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Employee Exit Agreement Template for Switzerland

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Key Requirements PROMPT example:

Employee Exit Agreement

"I need an Employee Exit Agreement for our departing Chief Technology Officer based in Zurich, who holds significant stock options and will be subject to a 12-month non-compete clause, with their last working day being March 31, 2025."

Document background
The Employee Exit Agreement is a crucial document used in Switzerland when formally concluding an employment relationship, whether through mutual agreement or following a termination notice. It serves as a comprehensive record of all termination terms, ensuring compliance with Swiss employment law, particularly the Swiss Code of Obligations. This document is typically used when parties wish to clearly document the terms of separation, including financial settlements, continuing obligations, and mutual releases. It's especially important in cases involving senior employees, complex compensation arrangements, or when additional settlement terms are negotiated. The agreement helps prevent future disputes by clearly outlining all aspects of the employment termination, including specific Swiss requirements such as reference letters and pension fund arrangements.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Brief overview of employment history, current position, and reason for exit agreement

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date of employment termination and last working day

5. Final Salary and Benefits: Details of final salary payment, including pro-rated bonuses and outstanding vacation pay

6. Settlement Payment: Any additional payments agreed upon as part of the exit package

7. Company Property: Obligations regarding return of company property and equipment

8. Confidentiality Obligations: Ongoing duties regarding confidential information and trade secrets

9. Reference Letter: Commitment to provide a reference letter as per Article 330a CO

10. Release of Claims: Mutual release of claims between parties

11. Final Declarations: Confirmation of understanding and agreement to terms

12. Governing Law: Confirmation of Swiss law application and jurisdiction

13. Signatures: Execution blocks for both parties

Optional Sections

1. Garden Leave: Used when employee is placed on paid leave during notice period

2. Non-Competition Clause: Include when maintaining post-employment competition restrictions

3. Ongoing Projects Handover: Required when employee has significant projects or responsibilities to transfer

4. Stock Options/Share Rights: Include when employee has equity-based compensation to address

5. Insurance Continuation: Used when specific arrangements for insurance coverage transition are needed

6. Outplacement Support: Include when employer provides career transition services

7. Pension Arrangements: Required for senior employees or complex pension situations

8. Communications: Include when parties need to agree on internal/external communications about departure

Suggested Schedules

1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all final payments including salary, bonuses, and deductions

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Ongoing Benefits Summary: Details of any benefits continuing post-employment

4. Schedule 4 - Reference Letter Draft: Agreed form of reference letter as required by Swiss law

5. Appendix A - Handover Plan: Detailed plan for transition of responsibilities (if applicable)

6. Appendix B - Non-Competition Terms: Detailed terms of non-compete obligations (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries

Financial Services

Banking

Insurance

Manufacturing

Technology

Pharmaceutical

Healthcare

Professional Services

Retail

Telecommunications

Construction

Education

Hospitality

Consumer Goods

Energy

Transportation

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Product Development

Business Development

Engineering

Quality Assurance

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Engineer

Sales Manager

Account Executive

HR Manager

Financial Analyst

Operations Manager

Research Scientist

Marketing Manager

Legal Counsel

Product Manager

Business Analyst

Technical Lead

Administrative Assistant

Customer Service Representative

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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