Compromise Agreement in Court Sample Philippines

Compromise Agreement in Court Sample Philippines: A Guide for Employers and Employees

When an employment relationship is terminated, disputes may arise between employers and employees regarding the terms of separation. In the Philippines, one way to resolve such disputes amicably is through a compromise agreement.

A compromise agreement is a contract between the employer and employee where they agree to settle their differences and avoid further legal action. It is a voluntary agreement, meaning that both parties must willingly enter into it. Once signed, it becomes binding and enforceable.

If you`re an employer or employee in the Philippines seeking to resolve an employment dispute through a compromise agreement, it`s important to understand the essential elements that should be included in such an agreement. The following is a sample compromise agreement in court that can serve as a guide:

COMPROMISE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Compromise Agreement is entered into by and between [EMPLOYER], with principal office at [ADDRESS], represented by its [POSITION], [NAME OF REPRESENTATIVE], and [EMPLOYEE], with residence at [ADDRESS], represented by [HIS/HER] attorney-in-fact [NAME OF ATTORNEY-IN-FACT]; hereinafter referred to as the “PARTIES.”

WHEREAS, the parties entered into a [EMPLOYMENT CONTRACT/AGREEMENT] on [DATE], covering the [NATURE OF WORK] of the employee;

WHEREAS, the parties have disagreed on the terms of separation of the employee from the employer;

WHEREAS, the parties wish to settle their differences amicably and avoid further legal action;

NOW, THEREFORE, the parties hereby agree as follows:

1. The employee`s employment with the employer is terminated effective [DATE OF TERMINATION].

2. The employer shall pay the employee an amount of [AMOUNT IN WORDS AND FIGURES] as separation pay and all other benefits due to the employee, including but not limited to:

a. [SPECIFY BENEFITS, IF ANY, SUCH AS SALARY, 13TH MONTH PAY, VACATION LEAVE, ETC.]

3. The employee shall waive all claims, demands, and causes of action against the employer arising from or related to his/her employment with the employer, including but not limited to:

a. [SPECIFY CLAIMS, IF ANY, SUCH AS UNPAID SALARY, OVERTIME PAY, DAMAGES, ETC.]

4. The employer and employee hereby certify that they have fully understood the terms and conditions of this agreement and voluntarily entered into it.

5. This agreement shall be binding and enforceable against the parties and their respective heirs, successors, and assigns.

6. This agreement shall be governed by and construed in accordance with the laws of the Philippines.

IN WITNESS WHEREOF, the parties have executed this agreement on [DATE], at [PLACE], Philippines.

[EMPLOYER] [EMPLOYEE]

By: ________________________ By: ________________________

[NAME OF REPRESENTATIVE] [NAME OF ATTORNEY-IN-FACT]

[POSITION] [ADDRESS]

[ADDRESS] [CONTACT INFORMATION]

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