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Mutual Consent Termination Template for Switzerland

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Key Requirements PROMPT example:

Mutual Consent Termination

"I need a Mutual Consent Termination agreement for a senior software engineer in our Zurich office who will be departing on March 15, 2025, with garden leave provisions and retention of certain stock options."

Document background
This document is essential when an employer and employee in Switzerland agree to end their employment relationship by mutual consent, rather than through unilateral termination. A Mutual Consent Termination agreement is commonly used when both parties wish to negotiate and document favorable terms for separation, providing legal certainty and protection for all involved. It's particularly valuable in situations involving senior executives, sensitive departures, or complex compensation arrangements. The agreement must comply with Swiss employment law, including the Swiss Code of Obligations and relevant cantonal regulations. It typically includes comprehensive provisions covering financial settlements, benefit arrangements, confidentiality obligations, and post-employment restrictions. This type of agreement helps prevent future disputes by clearly documenting all terms of the separation and ensuring both parties understand their rights and obligations.
Suggested Sections

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

2. Background: Brief context of the employment relationship and mutual decision to terminate

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment relationship will end

5. Final Salary and Benefits: Details of final regular salary payment and treatment of benefits

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

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

8. Confidentiality Obligations: Ongoing confidentiality obligations post-termination

9. Full and Final Settlement: Mutual release of claims and confirmation of full settlement

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

11. Governing Law: Confirmation of Swiss law governance and jurisdiction

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Garden Leave: Include when there is an agreement for paid leave during notice period

2. Post-Termination Restrictions: Include when maintaining or modifying existing non-compete or non-solicitation clauses

3. Legal Costs: Include when there is an agreement regarding payment of legal costs

4. Ongoing Cooperation: Include when employee's assistance may be needed for transition or future matters

5. Tax Indemnity: Include when specific tax arrangements or indemnities are agreed

6. Insurance Continuation: Include when addressing continuation or conversion of insurance benefits

7. Share Options/Awards: Include when employee has outstanding share options or awards to be addressed

8. Pension Arrangements: Include when specific pension-related arrangements need to be documented

Suggested Schedules

1. Schedule 1 - Settlement Calculation: Detailed breakdown of all payments and benefits

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

3. Schedule 3 - Reference Letter: Agreed form of employment reference

4. Appendix A - Existing Post-Termination Restrictions: Copy of relevant restrictions from employment contract

5. Appendix B - Certificate of Independent Legal Advice: If applicable, confirmation that employee received independent legal advice

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

Manufacturing

Technology

Healthcare

Retail

Professional Services

Construction

Education

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Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Administration

Compliance

Risk Management

Corporate Services

Employee Relations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Department Head

Senior Manager

Project Manager

HR Director

Legal Counsel

Finance Manager

Operations Manager

Sales Director

Technical Lead

Research Scientist

Account Manager

Software Engineer

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Marketing Manager

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Regional 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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