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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."
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
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
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
Banking and Financial Services
Insurance
Pharmaceuticals
Manufacturing
Technology
Professional Services
Retail
Healthcare
Education
Telecommunications
Construction
Hospitality
Consumer Goods
Energy
Transportation and Logistics
Human Resources
Legal
Finance
Executive Management
Operations
Information Technology
Sales
Marketing
Research and Development
Product Development
Customer Service
Administration
Compliance
Corporate Communications
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
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