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Employment Termination Agreement
"I need an Employment Termination Agreement for our Chief Technology Officer who is leaving by mutual consent on March 15, 2025, including provisions for share options, a 6-month non-compete clause, and retention of company laptop."
1. Parties: Identification of the employer and employee, including full legal names and details
2. Background: Brief context of the employment relationship, reason for termination, and mutual agreement to terminate
3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation
4. Termination Date: Specific date when employment relationship ends and last working day
5. Final Payment and Benefits: Details of salary, leave pay, bonuses, and other benefits due upon termination
6. Tax Treatment: Clarification of tax implications and responsibilities for termination payments
7. Company Property: Requirements for return of company assets, equipment, and documents
8. Confidentiality: Ongoing obligations regarding confidential information
9. Full and Final Settlement: Mutual release of claims and acknowledgment of settlement
10. Reference and Announcement: Agreement on employment references and communication of departure
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Restraint of Trade: Used when there are post-employment restrictions on competition or solicitation
2. Intellectual Property Rights: Include when dealing with creative or technical roles involving IP
3. Garden Leave: Required when employee will be paid but not required to work during notice period
4. Share Options/Long-term Incentives: Include when dealing with existing share schemes or long-term incentives
5. Outplacement Support: Used when company provides career transition assistance
6. Legal Costs: Include when addressing payment of legal fees for agreement review
7. Reinstatement Waiver: Used in cases where specific waiver of reinstatement rights is needed
1. Schedule 1 - Calculation of Final Payment: Detailed breakdown of all financial elements including salary, leave pay, and benefits
2. Schedule 2 - Company Property Register: List of all company items to be returned
3. Schedule 3 - Benefits Summary: Details of benefit arrangements, including medical aid, pension transitions
4. Appendix A - Certificate of Service: Standard service certificate as required by SA labor law
5. Appendix B - Acknowledgment of Obligations: Summary of ongoing post-termination obligations
Authors
Financial Services
Mining
Manufacturing
Technology
Retail
Healthcare
Professional Services
Construction
Education
Telecommunications
Agriculture
Energy
Transport and Logistics
Hospitality
Human Resources
Legal
Finance
Operations
Executive Leadership
Administration
Compliance
Payroll
Employee Relations
Risk Management
Chief Executive Officer
Managing Director
Department Manager
Senior Executive
Professional Staff
Technical Specialist
Administrative Officer
Sales Representative
Project Manager
Operations Manager
Financial Controller
Human Resources Manager
General Employee
Supervisor
Department Head
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