Employment Separation Agreement Template for Philippines

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Key Requirements PROMPT example:

Employment Separation Agreement

"I need an Employment Separation Agreement for a senior IT manager in Manila who is resigning effective March 15, 2025, with provisions for a 6-month non-compete clause and continued health benefits."

Document background
An Employment Separation Agreement is a crucial document used in the Philippines when formally ending an employment relationship, whether through resignation, termination, or mutual agreement. This document serves multiple purposes: it ensures compliance with Philippine labor laws, protects both employer and employee interests, and clearly documents the terms of separation including financial settlements, continuing obligations, and mutual releases. The agreement must align with the Labor Code of the Philippines and related employment regulations, making it essential for proper documentation of employee exits. It typically includes details about final pay, benefits, confidentiality requirements, and release of claims, while also addressing specific requirements under Philippine law such as clearance procedures and statutory declarations. This document becomes particularly important in cases involving senior employees, complex compensation structures, or situations requiring specific post-employment obligations.
Suggested Sections

1. Parties: Identification of the employer and employee, including their complete legal names and addresses

2. Background: Brief history of employment relationship, reason for separation, and context for the agreement

3. Definitions: Key terms used throughout the agreement, including 'Effective Date', 'Separation Date', 'Final Pay', etc.

4. Separation Terms: Details of the employment termination, including the effective date and nature of separation

5. Final Pay Computation: Breakdown of final salary, pro-rated benefits, and other monetary entitlements

6. Separation Benefits: Additional benefits or payments beyond statutory requirements

7. Release and Waiver: Mutual release of claims and liabilities between parties

8. Company Property: Requirements for return of company property and documentation

9. Confidentiality: Ongoing obligations regarding confidential information

10. Tax Provisions: Treatment of tax obligations for separation payments

11. General Provisions: Standard clauses including governing law, entire agreement, and amendment procedures

Optional Sections

1. Non-Competition: Restrictions on future employment, used when employee had access to sensitive information or clients

2. Non-Solicitation: Restrictions on soliciting employees or customers, included for management-level employees

3. Post-Employment Assistance: Terms of any transition support or consulting arrangements

4. Reference and Communication: Agreement on how departure will be communicated and reference provisions

5. Outstanding Stock Options: Treatment of any equity compensation, relevant for employees with stock options

6. Health Insurance Extension: Terms for continued health coverage, if offered beyond statutory requirements

7. Outplacement Services: Details of any career transition support provided

8. Dispute Resolution: Special procedures for resolving disputes, alternative to standard court proceedings

Suggested Schedules

1. Schedule A - Final Pay Calculation: Detailed computation of final pay including basic salary, pro-rated benefits, and deductions

2. Schedule B - Separation Benefits Computation: Calculation of separation pay and other additional benefits

3. Schedule C - Company Property Inventory: List of company properties to be returned

4. Schedule D - Clearance Requirements: Checklist of clearance requirements and responsible departments

5. Schedule E - Benefits Summary: Summary of continuing benefits and their duration post-employment

6. Appendix 1 - Statutory Declarations: Required statutory declarations under Philippine labor laws

7. Appendix 2 - Release and Quitclaim: Detailed release and quitclaim form as required by Philippine law

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

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Information Technology

Manufacturing

Retail

Healthcare

Education

Professional Services

Telecommunications

Business Process Outsourcing

Construction

Hospitality

Mining and Natural Resources

Transportation and Logistics

Media and Entertainment

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Administration

Research and Development

Production

Customer Service

Compliance

Corporate Communications

Facilities Management

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Department Manager

Senior Executive

Project Manager

Software Developer

Sales Representative

Human Resources Manager

Account Executive

Operations Manager

Research Analyst

Marketing Director

Administrative Officer

Technical Lead

Customer Service Representative

Financial Analyst

Production Supervisor

Regional Manager

Branch Manager

Executive Assistant

Industries
Labor Code of the Philippines (Presidential Decree No. 442): The primary legislation governing employment relationships, including termination procedures, separation pay, and other employment rights and obligations
Civil Code of the Philippines (Republic Act No. 386): Provides general provisions on contracts, obligations, and compromises that apply to separation agreements
Republic Act No. 1052 (Termination Pay Law): Requires employers to provide terminated employees with their termination pay and establishes the computation method for final pay
Republic Act No. 8282 (Social Security Law): Governs the settlement of social security obligations and benefits upon employment termination
National Internal Revenue Code: Covers the tax implications of separation pay and other termination benefits
Republic Act No. 7875 (National Health Insurance Act): Addresses PhilHealth coverage and obligations upon employment separation
Republic Act No. 7661 (Wage Rationalization Act): Relevant for calculating final pay and separation benefits based on salary standards
DOLE Department Order No. 147-15: Provides guidelines on the implementation of post-employment clearances and documentation requirements
Republic Act No. 1161 (Government Service Insurance System Act): Relevant for government employees' separation benefits and insurance coverage
Republic Act No. 7641 (Retirement Pay Law): May be relevant if the separation involves retirement or if retirement benefits need to be addressed in the agreement
Teams

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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