The Severance Pay Release of Claims document is essential in Hong Kong employment terminations where severance payment is being made, typically in cases of redundancy or qualifying termination scenarios under the Employment Ordinance. It serves as a legally binding agreement that protects both employer and employee interests by clearly documenting the severance payment terms and obtaining a comprehensive release of potential claims. The document must comply with Hong Kong employment law requirements, particularly the Employment Ordinance (Cap. 57) regarding severance payments and the Contracts Ordinance for enforceability. It is commonly used during restructuring, downsizing, or individual termination scenarios where severance payment is offered in exchange for a release of claims.
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1. Parties: Identifies the employer and employee, including their full legal names and addresses
2. Background: Outlines the employment relationship, termination date, and reason for severance payment
3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Severance Payment', and 'Effective Date'
4. Severance Payment: Details the amount of severance payment, calculation method, and payment terms
5. Release of Claims: Comprehensive release language covering all potential claims against the employer
6. Acknowledgments: Employee's acknowledgments regarding understanding of rights, opportunity to seek legal advice, and voluntary nature of agreement
7. Confidentiality: Obligations regarding confidentiality of the agreement terms and company information
8. Return of Company Property: Requirements for returning all company property and documents
9. Governing Law: Specifies Hong Kong law as governing law and jurisdiction
10. Entire Agreement: Confirms this document represents the entire agreement between parties
11. Execution: Signature blocks and execution requirements
1. Post-Employment Restrictions: Include when enforcing existing or new non-compete or non-solicitation provisions
2. Reference: Include when parties agree on terms of employment references
3. Continuing Obligations: Include when specific obligations from employment contract continue post-termination
4. Tax Indemnity: Include when tax implications of severance payment need to be addressed
5. Outplacement Support: Include when employer provides career transition services
6. Medical Benefits Extension: Include when extending medical coverage beyond termination
7. Legal Fees: Include when employer agrees to contribute to employee's legal fees
8. Mutual Non-Disparagement: Include when parties agree not to make negative statements about each other
1. Schedule 1 - Calculation of Severance Payment: Detailed breakdown of severance payment calculation
2. Schedule 2 - List of Claims: Comprehensive list of specific claims being released
3. Schedule 3 - Company Property: Itemized list of company property to be returned
4. Appendix A - Resignation Letter: Form of resignation letter if termination is structured as resignation
5. Appendix B - Certificate of Independent Legal Advice: If required, confirmation that employee received independent legal advice
Relevant legal definitions
Agreement
Claims
Company
Confidential Information
Effective Date
Employee
Employment
Employment Contract
Employer
Final Payment
Group
Hong Kong
Last Day of Employment
Parties
Release
Released Claims
Released Parties
Remaining Claims
Severance Payment
Signing Date
Statutory Entitlements
Termination Date
Company Property
Consideration
Outstanding Benefits
Related Companies
Accrued Rights
Continuing Obligations
Post-Employment Restrictions
Statutory Rights
Working Day
Claims
Company
Confidential Information
Effective Date
Employee
Employment
Employment Contract
Employer
Final Payment
Group
Hong Kong
Last Day of Employment
Parties
Release
Released Claims
Released Parties
Remaining Claims
Severance Payment
Signing Date
Statutory Entitlements
Termination Date
Company Property
Consideration
Outstanding Benefits
Related Companies
Accrued Rights
Continuing Obligations
Post-Employment Restrictions
Statutory Rights
Working Day
Clauses
Interpretation
Severance Payment
Payment Terms
Release of Claims
Confidentiality
Non-Disparagement
Return of Property
Warranties and Representations
Acknowledgments
Tax Indemnity
Legal Advice
Post-Employment Restrictions
Further Assurance
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Notices
Counterparts
Governing Law and Jurisdiction
Assignment
Costs
Data Protection
Surviving Obligations
Severance Payment
Payment Terms
Release of Claims
Confidentiality
Non-Disparagement
Return of Property
Warranties and Representations
Acknowledgments
Tax Indemnity
Legal Advice
Post-Employment Restrictions
Further Assurance
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Notices
Counterparts
Governing Law and Jurisdiction
Assignment
Costs
Data Protection
Surviving Obligations
Relevant Industries
Financial Services
Technology
Manufacturing
Retail
Professional Services
Healthcare
Education
Real Estate
Construction
Telecommunications
Media & Entertainment
Hospitality
Transportation & Logistics
Energy & Utilities
Relevant Teams
Human Resources
Legal
Compliance
Finance
Executive Leadership
Administration
Employee Relations
Compensation & Benefits
Relevant Roles
Human Resources Director
HR Manager
Legal Counsel
Employment Lawyer
Chief Human Resources Officer
HR Business Partner
Compensation & Benefits Manager
Employee Relations Manager
Chief Legal Officer
General Counsel
Chief Executive Officer
Chief Financial Officer
Department Head
Line Manager
HR Administrator
Compliance Officer
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