Resignation Settlement Agreement for Singapore

Resignation Settlement Agreement Template for Singapore

A legally binding agreement under Singapore law that formalizes the terms and conditions of an employee's resignation from their position. The document outlines final compensation, benefits, continuing obligations, and mutual releases between the employer and employee. It incorporates requirements under Singapore's Employment Act and related legislation, providing clarity and protection for both parties during the separation process.

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What is a Resignation Settlement Agreement?

The Resignation Settlement Agreement is a comprehensive document used in Singapore when an employee and employer wish to formally document the terms of separation tHRough resignation. This agreement typically becomes relevant when there's a need to clearly define the final settlement terms, continuing obligations, and mutual releases. It must comply with Singapore's Employment Act and related legislation, including CPF requirements and tax implications. The document helps prevent future disputes by clearly outlining all aspects of the separation, including final payments, confidentiality obligations, and any post-employment restrictions.

What sections should be included in a Resignation Settlement Agreement?

1. Parties: Identification of employer and employee with full legal names and addresses

2. Background: Employment history, context for resignation, and reference to original employment agreement

3. Definitions: Key terms used in the agreement including 'Termination Date', 'Final Payment', 'Confidential Information'

4. Termination Date: Specific date employment ends and confirmation of notice period requirements

5. Final Payment Terms: Details of all final payments including salary, bonus, benefits, CPF contributions and payment timing

6. Release of Claims: Mutual release of all claims between parties, including statutory and contractual claims

7. Confidentiality: Ongoing confidentiality obligations regarding agreement terms and company information

What sections are optional to include in a Resignation Settlement Agreement?

1. Non-Compete Provisions: Restrictions on future employment, typically used for senior employees or those with access to sensitive information

2. Non-Solicitation: Restrictions on approaching clients/employees, relevant for client-facing or management roles

3. Reference Provision: Terms of employment references and agreed communication regarding departure

4. Continuing Obligations: Specific obligations from employment contract that survive termination

5. Tax Indemnity: Employee's responsibility for personal tax obligations on payments

What schedules should be included in a Resignation Settlement Agreement?

1. Schedule 1 - Payment Calculation: Detailed breakdown of final payment amounts including salary, leave, bonuses and other entitlements

2. Schedule 2 - Company Property: Comprehensive list of company property to be returned by termination date

3. Schedule 3 - Continuing Obligations: Specific clauses from employment contract that survive termination

4. Appendix A - Form of Release: Standard form of release to be signed upon receipt of final payment

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 (Chapter 91): Primary legislation governing employment relationships in Singapore, covering basic terms and conditions, notice periods, salary and leave entitlements. 2019 amendments extended core provisions to all employees.

Central Provident Fund Act (Chapter 36): Regulates mandatory social security savings system, including CPF contributions obligations and treatment of final CPF payments during employment termination.

Income Tax Act (Chapter 134): Governs tax treatment of settlement payments and associated reporting obligations for both employer and employee.

Personal Data Protection Act 2012: Regulates the collection, use, disclosure and care of personal data, including requirements for data retention and handling of employee information post-employment.

Industrial Relations Act (Chapter 136): Regulates relations between employers and trade unions, particularly relevant if employee is union member or covered by collective agreements.

Employment Claims Act 2016: Establishes framework for employment dispute resolution and sets statutory limits on employment-related claims.

Retirement and Re-employment Act: Addresses retirement age and re-employment obligations, particularly relevant for settlement agreements with older employees.

Work Injury Compensation Act: Governs work injury compensation and insurance requirements, crucial if settlement involves workplace injury claims.

Confidentiality Provisions: Contractual elements regarding ongoing confidentiality obligations post-employment.

Non-Compete/Non-Solicitation: Restrictive covenants limiting former employee's competitive activities and client/employee solicitation.

Release of Claims: Mutual release and waiver of claims between employer and employee.

Final Payment Terms: Specific provisions detailing final salary, benefits, and any additional settlement payments.

Company Property: Requirements for return of company assets, documents, and intellectual property.

Post-Employment Obligations: Ongoing duties and responsibilities of the employee after 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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