The Termination Of Contract Of Employment is a vital legal document used in Ireland when ending an employment relationship. It becomes necessary when either party initiates the termination process, whether through resignation, redundancy, mutual agreement, or dismissal. The document ensures compliance with Irish employment law, including the Unfair Dismissals Acts 1977-2015, Minimum Notice requirements, and other relevant legislation. It typically includes essential information such as termination date, final payments, benefit arrangements, property return protocols, and post-employment obligations. This agreement serves to protect both employer and employee interests by clearly documenting the terms of separation and helping prevent future disputes. It should be customized based on the specific circumstances of the termination while maintaining compliance with Irish employment law requirements.
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1. Parties: Identifies the employer and employee, including their full legal names and addresses
2. Background: Brief overview of the employment relationship, including start date and current position
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the effective date of termination and last working day
5. Final Payment: Details of final salary, outstanding benefits, and payment timing
6. Company Property: Requirements for returning company property and equipment
7. Confidentiality: Ongoing obligations regarding confidential information
8. Reference: Terms regarding the provision of employment references
9. Tax Implications: Statement regarding tax treatment of payments
10. Governing Law: Confirms Irish law governs the agreement
11. Signatures: Execution clause and signature blocks for both parties
1. Garden Leave: Used when employee is required to serve notice period away from workplace
2. Redundancy Payment: Include when termination is due to redundancy, detailing statutory and any enhanced payments
3. Non-Compete Clauses: Post-employment restrictions, if applicable and reasonable
4. Legal Representation: Confirmation that employee had opportunity to seek independent legal advice
5. Mutual Release: Used in settlement agreements to release both parties from claims
6. Outplacement Support: Details of any career transition services offered
7. Share Options/Benefits: Treatment of outstanding share options or long-term benefits
8. Notice Pay: Include when payment in lieu of notice is being made
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including salary, benefits, and statutory entitlements
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Outstanding Benefits: Details of any pro-rated bonuses, commission, or other benefits
4. Appendix A - Statutory Rights: Summary of employee's statutory rights and entitlements
5. Appendix B - Post-Employment Restrictions: Detailed terms of any continuing obligations or restrictions
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