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Separation Agreement And Release
"I need a Separation Agreement and Release under Hong Kong law for a senior technology executive departing our fintech company by mutual agreement on March 15, 2025, including provisions for equity compensation and ongoing cooperation with pending projects."
1. Parties: Identifies the employer and employee entering into the agreement
2. Background: Recitals explaining the employment relationship and decision to separate
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment and final working day
5. Separation Payments: Details all payments to be made including salary, severance, and other entitlements
6. Tax Treatment: Addresses tax implications of separation payments
7. Benefits: Outlines treatment of benefits including MPF, medical insurance, and other benefits
8. Company Property: Requirements for return of company property and documents
9. Confidentiality: Ongoing obligations regarding confidential information
10. Release of Claims: Mutual release of claims between parties
11. Post-Employment Restrictions: Reaffirmation of any post-employment obligations including non-compete and non-solicitation
12. References: Agreement on handling of employment references
13. Non-Disparagement: Mutual obligations not to make negative statements
14. Governing Law: Specifies Hong Kong law as governing law
15. General Provisions: Standard boilerplate clauses including entire agreement, amendments, etc.
1. Garden Leave: Include when employee will be placed on garden leave before termination
2. Equity Compensation: Include when addressing treatment of shares, options, or other equity compensation
3. Transition Duties: Include when employee will assist with transition of duties
4. Ongoing Projects: Include when addressing completion or handover of specific projects
5. Legal Fees: Include when employer will contribute to employee's legal fees
6. Outplacement Services: Include when employer will provide career transition support
7. Immigration Status: Include when employee's work visa status needs to be addressed
8. Physical/Mental Health: Include when separation involves health-related issues
9. Continuing Cooperation: Include when employee's assistance may be needed for future matters
1. Schedule 1 - Separation Payments Calculation: Detailed breakdown of all separation payments and calculations
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Continuing Benefits: Details of any benefits that continue post-employment
4. Schedule 4 - Outstanding Claims/Proceedings: List of any ongoing legal matters covered by the release
5. Appendix A - Form of Release: Standard form for final release of claims
6. Appendix B - Reference Letter: Agreed form of reference letter if applicable
Authors
Company
Confidential Information
Company Property
Effective Date
Employee
Employment Agreement
Group
Intellectual Property Rights
Notice Period
Parent Company
Parties
Released Claims
Released Parties
Restricted Business
Restricted Period
Separation Date
Separation Payment
Statutory Entitlements
Termination Date
Territory
Trade Secrets
Accrued Benefits
MPF Scheme
Outstanding Claims
Personal Data
Subsidiaries
Affiliates
Business Day
Competitor
Customer
Non-Compete Obligations
Non-Solicitation Obligations
Reference Letter
Garden Leave
Termination
Final Payments
Severance
Tax Obligations
Benefits
MPF Contributions
Company Property Return
Confidentiality
Trade Secrets
Data Protection
Non-Compete
Non-Solicitation
Non-Disparagement
Release of Claims
Indemnification
References
Garden Leave
Legal Fees
Cooperation
Governing Law
Jurisdiction
Entire Agreement
Severability
Amendment
Waiver
Assignment
Third Party Rights
Counterparts
Notices
Further Assurance
Financial Services
Technology
Professional Services
Manufacturing
Retail
Healthcare
Education
Real Estate
Construction
Telecommunications
Media & Entertainment
Insurance
Logistics & Transportation
Hospitality
Energy
Human Resources
Legal
Finance
Compliance
Operations
Information Technology
Sales
Marketing
Research & Development
Product Development
Customer Service
Administration
Risk Management
Strategy
Business Development
Chief Executive Officer
Chief Financial Officer
Managing Director
Senior Vice President
Director
Department Head
Senior Manager
Manager
Team Leader
Senior Professional
Professional
Executive
Administrator
Specialist
Consultant
Sales Representative
Technical Lead
Project Manager
Regional Manager
Country Head
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