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1. Parties: Identifies the employer and employee who are parties to the settlement agreement
2. Background: Sets out the context of the employment relationship, including start date, role, and circumstances leading to the settlement
3. Definitions: Defines key terms used throughout the agreement
4. Settlement Sum: Details the amount to be paid and payment terms
5. Tax Treatment: Specifies the tax handling of the settlement payment
6. Waiver of Claims: Employee's waiver of all employment-related claims against the employer
7. Company Property: Requirements for return of company property
8. Confidentiality: Obligations to keep the settlement terms and company information confidential
9. Reference: Terms regarding the provision of employment references
10. Full and Final Settlement: Confirmation that this represents a full and final settlement of all claims
11. Governing Law: Specifies Hong Kong law as governing law
12. Execution: Signature blocks and execution requirements
1. Post-Settlement Obligations: Include when there are ongoing obligations such as non-compete or non-solicitation requirements
2. Legal Advice: Include when the employee has received independent legal advice on the agreement
3. Specific Claims Settlement: Include when settling specific claims like discrimination or injury
4. Mutual Non-Disparagement: Include when parties agree not to make negative statements about each other
5. Announcement: Include when parties agree on how the departure will be communicated
6. Garden Leave: Include when there is a garden leave period before final termination
7. Share Options/Benefits: Include when dealing with existing share options or benefits
8. Assistance with Proceedings: Include when employee agrees to assist with ongoing legal proceedings
9. Insurance: Include when addressing ongoing insurance coverage
10. MPF/Pension Arrangements: Include when specific pension arrangements need to be addressed
1. Schedule 1 - Payment Breakdown: Detailed breakdown of settlement sum components
2. Schedule 2 - Claims Being Settled: Comprehensive list of specific claims being settled
3. Schedule 3 - Company Property: List of company property to be returned
4. Schedule 4 - Confidential Information: Detailed description of what constitutes confidential information
5. Schedule 5 - Agreed Reference: Form of agreed employment reference
6. Appendix A - Legal Advice Certificate: Certificate from legal advisor confirming independent advice given
7. Appendix B - Resignation Letter: Form of resignation letter to be signed
8. Appendix C - Benefit Details: Details of any benefits, share options, or insurance arrangements
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