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Termination Agreement

Termination Agreement Template for Switzerland

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Key Requirements PROMPT example:

Termination Agreement

"I need a Termination Agreement for a senior software engineer in our Zurich office who will be leaving amicably on March 1, 2025, with garden leave provisions and continued health benefits for 3 months, plus treatment of unvested stock options."

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Document background
The Termination Agreement is a crucial document used in Switzerland when an employer and employee mutually agree to end their employment relationship or formalize the terms of a termination. It's particularly relevant in situations involving senior executives, sensitive departures, or complex compensation arrangements. The document must comply with Swiss employment law, specifically the Swiss Code of Obligations (OR), and typically includes comprehensive provisions covering financial settlements, ongoing obligations, and mutual releases. This type of agreement is often used to prevent future disputes by clearly documenting all termination terms and ensuring both parties understand their rights and obligations. The agreement can be particularly important in cases involving severance payments, continuing benefits, or post-employment restrictions.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Clear statement of when the employment relationship will end

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

6. Holiday Entitlement: Settlement of remaining vacation days and any compensation for unused vacation

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

8. Final Release: Mutual release of claims between parties

9. Confidentiality: Ongoing obligations regarding confidential information

10. References: Agreement on the nature and content of employment references

11. Governing Law: Confirmation of Swiss law as governing law and jurisdiction

12. Entire Agreement: Standard clause confirming this agreement supersedes previous agreements regarding termination

13. Counterparts: Provision for signing in multiple counterparts if needed

Optional Sections

1. Garden Leave: Include when employee is to remain employed but not required to work during notice period

2. Post-termination Restrictions: Include when enforcing or modifying existing non-compete or non-solicitation clauses

3. Severance Payment: Include when additional compensation beyond statutory requirements is being offered

4. Ongoing Benefits: Include when certain benefits will continue post-termination

5. Legal Fees: Include when employer is contributing to employee's legal fees for reviewing agreement

6. Public Announcement: Include when parties agree on how to communicate the departure internally/externally

7. Outplacement Support: Include when employer is providing career transition services

8. Share Options/Awards: Include when dealing with existing equity compensation

9. Insurance Continuation: Include when addressing ongoing insurance coverage arrangements

Suggested Schedules

1. Schedule 1 - Calculation of Final Payment: Detailed breakdown of final salary, bonuses, and other payments

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

3. Schedule 3 - Existing Restrictive Covenants: Copy of relevant clauses from employment contract that survive termination

4. Schedule 4 - Form of Reference: Agreed text of employment reference

5. Schedule 5 - Benefits Summary: Detailed list of benefits and their treatment post-termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




























Clauses































Relevant Industries

Financial Services

Banking

Insurance

Manufacturing

Pharmaceutical

Technology

Professional Services

Retail

Healthcare

Education

Telecommunications

Construction

Hospitality

Consumer Goods

Energy

Transportation

Life Sciences

Media and Entertainment

Real Estate

Consulting

Relevant Teams

Human Resources

Legal

Finance

Compliance

Executive Leadership

Operations

Administration

Risk Management

Corporate Governance

Talent Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Senior Manager

Department Head

Project Manager

Senior Software Engineer

Financial Controller

HR Director

Legal Counsel

Sales Director

Operations Manager

Account Manager

Research Scientist

Marketing Manager

Technical Lead

Regional Manager

Product Manager

Business Analyst

Executive Assistant

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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