Mutual Severance Agreement Template for Belgium

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Key Requirements PROMPT example:

Mutual Severance Agreement

"I need a Mutual Severance Agreement under Belgian law for a senior technology executive departing with stock options and international IP considerations, including special provisions for maintaining certain client relationships until March 2025."

Document background
The Mutual Severance Agreement is a crucial document used in Belgian employment law when an employer and employee mutually agree to terminate their employment relationship. This document is particularly relevant in situations where both parties wish to achieve an amicable separation while ensuring legal compliance and protecting their respective interests. The agreement must adhere to strict Belgian legal requirements regarding severance calculations, notice periods, and social security implications. It typically includes comprehensive details about financial compensation, ongoing obligations, and releases, while ensuring compliance with sector-specific collective bargaining agreements. The document is especially important in scenarios involving senior executives, redundancies, or organizational restructuring, where clear documentation of agreed terms is essential for risk management and future reference.
Suggested Sections

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

2. Background: Brief context of the employment relationship, including start date, position, and mutual decision to terminate

3. Definitions: Definition of key terms used throughout the agreement

4. Termination Date: Specific date when employment relationship ends and confirmation of last working day

5. Severance Payment: Detailed breakdown of severance payment, calculation method, and payment timing in accordance with Belgian law

6. Tax and Social Security: Treatment of payments for tax and social security purposes, including employer's and employee's obligations

7. Final Salary and Benefits: Details of final salary payment, accrued holiday pay, and treatment of benefits

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

9. Confidentiality: Ongoing obligations regarding confidential information

10. Release of Claims: Mutual release of claims, subject to Belgian law restrictions

11. Governing Law: Confirmation of Belgian law governance and jurisdiction

12. Entire Agreement: Standard entire agreement clause

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Garden Leave: Used when there is a period between notice and termination where employee remains employed but not working

2. Non-Competition: Include when there are post-employment restrictions, subject to Belgian law limitations

3. Outplacement Services: Required for employees over 45 years old under Belgian law

4. Reference: Terms regarding future employment references

5. Ongoing Cooperation: Used when employee's assistance may be needed post-termination

6. Stock Options/Equity: Include when employee has stock options or other equity arrangements

7. Insurance Continuation: Used when specific insurance arrangements continue post-employment

8. Legal Fees: Include when there's agreement on payment of legal fees

Suggested Schedules

1. Schedule 1 - Severance Calculation: Detailed calculation of severance payment including statutory and contractual elements

2. Schedule 2 - Benefits Summary: List of benefits and their treatment post-termination

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

4. Appendix A - Tax Summary: Summary of tax treatment of various payment elements

5. Appendix B - Outplacement Services: Details of outplacement support where applicable

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

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Chief Executive Officer

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Industries
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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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