The Termination Of Employment Contract is a crucial document used when ending an employment relationship in Ireland, whether through resignation, redundancy, or other circumstances. It serves as a formal record of the agreed terms of separation and helps ensure compliance with Irish employment law, including the Unfair Dismissals Acts 1977-2015 and related legislation. The document typically includes essential details such as termination date, notice period, final payment calculations, confidentiality obligations, and post-employment restrictions. It's designed to protect both employer and employee interests while minimizing the risk of future disputes by clearly documenting all aspects of the termination agreement. This document is particularly important in the Irish context, where employment relationships are heavily regulated and proper documentation is essential for legal compliance.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief context of the employment relationship, including start date and current position
3. Definitions: Key terms used throughout the agreement, including 'Termination Date', 'Final Payment', etc.
4. Termination Date: Clear statement of when the employment will terminate
5. Notice Period: Details of notice period being given or payment in lieu of notice
6. Final Payment: Breakdown of final salary, accrued holiday pay, and other entitlements
7. Company Property: Requirements for return of company property and equipment
8. Confidentiality: Ongoing obligations regarding confidential information
9. Post-Termination Restrictions: Reminder of any existing post-termination restrictions from employment contract
10. Tax Provisions: Statement regarding tax treatment of payments
11. Full and Final Settlement: Confirmation that this represents full and final settlement of all claims
12. Governing Law: Confirmation that the agreement is governed by Irish law
1. Garden Leave: Include when employee is placed on garden leave during notice period
2. Redundancy Payment: Include when termination is due to redundancy, detailing statutory/enhanced redundancy payments
3. Reference: Include when agreed to provide a reference and its form
4. Legal Advice: Include when employee is advised to seek independent legal advice
5. Outplacement Support: Include when company is providing career transition services
6. Share Options/Benefits: Include when addressing treatment of existing share options or benefits
7. Internal/External Announcements: Include when specifying agreed communication about the departure
8. Assistance with Handover: Include when specific handover arrangements are required
1. Schedule 1 - Calculation of Final Payment: Detailed breakdown of all final payments including salary, holiday pay, and any other entitlements
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Post-Termination Restrictions: Full details of any post-termination restrictions that continue to apply
4. Appendix A - Reference Template: Agreed form of reference if applicable
5. Appendix B - Handover Document: Template or requirements for handover of responsibilities
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