Neutral Reference Settlement Agreement for Singapore

Neutral Reference Settlement Agreement Template for Singapore

A legally binding agreement under Singapore law that establishes the terms and conditions for providing employment references following the conclusion of an employment relationship. The document outlines the agreed format and content of future references, ensures compliance with Singapore's Personal Data Protection Act, and includes provisions for confidentiality and non-disparagement. It serves as a mutual protection mechanism for both employer and employee, providing clarity and certainty regarding future employment references.

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What is a Neutral Reference Settlement Agreement?

The Neutral Reference Settlement Agreement is primarily used in Singapore when employment relationships conclude and parties wish to establish clear parameters for future employment references. This document is particularly relevant in situations involving sensitive departures, senior executives, or when parties want to ensure consistency in future references. It combines elements of employment law, data protection requirements, and contract law under Singapore's legal framework. The agreement typically includes specific provisions about reference content, confidentiality obligations, and mutual protections, while ensuring compliance with Singapore's Employment Act and Personal Data Protection Act.

What sections should be included in a Neutral Reference Settlement Agreement?

1. Parties: Identifies all parties to the agreement with full legal names and addresses

2. Background: Describes the context and circumstances leading to the settlement agreement

3. Definitions: Defines key terms used tHRoughout the agreement

4. Settlement Terms: Core terms of the settlement including reference provisions

5. Confidentiality: Terms regarding confidentiality of the agreement and its contents

6. Release of Claims: Mutual release of claims between parties

What sections are optional to include in a Neutral Reference Settlement Agreement?

1. Non-Disparagement: Additional provisions to prevent parties from making negative statements about each other. Include when reputation protection is a key concern.

2. Return of Property: Provisions for returning company property and assets. Include when physical or digital assets need to be returned.

3. Continuing Obligations: Specifies any ongoing duties of parties that survive the settlement. Include when certain obligations need to continue post-settlement.

What schedules should be included in a Neutral Reference Settlement Agreement?

1. Schedule 1: Agreed Reference Template: Standard format and content of future employment references

2. Schedule 2: Settlement Payment Details: Breakdown of any financial settlement terms and payment arrangements

3. Schedule 3: List of Released Claims: Comprehensive list of specific claims being released tHRough the settlement

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

Jurisdiction

Singapore

Publisher

Genie AI

Cost

Free to use
Industries

Employment Act (Cap. 91): Primary legislation governing employment relationships in Singapore, particularly relevant for termination provisions, employee rights, and requirements regarding employment records and references

Contracts Act (Cap. 53): Fundamental legislation governing contract formation, validity, consideration requirements, and legal capacity of parties in Singapore

Personal Data Protection Act 2012 (PDPA): Legislation governing the handling of personal information, including consent requirements for data sharing, data accuracy obligations, and protection of personal data in references

Common Law Principles: Legal principles established tHRough case law covering duty of care in providing references, defamation laws, and principles of confidentiality

Mediation Act 2017: Legislation governing mediation processes and enforceability of mediated settlements in Singapore

Evidence Act (Cap. 97): Legislation governing the admissibility of settlement agreements and documentation requirements in legal proceedings

Confidentiality Provisions: Key contractual elements requiring specific provisions to maintain confidentiality of the settlement terms and related information

Non-disparagement Clauses: Essential contractual provisions preventing parties from making negative statements about each other

Future Reference Terms: Specific provisions outlining the agreed format and content of employment references

Release of Claims: Provisions detailing the scope and extent of claims being released tHRough the settlement agreement

Data Protection Compliance: Requirements for ensuring the agreement complies with data protection laws and regulations

Enforcement Mechanisms: Provisions specifying how the agreement will be enforced and consequences of breach

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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