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Exit Agreement Template for Switzerland

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Key Requirements PROMPT example:

Exit Agreement

"I need a Swiss Exit Agreement for our departing Chief Technology Officer, who holds significant stock options and will be subject to a 12-month non-compete starting March 1, 2025; must include provisions for accelerated vesting of equity and ongoing advisory services."

Document background
An Exit Agreement is essential when formally documenting the termination of employment relationships under Swiss law. This document type is typically used in both mutual separation scenarios and in cases where employment is terminated by either party, particularly for senior employees or in sensitive termination situations. The Exit Agreement comprehensively addresses all aspects of the employment termination, including financial settlements, benefit arrangements, continuing obligations, and release of claims, while ensuring compliance with Swiss employment law requirements, particularly those under the Swiss Code of Obligations. It provides legal certainty for both parties and helps prevent future disputes by clearly documenting all agreed terms. The agreement is particularly important in Switzerland due to the specific requirements regarding employment termination, social security, and pension arrangements under Swiss law.
Suggested Sections

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

2. Background: Brief context of the employment relationship, including start date and current position

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specification of the final day of employment and any garden leave period

5. Final Salary and Benefits: Details of final salary payment, pro-rated bonus, and treatment of benefits

6. Settlement Payment: Terms and amount of any settlement payment, including timing and tax treatment

7. Company Property: Requirements for return of company property and documentation

8. Confidentiality Obligations: Ongoing confidentiality obligations post-employment

9. Full and Final Settlement: Mutual waiver of claims, subject to mandatory Swiss law provisions

10. Reference and Communications: Agreement on employment references and internal/external communications

11. Continuing Obligations: Surviving terms from employment contract and statutory obligations

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

Optional Sections

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

2. Non-Competition: Include when implementing post-termination restrictions, subject to Swiss law requirements

3. Retention Bonus: Used when offering additional payment for remaining until termination date

4. Outplacement Support: When providing career transition services

5. Equity/Share Treatment: Required if employee has share options or equity-based compensation

6. Board Resignations: Include for employees holding director positions

7. Legal Fees: When employer agrees to contribute to employee's legal costs

8. Insurance Continuation: If extending insurance coverage post-termination

Suggested Schedules

1. Payment Schedule: Detailed breakdown of all payments, including timing and tax treatment

2. Benefits Summary: List of benefits and their treatment post-termination

3. Company Property List: Inventory of items to be returned

4. Reference Letter: Agreed form of employment reference (Arbeitszeugnis)

5. Social Insurance Forms: Standard forms required for Swiss social security authorities

6. Pension Fund Information: Details of pension arrangements and transfer options

7. Release Form: Standard form confirming return of property and settlement of accounts

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






























Clauses































Relevant Industries

Banking and Financial Services

Insurance

Pharmaceuticals

Manufacturing

Technology

Professional Services

Retail

Healthcare

Education

Telecommunications

Construction

Hospitality

Consumer Goods

Energy

Transportation and Logistics

Relevant Teams

Human Resources

Legal

Finance

Executive Management

Operations

Information Technology

Sales

Marketing

Research and Development

Product Development

Customer Service

Administration

Compliance

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Senior Manager

Department Head

Project Manager

Sales Director

Technical Lead

Senior Engineer

HR Manager

Financial Controller

Operations Manager

Research Scientist

Account Executive

Product Manager

Regional Manager

Business Development Director

Legal Counsel

Marketing Manager

IT Manager

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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