The Termination Agreement Form is a crucial document used in Irish employment law contexts when formally ending an employment relationship by mutual agreement. It serves as a comprehensive record of the separation terms, protecting both employer and employee interests while ensuring compliance with Irish employment legislation. This document is particularly important in situations involving senior executives, redundancies, or when specific termination terms need to be negotiated. The agreement typically includes details about final payments, benefits, confidentiality obligations, and post-employment restrictions, while also addressing potential claims and providing clarity on reference provisions. It should be drafted in accordance with current Irish employment law requirements and may need to be reviewed by independent legal advisors to ensure its validity.
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1. Parties: Identifies the employer and employee entering into the termination agreement
2. Background: Sets out the context of the employment relationship and the circumstances leading to termination
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment and last working day if different
5. Payment Provisions: Details all payments due to the employee, including final salary, notice pay, and statutory entitlements
6. Company Property: Lists company property to be returned and deadline for return
7. Confidentiality Obligations: Reaffirms ongoing confidentiality obligations post-employment
8. Reference: Details the form and content of any reference to be provided
9. Tax Indemnity: Clarifies tax treatment of payments and associated responsibilities
10. Full and Final Settlement: Confirms the agreement represents full and final settlement of all claims
11. Governing Law: Specifies Irish law as governing law and jurisdiction
1. Garden Leave: Include when the employee will be placed on garden leave during the notice period
2. Post-termination Restrictions: Include when enforcing or varying existing post-termination restrictions
3. Legal Costs: Include when the employer is contributing to the employee's legal costs in reviewing the agreement
4. Outplacement Support: Include when providing career transition or outplacement services
5. Share Options/Awards: Include when addressing treatment of existing share options or awards
6. Independent Legal Advice: Include when the agreement waives statutory rights and requires independent legal advice
7. Announcements: Include when specifying agreed internal/external communications about the departure
8. Ongoing Cooperation: Include when requiring employee assistance with handover or future queries
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including basic pay, notice pay, statutory redundancy if applicable, and other entitlements
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Benefits Treatment: Details of treatment of benefits including health insurance, life insurance, company car etc.
4. Appendix A - Certificate of Independent Legal Advice: To be completed by the employee's legal advisor confirming advice given
5. Appendix B - Reference Template: Agreed form of reference to be provided
6. Appendix C - Resignation Letter: Template resignation letter if required for corporate governance purposes
Relevant legal definitions
Agreement
Company
Confidential Information
Effective Date
Employee
Employment
Final Payment
Group Company
Intellectual Property Rights
Notice Period
Parties
Payment in Lieu of Notice
Personal Data
Restricted Business
Restricted Period
Settlement Sum
Statutory Claims
Termination Date
Termination Payment
Working Day
Garden Leave
Company Property
Benefits
Reference
Outstanding Claims
Accrued Rights
Board
Trade Secrets
Territory
Waiver
Company
Confidential Information
Effective Date
Employee
Employment
Final Payment
Group Company
Intellectual Property Rights
Notice Period
Parties
Payment in Lieu of Notice
Personal Data
Restricted Business
Restricted Period
Settlement Sum
Statutory Claims
Termination Date
Termination Payment
Working Day
Garden Leave
Company Property
Benefits
Reference
Outstanding Claims
Accrued Rights
Board
Trade Secrets
Territory
Waiver
Clauses
Interpretation
Termination
Final Payments
Tax Treatment
Company Property Return
Confidentiality
Non-Disparagement
Post-Termination Restrictions
Intellectual Property
Data Protection
Reference Provision
Legal Costs
Warranties
Full and Final Settlement
Waiver of Claims
Release
Garden Leave
Benefits Cessation
Announcements
Cooperation
Independent Legal Advice
Severability
Entire Agreement
Third Party Rights
Variation
Assignment
Notices
Counterparts
Governing Law and Jurisdiction
Termination
Final Payments
Tax Treatment
Company Property Return
Confidentiality
Non-Disparagement
Post-Termination Restrictions
Intellectual Property
Data Protection
Reference Provision
Legal Costs
Warranties
Full and Final Settlement
Waiver of Claims
Release
Garden Leave
Benefits Cessation
Announcements
Cooperation
Independent Legal Advice
Severability
Entire Agreement
Third Party Rights
Variation
Assignment
Notices
Counterparts
Governing Law and Jurisdiction
Relevant Industries
Technology
Financial Services
Manufacturing
Retail
Healthcare
Professional Services
Education
Construction
Telecommunications
Hospitality
Media and Entertainment
Pharmaceutical
Real Estate
Transportation and Logistics
Energy and Utilities
Relevant Teams
Human Resources
Legal
Finance
Executive Leadership
Operations
Information Technology
Sales
Marketing
Research and Development
Customer Service
Administration
Production
Quality Assurance
Compliance
Risk Management
Relevant Roles
Chief Executive Officer
Managing Director
Department Head
Senior Manager
Project Manager
Technical Lead
Sales Executive
Financial Controller
Operations Manager
HR Manager
Software Developer
Account Manager
Marketing Manager
Research Scientist
Legal Counsel
Administrative Officer
Production Supervisor
Customer Service Manager
Business Analyst
Regional Director
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