Business OS
Human ResourcesTermination & Exit

Separation and Release Agreement

This Separation and Release Agreement is for use when an employment relationship is ending and both parties wish to formally sever ties, releasing each other from claims.

Updated 15d ago
separation agreementrelease agreementterminationemploymenthuman resourcesHRSouthern Africa

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Separation and Release Agreement

Separation and Release Agreement

{{company_name}}

{{company_address}}

{{phone}}

{{email}}

{{website}}

SEPARATION AND RELEASE AGREEMENT

This Separation and Release Agreement ('Agreement') is made and entered into as of {{date_of_agreement}} ('Effective Date') by and between {{company_name}} ('the Company'), and {{employee_full_name}} ('the Employee'), residing at {{employee_address}}, ID Number: {{employee_ID_number}}.

1. TERMINATION OF EMPLOYMENT

The Employee's employment with the Company shall terminate effective {{termination_date}} ('Termination Date'). The Employee’s last day of active employment will be {{last_day_of_active_employment}}. From the last day of active employment until the Termination Date, the Employee will remain on garden leave/be relieved of duties/be unavailable for work (delete as applicable) and will be paid their standard salary and benefits.

2. SEPARATION PAYMENT

In consideration for the Employee’s execution of this Agreement and compliance with its terms, the Company agrees to pay the Employee a lump sum separation payment of {{separation_payment_amount}} ({{separation_payment_amount_words}}) less applicable deductions, within {{number_of_days}} days of the Effective Date. This payment is in full and final settlement of all amounts due to the Employee, save for those explicitly stated in this Agreement.

3. EMPLOYEE BENEFITS

The Employee's entitlement to Company-sponsored benefits, including but not limited to medical aid, provident fund, and any other insured benefits, shall cease on {{benefits_cessation_date}} as per the terms and conditions of the respective benefit schemes. The Employee is responsible for making arrangements for continuation of any benefits where options exist (e.g., COBRA equivalent if applicable in jurisdiction, or private medical coverage).

The Employee will be paid for all accrued but untaken leave days as at the Termination Date, amounting to {{accrued_leave_days}} days, calculated at {{daily_rate}} per day, totaling {{accrued_leave_payment}}.

4. RETURN OF COMPANY PROPERTY

By no later than the Termination Date, the Employee agrees to return all Company property, including but not limited to, keys, access cards, laptops, mobile phones, documents (electronic and hard copy), and any other equipment or materials belonging to the Company. The Employee warrants that no copies of Company property or proprietary information have been retained.

5. RELEASE OF CLAIMS

In consideration of the undertakings by the Company in this Agreement, the Employee, on behalf of themselves, their heirs, executors, administrators, successors, and assigns, hereby unconditionally and irrevocably releases and forever discharges the Company and its past and present affiliates, subsidiaries, parent companies, directors, officers, employees, agents, and successors from any and all claims, demands, actions, causes of action, suits, debts, liens, contracts, or liabilities of any nature whatsoever, whether known or unknown, suspected or unsuspected, that the Employee ever had or now has against the Company arising out of or relating to the Employee’s employment with or separation from the Company, up to the Effective Date of this Agreement. This release includes, but is not limited to, claims under any employment laws, statutes, or common law principles applicable in the jurisdiction, including claims for unfair dismissal, discrimination, breach of contract, or any other claim for damages or relief.

6. CONFIDENTIALITY AND NON-DISCLOSURE

The Employee acknowledges and agrees that they remain bound by any prior confidentiality or non-disclosure agreements signed with the Company. The Employee agrees not to use or disclose any confidential or proprietary information of the Company for any purpose other than for the benefit of the Company, whether during or after their employment.

7. NON-ADMISSION OF WRONGDOING

This Agreement does not constitute an admission by the Company of any wrongdoing or liability whatsoever. The Company specifically denies any liability for any claim that has been or could be asserted by the Employee.

8. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Employee and the Company with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.

9. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of {{country_name}}. The parties irrevocably submit to the exclusive jurisdiction of the courts of {{country_name}}.

10. ACKNOWLEDGMENT AND SIGNATURES

The Employee acknowledges that they have been advised to consult with an attorney prior to signing this Agreement, have had sufficient time to consider this Agreement, and have signed this Agreement knowingly and voluntarily without any duress or undue influence. The Employee further acknowledges that they understand the terms and conditions of this Agreement.

____________________________ {{employee_full_name}} Date: _________ ____________________________ For {{company_name}} Name: {{company_representative_name}} Title: {{company_representative_title}} Date: _________

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