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Redundancy Agreement Template for India

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Key Requirements PROMPT example:

Redundancy Agreement

"I need a Redundancy Agreement for a senior IT manager in Bangalore being laid off due to department restructuring, with a three-month notice period starting March 1, 2025, including provisions for stock options and continued health insurance coverage for 6 months."

Document background
The Redundancy Agreement is a crucial document used in India when terminating employment due to organizational restructuring, economic downturn, technological changes, or other business reasons that make certain positions redundant. It must comply with the Industrial Disputes Act, 1947, which requires specific procedures for retrenchment, including mandatory notice periods and compensation calculations. For organizations with 100+ employees, government approval is required before implementing redundancies. The agreement details all financial settlements, including statutory dues, severance packages, and benefit calculations, while ensuring proper documentation for legal compliance. It serves as a protective mechanism for both employer and employee, clearly outlining obligations, payments, and post-termination arrangements in accordance with Indian labor laws.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the redundancy situation, including brief description of the circumstances leading to redundancy

3. Definitions: Key terms used throughout the agreement including 'Termination Date', 'Redundancy Payment', 'Final Settlement', etc.

4. Redundancy Confirmation: Formal confirmation of the redundancy and the effective termination date

5. Notice Period: Details of the notice period or payment in lieu of notice as per Industrial Disputes Act requirements

6. Redundancy Payments: Breakdown of statutory redundancy payment calculation and any additional ex-gratia payments

7. Final Settlement: Details of final salary, accumulated benefits, and statutory dues including gratuity and provident fund

8. Company Property: Requirements for return of company property and handling of confidential information

9. Full and Final Settlement: Confirmation that the agreement represents full and final settlement of all claims

10. Tax Implications: Statement regarding tax treatment of payments and responsibilities

11. Confidentiality: Ongoing obligations regarding confidentiality and company information

12. Governing Law: Specification that the agreement is governed by Indian law

13. Execution: Signature blocks and execution formalities

Optional Sections

1. Garden Leave: Used for senior positions where the employee is required to stay away from work during notice period while remaining employed

2. Post-Termination Restrictions: For senior roles where non-compete or non-solicitation restrictions are required

3. Outplacement Support: When the company offers career transition services or job search assistance

4. Reference: Terms regarding the provision of employment references

5. Medical Benefits Extension: When continued medical coverage is offered post-termination

6. Equity/Share Options: For employees with share options or equity-based compensation

7. Retention of Company Housing: For cases where employee housing is involved and temporary retention is allowed

8. Legal Representation: Acknowledgment of independent legal advice, particularly for senior executives

Suggested Schedules

1. Schedule 1 - Calculation of Redundancy Payment: Detailed breakdown of statutory redundancy calculation as per Industrial Disputes Act

2. Schedule 2 - Final Settlement Breakdown: Itemized list of all payments including salary, benefits, statutory dues, and deductions

3. Schedule 3 - Company Property List: Inventory of company property to be returned

4. Schedule 4 - Employee Benefits Summary: Summary of benefits and their treatment post-termination

5. Appendix A - Statutory Declaration: Required declarations under local labor laws

6. Appendix B - Release Form: Standard release of claims form

7. Appendix C - Exit Checklist: Checklist of tasks to be completed before final departure

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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