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Work Separation Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Work Separation Agreement is a crucial document used in Hong Kong employment contexts when formally ending an employment relationship through mutual agreement. It is particularly relevant in situations involving senior executives, sensitive departures, or complex termination arrangements. The agreement ensures compliance with Hong Kong employment laws while providing certainty and protection for both employer and employee. It typically includes comprehensive terms covering financial settlements, confidentiality provisions, non-compete obligations, and mutual releases. This document is essential for managing legal risk, protecting business interests, and ensuring a clear framework for the separation process. Given Hong Kong's position as an international business center, these agreements often need to address both local and cross-border employment considerations.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Financial Services

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Human Resources

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