Compromise Agreement for United Arab Emirates

Compromise Agreement Template for United Arab Emirates

A legally binding agreement governed by UAE law that formally settles and terminates an employment relationship between an employer and employee. The document outlines the terms of separation, including financial settlements, confidentiality obligations, and mutual releases of claims, while ensuring compliance with UAE Federal Law No. 33 of 2021 (UAE Labor Law) and related employment regulations. It provides both parties with legal certainty and protection, incorporating specific provisions required under UAE jurisdiction, including end-of-service gratuity calculations and mandatory notice periods.

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What is a Compromise Agreement?

The Compromise Agreement serves as a crucial legal document in the UAE employment landscape, used when an employer and employee agree to terminate their employment relationship on mutually agreed terms. This document, governed by UAE Federal Law No. 33 of 2021 and related regulations, provides a comprehensive framework for documenting the settlement terms, including financial compensation, confidentiality obligations, and waiver of claims. The agreement is particularly important in the UAE context due to specific local labor law requirements regarding end-of-service benefits, notice periods, and employee rights. It offers protection to both parties by clearly defining their obligations and rights post-termination, while ensuring compliance with mandatory UAE legal provisions. The Compromise Agreement is commonly used in situations involving senior executives, redundancies, or mutual separation scenarios, and often requires independent legal advice to ensure validity.

What sections should be included in a Compromise Agreement?

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Brief context of the employment relationship, reason for termination, and purpose of the agreement

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

4. Settlement Payment: Details of the settlement sum, payment terms, timing, and tax implications

5. Termination of Employment: Confirmation of employment termination date and terms

6. Employee Claims: Comprehensive list of claims being settled and waived by the employee

7. Company Property: Requirements for return of company property and confidential information

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

9. Non-Disparagement: Mutual obligations not to make derogatory statements about each other

10. Tax Indemnity: Employee's responsibility for tax liabilities arising from the settlement payment

11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes

What sections are optional to include in a Compromise Agreement?

1. Post-Termination Restrictions: Reaffirmation of existing non-compete and non-solicitation obligations, used when original employment contract contains such restrictions

2. Reference: Terms regarding the provision of employment references, included when agreed as part of settlement

3. Legal Costs: Provisions regarding payment of legal costs, included when employer agrees to contribute to employee's legal fees

4. Continuing Obligations: Specification of any obligations that survive termination, used when certain duties need to continue

5. Medical Insurance: Provisions regarding continuation or termination of medical insurance, included when relevant to the settlement

6. Share Options/Benefits: Treatment of outstanding share options or benefits, included when employee has such entitlements

7. Announcement: Agreed form of internal/external announcement, included when parties agree on communication strategy

8. Garden Leave: Terms of any garden leave period, included when applicable to the termination arrangement

What schedules should be included in a Compromise Agreement?

1. Schedule 1 - Settlement Payment Breakdown: Detailed breakdown of settlement payment components including salary, notice pay, gratuity, etc.

2. Schedule 2 - Claims: Comprehensive list of statutory and contractual claims being settled

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

4. Appendix A - Certificate of Independent Legal Advice: Confirmation that employee received independent legal advice

5. Appendix B - Resignation Letter: Form of resignation letter to be signed by employee

6. Appendix C - Reference Letter: Agreed form of reference letter, if applicable

Authors

Alex Denne

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

Publisher

Genie AI

Cost

Free to use
Clauses
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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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