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RESIGNATION POLICY

Policy Statement

This policy is designed to ensure the correct process is followed by HR department in the event of an employee tendering their resigning from Win Thein & Sons. It also includes a checklist intended to assist employees when composing a letter of resignation.

Scope of the Policy

This policy applies to all employees of from Win Thein & Sons and its subsidiaries (Any employment contract type).

 

Resignation Procedure

 

The following steps should be followed by Employees and relevant supervisor in the event of a resignation scenario.

An employee intending to voluntarily terminate his/her services with the organization may do so by to submitting a written notification (relevant company resignation form). While tendering resignations employees are required to observe the following:

1.       Permanent employees are required to submit their intent to resign in writing to the Head of the HR at least three months in advance before actual resignation. Subsequently, the employees shall abide by the company resignation policy to issue letter of resignation to company within stipulated time as well as serve the notice period of certain occasion (based on role & position) to facilitate the proper handover (Minimum of one month to maximum three month).

2.       Employees on probation are also required to submit written resignation to the HD of HR. However, the notice period for employees on probation is one week (per employment contract) during which they shall be required to adequately handover to a management designated person and obtain clearance for salary (per company’s payroll policies) transfer by handing over any equipment provided by the company.

3.       Those employees who resigned from company before the completion of their contract will be subjected to penalties. (if and only such clause was stated in the employment contract of the particular employee)

4.       During the notice period employees, shall be required to carry out their regular assignments and follow through with the handover procedure as mentioned later in this policy document.

5.       An employee who for any reason fails to serve the notice period shall be subject penalties/prosecution per employment contract.

6.       An employee who fails to perform according to management’s expected standard and as per handover procedure during his/her notice period shall be subject to a forfeiture of experience certificate/recommendation letters. Notwithstanding that such employees are under resignation process, they will be liable and accountable to losses that company have to sustain due to their vital role in company’s business flow.

7.       Employees will be eligible to receive the experience certificate only if their service duration is at least six months at the time of tendering resignation. An employee whose duration of service is any less than six months shall not be entitled for an experience certificate.

8.       Employees shall be eligible to receive recommendation letter only upon the completion of their respective contracted tenures.

Notes,

Any Employees who wish to tender their resignation should acknowledged the above policy to progress further in vacating. Those who are determined to resign or retire should have the knowledge or perception of succeeding processes. They are advised or required to contemplate about the followings before proceeding.

1)      Did you archived or finalize your assigned works? (You must fulfil your duties & responsibilities)

2)      Are you in possession or in control of company’s properties (inclusive of trade secrets, patents, cash, fixtures, etc.)

3)      Are you performing in adherence to your employment contract or satisfied certain clauses (Conformity to terms and conditions)


Only after you have corroborated the above considerations, you may proceed in accordance with the company’s procedures.

Firstly, in order to manifest your resignation, you should inform your supervisor 3 months earlier the intention as stated in above policy. Subsequently, you are recommended to make use of the following Resignation Letters Template (which can be modified and devised accordingly).

Secondly, after you have submitted your resignation letter, company will undergo rigorous considerations. Once the company has determined the results or outcomes of your resignation letter, you will be notified and informed by relevant HR personnel either via email or letter. (Besides, HR department is recommended to utilize the Acceptance of Resignation Template as illustrated herein)   

Finally, after you have received your approval for resignation, it is compulsory that you are required to initiate your handover process. (policies and procedures regarding with handover is enunciated separately) nonetheless you are required to endorse and sign the following (relevant) agreements before you depart from the company.

 

Agreements Contracts

1)      Acknowledgement of Obligations

 

·         Employee undertaken for his/her obligations against the company

2)      Separation and Release Agreement

·         Contract pertaining to separation and release of liabilities and other legal responsibilities between an employee and the company

 

3)      Severance Agreement

·         A contract pertaining to dismissal or discharge of employment between employee and the company.

4)      Non-Disclosure and Non-Compete Agreement

            A contract for the following purpose

·         a contract by which one or more parties agree not to disclose confidential information that they have shared with each other as a necessary part of doing business together.

·         non-compete clause (often NCC), or covenant not to compete(CNC), is a clause under which one party (usually an employee) agrees not to enter or start a similar profession or trade in competition against another party (usually the employer).

 

 

Resignation Letter Template

 

§  Template (1)

 

April 20, 2016

 

 

Contact Name

Address

Address2                                                

City, State/Province

Zip/Postal Code

 

 

OBJECT: RESIGNATION

 

 

Dear [CONTACT NAME],

 

An opportunity has recently arisen whereby I will be able to make greater use of my educational Background and special abilities in [FIELD OF EMPLOYMENT].

Therefore, I am submitting my resignation effective [DATE EFFECTIVE].

I appreciated your help and guidance during my [TIME] with the [NAME OF COMPANY] and I am pleased that I was able to work for such a fine company.

 

 

Sincerely,

 

 

 

 

[YOUR NAME]

[YOUR TITLE]

[YOUR PHONE NUMBER]

[YOUREMAIL@YOURCOMPANY.COM]

 

 

§  Template (2)  

 

April 20, 2016

 

 

Contact Name

Address

Address2                                                

City, State/Province

Zip/Postal Code

 

 

 

OBJECT: RESIGNATION

 

 

Dear [CONTACT NAME],

 

It is with deep regret that I must inform you of my need to leave [NAME OF COMPANY] at the end of this [TIME].

 

After [NUMBER OF MONTHS/YEARS] employment with [NAME OF COMPANY], I find that my anticipated career goals are very different from the opportunities I am actually receiving in my current position.

 

I value the time I have spent with [NAME OF COMPANY], and the friends I have made. This position has taught me invaluable lessons about the [TYPE OF INDUSTRY], and for this I am very grateful. I do feel, however, that a change in my career plans is imminent in order for me to realize my full career potential.

 

Thank you for your continued support and guidance. I hope my departure does not place too much of an inconvenience on the [DEPARTMENT]. I will be happy to do whatever I can to make this transition as easy as possible.

 

 

Sincerely,

 

 

 

 

[YOUR NAME]

[YOUR TITLE]

[YOUR PHONE NUMBER]

[YOUREMAIL@YOURCOMPANY.COM]

 

 

 

 

 

 

§  Template (3)

 

Resignation Letter Moving to Another Company

 

 

April 20, 2016

 

 

Contact Name

Address

Address2

City, State/Province

Zip/Postal Code

 

 

 

OBJECT: RESIGNATION – MOVING TO ANOTHER COMPANY

 

 

Dear [CONTACT NAME],

 

As required by my employment agreement, I hereby give you [NOTICE PERIOD] weeks’ notice of my intention to leave my actual position as [POSITION].

 

I have decided that it is time for me to move on and I have accepted a position in another firm. This was not an easy decision and took a lot of consideration. However, I am confident that my new role will help move towards my career goals.

 

Please be assured that I will do all I can to assist in the smooth transfer of my responsibilities before leaving. I also ensure the respect of my commitment to [COMPANY] regarding confidentiality and non-competition, as specified in my employment agreement.

 

I wish both you and [COMPANY] every good fortune and I would like to thank you for the opportunity you gave me.

 

 

Sincerely,

 

 

 

 

[YOUR NAME]

[YOUR TITLE]

[YOUR PHONE NUMBER]

[YOUREMAIL@YOURCOMPANY.COM]

 

 

 

[IF SENT BY EMAIL YOU MAY INCLUDE THIS NOTICE]

 

This email is intended only for the person to whom it is addressed and/or otherwise authorized personnel. The information contained herein and attached is confidential and the property of [SENDER]. If you are not the intended recipient, please be advised that viewing this message and any attachments, as well as copying, forwarding, printing, and disseminating any information related to this email is prohibited, and that you should not take any action based on the content of this email and/or its attachments. If you received this message in error, please contact the sender and destroy all copies of this email and any attachment. Please note that the views and opinions expressed herein are solely those of the author and do not necessarily reflect those of the company. While antivirus protection tools have been employed, you should check this email and attachments for the presence of viruses. No warranties or assurances are made in relation to the safety and content of this email and attachments. [SENDER] accepts no liability for any damage caused by any virus transmitted by or contained in this email and attachments. No liability is accepted for any consequences arising from this email.

 

 

 

§  Template (4)

 

Resignation Letter Going back to school

 

 

April 20, 2016

 

 

Contact Name

Address

Address2                                                

City, State/Province

Zip/Postal Code

 

 

 

OBJECT: RESIGNATION – GOING BACK TO SCHOOL

 

 

Dear [CONTACT NAME],

 

As required by my contract of employment, I hereby give you [NOTICE PERIOD] week’s notice of my intention to leave my position as [POSITION].

 

I have decided to realize my professional and personal goals by accepting a formal offer to study for a [TYPE OF DEGREE] in [FIELD]. This was not an easy decision and took a lot of consideration but I believe it is an exciting step forward and one that I hope you will understand and support. Please be assured that I will do all I can to assist in the smooth transfer of my responsibilities before leaving.

 

Should you have a need for my skills in the field of [SPECIFY FIELD], I would of course consider returning once I have completed my studies. In the meantime, I wish both you and [COMPANY] every good fortune and I would like to thank you once again for the opportunity you gave me.

 

 

Sincerely,

 

 

 

 

[YOUR NAME]

[YOUR TITLE]

[YOUR PHONE NUMBER]

[YOUREMAIL@YOURCOMPANY.COM]

 

 

 

[IF SENT BY EMAIL YOU MAY INCLUDE THIS NOTICE]

 

This email is intended only for the person to whom it is addressed and/or otherwise authorized personnel. The information contained herein and attached is confidential and the property of [SENDER]. If you are not the intended recipient, please be advised that viewing this message and any attachments, as well as copying, forwarding, printing, and disseminating any information related to this email is prohibited, and that you should not take any action based on the content of this email and/or its attachments. If you received this message in error, please contact the sender and destroy all copies of this email and any attachment. Please note that the views and opinions expressed herein are solely those of the author and do not necessarily reflect those of the company. While antivirus protection tools have been employed, you should check this email and attachments for the presence of viruses. No warranties or assurances are made in relation to the safety and content of this email and attachments. [SENDER] accepts no liability for any damage caused by any virus transmitted by or contained in this email and attachments. No liability is accepted for any consequences arising from this email.

 

 

 

§  Template (5)

 

 

Letter of Resignation

 

April 20, 2016

 

 

Contact Name

Address

Address2         

City, State/Province

Zip/Postal Code

 

 

 

OBJECT: LETTER OF RESIGNATION

 

 

Dear [CONTACT NAME],

 

This is to inform you that an opportunity has presented itself that will enable me to work in the area of my
stated preference, which is [DESIGNATE]. I believe the reasons leading to this decision are known by you and I will therefore leave them unsaid at this time OR As much as I enjoyed working with you, I cannot let this opportunity pass me by.


I am therefore tendering my resignation and wish to advise you that [DATE] will be my last day of employment. I will of course assist you in any way possible in training my replacement and ensuring all impending matters are passed on to the appropriate people.

I would like to thank you for the experience of having worked for [YOUR COMPANY NAME], a truly outstanding organization, and offer my best wishes for your continued success.

 

 

Best wishes,

 

 

 

 

[YOUR NAME]

[YOUR TITLE]

[YOUR PHONE NUMBER]

[YOUREMAIL@YOURCOMPANY.COM]

 

 

 

[IF SENT BY EMAIL YOU MAY INCLUDE THIS NOTICE]

 

This email is intended only for the person to whom it is addressed and/or otherwise authorized personnel. The information contained herein and attached is confidential and the property of [SENDER]. If you are not the intended recipient, please be advised that viewing this message and any attachments, as well as copying, forwarding, printing, and disseminating any information related to this email is prohibited, and that you should not take any action based on the content of this email and/or its attachments. If you received this message in error, please contact the sender and destroy all copies of this email and any attachment. Please note that the views and opinions expressed herein are solely those of the author and do not necessarily reflect those of the company. While antivirus protection tools have been employed, you should check this email and attachments for the presence of viruses. No warranties or assurances are made in relation to the safety and content of this email and attachments. [SENDER] accepts no liability for any damage caused by any virus transmitted by or contained in this email and attachments. No liability is accepted for any consequences arising from this email.

 

 

 

 

 

 

 

 

 

 

Acceptance of Resignation

(For Company)

 

April 20, 2016

 

 

Contact Name

Address

Address2         

City, State/Province

Zip/Postal Code

 

 

 

OBJECT: ACCEPTANCE OF RESIGNATION

 

 

Dear [CONTACT NAME],

 

I have just been informed that you are quitting [COMPANY]. I must admit that it is with deep regret that we accept your resignation as [POSITION] of the [COMPANY].

 

We understand the demands that this position requested, and appreciate the tremendous contributions you have made as [POSITION].

 

I will be happy to provide you with a letter of recommendation, if you so request. You may find this helpful in securing a position with another firm. Please advise my secretary of your intent in this matter, so that we can have it prepared for you before your departure.

 

I know that I speak for everyone here at [COMPANY] in wishing you the very best of luck in the future.

 

 

Sincerely,

 

 

 

 

[YOUR NAME]

[YOUR TITLE]

[YOUR PHONE NUMBER]

[YOUREMAIL@YOURCOMPANY.COM]

 

 

 

 

 

 

 

 

 

 

 

 

Agreements


§  Acknowledgment of Obligations

 

 

ACKNOWLEDGMENT OF OBLIGATIONS

 

 

 

1)      I understand and acknowledge that during my employment with [YOUR COMPANY NAME] ("the Company") I have received or been exposed to trade secrets of the Company including, but not limited to, the following: [List trade secrets or "those listed on Exhibit A to this Agreement" (and attach list of trade secrets to document labeled as exhibit A)].

 

2)      I acknowledge that I have read, signed and been furnished with a copy of my Employment Agreement with the Company. I certify that I have complied with and will continue to comply with all of the provisions of the Employment Agreement, including my obligation to preserve as confidential all of the Company's trade secrets.

 

3)      I certify that I do not have in my possession, I have not retained copies of, nor have I failed to return: any system documentation, user manuals, modification reports, training instructions, formulas, compilers, data structures, algorithms, computer source code, notebooks, notes, drawings, proposals or other documents or materials (or extracts thereof), or equipment or other property belonging to the Company.

 

4)      [OPTIONAL CLAUSE; FOR USE WITH CREATIVE EMPLOYEES, SUCH AS PROGRAMMERS:] During my employment I contributed to the development of the Company's trade secrets. I acknowledge that, as provided in my Employment Agreement, all right, title and interest in and to any [Specify type of work] conceived or developed by me, whether in whole or in part, during the course of my employment by the Company belongs to the Company.

 

 

EMPLOYEE                                                                COMPANY

 

 

 

                                                                                                                                                           

Authorized Signature                                                    Authorized Signature

 

                                                                                                                                                           

Print Name and Title                                                     Print Name and Title

 

 

 

 

§  Separation and Release Agreement

 

 

SEPARATION AND RELEASE AGREEMENT

 

 

 

This Separation and Release Agreement ("Agreement") is made and effective this [DATE],

 

 

BETWEEN:                [EMPLOYEE NAME] (the "Employee"), an individual with his main address at:

 

                                    [COMPLETE ADDRESS]

 

 

 

AND:                           [YOUR COMPANY NAME] (the "Company"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at:

                                   

                                    [YOUR COMPLETE ADDRESS]

 

 

RECITALS

 

Employee is a former employee of the Company and the Parties wish to resolve any claim by Employee against the Company and all other existing differences completely and amicably, without litigation. Employee acknowledges that the payment to him under this Agreement is being made for the sole purpose of avoiding the uncertainties, vexations and expense of litigation.

 

The Parties represent that they have been advised about the Agreement by their respective counsel, are competent to enter into it, fully understand its terms and consequences, and enter into it knowingly and voluntarily.

 

NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows:

 

 

1.     NO ADMISSION

 

This Agreement is entered in connection with the compromise of disputed claims. Neither this Agreement nor any action or acts taken in connection with this Agreement or pursuant to it will constitute an admission by Company or any other person or entity of any violation of law, nor will it constitute or be construed as an admission of any wrongdoing whatsoever. In fact, Company, its officers, employees, agents and representatives specifically deny committing any unlawful act against Employee at any time.

 

 

2.     PAYMENT

 

Within three (3) days after execution of this Agreement, and in consideration for the promises and covenants contained herein, Company will cause to be delivered to counsel for Employee a check in the amount of [AMOUNT]. Except for this payment, Employee acknowledges and agrees that he is entitled to receive no other payments, benefits, or compensation from Company. Employee represents that there are no outstanding advances or other sums due to Company from Employee.
TAX

 

Appropriate tax deductions shall be made by the Company from the payment made under Section 2.

 

 

3.     RELEASE

 

Employee, on behalf of himself and his representatives, spouse, agents, heirs and assigns, releases and discharges Company and Company's former, current or future officers, employees, representatives, agents, fiduciaries, attorneys, directors, shareholders, insurers, predecessors, parents, affiliates, benefit plans, successors, heirs, and assigns from any and all claims, liabilities, causes of action, damages, losses, demands or obligations of every kind and nature, whether now known or unknown, suspected or unsuspected, which Employee ever had, now has, or hereafter can, shall or may have for, upon or by reason of any act, transaction, practice, conduct, matter, cause or thing of any kind whatsoever, relating to or based upon, in whole or in part, any act, transaction, practice or conduct prior to the date hereof, including but not limited to matters dealing with Employee’s employment or termination of employment with the Company, or which relate in any way to injuries or damages suffered by Employee (knowingly or unknowingly). This release and discharge includes, but is not limited to, [SPECIFY LAW], claims arising under federal, state and local statutory or common law, including, but not limited to, [SPECIFY LAW], claims for wrongful discharge under any public policy or any policy of the Company, claims for breach of fiduciary duty, and the laws of contract and tort; and any claim for attorney’s fees. Employee promises never to file a lawsuit or assist in or commence any action asserting any claims, losses, liabilities, demands, or obligations released hereunder.

 

 

4.     KNOWN OR UNKNOWN CLAIMS

 

The Parties understand and expressly agree that this Agreement extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, arising from or attributable to any conduct of the Company and its successors, subsidiaries, and affiliates, and all their employees, owners, shareholders, agents, officers, directors, predecessors, assigns, agents, representatives, and attorneys, whether known by Employee or whether or not Employee believes he may have any claims, and that any and all rights granted to Employee under [LAW] or any analogous state law or federal law or regulations, are hereby expressly WAIVED, if applicable. Said Section [NAME] of [LAW] reads as follows:

 

 

[RETYPE PARAGRAPH]

 

 

5.     NON-DISCLOSURE

 

Employee and his counsel represent that they have not disclosed the terms of this Agreement to anyone other than Employee's spouse. Employee, his counsel and Employee's spouse agree to keep the terms of the Agreement, including the fact that a payment was made to Employee and the amount of such payment, strictly confidential and, unless required by court order or other law, will not disclose such information without the prior written permission of the Company to anyone except Employee's attorneys or tax advisors, if any, but only after informing those persons that they too must keep the information confidential. If asked about the status of the dispute between the Parties, Employee, his counsel and Employee's spouse may state only that "the matter has been resolved" or words to that effect, but will not otherwise disclose any information about this Agreement or its terms. Because a breach of this confidentiality paragraph would cause Company damages that are impracticable or too difficult to fix, in the event of such a breach, Employee shall be liable to Company for liquidated damages in the amount of [AMOUNT] for each breach, plus any attorneys' fees and costs owed pursuant to Section 18 herein and any equitable relief.

 

 

6.     EMPLOYER PROPERTY AND TRADE SECRETS

 

Employee will return to Company any and all of its property and documents which he or she may have in his or her possession. including, but not limited to, documents, equipment, tools, computers, customer lists, correspondence, handbooks, manual reports, plans, projects, drawings, marketing materials, software, tapes, phones, cars, keys, security devices, inventions, formulas, and proprietary information within [DAYS] from the execution of this Agreement.

 

 

7.     NO FUTURE EMPLOYMENT

 

Employee promises not to seek employment or any other business relationship at any time in the future with Company or any of its parents or affiliates and he forsakes any right to be employed or to have any other business relationship in the future with Company or any of its parents or affiliates.

 

 

8.     NON SOLICITATION OF CLIENTS AND CUSTOMERS 

 

The Employee, on behalf of himself or herself, their agents and assigns, agrees that, for a period of [NUMBER] year following the execution of this Agreement, or so long as Company is in operation, whichever is less, he or she will not, for any reason whatsoever, directly or indirectly solicit the clients or customers of Company, without the written permission of Company. The Parties agree that any breach of this provision is a material breach of this Agreement.

 

 

9.     NON SOLICITATION OF EMPLOYEES 

 

The Employee, on behalf of himself or herself, his or her agents and assigns, agrees that for a period of [NUMBER] year following the execution of this Agreement, or so long as Company is in operation and in good standing, whichever is less, he or she will not, directly or indirectly, recruit any of the employees of Company then employed by Company for the purpose of employment in any outside business. The Parties acknowledge that any breach of this provision is a material breach of this Agreement.

 

 

10.  NO DISPARAGEMENT

 

Employee agrees not to disparage Company or any of its officers, employees, agents or representatives and will not knowingly say or do anything that would have an adverse impact on Company.

 

 

11.  REFERENCES

 

In response to any request to Company from any prospective employer for an employment reference regarding Employee, the Company shall provide only Employee's dates of employment and final job title.

 

 

12.  NO ADMISSION OF WRONGDOING

 

This agreement shall not in any way be construed as an admission by the released Parties of any acts of wrongdoing whatsoever against Employee or any other person.

 

 


13.  FURTHER DOCUMENTS

 

Each party agrees to execute or cause their counsel to execute any additional documents and take any further action which may reasonably be required in order to consummate this Agreement or otherwise fulfill the obligations of the Parties there under.

 

 

14.  DISPUTE

 

Should a dispute arise concerning this Agreement or its performance, such dispute shall be resolved, at the election of the party seeking to enforce the Agreement, either by court action, or by binding arbitration administered by the [ASSOCIATION/ORGANIZATION] under its commercial dispute resolution rules. If arbitration is initiated, the arbitration shall be held in [CITY], [STATE/PROVINCE].

 

 

15.  MODIFICATION AND WAIVER

 

Any modifications to this Agreement must be in writing and signed by duly authorized representatives of each of the Parties and must be expressly state that it is the intention of each of the Parties hereto to amend the Agreement. No breach of any provision of this Agreement shall be deemed waived unless the waiver is in writing signed by a duly authorized representative of the waiving party. Waiver of any one breach shall not be deemed a waiver of any other breach of the same or any other provision of this Agreement.

 

 

16.  CONSTRUCTION

 

This Agreement shall be construed and enforced in accordance with the laws of the [State/Province] of [STATE/PROVINCE]. The language of this Agreement shall be construed as to its fair meaning and not for or against either party.

 

 

17.  ATTORNEYS’ FEES

 

Should any action be brought by any party to this Agreement to enforce any provision thereof, the prevailing party shall be entitled to recover, in addition to any other relief, reasonable attorneys’ fees and costs and expenses of litigation or arbitration.

 

 

18.  INTEGRATION

 

This Agreement constitutes an integration of the entire understanding and agreement of the Parties with respect to the matters referred to in this Agreement. Any representation, warranty, promise or condition, whether written or oral, between the Parties with respect to the matters referred to in this Agreement which is not specifically incorporated in this Agreement shall not be binding upon any of the Parties hereto and the Parties acknowledge that they have not relied, in entering into this Agreement, upon any representations, warranties, promises or conditions not specifically set forth in this Agreement. No prior or contemporaneous oral or written understanding, covenant, or agreement between the Parties, with respect to the matters referred to in this Agreement, shall survive the execution of this Agreement. Each party hereto assumes the risk of misrepresentation, concealment or mistake, and if any party should subsequently discover that any fact relied upon in entering into this Agreement was untrue, or that any fact was concealed from it, or that its understanding of the facts or law was incorrect, it shall not be entitled to set aside this Agreement by reason thereof. This Agreement may be modified only by a written agreement executed by both Parties hereto.

 


19.  BINDING AGREEMENT

 

The Parties understand and expressly agree that this Agreement shall bind and benefit (as applicable) the heirs, employees, owners, officers, shareholders, directors, subsidiaries, spouses, affiliates, successors, predecessors, agents, witnesses, attorneys, representatives, and assigns of the Company and Employee.

 

 

20.  COUNTERPARTS

 

This Agreement may be executed in counterparts and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and all counterparts taken together shall constitute one and the same Agreement, which shall be binding and effective as to all Parties.

 

 

21.  HEADINGS

 

Headings in this Agreement are for convenience of reference only and are not a part of the substance hereof.

 

 

22.  TIME FOR ACCEPTANCE AND REVOCATION

 

If required by applicable law, Employee shall have up to [NUMBER] days from the date this Agreement is presented to Employee to accept the terms of this Agreement, although Employee may accept it at any time within those [NUMBER] days. If required by applicable law, after acceptance, Employee will still have an additional [NUMBER] days in which to revoke his acceptance. To so revoke, Employee must send the Company a written statement or revocation to be received by the Company by the end of the seventh day.

 

 

23.  STATEMENTS TO UNEMPLOYMENT BOARD AND TO OTHERS

 

Company agrees that it will not contest Employee’s application for unemployment insurance benefits. Notwithstanding this agreement, however, Company reserves the right to truthfully furnish information requested by the unemployment board or any other agency and to rebut false or misleading information submitted by the Employee, whether requested to do so or not.

 

 

24.  SEVERABILITY

 

If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect, except that, should paragraphs 4, 5 or 6 be held invalid, void or unenforceable, either jointly or separately, as a result of any action by Employee, Company shall be entitled to rescind the Agreement and/or recover from Employee any benefits provided to her under Section 2 above.

 

The Parties each hereby execute this Agreement as of [DATE].

 

COMPANY                                                                 EMPLOYEE

 

 
                                                                                                                                                            

Authorized Signature                                                    Authorized Signature

 

                                                                                                                                                           

Print Name and Title                                                     Print Name and Title

 


 

 

 

CERTIFICATION BY EMPLOYEE'S COUNSEL

 

 

 

We, [NAMES], are counsel to [EMPLOYEE]. We have reviewed the Agreement with our client. [HE/SHE] has indicated that [HE/SHE] is competent to enter into it, that [HE/SHE] fully understands its terms and consequences, and that [HE/SHE] enters into it knowingly and voluntarily. We also agree to abide by the confidentiality provision in Section 6 of the Agreement.

 

 

NAME                                                                         NAME

 

 

 
                                                                                                                                                            

Authorized Signature                                                    Authorized Signature

 

                                                                                                                                                           

Print Name and Title                                                     Print Name and Title

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

§  Severance Agreement

 

 

SEVERANCE AGREEMENT

 

This Severance Agreement (the “Agreement”) is made and effective [DATE],

 

 

BETWEEN:                [EMPLOYEE NAME] (the "Employee"), an individual with his main address at:

 

                                    [COMPLETE ADDRESS]

 

 

AND:                           [YOUR COMPANY NAME] (the "Employer"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at:

 

                                    [YOUR COMPLETE ADDRESS]

 

 

Whereas Employee is presently employed by Employer. Both parties are interested in an amicable severance of their employer/employee relationship.

 

We therefore make the following agreement:

 

25.  In consideration of Employee signing of this agreement and the attached letter of resignation, [HIS OR HER] employment will voluntarily end effective [DATE], Employer agrees to pay [AMOUNT] to Employee on signing this agreement and the letter of resignation and delivering those funds to Employee by [DATE AND TIME].

 

26.  The payment made under to Paragraph 1 will be subject to normal withholding for applicable taxes.

 

27.  Employee agrees not to discuss the terms of this agreement with anyone except [HIS OR HER] legal and financial counsel. Employee violation of this part of the agreement will require the forfeiture of all monies paid to [HIM OR HER] by [YOUR COMPANY NAME].

 

28.  Employee agrees to return to Employer any company property, documents or copies of company documents or other confidential information presently in [HIS OR HER] possession. Employee understands that the failure to do so could result in prosecution.

 

29.  Employee agrees to pay any and all of Employer attorney fees should [HIS OR HER] actions lead Employer to enforce any provisions of this agreement.

 

30.  None of the terms or conditions of this agreement will be altered, amended, waived, or abandoned, except by the parties’ written agreement, and no delay by Employer in enforcing any of its rights will be deemed a waiver of such rights.

 

31.  This Agreement sets forth the parties’ entire understanding, and supersedes any and all prior agreements, arrangements and understandings relating to this subject matter.

 

32.  Nothing contained in this Agreement will be construed as an admission of liability by Employer, all such liability being hereby specifically denied.

 

33.  This Agreement will be executed in one or more counterparts, and all such counterparts will constitute one and the same instrument.

 

34.  This Agreement is entered into under the laws of the [State/Province] of [STATE/PROVINCE] and the rights and obligations of these parties will be governed and determined according to its laws.

 

35.  Employee specifically acknowledges that [HE OR SHE] has had adequate time to reflect on the advisability of this action, has read this document, and has entered into this Agreement voluntarily.

 

 

These parties have executed this agreement and/or authorized same to be executed by their duly authorized representatives as of the date shown below the respective signatures. This Agreement becomes effective as of the later date.

 

 

EMPLOYEE                                                                COMPANY

 

 
 
                                                                                                                                                            

Authorized Signature                                                    Authorized Signature

 

                                                                                                                                                           

Print Name and Title                                                     Print Name and Title

 

 

 

§  Non-Disclosure and Non-Compete Agreement

 

 

NON-DISCLOSURE AND NON-COMPETE AGREEMENT

 

 

This Acknowledgment of Obligations (the "Agreement") is made and effective this [DATE],

 

 

BETWEEN:                [EMPLOYEE NAME] (the "Employee"), an individual with his main address at:

 

                                    [COMPLETE ADDRESS]

 

AND:                            [YOUR COMPANY NAME] (the "Company"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at:

 

                                    [YOUR COMPLETE ADDRESS]

 

 

WHEREAS, Company desires to employ Employee and Employee desires to be employed by Company in connection with certain aspects of the development or marketing of certain computer systems or other products for Company; and

 

WHEREAS, in connection with such employment, Employee may be given access to, generate, or otherwise come into contact with certain proprietary and/or confidential information of Company or clients of Company; and

 

WHEREAS, Employee and Company desire to prevent the dissemination or misuse of such information;

 

NOW, THEREFORE, the parties hereto mutually agree as follows:

 

 

36.  EMPLOYMENT

 

Company hereby employs or continues to employ Employee and Employee hereby accepts employment, upon the terms and conditions contained herein and at a compensation as shall be agreed upon from time to time by Company and Employee. This Agreement shall commence on the date hereof and shall remain in effect for an indefinite time until terminated by either party by giving the other party notice of termination at least [NUMBER] days in advance. While employed by Company, Employee shall devote his or her full working time to Company's affairs and shall faithfully and diligently serve Company's interests.

 

 

37.  CONFIDENTIALITY

 

Employee recognizes and acknowledges that the systems which Company owns, plans or develops, whether for its own use or for use by its clients, are confidential and are the property of Company. Employee further recognizes and acknowledges that in order to enable Company to perform services for its clients, such clients may furnish to Company confidential information concerning their business affairs, property, methods of operation or other data; that the goodwill afforded to Company depends upon, among other things, Company and its employees keeping such services and information confidential (collectively, including Company systems and Company client information, the "Confidential Information").

 

 


38.  NON-DISCLOSURE

 

Employee agrees that, except as directed by Company, the Employee will not at any time, whether during or after his employment with Company, disclose to any person or use any Confidential Information, or permit any person to examine and/or make copies of any documents which contain or are derived from Confidential Information, whether prepared by the Employee or otherwise coming into the Employee's possession or control without the prior written permission of Company.

 

 

39.  POSSESSION

 

Employee agrees that upon request by Company, and in any event upon termination of employment, Employee shall turn over to Company all documents, papers or other material in his possession or under his control which may contain or be derived from Confidential Information, together with all documents, notes or other work product which is connected with or derived from Employee's services to Company whether or not such material is at the date hereof in Employee's possession. Employee agrees that the Employee shall have no proprietary interest in any work product developed or used by Employee and arising out of his employment by Company. Company shall, from time to time as may be requested by Company, do all things which may be necessary to establish or document Company's ownership of any such work product, including, but not limited to execution of appropriate copyright applications or

assignments.

 

 

40.  NON-COMPETITION

 

Employee agrees and covenants that because of the confidential and sensitive nature of the Confidential Information and because the use of, or even the appearance of the use of, the Confidential Information in certain circumstances may cause irreparable damage to Company and its reputation, or to clients of Company, Employee shall not, until the expiration of two years after the termination of the employment relationship between Company and Employee, engage, directly or indirectly, or through any corporations or associates in any business, enterprise or employment which is directly competitive with Company.

 

 

41.  SAVING PROVISION

 

Company and Employee agree and stipulate that the agreements and covenants not to compete contained in the preceding paragraph are fair and reasonable in light of all of the facts and circumstances of the relationship between Employee and Company; however, Employee and Company are aware that in certain circumstances courts have refused to enforce certain agreements not to compete. Therefore, in furtherance of and not in derogation of the provisions of the preceding paragraph Company and Employee agree that in the event a court should decline to enforce the provisions of the preceding paragraph, that paragraph shall be deemed to be modified to restrict Employee's competition with Company to the maximum extent, in both time and geography, which the court shall find enforceable; however, in no event shall the provisions of the preceding paragraph be deemed to be more restrictive to Employee than those contained therein.

 

 

42.  ENFORCEABLE

 

The provisions of this Agreement shall be enforceable notwithstanding the existence of any claim or cause of action of Employee against Company whether predicated on this Agreement or otherwise.

 

 


43.  ENTIRE AGREEMENT

 

This Agreement contains the entire agreement of the parties relating to the subject matter hereof. This Agreement may be modified only by an instrument in writing signed by both parties hereto.

 

 

44.  INJUNCTIVE RELIEF

 

The Employee acknowledges that disclosure of any Confidential Information or breach of any of the non-competitive covenants or agreements contained herein will give rise to irreparable injury to Company or clients of Company, inadequately compensable in damages. Accordingly, Company or, where appropriate a client of Company, may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available. The Employee further acknowledges and agrees that in the event of the termination of employment with the Company the Employee's experience and capabilities are such that the Employee can obtain employment in business activities which are of a different or non-competing nature with his or her activities as an  employee of Company; and that the enforcement of a remedy hereunder by way of injunction shall not prevent the Employee from earning a reasonable livelihood. The Employee further acknowledges and agrees that the covenants contained herein are necessary for the protection of the Company's legitimate business interests and are reasonable in scope and content.

 

 

45.  COMPANY'S CLIENTS

 

If Employee's employment with Company terminates for any reason, the Employee shall not, for a period of one year from the date of termination, have any business dealings whatsoever, either directly or indirectly or through corporate entities or associates with any customer or client of Company or its subsidiaries or any person or firm which has contacted or been contacted by Company as a potential customer or client of Company; and Employee shall keep in strictest confidence, both during the Employee's employment and subsequent to termination of employment, and shall not during the period of employment or thereafter disclose or divulge to any person, firm or corporation, or use directly or indirectly, for the Employee's own benefit or the benefit of others, any information which in good faith and good conscience ought to be treated as confidential information including, without limitation, information relating to the software developed by Company, information as to sources of, and arrangements for, hardware supplied to customers or clients of Company, submission and proposal procedures of  Company, customer or contact lists or any other Confidential Information.

 

 

46.  GOVERNING LAW

 

The Agreement shall be construed in accordance with the laws of the State of [STATE/PROVINCE].

 

 

47.  NOTICE

 

Any notice to be given under this Agreement shall be sufficient if it is in writing and is sent by certified or registered mail to Employee at his residence address as the same appears on the books and records of Company or to Company at its principal office, attention of the President, or otherwise as directed by Company, from time to time.

 

 

48.  SURVIVAL

 

The provisions of this Agreement relating to confidentiality or non-competition shall survive the termination of employment, however caused.

 

IN WITNESS WHEREOF, the undersigned have hereunto set their hands as of the date first above written.

 

 

COMPANY                                                                 EMPLOYEE

 

 

 

                                                                                                                                                            

Authorized Signature                                                  Authorized Signature

 

                                                                                                                                                           

Print Name and Title                                                   Print Name and Title