The Employer Separation Agreement is a crucial document used in Belgian employment contexts when formalizing the termination of an employment relationship. It's particularly relevant in situations involving mutual agreement terminations, restructuring, or individual separations requiring formal documentation. This agreement must comply with Belgium's sophisticated employment law framework, which provides strong employee protections and specific requirements for termination procedures. The document typically incorporates mandatory elements under Belgian law, including notice period calculations according to the Act of 26 December 2013, severance payments, and potential outplacement services. It serves as a comprehensive record of all separation terms while ensuring compliance with both individual and collective labor law requirements, social security regulations, and tax implications specific to Belgium.
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant registration numbers
2. Background: Brief overview of the employment relationship, including start date, position, and mutual agreement to terminate
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Termination Date: Specific date when employment relationship ends and confirmation of last working day
5. Financial Settlement: Detailed breakdown of all financial elements including final salary, severance pay, and any other statutory payments
6. Notice Period: Details of notice period or payment in lieu of notice in accordance with Belgian law
7. Company Property: Requirements for return of company property and timeline
8. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets
9. Final Settlement: Confirmation that the agreement represents full and final settlement of all claims
10. Tax and Social Security: Clarification of tax and social security implications of the settlement
11. Governing Law: Confirmation that the agreement is governed by Belgian law
12. Signatures: Execution blocks for both parties and date of signing
1. Garden Leave: Include when the employee will be placed on garden leave during notice period
2. Non-Compete Clause: Include when enforcing existing non-compete provisions or establishing new ones, subject to Belgian law restrictions
3. Outplacement Services: Include when outplacement support will be provided (mandatory for employees entitled to 30 weeks notice or more)
4. Reference Provision: Include when specific arrangements about employment references have been agreed
5. Ongoing Benefits: Include when certain benefits will continue post-employment
6. Stock Options/Equity: Include when dealing with existing stock options or equity arrangements
7. Legal Fees: Include when employer agrees to contribute to employee's legal fees
8. Communications: Include when parties agree on specific internal/external communication about the separation
1. Schedule 1 - Financial Statement: Detailed breakdown of all financial payments including calculations
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Benefits Summary: Details of any benefits continuing or terminating
4. Schedule 4 - Outplacement Services: Details of outplacement support where applicable
5. Appendix A - Resignation Letter: Standard form resignation letter where applicable
6. Appendix B - Certificate of Employment: Required employment certificate under Belgian law
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