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An Affidavit of Release, Waiver, and Quitclaim for Employment is used when an employee voluntarily resigns from employment.
When an employee resigns from employment, they are usually given a "final pay" which includes all remaining salaries and other contractual and legal benefits that the employee has earned but has not yet received. When the final pay is given, the employer would usually want to protect its interest by asking the employee to sign an Affidavit or Release, Waiver, and Quitclaim which would state that the employer has paid everything that is owing to the employee and that the employee has no other claims against the employer. In other words, the employee is waiving any and all claims in favor of the final pay. Because of this, the Affidavit of Release, Waiver, and Quitclaim would also include a statement that the employee is waiving any and all claims against the employer that is connected to or arising out of the employment relationship.
Once an Affidavit of Release, Waiver, and Quitclaim is signed by the employee, they can generally take no further action against the other party, in connection to the specific incident. This means that the parties may be giving up some of their legal rights. Therefore, if the parties have any concerns about this, they should seek legal advice.
To be valid and binding between the employer and employee, it is important (and the employer should prove) that:
1. the quitclaim was voluntarily signed by the employee;
2. there was no fraud or deceit on the part of any of the parties;
3. the consideration or the final pay is credible and reasonable;
4. the quitclaim is not contrary to law, public order, public policy, morals, or good customs, nor is it prejudicial to a third person with a right recognized by law.
This document is specifically drafted for an employment situation. If the quitclaim will not relate to an employment situation, a Mutual Release, Waiver, and Quitclaim should be used if both parties are releasing the other party from liability or a Release, Waiver and Quitclaim (One Way) if only one party is releasing the other party from liability.
How to use this document
The user should enter all the information required to complete the document. Once completed, the employee should review the document to see if all the information is correct. The employer should also explain the contents of the document to the employee. Specifically, the employer should explain that, in signing the Affidavit of Release, Waiver, and Quitclaim, the employee will be waiving any and all claims that they may have against the employer. The explanation should be in a language or dialect that the employee understands.
There should be two (2) witnesses to the execution of the document who must also affix their signature thereon, and because this document is an affidavit, it should be signed in the presence of a notary public. Thus, the employee should go to a notary public (with at least three (3) copies of the document) to swear an oath to the truth of the statements contained in the Affidavit of Release, Waiver and Quitclaim. Only then can the employee, together with the two (2) witnesses sign the Affidavit of Release, Waiver, and Quitclaim.
There are no laws that apply specifically to an Affidavit Release, Waiver, and Quitclaim for Employment however, jurisprudence and the Labor Code of the Philippines may apply.
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