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Severance Pay Agreement Template for South Africa

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Key Requirements PROMPT example:

Severance Pay Agreement

"I need a Severance Pay Agreement for a senior executive in the mining sector who is being retrenched due to operational requirements, including special provisions for share options and a 6-month post-employment consulting arrangement starting March 2025."

Document background
The Severance Pay Agreement is a crucial document used in South African employment contexts when an employment relationship is terminated due to operational requirements, restructuring, or through mutual agreement. It must comply with South African labor law, particularly the Basic Conditions of Employment Act and Labour Relations Act, which mandate minimum severance pay of one week's remuneration per completed year of service. This agreement typically comes into play during retrenchments, voluntary separation packages, or organizational restructuring, providing comprehensive details about the severance package, payment terms, benefits treatment, and post-employment obligations. The document serves as legal protection for both parties and helps ensure a clear, fair, and compliant separation process.
Suggested Sections

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

2. Background: Context of the severance agreement, including the employment history and reason for termination

3. Definitions: Key terms used in the agreement, including 'Termination Date', 'Severance Payment', 'Final Salary', etc.

4. Termination of Employment: Formal confirmation of employment termination, specifying the last day of employment and reason for termination

5. Severance Payment: Details of the severance package, calculation method, payment date, and payment method

6. Final Salary and Benefits: Breakdown of final salary payment, including accrued leave, pro-rata bonuses, and other benefits

7. Tax Treatment: Clarification of tax implications and treatment of the severance payment

8. Company Property: Requirements for return of company property and handling of company information

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

10. Confidentiality: Obligations regarding confidentiality of the agreement and company information

11. Governing Law: Confirmation that the agreement is governed by South African law

12. Signatures: Execution clause and signature blocks for both parties

Optional Sections

1. Post-Employment Restrictions: Non-compete and non-solicitation clauses, if applicable to the employee's position

2. Reference Letter: Terms regarding the provision of employment references

3. Outplacement Support: Details of any career transition or outplacement services offered

4. Medical Aid Extension: Terms for continued medical aid coverage, if offered

5. Share Options/Long-term Incentives: Treatment of outstanding share options or long-term incentive schemes

6. Legal Fees: Provisions for payment of legal fees if the employer is covering the employee's legal consultation

7. Rehire Eligibility: Statement regarding future employment eligibility with the company

Suggested Schedules

1. Schedule A - Severance Payment Calculation: Detailed calculation of the severance payment, showing years of service, salary basis, and final amount

2. Schedule B - Benefits Statement: Comprehensive list of benefits and their treatment post-termination

3. Schedule C - Company Property Register: Itemized list of company property to be returned

4. Appendix 1 - Tax Directive: Copy of the tax directive from SARS regarding the tax treatment of the severance payment

5. Appendix 2 - Employee's Service Record: Summary of employee's employment history and service period

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

Relevant legal definitions




































Clauses






























Relevant Industries

Manufacturing

Mining

Financial Services

Retail

Technology

Telecommunications

Professional Services

Construction

Healthcare

Education

Energy

Agriculture

Transportation

Hospitality

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Administration

Payroll

Industrial Relations

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Managing Director

General Manager

Department Head

Senior Manager

Middle Manager

Supervisor

Professional Staff

Administrative Staff

Technical Specialist

Sales Representative

Operations Manager

Financial Controller

Human Resources Director

Project Manager

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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