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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."
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
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
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
Manufacturing
Mining
Financial Services
Retail
Technology
Telecommunications
Professional Services
Construction
Healthcare
Education
Energy
Agriculture
Transportation
Hospitality
Media and Entertainment
Human Resources
Legal
Finance
Executive Leadership
Operations
Administration
Payroll
Industrial Relations
Compliance
Risk Management
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
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