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Severance And Release Agreement
"I need a Dutch Severance and Release Agreement for a senior software developer being made redundant as part of a company restructuring, with the termination date set for March 1, 2025, including non-compete provisions and treatment of unvested stock options."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship, including start date, position, and reason for termination
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date of employment termination and final working day
5. Severance Payment: Details of the statutory transition payment and any additional severance, including calculation method and payment timing
6. Final Settlement: Settlement of outstanding salary, vacation days, expenses, and other employment-related benefits
7. Tax Treatment: Tax implications and responsibilities regarding the severance payment
8. Release of Claims: Mutual release of claims and waiver of rights, specifically structured to comply with Dutch law
9. Confidentiality: Ongoing obligations regarding confidential information and company secrets
10. Return of Property: Requirements for returning company property and documents
11. References: Agreement on the nature and content of employment references
12. Post-termination Obligations: Continuing obligations such as non-competition and non-solicitation if applicable
13. Governing Law: Specification of Dutch law as governing law and jurisdiction
14. Execution: Signature provisions and acknowledgment of legal advice
1. Garden Leave: Include when there is a period of paid leave before the termination date
2. Medical Insurance Continuation: Include when specific arrangements are made for continuing medical benefits
3. Share Options/Incentives: Include when dealing with existing share options or other incentive schemes
4. Pension Arrangements: Include when specific pension-related provisions need to be addressed
5. Legal Costs: Include when addressing payment of legal fees for reviewing the agreement
6. Communications: Include when specifying agreed internal/external communications about the departure
7. Outplacement Support: Include when outplacement services are being provided
8. Company Housing: Include when addressing company-provided housing arrangements
9. Works Council Notice: Include when works council notification or consultation is relevant
1. Schedule 1 - Calculation of Payments: Detailed breakdown of all payments including statutory transition payment, additional severance, and other benefits
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Continuing Obligations: Detailed terms of any continuing obligations such as confidentiality and non-compete provisions
4. Appendix A - Tax Calculations: Detailed tax calculations and implications of the severance payment
5. Appendix B - Benefits Summary: Summary of treatment of various benefits and entitlements
6. Appendix C - Reference Letter: Agreed form of reference letter if applicable
Authors
Financial Services
Technology
Manufacturing
Retail
Healthcare
Professional Services
Construction
Education
Telecommunications
Energy
Transportation
Media and Entertainment
Real Estate
Hospitality
Agriculture
Mining
Pharmaceutical
Automotive
Human Resources
Legal
Finance
Executive Leadership
Operations
Sales
Marketing
Information Technology
Research and Development
Customer Service
Administration
Production
Quality Assurance
Business Development
Supply Chain
Chief Executive Officer
Chief Financial Officer
Managing Director
Department Head
Senior Manager
Project Manager
Software Developer
Sales Representative
Account Manager
Operations Manager
Human Resources Director
Marketing Manager
Financial Controller
Business Analyst
Production Supervisor
Research Scientist
Legal Counsel
Administrative Assistant
Customer Service Representative
Technical Specialist
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