The Employment Release Agreement is a crucial document used in Ireland when formally concluding an employment relationship through mutual agreement. It is typically used in situations involving voluntary departures, redundancies, or negotiated exits, providing both parties with legal certainty and protection. The agreement must comply with Irish employment law, including the Unfair Dismissals Acts 1977-2015 and various other employment statutes. It contains essential provisions regarding financial settlements, tax treatment, confidentiality obligations, and waiver of claims, while preserving statutory rights that cannot be contracted out of. Independent legal advice is typically required for the employee, and the agreement must meet specific requirements under Irish law to be enforceable. This document serves as a comprehensive record of the termination terms and helps prevent future disputes by clearly documenting all aspects of the separation.
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Key Requirements PROMPT example:
Employment Release Agreement
"I need an Employment Release Agreement for a senior software developer in a tech startup who is leaving voluntarily on March 15, 2025, with garden leave provisions and specific clauses about intellectual property rights and ongoing project handover."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship, including start date, role, and circumstances leading to termination
3. Definitions: Definitions of key terms used throughout the agreement, including 'Termination Date', 'Claims', and 'Settlement Payment'
4. Termination of Employment: Formal statement of employment termination, specifying the termination date and final working day
5. Settlement Payment: Details of all payments to be made, including salary, notice pay, ex-gratia payments, and statutory entitlements
6. Tax Treatment: Clarification of tax treatment of various payment components and responsibilities for tax liabilities
7. Company Property: Requirements for return of company property, documents, and data
8. Confidentiality: Obligations regarding confidentiality of the agreement terms and company information
9. Employee Warranties: Employee confirmations regarding return of property, confidential information, and other compliance matters
10. Release of Claims: Comprehensive waiver of claims against the employer, subject to statutory limitations
11. Legal Advice: Confirmation that the employee has received independent legal advice on the agreement
12. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severability
1. Garden Leave: Applicable if the employee is to be placed on garden leave during notice period
2. Post-termination Restrictions: Include if enforcing or modifying existing restrictive covenants
3. Reference: Terms regarding the provision of employment references
4. Outplacement Support: Details of any career transition services being provided
5. Company Benefits Continuation: Terms for continuation or termination of benefits like health insurance or share schemes
6. Public Announcements: Required if parties need to agree on external/internal communications about the departure
7. Resignation from Offices: Required if employee holds director or officer positions
8. Assistance with Handover: Terms for cooperation in transition of responsibilities
1. Schedule 1 - Payment Breakdown: Detailed breakdown of all payment components including statutory and ex-gratia elements
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Claims List: Comprehensive list of statutory and common law claims being waived
4. Schedule 4 - Existing Restrictive Covenants: Copy of relevant restrictive covenants from employment contract
5. Appendix A - Legal Adviser's Certificate: Independent legal adviser's confirmation of providing advice
6. Appendix B - Resignation Letter: Template or copy of formal resignation letter if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Manufacturing
Retail
Professional Services
Healthcare
Education
Construction
Telecommunications
Media
Pharmaceuticals
Energy
Transport and Logistics
Real Estate
Hospitality
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Research and Development
Customer Service
Administration
Product Development
Business Development
Corporate Communications
Compliance
Risk Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Director
Senior Manager
Department Head
Team Leader
Project Manager
Sales Representative
Software Developer
Account Manager
Operations Manager
HR Manager
Marketing Executive
Financial Analyst
Administrative Assistant
Customer Service Representative
Technical Specialist
Research Scientist
Business Development Manager
Regional Manager
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