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Independent Contractor Termination Template for Switzerland

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Key Requirements PROMPT example:

Independent Contractor Termination

"I need an Independent Contractor Termination agreement under Swiss law for a software developer contractor who will be transitioning their projects to our internal team by March 2025, with specific provisions for knowledge transfer and code documentation."

Document background
This document is essential when a company or independent contractor wishes to formally terminate their professional relationship in Switzerland. The Independent Contractor Termination agreement ensures compliance with Swiss law, particularly the provisions of the Swiss Code of Obligations regarding mandate agreements (Auftragsrecht). It should be used when either party wishes to end the contractor relationship, whether by mutual agreement or as per the terms of the original contract. The document covers critical aspects such as final compensation, handling of confidential information, return of property, and ongoing obligations. It's particularly important in the Swiss context where clear documentation of business relationships and their termination is crucial for legal and tax purposes. The agreement helps prevent future disputes by clearly defining the terms of separation and any post-termination obligations.
Suggested Sections

1. Parties: Identification of the contracting parties - the company and the independent contractor

2. Background: Reference to the original independent contractor agreement and its key terms, including its execution date and general scope

3. Definitions: Key terms used throughout the termination agreement

4. Termination Date: Specification of the effective date of termination

5. Final Payments: Details of any outstanding payments, final invoices, and reimbursements

6. Return of Property: Requirements for returning company property, documents, and materials

7. Continuing Obligations: Specification of obligations that survive termination, including confidentiality and non-competition

8. Final Release: Mutual release of claims related to the contractor relationship

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

Optional Sections

1. Transition of Services: Required when the contractor needs to transfer ongoing work or knowledge to the company or another contractor

2. Intellectual Property Assignment: Needed when there are specific IP rights to be transferred or clarified upon termination

3. Non-Disparagement: Optional clause preventing parties from making negative statements about each other

4. Reference and Communications: Include when parties want to agree on how the termination will be communicated to third parties

5. Tax Provisions: Required when there are specific tax implications that need to be addressed, particularly for VAT-registered contractors

6. Dispute Resolution: Optional alternative dispute resolution procedures beyond standard court jurisdiction

7. Insurance and Liability: Include when there are ongoing insurance or liability matters that need to be addressed

Suggested Schedules

1. Schedule of Outstanding Payments: Detailed list of any pending payments, expenses, or financial settlements

2. Schedule of Company Property: Inventory of all company property to be returned

3. Schedule of Ongoing Projects: List of projects requiring transition or completion

4. Schedule of Surviving Provisions: Detailed list of provisions from the original agreement that survive termination

5. Final Invoice Template: Template for the contractor's final invoice, 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

























Clauses



























Relevant Industries

Technology

Construction

Professional Services

Healthcare

Media and Entertainment

Financial Services

Education

Manufacturing

Consulting

Real Estate

Software Development

Creative Industries

Relevant Teams

Legal

Human Resources

Finance

Procurement

Operations

Project Management Office

Compliance

Administrative Services

Risk Management

Relevant Roles

CEO

Managing Director

HR Director

Legal Counsel

Project Manager

Procurement Manager

Operations Director

Finance Director

Department Head

Business Unit Manager

Contracts Manager

HR Business Partner

General Counsel

Chief Operating Officer

Resource 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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