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Exit Agreement For Employees
"I need an Exit Agreement For Employees under New Zealand law for a senior software developer who is leaving voluntarily in March 2025, including gardening leave provisions and specific clauses about intellectual property rights for ongoing projects."
1. Parties: Identifies the employer and employee who are parties to the agreement
2. Background: Sets out the context of the employment relationship and the circumstances leading to its termination
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment and final working day if different
5. Settlement Payments: Details all payments to be made to the employee, including final salary, holiday pay, and any additional compensation
6. Tax Treatment: Specifies how different payments will be treated for tax purposes
7. Company Property: Lists requirements for returning company property and documents
8. Confidentiality: Outlines ongoing confidentiality obligations post-employment
9. Non-Disparagement: Mutual obligations regarding not making disparaging comments about each other
10. Release of Claims: Employee's release of all claims against the employer
11. Employee Acknowledgments: Employee's confirmation of understanding and voluntary agreement
12. Continuing Obligations: Specifies which employment agreement obligations continue post-termination
13. Governing Law: Specifies New Zealand law as governing law
14. Execution: Signature blocks and execution requirements
1. Garden Leave: Include when the employee will be paid but not required to work during notice period
2. Post-Employment Restrictions: Include when enforcing existing or new non-compete or non-solicitation provisions
3. Reference: Include when agreeing to provide a reference and its form
4. Outplacement Support: Include when providing career transition services
5. Share Options/Long-Term Incentives: Include when addressing treatment of existing share schemes or incentives
6. Medical/Health Insurance: Include when continuing or terminating health benefits
7. Legal Costs: Include when employer is contributing to employee's legal costs
8. Announcement: Include when agreeing on how departure will be communicated
9. Future Cooperation: Include when employee's assistance may be needed for handover or future matters
1. Schedule 1 - Settlement Payments Breakdown: Detailed breakdown of all payments including statutory entitlements and ex gratia payments
2. Schedule 2 - Company Property List: Comprehensive list of company property to be returned
3. Schedule 3 - Continuing Obligations: Detailed list of obligations from employment agreement that continue post-employment
4. Schedule 4 - Agreed Reference: Form of agreed reference if applicable
5. Schedule 5 - Legal Advice Certificate: Certificate from employee's legal advisor confirming independent advice given
Authors
Company
Confidential Information
Effective Date
Employee
Employer
Employment Agreement
Final Pay
Holiday Pay
Intellectual Property
Notice Period
Parties
Payment Date
Release
Settlement Payment
Termination Date
Working Day
Company Property
Continuing Obligations
Claims
Group Companies
Independent Legal Advisor
KiwiSaver Contributions
Material Breach
Outstanding Entitlements
Related Companies
Restraint Period
Statutory Entitlements
Trade Secrets
Without Prejudice
Termination
Final Payments
Settlement Sum
Tax Treatment
Release of Claims
Confidentiality
Non-Disparagement
Return of Property
Intellectual Property
Post-Employment Restrictions
Non-Competition
Non-Solicitation
References
Announcements
Future Cooperation
Legal Advice
Warranties
Governing Law
Severability
Entire Agreement
Amendment
Costs
Notices
Assignment
Third Party Rights
Counterparts
KiwiSaver
Holiday Pay
Garden Leave
Outplacement Support
Continuing Obligations
Privacy
Disputes Resolution
Technology
Financial Services
Manufacturing
Retail
Healthcare
Professional Services
Education
Construction
Hospitality
Mining
Agriculture
Telecommunications
Transport and Logistics
Energy
Media and Entertainment
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Research and Development
Customer Service
Administration
Production
Quality Assurance
Business Development
Executive Leadership
Project Management
Chief Executive Officer
Chief Financial Officer
General Manager
Department Manager
Team Leader
Senior Executive
Director
Vice President
Senior Manager
Project Manager
Technical Specialist
Sales Representative
Administrative Officer
Human Resources Manager
Operations Manager
Financial Controller
Business Development Manager
Regional Manager
Account Manager
Professional Staff
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