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Work Separation Agreement
"I need a Work Separation Agreement under Hong Kong law for a departing Chief Technology Officer who holds significant share options and will be subject to a 12-month non-compete period, with provisions for ongoing consultation during litigation matters."
1. Parties: Identification of the employer and employee
2. Background: Brief history of employment relationship and reason for separation agreement
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date of employment termination and final working day arrangements
5. Separation Payments: Details of final salary, severance pay, and other statutory payments
6. Tax Treatment: Tax implications and responsibilities for separation payments
7. Company Property: Requirements for return of company property and documents
8. Confidentiality Obligations: Ongoing confidentiality requirements post-employment
9. Release of Claims: Mutual release of claims between parties
10. Post-Termination Restrictions: Enforcement of existing non-compete and non-solicitation obligations
11. References: Agreement on handling of employment references
12. Full and Final Settlement: Confirmation that the agreement represents full settlement of all claims
13. Governing Law: Specification of Hong Kong law as governing law
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
1. Garden Leave: Used when employee is placed on garden leave during notice period
2. Share Options/Awards: Required when employee has outstanding share options or awards
3. Directorship Resignations: Needed for employees who hold director positions
4. Outplacement Support: When company provides career transition services
5. Insurance Continuation: Details of any post-employment insurance coverage
6. Assistance with Litigation: When ongoing cooperation might be needed for legal matters
7. International Provisions: Required for employees with multi-jurisdictional employment aspects
8. Retirement Benefits: Specific provisions for handling MPF or other retirement benefits
9. Handover Obligations: Detailed handover requirements for senior or specialized roles
1. Schedule 1 - Payment Calculations: Detailed breakdown of all separation payments
2. Schedule 2 - Company Property Inventory: List of company property to be returned
3. Schedule 3 - Existing Restrictive Covenants: Copy of relevant restrictions from employment contract
4. Schedule 4 - Benefits Summary: Summary of benefits and their treatment post-termination
5. Schedule 5 - Outstanding Share Options: Details of any share options and their treatment
6. Appendix A - Declaration Form: Employee declaration of compliance with return of property
7. Appendix B - Reference Template: Agreed form of reference letter
Authors
Financial Services
Banking
Professional Services
Technology
Manufacturing
Retail
Healthcare
Education
Construction
Real Estate
Telecommunications
Media
Hospitality
Logistics
Insurance
Human Resources
Legal
Finance
Compliance
Executive Management
Company Secretariat
Employee Relations
Payroll
Benefits Administration
Risk Management
Chief Executive Officer
Chief Financial Officer
Managing Director
Senior Manager
Department Head
Regional Director
Vice President
Executive Director
General Manager
Senior Consultant
Project Manager
Technical Lead
Sales Director
Operations Manager
Human Resources Manager
Legal Counsel
Financial Controller
Account Director
Research Director
Product Manager
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