The Compromise Agreement is a crucial legal document used in Irish employment law when an employer and employee agree to terminate their employment relationship on mutually agreed terms. It serves as a clean break settlement, typically used in situations involving redundancy, workplace disputes, or negotiated exits. The agreement must comply with specific Irish statutory requirements, including the necessity for the employee to receive independent legal advice. A valid Compromise Agreement will effectively waive the employee's rights to bring most employment-related claims against the employer in exchange for an agreed settlement package. The document typically includes provisions for financial settlement, confidentiality obligations, tax treatment, post-termination restrictions, and agreed references.
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1. Parties: Identifies and defines the employer and employee parties to the agreement
2. Background: Sets out the context of the employment relationship and circumstances leading to the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment and any garden leave arrangements
5. Settlement Payments: Details the settlement sum, payment terms, and tax treatment
6. Employee Warranties: Employee confirmations regarding undisclosed claims, return of property, etc.
7. Waiver of Claims: Comprehensive waiver of employment-related claims, subject to statutory exceptions
8. Tax Indemnity: Employee's indemnity regarding tax treatment of settlement payments
9. Legal Advice: Confirmation that independent legal advice has been received, including advisor details
10. Confidentiality: Obligations regarding confidentiality of the agreement and company information
11. Entire Agreement: Confirms the agreement represents the entire understanding between parties
12. Governing Law: Specifies Irish law as governing law and jurisdiction
1. Post-termination Restrictions: Reaffirmation or modification of existing post-employment restrictions, used when there are existing restrictive covenants
2. Reference Provision: Terms regarding the provision of employment references, included when agreed as part of settlement
3. Announcement: Agreed internal/external communications about the employee's departure, used in senior executive departures
4. Share Options/Benefits: Treatment of existing share options or benefits, included when employee has such arrangements
5. Legal Costs: Terms regarding payment of employee's legal costs, included when employer agrees to contribute
6. Outplacement Support: Details of any career transition support, included when offered as part of package
7. Garden Leave: Terms of any garden leave period, used when employee will not work during notice
8. Company Property: Detailed provisions regarding return of company property, used when significant company assets are involved
9. Ongoing Cooperation: Terms for employee assistance post-termination, used when handover or future cooperation needed
1. Schedule 1 - Claims: Comprehensive list of statutory and common law claims being settled
2. Schedule 2 - Payment Details: Breakdown of settlement payment components and payment timing
3. Schedule 3 - Adviser's Certificate: Independent legal adviser's certification of advice given
4. Schedule 4 - Reference: Agreed form of reference where applicable
5. Schedule 5 - Company Property: List of company property to be returned
6. Appendix 1 - Resignation Letter: Template resignation letter where resignation is part of agreement
7. Appendix 2 - Announcement: Agreed form of internal/external announcement where applicable
Relevant legal definitions
Agreement
Board
Business
Claims
Company
Confidential Information
Consideration
Contract of Employment
Effective Date
Employee
Employment
Group
Group Company
Independent Adviser
Intellectual Property Rights
Legal Costs
Material
Parent Company
Parties
Payment Date
Protected Disclosure
Relevant Period
Restricted Business
Settlement Payment
Settlement Sum
Statutory Claims
Subsidiary
Tax
Termination Date
Territory
Third Party
Waiver
Board
Business
Claims
Company
Confidential Information
Consideration
Contract of Employment
Effective Date
Employee
Employment
Group
Group Company
Independent Adviser
Intellectual Property Rights
Legal Costs
Material
Parent Company
Parties
Payment Date
Protected Disclosure
Relevant Period
Restricted Business
Settlement Payment
Settlement Sum
Statutory Claims
Subsidiary
Tax
Termination Date
Territory
Third Party
Waiver
Clauses
Interpretation
Termination
Settlement Payments
Tax Treatment
Independent Legal Advice
Waiver of Claims
Confidentiality
Non-Disparagement
Company Property
Post-Termination Restrictions
Reference
Announcements
Warranties
Tax Indemnity
Legal Costs
Continuing Obligations
Return of Property
Resignation from Offices
Outplacement Support
Garden Leave
Cooperation
Data Protection
Variation
Severability
Third Party Rights
Notices
Counterparts
Entire Agreement
Governing Law and Jurisdiction
Termination
Settlement Payments
Tax Treatment
Independent Legal Advice
Waiver of Claims
Confidentiality
Non-Disparagement
Company Property
Post-Termination Restrictions
Reference
Announcements
Warranties
Tax Indemnity
Legal Costs
Continuing Obligations
Return of Property
Resignation from Offices
Outplacement Support
Garden Leave
Cooperation
Data Protection
Variation
Severability
Third Party Rights
Notices
Counterparts
Entire Agreement
Governing Law and Jurisdiction
Relevant Industries
Financial Services
Technology
Manufacturing
Retail
Healthcare
Professional Services
Education
Construction
Telecommunications
Media and Entertainment
Public Sector
Hospitality
Pharmaceutical
Energy
Transportation
Relevant Teams
Human Resources
Legal
Finance
Executive Leadership
Operations
Administration
Compliance
Risk Management
Corporate Affairs
Industrial Relations
Relevant Roles
Chief Executive Officer
Managing Director
Senior Manager
Department Head
Project Manager
Sales Representative
Software Developer
Financial Analyst
HR Manager
Operations Manager
Marketing Executive
Account Manager
Technical Specialist
Administrative Officer
Research Scientist
Production Supervisor
Customer Service Representative
Business Development Manager
Finance Director
General Counsel
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