Separation Agreement And Release Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Separation Agreement and Release is a crucial document used in Hong Kong employment contexts when an employer and employee agree to formally end their employment relationship. It serves multiple purposes: documenting the agreed terms of separation, protecting both parties' interests, ensuring compliance with Hong Kong employment law, and preventing future disputes. The agreement typically comes into play during voluntary resignations, mutual separations, or redundancy situations, particularly for senior employees or sensitive departures. It addresses various aspects including financial settlements, ongoing obligations, and releases of claims, while ensuring compliance with local regulations such as the Employment Ordinance and other relevant Hong Kong legislation. The document is particularly important when there are complex compensation arrangements, post-employment restrictions, or potential areas of dispute that need to be resolved.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Relevant Industries

Financial Services

Technology

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Manufacturing

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Relevant Teams

Human Resources

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Relevant Roles

Chief Executive Officer

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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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