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Separation Agreement And Release

Separation Agreement And Release Template for United Arab Emirates

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Key Requirements PROMPT example:

Separation Agreement And Release

"I need a Separation Agreement and Release for our Dubai-based Chief Technology Officer who will be leaving on March 15, 2025, including provisions for ongoing consultancy services, share options, and a 12-month non-compete clause for the MENA region."

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Document background
The Separation Agreement and Release is a crucial document used in the United Arab Emirates when formally ending an employment relationship by mutual agreement. It serves as a comprehensive record of the termination terms while providing legal protection for both employer and employee. The agreement must comply with UAE Federal Decree-Law No. 33 of 2021 (UAE Labor Law) and considers various aspects including end-of-service gratuity calculations, notice periods, and final settlements. It typically includes provisions for confidentiality, non-compete restrictions (where applicable), and release of claims, all tailored to meet UAE legal requirements. For expatriate employees, it also addresses visa-related matters. The document is particularly important in complex separations or senior-level departures where clear documentation of obligations and mutual releases is essential for risk management.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Brief history of employment relationship, reason for separation, and purpose of agreement

3. Definitions: Key terms used throughout the agreement, including Effective Date, Termination Date, and Confidential Information

4. Termination of Employment: Formal statement of employment termination, including last working day and immediate obligations

5. Final Settlement: Details of final payment including salary, notice period, end-of-service gratuity as per UAE Labor Law

6. Release of Claims: Mutual release of claims and waiver of rights, subject to UAE law restrictions

7. Company Property: Requirements for return of company property and documents

8. Confidentiality Obligations: Ongoing confidentiality obligations post-employment

9. References and Communications: Agreement on handling of employment references and internal/external communications

10. Tax and Legal Implications: Statement on tax treatment and legal implications of the settlement

11. Governing Law and Jurisdiction: Specification of UAE law as governing law and relevant courts for disputes

12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Non-Compete Obligations: Include when there are post-employment restrictions on competitive activities, ensuring compliance with UAE labor law restrictions

2. Non-Solicitation: Include when restricting employee from soliciting company's employees or customers

3. Continuation of Benefits: Include when certain benefits will continue post-termination

4. Cooperation in Transition: Include when employee's assistance is needed for knowledge transfer or handover

5. Stock Options/Share Rights: Include when employee has outstanding equity compensation

6. Visa and Immigration: Include for expatriate employees regarding visa cancellation and repatriation

7. Garden Leave: Include when employee will be on paid leave during notice period

8. Legal Fees: Include when addressing payment of legal fees for agreement review

Suggested Schedules

1. Schedule 1 - Final Settlement Calculation: Detailed breakdown of all final payments including salary, gratuity, and other entitlements

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Confidential Information: Detailed description of what constitutes confidential information

4. Appendix A - Release Form: Formal release of claims document to be signed separately

5. Appendix B - Non-Compete Terms: Detailed terms of non-compete obligations if applicable

6. Appendix C - Benefits Continuation Details: Specification of any benefits that continue post-termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Company
Confidential Information
Effective Date
Employee
End of Service Gratuity
Final Settlement
Governing Law
Intellectual Property Rights
Last Working Day
Notice Period
Parties
Release
Restricted Business
Restricted Period
Restricted Territory
Settlement Amount
Termination Date
Company Property
Confidentiality Obligations
Claims
Business Day
Group Companies
Trade Secrets
Benefits
Cause
Competing Business
Non-Compete Period
Release Date
Severance Payment
UAE
Visa Status
Working Hours
Affiliate
Board
Dispute
Material Breach
Representatives
Third Party
Clauses
Recitals
Definitions
Termination
Final Settlement
End of Service Benefits
Release of Claims
Confidentiality
Non-Compete
Non-Solicitation
Return of Property
Intellectual Property
References
Post-Termination Obligations
Tax Indemnity
Visa and Immigration
Further Assurance
Severability
Entire Agreement
Amendments
Notices
Assignment
Third Party Rights
Counterparts
Costs
Waiver
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Indemnification
Survival
Good Faith
Compliance with Laws
Confidential Nature of Agreement
Data Protection
Garden Leave
Legal Advice
Restrictive Covenants
Communications
Relevant Industries

Banking & Financial Services

Technology

Real Estate & Construction

Healthcare

Retail & Consumer Goods

Manufacturing

Professional Services

Education

Hospitality & Tourism

Energy & Resources

Media & Entertainment

Telecommunications

Transportation & Logistics

Relevant Teams

Human Resources

Legal

Finance

Compliance

Operations

Executive Leadership

Administration

Payroll

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Department Head

Senior Manager

Regional Manager

Project Manager

Senior Executive

Sales Director

Technical Lead

Senior Consultant

Operations Manager

Account Manager

Software Engineer

Financial Analyst

HR Manager

Legal Counsel

Administrative Officer

Industries
UAE Labor Law (Federal Decree-Law No. 33 of 2021): The primary legislation governing employment relationships in the UAE, covering termination, notice periods, and employee rights
UAE Civil Code (Federal Law No. 5 of 1985): Governs general contract principles, including formation, validity, and enforcement of agreements
UAE Federal Law No. 18 of 1993 (Commercial Transactions Law): Relevant for non-competition clauses and commercial relationships between parties
UAE Federal Law No. 4 of 2012 on Competition: Pertinent for ensuring non-compete provisions comply with competition regulations
DIFC Employment Law No. 2 of 2019 (if applicable): Applies if either party is based in Dubai International Financial Centre, providing specific requirements for employment termination
UAE Federal Law No. 14 of 2014 (Combating Information Technology Crimes): Relevant for confidentiality provisions and protection of electronic information
UAE Federal Law No. 31 of 2006 (Patent and Industrial Design): Important for intellectual property provisions in the separation agreement
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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