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Mutual Termination Of Employment Contract

Mutual Termination Of Employment Contract Template for Philippines

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Key Requirements PROMPT example:

Mutual Termination Of Employment Contract

"I need a Mutual Termination of Employment Contract for a senior software developer who's agreed to leave amicably on March 15, 2025, with a provision for a 3-month consultancy period to help transition their ongoing projects."

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Document background
The Mutual Termination of Employment Contract is a crucial document used when both employer and employee in the Philippines agree to end their employment relationship amicably. This type of agreement is particularly relevant in situations where a clean break is desired, such as during company restructuring, career transitions, or when both parties seek to formalize an amicable separation. The document must comply with Philippine labor laws, including the Labor Code and Department of Labor and Employment (DOLE) regulations. It typically includes comprehensive details about final settlements, benefit computations, clearance procedures, and ongoing obligations. The agreement provides legal protection for both parties by clearly documenting the voluntary nature of the termination and preventing future disputes. It's essential to ensure all mandatory requirements under Philippine employment law are met, including proper computation of final pay, benefits, and necessary clearances.
Suggested Sections

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

2. Background: Brief history of employment relationship, including original employment date, position, and reference to original employment contract

3. Definitions: Key terms used in the agreement including 'Effective Date', 'Final Settlement', 'Clearance', etc.

4. Mutual Agreement to Terminate: Clear statement of mutual consent to terminate the employment relationship and the effective date

5. Final Settlement: Details of final pay computation, including salary, pro-rated benefits, and other entitlements

6. Release and Quitclaim: Mutual release of claims and liabilities between parties

7. Return of Company Property: Requirements for returning company assets, documents, and other properties

8. Confidentiality Obligations: Ongoing obligations regarding confidential information post-termination

9. Governing Law: Specification that the agreement is governed by Philippine law

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Competition: Include when the original employment contract contained non-compete provisions that will survive termination

2. Reference Letter: Include when parties agree on the provision of employment references

3. Outstanding Projects Handover: Include when employee needs to complete or hand over specific projects

4. Benefits Continuation: Include when certain benefits will continue post-termination

5. Retirement Benefits: Include for employees who qualify for retirement benefits

6. Consultancy Arrangement: Include when parties agree to a post-employment consultancy relationship

Suggested Schedules

1. Schedule A - Computation of Final Settlement: Detailed breakdown of all payments including basic salary, pro-rated 13th month pay, unused leave, and other benefits

2. Schedule B - Company Property Checklist: List of all company property to be returned

3. Schedule C - Clearance Requirements: Checklist of clearance requirements from various departments

4. Appendix 1 - Original Employment Contract: Copy of the original employment contract being terminated

5. Appendix 2 - Certificate of Employment: Standard certificate of employment to be issued upon completion of clearance

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Effective Date
Original Employment Contract
Company
Employee
Final Settlement
Separation Benefits
Confidential Information
Company Property
Clearance Certificate
Final Pay
13th Month Pay
Release and Quitclaim
Separation Date
Notice Period
Terminal Benefits
Outstanding Obligations
Statutory Benefits
Intellectual Property Rights
Trade Secrets
Governing Law
Working Day
Cause of Action
Claims
Personnel File
Certificate of Employment
Accrued Benefits
Settlement Period
Parties
Clauses
Mutual Consent
Termination Date
Final Settlement
Computation of Benefits
Release and Quitclaim
Confidentiality
Non-Disclosure
Return of Property
Intellectual Property
Non-Competition
Non-Solicitation
Final Payments
Tax Implications
Clearance Requirements
Benefits Settlement
Reference Provision
Continuing Obligations
Severability
Entire Agreement
Governing Law
Dispute Resolution
Amendment
Notices
Waiver
Assignment
Force Majeure
Representation and Warranties
Indemnification
Third Party Rights
Counterparts
Relevant Industries

Manufacturing

Information Technology

Business Process Outsourcing

Financial Services

Retail

Healthcare

Education

Construction

Hospitality

Professional Services

Telecommunications

Agriculture

Mining

Transportation

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Labor Relations

Corporate Secretariat

Administration

Compensation and Benefits

People Operations

Talent Management

Relevant Roles

HR Director

HR Manager

Legal Counsel

Compliance Officer

Department Manager

HR Business Partner

Employment Lawyer

Labor Relations Manager

HR Specialist

Compensation and Benefits Manager

Employee Relations Manager

Chief Human Resources Officer

HR Administrator

Legal Manager

Corporate Secretary

Industries
Labor Code of the Philippines (Presidential Decree No. 442): Primary legislation governing employment relationships, including provisions on termination of employment, separation benefits, and procedural requirements
Civil Code of the Philippines (Republic Act No. 386): Contains provisions on contracts, mutual consent, and general obligations that apply to employment agreements and their termination
DOLE Department Order No. 147-15: Guidelines on the requirements and procedures for the payment of final pay/wages and other monetary claims of workers
Republic Act No. 1161 (Social Security Law): Provisions regarding final SSS contributions and benefits upon employment termination
National Internal Revenue Code: Tax implications and requirements for terminal pay and separation packages
DOLE Department Order No. 183-17: Revised rules on the administration and enforcement of labor laws, including clearance procedures
Republic Act No. 7875 (PhilHealth Law): Requirements regarding PhilHealth coverage and contributions upon employment termination
Republic Act No. 9679 (Home Development Mutual Fund Law): Provisions regarding Pag-IBIG Fund contributions and benefits upon employment termination
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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