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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."
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
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
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
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