Exit Agreement For Employees Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Exit Agreement For Employees is a crucial document used in New Zealand employment relationships when formalizing the termination of employment, whether through mutual agreement, redundancy, or other circumstances. It serves as a legally binding document that protects both employer and employee interests by clearly stating all termination terms, including financial settlements, continuing obligations, and mutual releases. The agreement must comply with New Zealand's Employment Relations Act 2000, Privacy Act 2020, and other relevant legislation. It is typically used when employers want to ensure a clean break and minimize the risk of future disputes, or when providing enhanced termination benefits beyond statutory requirements. The document often requires independent legal advice for the employee to ensure fairness and enforceability under New Zealand law.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Hospitality

Mining

Agriculture

Telecommunications

Transport and Logistics

Energy

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Production

Quality Assurance

Business Development

Executive Leadership

Project Management

Relevant Roles

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

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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