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Termination And Release Agreement
"I need a Termination and Release Agreement under Swiss law for a senior software engineer who has agreed to an immediate mutual separation, including standard confidentiality provisions and a settlement payment of 3 months' salary."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief history of the employment relationship, including start date and current position
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date when employment relationship ends and confirmation of mutual agreement
5. Final Salary and Benefits: Details of final salary payment, pro-rated bonuses, and treatment of benefits
6. Settlement Payment: Amount, timing, and terms of any additional payments being made
7. Company Property: Requirements for return of company property and documents
8. Confidentiality Obligations: Ongoing confidentiality obligations post-employment
9. Mutual Release: Mutual waiver of claims between parties, subject to Swiss law restrictions
10. Tax Implications: Statement on tax treatment of payments and responsibilities
11. Reference: Agreement on the content and format of employment references as required by Swiss law
12. Governing Law: Confirmation of Swiss law governance and jurisdiction
13. Entire Agreement: Integration clause confirming this agreement supersedes prior discussions
14. Execution: Signature blocks and date of agreement
1. Garden Leave: Terms of garden leave period if applicable between notice and termination date
2. Post-Contractual Non-Compete: Terms of any continuing non-compete obligations, if applicable and agreed
3. Equity/Stock Options: Treatment of any outstanding equity or stock options
4. Insurance Continuation: Details of any continued insurance coverage or conversion rights
5. Outplacement Services: Terms of any provided outplacement or career transition services
6. Legal Fees: Agreement on payment of legal fees for review of agreement
7. Communications: Agreed announcement of departure to staff, clients, and public
8. Cooperation: Terms for employee's assistance in transition or future matters
9. Surviving Obligations: List of specific obligations that continue post-termination
1. Schedule A - Calculation of Final Payments: Detailed breakdown of all final payments including salary, bonus, and settlement amount
2. Schedule B - Company Property Checklist: List of all company property to be returned
3. Schedule C - Benefits Summary: Detailed summary of benefit termination dates and conversion rights
4. Schedule D - Reference Letter: Agreed form of reference letter as required by Swiss law
5. Schedule E - Release Claims: Specific list of claims being released by both parties
6. Appendix 1 - Confidential Information: Detailed list of what constitutes confidential information
7. Appendix 2 - Handover Plan: Detailed plan for handover of responsibilities and ongoing projects
Authors
Banking & Financial Services
Insurance
Manufacturing
Technology
Pharmaceuticals
Professional Services
Retail
Healthcare
Education
Construction
Telecommunications
Consumer Goods
Energy
Transportation & Logistics
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Research & Development
Administration
Compliance
Product Development
Customer Service
Business Development
Executive Leadership
Chief Executive Officer
Chief Financial Officer
Managing Director
Senior Manager
Department Head
Project Manager
Software Engineer
Sales Director
Account Manager
Operations Manager
Human Resources Manager
Financial Controller
Research Scientist
Legal Counsel
Marketing Manager
Business Development Manager
Technical Lead
Product Manager
Regional Manager
Administrative Officer
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