The Ex Gratia Payment Settlement Agreement is a critical document used in Irish employment contexts when an employer wishes to make a voluntary payment to an employee, typically in situations involving amicable separations, redundancies, or the resolution of workplace disputes. This document serves to formalize the terms of the payment and associated conditions, ensuring both parties have clarity and legal certainty regarding their rights and obligations. The agreement must comply with Irish employment law, tax regulations, and data protection requirements, making it essential to include specific provisions about tax treatment, claims waiver, and confidentiality. It's particularly important in situations where employers wish to achieve a clean break and minimize the risk of future claims while providing financial compensation that goes beyond strict contractual or statutory obligations.
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1. Parties: Identifies and defines the parties to the agreement
2. Background: Sets out the context and circumstances leading to the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Payment Terms: Details of the ex gratia payment amount, timing, and method of payment
5. Tax Treatment: Clarifies the tax status of the payment and responsibilities for tax liabilities
6. Settlement and Waiver: Comprehensive release of claims and details of what is being settled
7. Confidentiality: Obligations regarding confidentiality of the agreement and its terms
8. Legal Advice: Confirmation that independent legal advice has been received or offered
9. Warranties and Representations: Statements of fact and assurances from both parties
10. Entire Agreement: Confirms this document represents the complete agreement between parties
11. Governing Law: Specifies Irish law as governing law and jurisdiction
12. Execution: Signature blocks and execution provisions
1. Company Property: Used when there is company property to be returned - details return arrangements
2. Post-Settlement Obligations: Include when ongoing obligations exist after settlement (e.g., continuing confidentiality duties)
3. Reference Provision: Include when agreement includes provisions about future employment references
4. Non-Disparagement: Used when parties agree not to make derogatory statements about each other
5. Reaffirmation of Existing Restrictions: Include when existing restrictive covenants need to be maintained
6. Resignation Details: Used when settlement includes resignation from employment or directorship
7. Press Announcements: Include when parties need to agree on public statements about the settlement
8. Future Cooperation: Used when ongoing cooperation is required for specific matters
1. Schedule 1 - Payment Calculation: Detailed breakdown of payment calculations and tax treatment
2. Schedule 2 - Claims Being Settled: Comprehensive list of specific claims being waived
3. Schedule 3 - Company Property: Itemized list of company property to be returned
4. Appendix A - Agreed Reference: Format and content of agreed employment reference if applicable
5. Appendix B - Resignation Letter: Template or agreed form of resignation letter if applicable
6. Appendix C - Press Statement: Agreed form of any public statement if applicable
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Relevant Teams
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