What Is a Golden Handshake?

Table of Contents

Share at:

The business-legal world is full of idioms. Whether you are learning the ropes, or have been working in business for a long time, you will encounter certain phrases from time to time that you might be unsure about. A ‘Golden handshake’ might be one of those. In this article, we’ll explain what a golden handshake is and how it works in employment law.

In a nutshell, a ‘golden handshake’ is a clause in an employment contract. The clause generally outlines conditions of severance packages if employees lose their job through firing, restructuring, or even scheduled retirement. In addition to these clauses, these are some important legal considerations to make in the event of termination

  • Whether you will need a deed of release
  • How much notice is required and whether you’re willing to pay out that notice in lieu of your employee working it

Who is Eligible?

Golden handshake clauses may be put into any employment agreement. However, these clauses are more likely to be found in senior employees, executive, or directors’ contracts.

What Does This Include?

Whilst there is no definitive structure to the golden handshake, the clause may likely include the following provisions:

  • A long fixed-term contract giving rise to damages in the event of early termination.
  • Payment of a fixed sum in the event of employer repudiation or non-renewal of a contract.
  • The option to resign and claim a fixed sum in the event of a change of control of the company because of a takeover.

What Are the Implications?

Although it might be all of one clause in your employment contract, a golden handshake may incur a broad number of other consequences. It is very important that you make sure this clause does not create issues with other components of your employment agreement. Consider the following things in the negotiation of any golden handshake clauses:

  • Restraint of trade.
  • Accrued annual and long service leave.
  • Outstanding remuneration.
  • Balance of superannuation contributions.
  • Tax implications may arise as a result of any severance payments.

More information on employment termination can be found on the Australian Government Fairwork Ombudsman website. If you are unsure about what your rights and responsibilities are in respect of the golden handshake, it may advisable to seek assistance from a contract or employment lawyer.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Home office — the changing face of small business in Australia

The changing face of small business in Australia

Australia has 2.8 million trading businesses, and solo operators drove almost all of last year's growth. See which industries and places are leading.

How to Start a Small-Scale Mining Business: Essential Legal, Financial, and Operational Steps

Our guide on how to start a small mining business in Australia can help you capitalise on your skills.

How To Fire An Independent Contractor (2026 Update)

Have you hired an independent contractor and aren't happy with how things are going? Learn more about the legal avenues available to you.

How to Find Your ABN (2026 Update)

Your ABN is your business's key identifier. But what happens if you misplace it? Read to find out more.

How Often Should Employees Have Performance Reviews?

Performance reviews are a popular method of measuring and evaluating an employees' capability. So how often should you conduct performance reviews?

How Many Shareholders Can a Private Company Have?

Is there a limit on the number of shareholders your private company can have? Read more to find out about shareholders in private companies.