Employee Release Form for Ireland

Employee Release Form Template for Ireland

A legally binding document governed by Irish employment law that formalizes the termination of employment between an employer and employee. This agreement outlines the terms of separation, including settlement payments, waiver of claims, and ongoing obligations. It ensures compliance with Irish employment legislation, including the Employment Rights Act 2015 and Employment Equality Acts 1998-2015, while protecting both parties' interests through clear documentation of agreed terms and conditions. The document typically includes provisions for confidentiality, return of company property, and confirmation of independent legal advice.

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What is a Employee Release Form?

The Employee Release Form is a crucial document in Irish employment law used to formalize the mutually agreed termination of employment relationships. It serves as a comprehensive settlement agreement that protects both employer and employee interests by clearly documenting the terms of separation, including financial settlements, confidentiality obligations, and waiver of potential claims. This document is typically used in situations involving redundancy, voluntary departure, or negotiated exits, ensuring compliance with Irish employment legislation and EU regulations. The form must be drafted with careful consideration of statutory requirements, particularly regarding independent legal advice and non-waivable rights. It should be customized based on the specific circumstances of the termination while maintaining its enforceability under Irish law.

What sections should be included in a Employee Release Form?

1. Parties: Identifies the employer and employee with full legal names and addresses

2. Background: Brief history of employment relationship and context for the release agreement

3. Definitions: Defines key terms used throughout the agreement including 'Claims', 'Effective Date', and 'Settlement Sum'

4. Termination Date: Clearly states the official end date of employment

5. Settlement Payment: Details of the settlement sum, payment method, and timing

6. Tax Indemnity: Employee's responsibility for tax liabilities on settlement payments

7. Release of Claims: Comprehensive release of all claims against the employer

8. Continuing Obligations: Ongoing obligations such as confidentiality and intellectual property rights

9. Company Property: Requirements for return of company property

10. Reference: Terms of employment reference to be provided

11. Legal Advice: Confirmation that employee has received independent legal advice

12. Governing Law: Specifies Irish law as governing law

13. Execution: Signature blocks and execution requirements

What sections are optional to include in a Employee Release Form?

1. Garden Leave: Include when employee is placed on garden leave before termination

2. Post-termination Restrictions: Include when enforcing non-compete or non-solicitation provisions

3. Share Options: Include when employee has share options or equity arrangements

4. Pension Arrangements: Include when specific pension considerations need to be addressed

5. Outplacement Support: Include when offering career transition services

6. Medical Insurance: Include when addressing continuation or termination of health benefits

7. Outstanding Loans: Include when there are company loans to be addressed

8. Resignation from Directorships: Include when employee holds corporate director positions

What schedules should be included in a Employee Release Form?

1. Schedule 1 - Settlement Payment Breakdown: Detailed breakdown of settlement sum components

2. Schedule 2 - Statutory Claims: List of specific statutory claims being waived

3. Schedule 3 - Company Property Checklist: Itemized list of company property to be returned

4. Schedule 4 - Agreed Form of Reference: Template of agreed employment reference

5. Appendix A - Legal Adviser's Certificate: Certificate from independent legal adviser confirming advice given

6. Appendix B - Resignation Letter: Template or copy of formal resignation letter

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

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What is a Employee Release Form?

What sections should be included in a Employee Release Form?

What sections are optional to include in a Employee Release Form?

What schedules should be included in a Employee Release Form?

Authors

Alex Denne

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