The End of Employment Contract is a crucial document used in the Philippines when formally concluding an employment relationship, whether through resignation, retirement, or mutual agreement. This document is essential for ensuring compliance with Philippine Labor Code requirements and Department of Labor and Employment (DOLE) regulations. It serves multiple purposes: documenting the agreed-upon termination date, outlining the computation and payment of final wages and benefits, establishing procedures for company property return, maintaining confidentiality post-employment, and providing mutual release of claims. The contract must be carefully drafted to address all statutory requirements while protecting both employer and employee interests, particularly considering specific Philippine labor law provisions regarding separation pay, final settlements, and clearance procedures.
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1. Parties: Identification of the employer and employee, including their complete legal names and addresses
2. Background: Brief history of employment relationship, including original hire date, position, and context for termination
3. Definitions: Definitions of key terms used throughout the document
4. Effective Date of Termination: Clear statement of the last day of employment
5. Final Pay Computation: Detailed breakdown of final salary, pro-rated benefits, and other monetary entitlements
6. Settlement of Benefits: Terms and timeline for payment of all due benefits including separation pay if applicable
7. Company Property: List of company properties to be returned and process for return
8. Clearance Requirements: Process and requirements for obtaining clearance from various departments
9. Confidentiality Obligations: Ongoing obligations regarding confidential information post-employment
10. Release and Quitclaim: Mutual release of claims and liabilities between parties
11. Governing Law: Specification of Philippine law as governing law and relevant jurisdiction
12. Execution: Signature blocks and execution requirements
1. Retirement Benefits: Include when termination is due to retirement, detailing specific retirement benefits under RA 7641
2. Non-Compete Clause: Include when there are reasonable restrictions on future employment, subject to Philippine law limitations
3. Post-Employment Medical Benefits: Include when extended medical benefits are being offered post-employment
4. Stock Options/Share Rights: Include when employee has outstanding stock options or share rights that need to be addressed
5. Transition Responsibilities: Include when employee needs to complete knowledge transfer or training of replacement
6. References: Include when specifying terms for providing employment references
7. Continuing Obligations: Include when there are specific ongoing obligations beyond standard confidentiality requirements
8. Dispute Resolution: Include when specific dispute resolution procedures are agreed upon
1. Schedule A - Final Pay Computation: Detailed calculation of final pay including basic salary, pro-rated benefits, deductions, and tax computations
2. Schedule B - Company Property Checklist: Itemized list of company properties to be returned with their conditions
3. Schedule C - Clearance Form: Standard clearance form with sign-off requirements from various departments
4. Schedule D - Benefits Summary: Summary of all benefits and their status post-employment
5. Appendix 1 - Exit Interview Form: Standard exit interview documentation
6. Appendix 2 - Certificate of Employment Template: Template for the certificate of employment to be issued
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