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Termination And Release Agreement Template for Switzerland

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Key Requirements PROMPT example:

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."

Document background
The Termination and Release Agreement is a crucial document used when an employer and employee mutually agree to end their employment relationship in Switzerland. It serves multiple purposes: documenting the agreed-upon separation terms, protecting both parties' interests, and preventing future disputes. This agreement is particularly important in Swiss business practice due to specific requirements under the Swiss Code of Obligations regarding employment termination, including mandatory provisions for work certificates and notice periods. It typically includes detailed terms about final compensation, benefit arrangements, confidentiality obligations, and mutual releases of claims. The document is commonly used in corporate restructuring, mutual separations, or negotiated exits, providing legal certainty and clarity for all parties involved while ensuring compliance with Swiss employment law requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

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Relevant Industries

Banking & Financial Services

Insurance

Manufacturing

Technology

Pharmaceuticals

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Construction

Telecommunications

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Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research & Development

Administration

Compliance

Product Development

Customer Service

Business Development

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Senior Manager

Department Head

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Software Engineer

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Account Manager

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Human Resources Manager

Financial Controller

Research Scientist

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Marketing Manager

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Technical Lead

Product Manager

Regional Manager

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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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