Severance Pay Agreement Template for Philippines

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Key Requirements PROMPT example:

Severance Pay Agreement

"I need a Severance Pay Agreement under Philippine law for a senior technology executive being terminated due to company restructuring, with provision for stock options and extended health benefits until March 2025."

Document background
The Severance Pay Agreement is a crucial document used in the Philippines when formalizing an employee's separation from employment, whether due to redundancy, restructuring, or other legitimate business reasons. It must comply with the Labor Code of the Philippines and related DOLE regulations, which set minimum requirements for separation benefits. The agreement typically includes detailed calculations of severance pay based on factors such as length of service, salary, and position level, while also addressing tax implications, benefit continuations, and mutual releases. This document serves as protection for both employer and employee, ensuring clear documentation of all separation terms and preventing future disputes. It's particularly important in the Philippine context where employment rights are strongly protected and proper documentation of separation terms is essential for legal compliance.
Suggested Sections

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

2. Background: Brief context of the employment relationship, including start date, position, and reason for separation

3. Definitions: Key terms used in the agreement, including 'Effective Date', 'Separation Date', 'Severance Pay', and other relevant terms

4. Severance Payment: Detailed description of the severance amount, calculation method, and payment schedule

5. Tax Treatment: Clarification of tax obligations and withholding requirements per Philippine tax laws

6. Release and Waiver: Employee's release of claims against the employer upon receipt of severance pay

7. Confidentiality: Obligations regarding non-disclosure of agreement terms and company information

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

9. Final Settlement: Confirmation that the severance payment represents full and final settlement

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

11. Entire Agreement: Statement that this document represents the complete agreement between parties

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Compete Provisions: Restrictions on future employment, if applicable and reasonable under Philippine law

2. Continuing Benefits: Any extension of health insurance or other benefits beyond separation date

3. Reference Letter: Terms regarding the provision of employment references

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

5. Stock Options/Equity: Treatment of any outstanding equity compensation

6. Prorated Bonuses: Calculation and payment of any pro-rated bonuses or incentives

7. Legal Consultation: Provision for employee's right to seek legal counsel before signing

8. Dispute Resolution: Alternative dispute resolution procedures if parties prefer to avoid court litigation

Suggested Schedules

1. Schedule A - Severance Calculation: Detailed breakdown of severance pay calculation including base salary, years of service, and any multipliers

2. Schedule B - Payment Schedule: If payment is to be made in installments, detailed payment dates and amounts

3. Schedule C - Benefits Summary: List of any continuing benefits and their duration

4. Schedule D - Company Property Checklist: Itemized list of company property to be returned

5. Appendix 1 - Acknowledgment of Rights: Employee's acknowledgment of rights under Philippine labor laws

6. Appendix 2 - Tax Computation: Detailed breakdown of tax treatment and calculations

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
Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Professional Services

Education

Construction

Telecommunications

Business Process Outsourcing

Mining

Energy

Agriculture

Transportation

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Executive Management

Operations

Administration

Compliance

Corporate Governance

Employee Relations

Compensation and Benefits

Relevant Roles

Chief Executive Officer

Chief Human Resources Officer

HR Manager

Legal Counsel

Department Director

Senior Manager

Operations Manager

Finance Manager

Project Manager

Senior Executive

Regional Manager

Branch Manager

Account Manager

Technical Lead

Administrative Head

Program Director

Division Chief

Supervisor

Team Leader

Department Head

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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