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Mutual Termination Agreement
1. Parties: Identification of the employer and employee, including full legal names, addresses, and any relevant registration numbers
2. Background: Brief context of the employment relationship and mutual decision to terminate
3. Definitions: Key terms used throughout the agreement, including 'Termination Date', 'Final Settlement', etc.
4. Termination Date: Specific date when employment relationship will end
5. Final Salary and Benefits: Details of final salary payment, including regular salary, bonuses, and benefits up to the termination date
6. Holiday Pay Settlement: Calculation and payment of accrued holiday pay in accordance with the Danish Holiday Act
7. Company Property: Requirements and timeline for returning company property
8. Full and Final Settlement: Confirmation that the agreement represents full and final settlement of all claims
9. Confidentiality: Ongoing obligations regarding confidential information
10. Tax and Social Security: Clarification of tax treatment and social security implications
11. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction
1. Garden Leave: Terms of any garden leave period before final termination - used when employee is being released from duties but remains employed
2. Post-termination Restrictions: Details of any continuing non-compete or non-solicitation obligations - relevant for senior employees or those with access to sensitive information
3. Reference: Terms of any agreed reference to be provided - included when specifically negotiated
4. Outplacement Support: Details of any career transition services offered - typically for senior employees or redundancy situations
5. Share Options/Long-term Incentives: Treatment of outstanding share options or other long-term incentives - relevant for employees with such benefits
6. Communications: Agreed internal and external communications about the departure - important for senior employees
7. Legal Costs: Agreement on payment of legal costs for reviewing the agreement - typically included when employee has sought legal advice
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including salary, holiday pay, and any additional benefits
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Continuing Obligations: Extract of relevant clauses from employment contract that survive termination
4. Appendix A - Agreed Reference: Form of agreed reference if applicable
5. Appendix B - Release Claims List: Comprehensive list of potential claims being settled under the agreement
Authors
Company
Confidential Information
Effective Date
Employee
Employment Agreement
Employment Period
Final Payment
Holiday Pay
Notice Period
Outstanding Remuneration
Parties
Resignation Date
Severance Payment
Termination Date
Transition Period
Company Property
Benefits
Bonus
Claims
Group Companies
Holiday Year
Intellectual Property Rights
Outstanding Benefits
Personal Data
Release
Restrictive Covenants
Settlement Amount
Share Options
Working Day
Termination of Employment
Final Payments
Holiday Pay
Tax and Social Security
Company Property Return
Confidentiality
Data Protection
Non-Disparagement
Full and Final Settlement
Waiver of Claims
Post-Termination Restrictions
Reference
Announcements
Legal Costs
Severability
Third Party Rights
Entire Agreement
Variation
Counterparts
Notices
Governing Law and Jurisdiction
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