An End of Service Agreement is a crucial document used in Ireland when formally concluding an employment relationship. It is typically implemented in situations involving voluntary resignation, mutual separation, or redundancy, providing a legally binding framework that protects both employer and employee interests. The document ensures compliance with Irish employment law, including key legislation such as the Unfair Dismissals Acts, Redundancy Payments Acts, and Minimum Notice and Terms of Employment Acts. It comprehensively addresses all aspects of the employment termination, including financial settlements, statutory entitlements, continuing obligations, and mutual releases. This agreement is particularly important in scenarios involving senior executives, redundancy situations, or where there might be potential disputes, as it provides clarity and certainty regarding the terms of separation while mitigating legal risks for all parties involved.
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1. Parties: Identifies the employer and employee entering into the agreement
2. Background: States the context of the agreement, including employment history and reason for termination
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment and final working day
5. Final Payment: Details the calculation and payment of final salary, accrued holiday pay, and other statutory entitlements
6. Severance Payment: Outlines any ex-gratia payments or statutory redundancy payments
7. Tax Treatment: Explains the tax implications of various payments and employer's tax withholding obligations
8. Company Property: Lists requirements for returning company property and documents
9. Confidentiality Obligations: Reaffirms ongoing confidentiality obligations post-employment
10. Full and Final Settlement: Confirms that the agreement represents full and final settlement of all claims
11. Employee Warranties: Employee confirmations regarding return of property, confidential information, and other matters
12. Legal Advice: Confirms that the employee has received independent legal advice on the agreement
13. Governing Law: Specifies that Irish law governs the agreement
1. Garden Leave: Used when the employee is required to serve their notice period away from the workplace
2. Post-termination Restrictions: Includes non-compete and non-solicitation clauses, particularly relevant for senior employees
3. Share Options/Awards: Addresses treatment of existing share options or awards, if applicable
4. Pension Arrangements: Details handling of pension benefits, particularly for long-service employees
5. Medical Insurance: Addresses continuation or termination of medical insurance benefits
6. Reference: Includes agreed form of reference to be provided to future employers
7. Outplacement Support: Details any career transition services being provided
8. Director Resignations: Required for employees who also held director positions
9. Intellectual Property Rights: Specific provisions for employees involved in creative or innovative work
10. Public Announcements: Agreement on how the departure will be communicated, typically for senior positions
1. Schedule 1 - Payment Calculations: Detailed breakdown of all payments including statutory, contractual, and ex-gratia amounts
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Continuing Obligations: Reference to specific clauses from employment contract that survive termination
4. Schedule 4 - Agreed Form of Reference: Template of agreed employment reference
5. Schedule 5 - Share Option Details: Details of any share options and their treatment
6. Appendix A - Legal Advisor's Certificate: Certificate from independent legal advisor confirming advice given
7. Appendix B - Director Resignation Letters: Template resignation letters from directorship positions
Relevant legal definitions
Agreement
Board
Business
Company
Company Property
Confidential Information
Effective Date
Employee
Employment Contract
Final Payment
Garden Leave
Group
Intellectual Property Rights
Legal Advisor
Notice Period
Parties
Payment Date
Protected Disclosure
Restricted Business
Restricted Client
Restricted Period
Severance Payment
Statutory Claims
Surviving Provisions
Termination Date
Termination Payment
Territory
Unused Holiday Pay
Waiver
Board
Business
Company
Company Property
Confidential Information
Effective Date
Employee
Employment Contract
Final Payment
Garden Leave
Group
Intellectual Property Rights
Legal Advisor
Notice Period
Parties
Payment Date
Protected Disclosure
Restricted Business
Restricted Client
Restricted Period
Severance Payment
Statutory Claims
Surviving Provisions
Termination Date
Termination Payment
Territory
Unused Holiday Pay
Waiver
Clauses
Interpretation
Termination
Final Payments
Severance
Tax Obligations
Company Property Return
Confidentiality
Data Protection
Intellectual Property
Post-termination Restrictions
Non-compete
Non-solicitation
Garden Leave
References
Continuing Obligations
Full and Final Settlement
Waiver of Claims
Legal Advice
Warranties and Representations
Public Announcements
Director Resignations
Return of Documents
Pension Rights
Share Options
Medical Benefits
Outplacement Support
Mutual Cooperation
No Admission of Liability
Severability
Entire Agreement
Variation
Third Party Rights
Notices
Counterparts
Governing Law and Jurisdiction
Termination
Final Payments
Severance
Tax Obligations
Company Property Return
Confidentiality
Data Protection
Intellectual Property
Post-termination Restrictions
Non-compete
Non-solicitation
Garden Leave
References
Continuing Obligations
Full and Final Settlement
Waiver of Claims
Legal Advice
Warranties and Representations
Public Announcements
Director Resignations
Return of Documents
Pension Rights
Share Options
Medical Benefits
Outplacement Support
Mutual Cooperation
No Admission of Liability
Severability
Entire Agreement
Variation
Third Party Rights
Notices
Counterparts
Governing Law and Jurisdiction
Relevant Industries
Financial Services
Technology
Manufacturing
Retail
Healthcare
Professional Services
Education
Construction
Telecommunications
Pharmaceuticals
Energy
Media and Entertainment
Transportation and Logistics
Real Estate
Hospitality
Relevant Teams
Human Resources
Legal
Finance
Payroll
Compliance
Senior Management
Board of Directors
Operations
Administration
Relevant Roles
Chief Executive Officer
Managing Director
Department Head
Senior Manager
Project Manager
Software Developer
Financial Analyst
Sales Representative
Human Resources Manager
Operations Manager
Marketing Director
Account Executive
Research Scientist
Product Manager
Administrative Assistant
Technical Lead
Customer Service Representative
Business Development Manager
Legal Counsel
Systems Engineer
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