The Work Settlement Agreement is a crucial document used in Malta when an employment relationship is terminated by mutual consent. It serves as a legally binding contract that protects both employer and employee interests by clearly documenting the terms of separation, including financial settlements, confidentiality provisions, and release of claims. This agreement type is particularly important in the Maltese legal context, where it must comply with the Employment and Industrial Relations Act and other relevant legislation. It's commonly used in situations involving senior executives, redundancies, or when resolving workplace disputes. The document typically includes detailed provisions about settlement payments, tax treatment, continuing obligations, and waivers of claims, ensuring all aspects of the employment termination are properly addressed under Maltese law.
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and company registration details where applicable
2. Background: Brief history of employment relationship, reason for settlement, and context of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination Date: Specific date of employment termination and final working day details
5. Settlement Payments: Detailed breakdown of all payments, including statutory and ex-gratia payments, timing, and tax treatment
6. Tax Indemnity: Employee's responsibility for tax liability and indemnification of employer for tax-related claims
7. Waiver of Claims: Employee's waiver of all claims against the employer, with specific reference to Maltese employment laws
8. Company Property: Requirements for return of company property and confirmation of data deletion
9. Confidentiality: Obligations regarding confidentiality of the agreement and company information
10. Post-Termination Restrictions: Confirmation of continuing obligations under employment contract or new restrictions
11. Full and Final Settlement: Confirmation that the agreement represents full and final settlement of all claims
12. Governing Law: Confirmation that the agreement is governed by Maltese law
13. Execution: Signature blocks and execution requirements
1. Legal Advice: Confirmation that employee received independent legal advice - include when settlement involves complex terms or significant payments
2. Reference: Terms of employment reference to be provided - include when agreed as part of settlement
3. Outplacement Support: Details of any career transition services offered - include when part of settlement package
4. Medical Insurance: Continuation of medical benefits if applicable - include when extending health coverage
5. Share Options/Awards: Treatment of existing share options or awards - include when employee has share-based compensation
6. Garden Leave: Terms of any garden leave period - include when employee will be on garden leave
7. Announcement: Agreed internal/external communications about departure - include when public/internal announcement needed
8. Non-Disparagement: Mutual obligations not to make derogatory statements - include in sensitive departures
1. Schedule 1 - Payment Breakdown: Detailed itemization of all payments, including salary, notice pay, statutory redundancy, ex-gratia payments
2. Schedule 2 - Company Property List: Comprehensive list of company property to be returned
3. Schedule 3 - Continuing Obligations: Extract of relevant post-termination restrictions from employment contract
4. Schedule 4 - Agreed Reference: Template of agreed employment reference if applicable
5. Schedule 5 - Claims List: Specific list of statutory and contractual claims being settled
6. Appendix A - Legal Advisor's Certificate: Certificate from independent legal advisor confirming advice given
7. Appendix B - Resignation Letter: Template resignation letter if required as part of settlement
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