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Ending A Fixed Term Contract Early Template for Switzerland

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Key Requirements PROMPT example:

Ending A Fixed Term Contract Early

"Need a document for Ending A Fixed Term Contract Early for a software developer who has received a better offer elsewhere, with the contract originally set to end in December 2025 but now planning to terminate in March 2025; must include provisions for knowledge transfer and handling of ongoing project commitments."

Document background
This document template is specifically designed for situations where both employer and employee agree to end a fixed-term employment contract before its scheduled completion date in Switzerland. The template "Ending A Fixed Term Contract Early" is crucial when parties need to document their mutual agreement to terminate, ensuring compliance with Swiss employment law, particularly the Swiss Code of Obligations. It's typically used when circumstances such as business restructuring, employee career changes, or mutual agreement to end the relationship arise before the contract's natural conclusion. The document includes comprehensive provisions for financial settlements, continuing obligations, and mutual releases, while ensuring all Swiss legal requirements are met. It's particularly important as fixed-term contracts in Switzerland have specific legal protections and requirements that differ from regular employment contracts.
Suggested Sections

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

2. Background: Details of the original fixed-term contract including its start date, intended end date, and reference number

3. Definitions: Key terms used in the agreement including 'Termination Date', 'Original Contract', and 'Settlement Payment'

4. Early Termination Agreement: The mutual agreement to terminate the contract early and the specific termination date

5. Final Salary and Benefits: Details of the final salary payment, including pro-rata bonus if applicable, and treatment of benefits

6. Settlement Payment: Any additional payments agreed as part of the early termination

7. Company Property: Requirements for returning company property and documents

8. Final Release: Mutual release of claims between the parties

9. Tax Implications: Statement regarding the tax treatment of payments

10. Governing Law: Confirmation that Swiss law governs the agreement

11. Signatures: Execution blocks for both parties

Optional Sections

1. Garden Leave: Include if the employee will be placed on garden leave during notice period

2. Post-Termination Restrictions: Include if enforcing or modifying any existing non-compete or non-solicitation clauses

3. Reference: Include if a specific form of reference has been agreed

4. Continuing Obligations: Include if specific obligations from the original contract continue post-termination

5. Insurance Continuation: Include if there are specific arrangements regarding insurance coverage post-termination

6. Training Cost Repayment: Include if there is any waiver or modification of training cost repayment obligations

7. Outstanding Leave: Include if there are specific arrangements for unused vacation days

8. Legal Costs: Include if there is any agreement regarding payment of legal costs

Suggested Schedules

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

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

3. Schedule 3 - Benefits Summary: Summary of treatment of various benefits and their termination dates

4. Appendix A - Form of Release: Formal release document if required under Swiss law

5. Appendix B - Reference Letter: Agreed form of reference letter 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

Banking & Financial Services

Information Technology

Manufacturing

Healthcare

Education

Construction

Hospitality

Professional Services

Retail

Telecommunications

Pharmaceutical

Research & Development

Media & Entertainment

Non-Profit Organizations

Public Sector

Relevant Teams

Human Resources

Legal

Finance

Compliance

Employee Relations

Talent Management

Payroll

Operations

Risk Management

Relevant Roles

HR Director

HR Manager

Legal Counsel

Employment Lawyer

HR Business Partner

Compensation & Benefits Manager

Personnel Administrator

Hiring Manager

Department Head

Chief Human Resources Officer

Employee Relations Manager

Talent Management Director

HR Operations Manager

Recruitment Manager

Compliance Officer

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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