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Termination Of Service Template
"I need a Termination of Service Template for a senior software developer who has resigned voluntarily and will be joining a competitor, so we need strong confidentiality and non-compete clauses with a 3-month notice period starting January 15, 2025."
1. Parties: Identification of the employer and employee, including full legal names and relevant contact details
2. Background: Brief context of the employment relationship, including start date and current position
3. Definitions: Key terms used throughout the document defined for clarity and legal certainty
4. Termination Date: Clear specification of the final day of employment
5. Notice Period: Details of the notice period being provided or payment in lieu of notice
6. Final Payment: Breakdown of final payment including salary, leave entitlements, and other benefits
7. Company Property: Requirements for return of company property, equipment, and documents
8. Confidentiality: Ongoing obligations regarding confidential information
9. Intellectual Property: Confirmation of intellectual property rights and ongoing obligations
10. Non-Disparagement: Mutual obligations regarding non-disparagement
11. Release: Mutual release of claims subject to terms of the agreement
12. Governing Law: Specification that Australian law governs the agreement
13. Execution: Signature blocks and execution details
1. Redundancy Payment: Details of redundancy payment when termination is due to position redundancy
2. Performance Issues: Summary of performance issues when termination is performance-based
3. Garden Leave: Terms of garden leave if applicable during notice period
4. Restraint of Trade: Post-employment restrictions if applicable to the role
5. Reference: Terms regarding the provision of employment references
6. Outplacement Support: Details of any career transition or outplacement support offered
7. Medical Examination: Requirements for medical examination in case of medical-related termination
8. Ongoing Legal Proceedings: Provisions regarding any ongoing legal matters or investigations
9. Share Options/Benefits: Treatment of share options or other long-term benefits
10. Transition Arrangements: Details of handover requirements and transition period
1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all final payment components including tax implications
2. Schedule 2 - Company Property Register: List of all company property to be returned
3. Schedule 3 - Confidential Information: Specific details of confidential information and intellectual property
4. Schedule 4 - Handover Checklist: Detailed list of tasks and responsibilities to be handed over
5. Appendix A - Relevant Employment Terms: Extract of relevant terms from original employment agreement
6. Appendix B - Statutory Entitlements: Summary of statutory entitlements under Australian law
Authors
Business Day
Company
Company Property
Confidential Information
Effective Date
Employee
Employment Agreement
Final Payment
Garden Leave
Governing Law
Intellectual Property Rights
Notice Period
Parties
Personal Information
Redundancy Payment
Release
Restraint Period
Restraint Area
Separation Date
Statutory Entitlements
Superannuation
Termination Date
Trade Secrets
Accrued Benefits
Applicable Law
Cause
Claims
Competitor
Dispute
Outstanding Obligations
Prohibited Activities
Related Entities
Restricted Business
Settlement Sum
Termination Date
Notice Period
Final Payment
Statutory Entitlements
Return of Property
Confidentiality
Intellectual Property
Non-Disparagement
Non-Solicitation
Non-Compete
Release and Waiver
Reference and Communications
Tax Obligations
Superannuation
Garden Leave
Ongoing Obligations
Mutual Release
Governing Law
Jurisdiction
Severability
Entire Agreement
Amendment
Notices
Assignment
Third Party Rights
Costs
Counterparts
Good Faith
Dispute Resolution
Financial Services
Technology
Healthcare
Manufacturing
Retail
Professional Services
Education
Mining
Construction
Telecommunications
Media
Government
Non-profit
Agriculture
Transportation
Human Resources
Legal
People Operations
Employee Relations
Compliance
Senior Management
Administration
Talent Management
HR Manager
HR Director
Legal Counsel
Employment Lawyer
HR Business Partner
HR Administrator
Recruitment Manager
People Operations Manager
Chief Human Resources Officer
Employee Relations Manager
HR Compliance Officer
General Manager
Department Manager
Business Unit Head
Operations Manager
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