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Severance Agreement
I need a severance agreement for an employee who has been with the company for 5 years, ensuring compliance with UAE labor laws. The agreement should include a severance package equivalent to 3 months' salary, a non-disclosure clause, and a non-compete clause valid for 6 months post-termination.
What is a Severance Agreement?
A Severance Agreement spells out the final terms when an employer and employee part ways in the UAE. It's a binding contract that covers the employee's exit package, including final salary payments, gratuity calculations under UAE Labor Law, and any additional benefits like continued health insurance or unpaid leave settlements.
These agreements protect both sides by preventing future disputes and typically include important provisions about confidentiality, non-competition clauses (as permitted under UAE law), and the return of company property. They're especially common in Dubai's financial sector and Abu Dhabi's energy companies, where employers often offer enhanced packages beyond the mandatory end-of-service benefits.
When should you use a Severance Agreement?
Use a Severance Agreement when ending employment relationships in the UAE, especially for senior executives, sensitive positions, or complex terminations. This agreement becomes crucial during company restructuring, when offering enhanced exit packages, or when dealing with potential disputes about end-of-service benefits.
The timing matters - draft the agreement before finalizing the termination to ensure smooth negotiations and clear documentation of all terms. It's particularly important in situations involving access to trade secrets, when dealing with competing job offers within the UAE market, or when offering benefits beyond the standard gratuity calculations required by UAE Labor Law.
What are the different types of Severance Agreement?
- Severance Pay Contract: Basic template focusing on financial terms and UAE-mandated end-of-service benefits
- Layoff Separation Agreement: Comprehensive version for group terminations during restructuring, including special provisions for outplacement services
- Mutual Severance Agreement: Used for amicable separations with negotiated terms beyond standard gratuity
- Mutual Termination Agreement Employment: Detailed version covering both severance and ongoing obligations like non-compete clauses under UAE law
Who should typically use a Severance Agreement?
- Human Resources Directors: Lead the drafting process and coordinate terms between parties in UAE companies, especially in free zones
- Legal Counsel: Review and refine agreement terms to ensure compliance with UAE Labor Law and enforce non-compete provisions
- Senior Executives: Often negotiate enhanced severance packages, particularly in Dubai's financial sector and multinational corporations
- Department Managers: Provide input on employee performance and special considerations for package terms
- External Labor Consultants: Advise on market-standard severance terms and gratuity calculations under UAE regulations
- Ministry of Human Resources: May review agreements in dispute cases or validate terms for compliance
How do you write a Severance Agreement?
- Employment Details: Gather accurate records of salary, bonuses, and length of service for gratuity calculations under UAE Labor Law
- Exit Timeline: Establish clear dates for last working day, handover period, and final settlement processing
- Benefits Review: List all current benefits including health insurance, allowances, and unused leave balance
- Company Assets: Create inventory of items for return including access cards, devices, and confidential documents
- Non-Compete Terms: Define reasonable geographical and time restrictions that align with UAE regulations
- Payment Structure: Outline the severance package components, timing, and method of payment in AED
- Document Generation: Use our platform to create a legally-sound agreement that includes all mandatory UAE provisions
What should be included in a Severance Agreement?
- Basic Information: Full names, Emirates ID numbers, and official company details as registered with UAE authorities
- Termination Details: Clear statement of separation date and type (mutual/unilateral) under UAE Labor Law
- Financial Terms: Detailed breakdown of final settlement, gratuity calculation, and any additional benefits in AED
- Non-Compete Clause: Specific geographic and time limitations that comply with UAE employment regulations
- Confidentiality Terms: Scope of protected information and duration of obligations
- Release Provisions: Mutual release of claims and waiver of legal actions
- Governing Law: Explicit reference to UAE Labor Law and relevant emirate jurisdiction
- Authentication: Space for signatures, witness details, and company stamp as required by UAE law
What's the difference between a Severance Agreement and a Contractual Agreement?
A Severance Agreement differs significantly from a Contractual Agreement in several key aspects under UAE law. While both are legally binding documents, their purposes and applications are distinct, particularly in employment contexts.
- Primary Purpose: Severance Agreements specifically handle employment termination and exit benefits, while Contractual Agreements cover ongoing business relationships and general obligations
- Timing of Effect: Severance Agreements activate at employment end and usually involve one-time settlements, whereas Contractual Agreements typically govern continuing relationships
- Legal Framework: Severance Agreements must strictly comply with UAE Labor Law's end-of-service provisions, while Contractual Agreements follow broader UAE Civil Code requirements
- Scope of Terms: Severance Agreements focus on gratuity, final settlements, and post-employment obligations, while Contractual Agreements can cover any lawful business arrangement
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