The Separation and Release Agreement is a crucial document used when formally ending an employment relationship in Belgium. It serves as a comprehensive record of the termination terms while ensuring compliance with Belgian employment law, including the Employment Contracts Act and relevant Collective Labour Agreements. This document is typically used when both parties agree to formalize the separation terms, particularly in cases of mutual agreement termination, redundancy, or negotiated exits. The agreement covers essential elements such as final payments, severance calculations, benefit arrangements, and releases of claims, while incorporating specific Belgian requirements regarding notice periods, social security, and tax treatment. It provides legal certainty for both employer and employee by clearly documenting their agreements and obligations, helping prevent future disputes and ensuring a compliant termination process under Belgian jurisdiction.
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1. Parties: Identification of the employer and employee
2. Background: Context of employment relationship and reason for separation
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date and circumstances of employment termination
5. Final Payments: Details of salary, benefits, and other payments due until termination date
6. Severance Payment: Calculation and terms of severance payment
7. Tax and Social Security: Treatment of payments for tax and social security purposes
8. Company Property: Requirements for return of company property and documents
9. Confidentiality: Ongoing obligations regarding confidential information
10. General Release: Mutual release of claims between parties
11. References: Agreement on employment references and communications
12. Non-Disparagement: Mutual obligations regarding future communications
13. Governing Law: Confirmation of Belgian law application and jurisdiction
14. Entire Agreement: Integration clause and relationship to prior agreements
15. Execution: Signing requirements and effective date
1. Non-Compete: Post-employment competition restrictions, if applicable and permitted
2. Non-Solicitation: Restrictions on soliciting employees or customers
3. Intellectual Property: Specific provisions for IP rights and ongoing obligations
4. International Provisions: Additional terms for cross-border employment situations
5. Outplacement Services: Terms of provided outplacement support
6. Stock Options/Equity: Treatment of outstanding equity compensation
7. Insurance Continuation: Extended insurance coverage terms if applicable
8. Legal Fees: Provisions for payment of legal representation
9. Garden Leave: Terms of any garden leave period before final termination
1. Schedule 1 - Calculation of Payments: Detailed breakdown of all payments including salary, severance, and benefits
2. Schedule 2 - Company Property Checklist: List of items to be returned to the employer
3. Schedule 3 - Confidential Information: Specific details of confidential information covered
4. Schedule 4 - Benefits Summary: Details of benefit termination dates and continuation terms
5. Appendix A - Release Claims: Detailed list of claims being released
6. Appendix B - Tax Summary: Overview of tax treatment of various payments
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