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1. Parties: Identification of the employer and employee, including full legal names, identification numbers, and addresses
2. Background: Context of the waiver, including the employment relationship, relevant dates, and circumstances leading to the waiver
3. Definitions: Clear definitions of key terms used in the agreement, including 'Claims', 'Effective Date', and any specific terms relevant to the waiver
4. Acknowledgments: Employee's confirmation of understanding the agreement, having time to review it, and opportunity to seek legal counsel
5. Consideration: Clear statement of what the employee is receiving in exchange for the waiver (e.g., settlement amount, benefits)
6. Scope of Release: Detailed description of what claims and rights are being waived, with explicit exclusions for non-waivable rights
7. Non-Admission: Statement that the agreement does not constitute admission of liability by either party
8. Governing Law: Confirmation that South African law governs the agreement and jurisdiction for disputes
9. Entire Agreement: Confirmation that this document represents the complete agreement between parties
10. Signatures: Execution clause with space for signatures, dates, and witnesses
1. Confidentiality: Required when the parties wish to keep the terms of the waiver confidential
2. Return of Company Property: Include when the waiver is part of employment termination and company property needs to be returned
3. Ongoing Obligations: Include when certain obligations (e.g., confidentiality, intellectual property) survive the waiver
4. Tax Indemnity: Include when settlement payments are involved to address tax implications
5. Revocation Period: Include when giving the employee a period to revoke acceptance of the agreement
6. Non-Disparagement: Include when parties agree not to make negative statements about each other
7. Reference Agreement: Include when arrangements for future employment references are part of the agreement
1. Schedule A - Settlement Amount: Detailed breakdown of any financial settlement, including payment terms and timing
2. Schedule B - Specific Claims: List of specific claims or disputes being settled through the waiver
3. Schedule C - Benefits Continuation: Details of any benefits that will continue post-employment
4. Appendix 1 - Certificate of Independent Legal Advice: Confirmation from legal counsel that employee received independent advice
5. Appendix 2 - Company Property Checklist: List of company property to be returned, if applicable
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Technology
Retail
Healthcare
Professional Services
Construction
Education
Telecommunications
Agriculture
Transportation
Energy
Hospitality
Media and Entertainment
Human Resources
Legal
Compliance
Risk Management
Employee Relations
Senior Management
Operations
Industrial Relations
Talent Management
Administration
Human Resources Director
HR Manager
Legal Counsel
Employment Relations Manager
Risk Manager
Compliance Officer
Operations Director
Chief Human Resources Officer
Employee Relations Specialist
HR Business Partner
Chief Legal Officer
General Counsel
HR Administrator
Talent Management Director
Chief Executive Officer
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