The Termination Of Employment document is a crucial legal instrument used in Ireland when ending an employment relationship, whether through resignation, redundancy, or dismissal. It serves as a formal record of the separation terms and helps ensure compliance with Irish employment legislation, including the Unfair Dismissals Acts 1977-2015 and related employment laws. The document should be used whenever an employment relationship is being terminated to clearly document the terms of separation, protect both parties' interests, and minimize the risk of future disputes. It typically includes essential information such as termination date, notice period, final payments, treatment of benefits, and post-employment obligations. This document is particularly important in the Irish context due to specific statutory requirements regarding notice periods, redundancy payments, and fair procedures in dismissal cases.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief overview of employment history, including start date, position, and reason for termination
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Clear statement of the effective date of employment termination
5. Notice Period: Details of notice period being given or payment in lieu of notice
6. Final Payment: Breakdown of final salary, including any outstanding wages, bonuses, commission, and holiday pay
7. Company Property: List of company property to be returned and deadline for return
8. Confidentiality Obligations: Ongoing obligations regarding confidential information
9. Tax Treatment: Statement regarding tax treatment of payments and employee's responsibility
10. Full and Final Settlement: Confirmation that the agreement represents full and final settlement
11. Governing Law: Confirmation that the agreement is governed by Irish law
1. Redundancy Payment: Required if termination is due to redundancy, detailing statutory and any enhanced redundancy payments
2. Post-Termination Restrictions: Include if there are existing restrictive covenants to be enforced or modified
3. Reference: Terms regarding the provision of future employment references
4. Garden Leave: Include if employee will be placed on garden leave during notice period
5. Outplacement Support: Include if company is providing career transition services
6. Legal Fees: Include if employer is contributing to employee's legal fees for reviewing the agreement
7. Medical Insurance: Include if there are provisions for continuation or termination of medical benefits
8. Share Options/LTIP: Required if employee participates in share schemes or long-term incentive plans
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments due to the employee
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Outstanding Benefits: Details of any benefits and their treatment post-termination
4. Appendix A - Employee Acknowledgment: Form for employee to acknowledge receipt of all final payments and return of company property
5. Appendix B - Certificate of Service: Standard certificate confirming dates of employment and position held
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