Exit Agreement for India

Exit Agreement Template for India

An Exit Agreement under Indian law is a comprehensive legal document that formalizes the termination of employment between an employer and employee. It outlines the terms and conditions of separation, including final settlements, statutory dues, confidentiality obligations, and mutual releases. The agreement ensures compliance with various Indian labor laws, including the Industrial Disputes Act 1947, Payment of Gratuity Act 1972, and other relevant legislation. It serves as a crucial document to prevent future disputes by clearly documenting all aspects of the employment termination, from financial settlements to post-employment obligations.

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What is a Exit Agreement?

The Exit Agreement is a critical document used in India when formally terminating an employment relationship, whether through resignation, mutual separation, or retirement. It serves as a comprehensive record of the separation terms, protecting both employer and employee interests. The agreement typically includes details about final settlements, statutory payments, benefits, confidentiality obligations, and post-employment restrictions. An Exit Agreement becomes particularly important in cases involving senior executives, sensitive positions, or complex compensation structures. The document must comply with Indian employment laws, including the Industrial Disputes Act, Payment of Gratuity Act, and various state-specific regulations. It helps prevent future disputes by clearly documenting all aspects of the separation and ensuring all legal requirements are met.

What sections should be included in a Exit Agreement?

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

2. Background: Brief context of employment relationship and reason for separation

3. Definitions: Key terms used throughout the agreement

4. Date of Separation: Clear statement of the effective date of employment termination

5. Final Settlement: Details of all payments including salary, benefits, and statutory dues

6. Release and Waiver: Mutual release from claims and liabilities

7. Confidentiality Obligations: Ongoing obligations regarding company confidential information

8. Company Property: Requirements for return of company assets and documents

9. Post-Employment Restrictions: Non-compete and non-solicitation provisions as applicable under Indian law

10. References: Agreement on how employment references will be handled

11. Governing Law and Jurisdiction: Specification of Indian law and relevant jurisdiction

12. Notices: Process for sending formal communications under the agreement

13. Execution: Signature blocks and execution formalities

What sections are optional to include in a Exit Agreement?

1. Equity/Stock Options: Treatment of outstanding equity compensation, applicable for employees with stock options or RSUs

2. International Benefits: Special provisions for expatriate employees or those with international benefits

3. Garden Leave: Provisions for garden leave period, typically used for senior executives

4. Cooperation in Transition: Requirements for knowledge transfer and transition assistance

5. Legal Fees: Provisions for payment of legal fees for agreement review

6. Outplacement Services: Details of any outplacement support being provided

7. Press Release/Communications: Agreed approach to internal and external communications about the exit

8. Dispute Resolution: Specific arbitration or mediation procedures

9. Benefits Continuation: Any continuation of medical or other benefits post-separation

10. Director Resignations: Required for employees who also held director positions

What schedules should be included in a Exit Agreement?

1. Schedule 1 - Final Settlement Calculation: Detailed breakdown of all payment components including statutory dues

2. Schedule 2 - Company Property List: Itemized list of company assets to be returned

3. Schedule 3 - Benefits Summary: Summary of benefits and their treatment post-separation

4. Schedule 4 - Equity Holdings Statement: Statement of outstanding equity compensation and vesting details

5. Appendix A - Statutory Declarations: Required declarations under various Indian labor laws

6. Appendix B - Release Form: Detailed release and waiver form as required by Indian law

7. Appendix C - Handover Checklist: Checklist for completion of exit formalities and handover

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

Jurisdiction

India

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
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Information Technology

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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