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1. Parties: Identifies the employer and employee, including their legal addresses and registration details
2. Background: Sets out the context of the agreement, including the employee's current position and reason for the retention bonus offer
3. Definitions: Defines key terms used throughout the agreement including 'Retention Period', 'Retention Bonus', 'Cause', 'Good Reason', and 'Severance Payment'
4. Retention Period: Specifies the duration during which the employee must remain employed to receive the retention bonus
5. Retention Bonus: Details the amount of the retention bonus, payment schedule, and conditions for earning the bonus
6. Severance Benefits: Outlines the severance package components, including payment calculation method and timing
7. Conditions for Payment: Specifies the circumstances under which the retention bonus and severance benefits will or will not be paid
8. Tax Matters: Addresses tax implications and responsibilities for both retention bonus and severance payments
9. Confidentiality: Requires the employee to maintain confidentiality about the agreement terms and company information
10. Non-Disparagement: Prohibits both parties from making negative statements about each other
11. Governing Law: Specifies that Indian law governs the agreement and identifies relevant jurisdiction
12. Dispute Resolution: Establishes the process for resolving any disputes related to the agreement
13. General Provisions: Contains standard clauses including amendments, notices, and entire agreement provisions
1. Non-Competition: Restricts the employee from working with competitors for a specified period - include when protecting business interests is crucial
2. Non-Solicitation: Prevents the employee from soliciting customers or employees - include for senior positions or client-facing roles
3. Release of Claims: Employee's waiver of legal claims against the employer - include when severance is part of a separation agreement
4. Outplacement Services: Provision of career transition support - include when offering comprehensive severance packages
5. Benefits Continuation: Details about continuation of health insurance and other benefits - include when extending benefits beyond termination
6. Return of Company Property: Requirements for returning company assets - include when employee has access to significant company property
7. Cooperation Post-Employment: Obligations to assist with transition or future inquiries - include for key positions or ongoing projects
1. Schedule A - Retention Bonus Calculation: Detailed formula and examples of how the retention bonus will be calculated, including any pro-rating provisions
2. Schedule B - Severance Benefits Calculation: Breakdown of severance package components and calculation methodology
3. Schedule C - Release Agreement: Form of release agreement to be signed upon termination
4. Schedule D - Company Property Inventory: List of company property in employee's possession to be returned
5. Appendix 1 - Compliance Certificate: Form of compliance certificate to be signed before bonus payment
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