent. This document is particularly relevant in situations involving voluntary separations, redundancies, or negotiated exits to avoid potential disputes. The agreement must comply with South African labor legislation, including the Labour Relations Act 66 of 1995 and the Basic Conditions of Employment Act. It typically includes provisions for financial settlements, confidentiality obligations, non-disparagement clauses, and mutual releases of claims. The document serves as protection for both parties by clearly defining the terms of separation and preventing future legal claims, while ensuring all statutory obligations are met.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names, identification/registration numbers, and physical addresses

2. Background: Brief history of employment relationship, reason for separation (in neutral terms), and context of the agreement

3. Definitions: Key terms used throughout the agreement, including 'Effective Date', 'Settlement Amount', 'Claims', etc.

4. Termination of Employment: Clear statement of employment termination date and immediate effects

5. Settlement Amount: Details of any payment to be made, including amount, timing, and method of payment

6. Tax Treatment: Clarification of tax implications and responsibilities regarding settlement payments

7. Release and Waiver: Comprehensive release of claims by employee against employer and related entities

8. Company Property: Requirements for return of company property and confirmation of compliance

9. Confidentiality: Ongoing obligations regarding confidential information and trade secrets

10. Non-Disparagement: Mutual obligations to refrain from making negative statements about each other

11. Full and Final Settlement: Confirmation that this agreement constitutes full and final settlement of all claims

12. Governing Law: Specification that South African law governs the agreement

13. Signature: Execution clause and signature blocks for both parties

Optional Sections

1. References: Terms regarding future employment references - include when specifically negotiated

2. Post-Employment Restrictions: Non-compete and non-solicitation clauses - include if existing employment contract contains these

3. Benefits Continuation: Details of any benefits extending beyond termination - include if applicable

4. Legal Representation: Acknowledgment of right to seek legal advice - include if employee hasn't had legal representation

5. Surviving Obligations: List of obligations that continue post-employment - include if specific ongoing duties exist

6. Medical Aid: Arrangements regarding medical aid scheme - include if applicable

7. Share Options/Long-term Incentives: Treatment of outstanding share options or incentives - include if applicable

8. Garden Leave: Terms of any garden leave period - include if applicable

9. Resignation from Directorships: Terms of resignation from any corporate positions - include if employee holds directorship

10. Assistance with Handover: Terms regarding transition of duties - include if specific handover period required

Suggested Schedules

1. Schedule 1 - Settlement Calculation: Detailed breakdown of settlement amount including salary, leave pay, notice pay, and other payments

2. Schedule 2 - Company Property Register: List of company property to be returned

3. Schedule 3 - Employee Benefits Summary: Summary of treatment of various benefits and entitlements

4. Appendix A - Certificate of Service: Standard certificate of service as required by South African law

5. Appendix B - Resignation Letter: Copy of employee's resignation letter if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Financial Services

Mining

Manufacturing

Retail

Technology

Healthcare

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Relevant Teams

Human Resources

Legal

Finance

Operations

Senior Management

Administration

Compliance

Risk Management

Sales

Marketing

Information Technology

Customer Service

Research and Development

Production

Quality Assurance

Relevant Roles

Chief Executive Officer

Managing Director

Senior Manager

Department Head

Project Manager

Financial Controller

Operations Manager

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Technical Specialist

Human Resources Director

Legal Counsel

Department Manager

Regional Manager

Account Manager

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Marketing Manager

Administrative Officer

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Executive Assistant

Industries








Teams

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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