The Termination Agreement Form is a crucial document used in Irish employment law contexts when formally ending an employment relationship by mutual agreement. It serves as a comprehensive record of the separation terms, protecting both employer and employee interests while ensuring compliance with Irish employment legislation. This document is particularly important in situations involving senior executives, redundancies, or when specific termination terms need to be negotiated. The agreement typically includes details about final payments, benefits, confidentiality obligations, and post-employment restrictions, while also addressing potential claims and providing clarity on reference provisions. It should be drafted in accordance with current Irish employment law requirements and may need to be reviewed by independent legal advisors to ensure its validity.
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1. Parties: Identifies the employer and employee entering into the termination agreement
2. Background: Sets out the context of the employment relationship and the circumstances leading to termination
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment and last working day if different
5. Payment Provisions: Details all payments due to the employee, including final salary, notice pay, and statutory entitlements
6. Company Property: Lists company property to be returned and deadline for return
7. Confidentiality Obligations: Reaffirms ongoing confidentiality obligations post-employment
8. Reference: Details the form and content of any reference to be provided
9. Tax Indemnity: Clarifies tax treatment of payments and associated responsibilities
10. Full and Final Settlement: Confirms the agreement represents full and final settlement of all claims
11. Governing Law: Specifies Irish law as governing law and jurisdiction
1. Garden Leave: Include when the employee will be placed on garden leave during the notice period
2. Post-termination Restrictions: Include when enforcing or varying existing post-termination restrictions
3. Legal Costs: Include when the employer is contributing to the employee's legal costs in reviewing the agreement
4. Outplacement Support: Include when providing career transition or outplacement services
5. Share Options/Awards: Include when addressing treatment of existing share options or awards
6. Independent Legal Advice: Include when the agreement waives statutory rights and requires independent legal advice
7. Announcements: Include when specifying agreed internal/external communications about the departure
8. Ongoing Cooperation: Include when requiring employee assistance with handover or future queries
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including basic pay, notice pay, statutory redundancy if applicable, and other entitlements
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Benefits Treatment: Details of treatment of benefits including health insurance, life insurance, company car etc.
4. Appendix A - Certificate of Independent Legal Advice: To be completed by the employee's legal advisor confirming advice given
5. Appendix B - Reference Template: Agreed form of reference to be provided
6. Appendix C - Resignation Letter: Template resignation letter if required for corporate governance purposes
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