Mutual Consent Termination Template for Philippines

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Key Requirements PROMPT example:

Mutual Consent Termination

"I need a Mutual Consent Termination agreement for a senior software developer in our tech company who will be leaving amicably on March 15, 2025, including provisions for ongoing project intellectual property rights and a 3-month non-compete clause, compliant with Philippine law."

Document background
The Mutual Consent Termination agreement is a crucial document used in the Philippines when both employer and employee voluntarily agree to end their employment relationship. It is designed to comply with the Labor Code of the Philippines, Civil Code requirements, and DOLE regulations, providing a clear legal framework for amicable separation. This document is particularly important as it helps prevent future disputes by clearly documenting the voluntary nature of the termination, final settlements, benefits, and mutual releases. It should be used when both parties have reached an agreement on termination terms and wish to formalize their arrangement in compliance with Philippine law. The document typically includes provisions for final pay computation, clearance requirements, return of company property, and ongoing obligations such as confidentiality, making it essential for proper employment separation documentation.
Suggested Sections

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

2. Background: Brief history of employment relationship, including start date, position, and mutual decision to terminate

3. Definitions: Key terms used throughout the agreement

4. Effective Date of Termination: Clear statement of when the employment relationship will end

5. Mutual Agreement to Terminate: Express declaration that both parties voluntarily agree to terminate the employment relationship

6. Final Settlement: Details of final salary, benefits, and other compensation to be paid

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

8. Return of Company Property: Requirements and timeline for returning company assets and documents

9. Confidentiality: Ongoing obligations regarding confidential information

10. Governing Law: Specification that Philippine law governs the agreement

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Competition: Restrictions on future employment, if applicable and allowed under Philippine law

2. Reference and Employment Certificate: Terms regarding future employment references and certificate of employment

3. Outstanding Loans: Treatment of any existing employee loans or advances

4. Post-Employment Benefits: Details of any continuing benefits such as health insurance extension

5. Non-Solicitation: Restrictions on soliciting employees or customers

6. Tax Provisions: Special tax considerations or arrangements

7. Dispute Resolution: Alternative dispute resolution procedures

Suggested Schedules

1. Schedule A - Final Payment Computation: Detailed breakdown of final pay including salary, pro-rated benefits, and deductions

2. Schedule B - Company Property Inventory: List of company assets to be returned

3. Schedule C - Benefits Summary: Summary of any continuing or terminating benefits

4. Appendix 1 - Clearance Requirements: Checklist of clearance requirements from various departments

5. Appendix 2 - Certificate of Employment Template: Format of the employment certificate to be issued

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 Industries

Technology

Manufacturing

Financial Services

Retail

Healthcare

Education

Professional Services

Telecommunications

Real Estate

Construction

Hospitality

Media and Entertainment

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Corporate Secretariat

Operations

Finance

Payroll

Relevant Roles

HR Manager

HR Director

Legal Counsel

Employment Lawyer

HR Business Partner

Compliance Officer

HR Operations Manager

Chief Human Resources Officer

Employee Relations Manager

Company Secretary

General Counsel

Chief Legal Officer

HR Administrator

Compensation and Benefits Manager

Industries
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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