Company Separation Agreement Template for India

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Key Requirements PROMPT example:

Company Separation Agreement

"I need a Company Separation Agreement for a senior software developer in our IT consulting firm who is leaving amicably to join a non-competing industry, with separation effective March 15, 2025; must include standard IP protection clauses but we can be lenient on non-compete restrictions."

Document background
The Company Separation Agreement is a crucial document used in Indian corporate settings when formalizing the end of an employment relationship. It becomes particularly important in situations involving senior positions, sensitive information, or complex compensation structures. The agreement ensures compliance with Indian employment laws while protecting both employer and employee interests. It typically includes provisions for final settlements, statutory dues, confidentiality obligations, non-compete clauses (where applicable), and mutual releases. The document helps prevent future disputes by clearly documenting all separation terms and ensuring all legal requirements under Indian jurisdiction are met, including compliance with the Industrial Disputes Act, Companies Act, and other relevant legislation.
Suggested Sections

1. Parties: Identification of the company and the separating employee/director

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

3. Definitions: Key terms used throughout the agreement

4. Effective Date of Separation: Specific date when employment relationship ends

5. Final Settlement: Details of final salary, benefits, and other compensation

6. Statutory Payments: Gratuity, provident fund, and other statutory dues

7. Company Property: Return of company assets, documents, and equipment

8. Confidentiality Obligations: Ongoing duties regarding confidential information

9. Release and Waiver: Mutual release of claims and liabilities

10. References: Agreement on how future employment references will be handled

11. Tax Implications: Treatment of tax obligations for separation payments

12. Governing Law: Jurisdiction and applicable laws

13. Dispute Resolution: Process for resolving any disputes arising from the agreement

Optional Sections

1. Non-Compete Clause: Restrictions on future employment with competitors (typically for senior positions)

2. Non-Solicitation: Restrictions on soliciting employees or customers (for client-facing roles)

3. Intellectual Property Rights: Special provisions for employees involved in R&D or creative work

4. Stock Options/Share Treatment: Handling of equity compensation if applicable

5. International Transfer Provisions: Special provisions for international employees

6. Gardening Leave: Terms of paid leave during notice period (usually for senior positions)

7. Transition Assistance: Requirements for knowledge transfer and handover

8. Post-termination Benefits: Any continuing benefits like health insurance or club memberships

9. Legal Representation: Acknowledgment of independent legal advice

Suggested Schedules

1. Schedule A - Final Settlement Calculation: Detailed breakdown of all final payments including salary, bonus, and statutory dues

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

3. Schedule C - Confidential Information: Specific details of confidential information and trade secrets

4. Schedule D - Benefits Summary: Details of all benefits and their treatment post-separation

5. Schedule E - Outstanding Obligations: List of any pending tasks, projects, or responsibilities

6. Appendix 1 - Statutory Declarations: Required legal declarations under Indian law

7. Appendix 2 - Release Forms: Standard forms for mutual release of claims

8. Appendix 3 - Handover Documents: Templates and checklists for knowledge transfer

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Manufacturing

Financial Services

Professional Services

Healthcare

Retail

Telecommunications

Education

Real Estate

Construction

Pharmaceuticals

Media and Entertainment

Energy and Utilities

Automotive

Consulting

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Product Development

Business Development

Customer Service

Administration

Strategy

Risk Management

Compliance

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Technical Lead

Software Engineer

Financial Controller

Sales Director

Marketing Manager

HR Manager

Operations Manager

Research Scientist

Product Manager

Business Development Executive

Regional Manager

Account Manager

Senior Consultant

Department Director

Vice President

Industries
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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