The Separation Agreement and Release is a crucial document used in Belgian employment law when formally ending an employment relationship through mutual agreement or unilateral termination. It serves as a comprehensive record of the separation terms while providing legal protection for both parties. This document is particularly important in Belgium due to the country's strict employment regulations and specific requirements regarding notice periods, severance calculations, and social security obligations. The agreement typically comes into play during voluntary departures, redundancies, or negotiated exits, and must comply with Belgian federal laws, applicable Collective Bargaining Agreements, and EU regulations. It should be drafted with careful consideration of the Belgian Civil Code, Employment Contracts Act, and relevant data protection laws, particularly when including provisions about confidentiality and post-employment restrictions.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief history of the employment relationship, including start date and reason for separation
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date of employment termination and last working day
5. Financial Settlement: Details of all payments including salary, notice period, severance, and benefits
6. Tax and Social Security: Treatment of payments for tax and social security purposes
7. Company Property: Requirements for return of company property and documents
8. Confidentiality Obligations: Ongoing duties regarding confidential information
9. Mutual Release: Mutual waiver of claims between parties
10. Reference and Communications: Agreement on employment references and internal/external communications
11. General Provisions: Standard clauses including governing law, entire agreement, and amendments
12. Execution: Signature blocks and dating of agreement
1. Non-Competition: Restrictions on working for competitors, used for senior positions or when employee had access to sensitive information
2. Non-Solicitation: Restrictions on approaching clients or employees, typically for client-facing or management roles
3. Equity/Share Options: Treatment of any share options or equity-based compensation, for employees with such benefits
4. Outplacement Support: Details of career transition services, if offered
5. Ongoing Cooperation: Terms for assistance with handover or future inquiries, useful for complex roles
6. Insurance Continuation: Details of any continued insurance coverage, if applicable
7. Intellectual Property: Specific provisions regarding IP rights and assignments, for technical or creative roles
8. Legal Fees: Agreement on payment of legal fees for agreement review
1. Schedule 1 - Payment Calculation: Detailed breakdown of all financial payments including salary, notice period, and severance
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Benefits Summary: Details of benefits and their treatment post-termination
4. Appendix A - Reference Letter: Agreed form of employment reference
5. Appendix B - Communication Template: Approved announcement of employee's departure
6. Appendix C - Handover Plan: Detailed plan for transition of responsibilities
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