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Exit Agreement
"I need an Exit Agreement for a senior software developer in Manila who will be leaving to join a competitor on March 15, 2025, and we need strong non-compete and IP protection clauses with a comprehensive handover plan."
1. Parties: Identification of the employer and employee entering into the exit agreement
2. Background: Brief context of the employment relationship and reason for separation
3. Definitions: Key terms used throughout the agreement
4. Effective Date of Separation: Clear statement of when the employment relationship ends
5. Final Payments and Benefits: Details of separation pay, pro-rated bonuses, and other financial entitlements
6. Company Property: Requirements for return of company assets and property
7. Confidentiality Obligations: Ongoing obligations regarding confidential information
8. Release and Waiver: Mutual release of claims between parties
9. Tax Provisions: Treatment of tax obligations for separation payments
10. Governing Law: Specification of Philippine law as governing law
11. Execution: Signature blocks and execution requirements
1. Non-Competition: Include when there's a need to restrict the employee's future employment activities, subject to Philippine law limitations
2. Non-Solicitation: Include when protecting against solicitation of employees or customers is important
3. Shareholding Arrangements: Include when the departing employee holds shares in the company
4. Intellectual Property Rights: Include when the employee was involved in creating IP or has access to company IP
5. Reference and Announcements: Include when parties want to agree on how the departure will be communicated
6. Continuing Obligations: Include when specific ongoing duties need to be maintained post-employment
7. Legal Fees: Include when there's an agreement about who bears the legal costs
8. Transition Arrangements: Include when the employee needs to assist with handover of responsibilities
1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all final payments including basic salary, benefits, and deductions
2. Schedule 2 - Company Property Checklist: List of all company property to be returned
3. Schedule 3 - Confidential Information: Specific details of confidential information covered by continuing obligations
4. Schedule 4 - Benefits Summary: Summary of any continuing benefits or insurance coverage
5. Appendix A - Clearance Form: Standard company clearance form as required by DOLE
6. Appendix B - Certificate of Employment: Draft certificate of employment to be issued
7. Appendix C - Share Transfer Documents: If applicable, documents relating to share transfers or stock options
Authors
Company
Confidential Information
Effective Date of Separation
Employee
Final Payment
Intellectual Property Rights
Last Working Day
Non-Competition Period
Non-Solicitation Period
Parties
Release
Separation Benefits
Separation Pay
Company Property
Continuing Obligations
Clearance Requirements
Group
Business
Trade Secrets
Cause
Claims
Encumbrance
Protected Information
Restrictive Covenants
Settlement Sum
Statutory Benefits
Surviving Provisions
Tax
Termination Certificate
Working Hours
Company Policies
Proprietary Rights
Related Companies
Severance Package
Personal Data
Outstanding Obligations
Accrued Benefits
Final Settlement
Employment Contract
Termination of Employment
Final Payments
Separation Benefits
Company Property Return
Confidentiality
Non-Competition
Non-Solicitation
Release and Waiver
Tax Provisions
Post-Employment Obligations
Reference and Announcements
Legal Compliance
Data Protection
Intellectual Property
Share Transfers
Clearance Requirements
Mutual Representations
Non-Disparagement
Transition Assistance
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Assignment
Notices
Further Assurance
Costs
Counterparts
Banking and Finance
Technology
Manufacturing
Retail
Professional Services
Healthcare
Education
Real Estate
Telecommunications
Business Process Outsourcing
Construction
Energy
Mining
Agriculture
Transportation and Logistics
Human Resources
Legal
Finance
Compliance
Executive Management
Corporate Secretariat
Risk Management
Operations
Administration
Chief Executive Officer
Chief Financial Officer
Managing Director
Department Head
Senior Manager
Regional Manager
Project Manager
Technical Lead
Senior Developer
Sales Director
Account Manager
HR Manager
Financial Controller
Operations Manager
Research Scientist
Legal Counsel
Marketing Director
Branch Manager
Executive Assistant
Department Supervisor
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