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Termination Of Employment Contract Template for Switzerland

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Key Requirements PROMPT example:

Termination Of Employment Contract

"I need a Termination of Employment Contract under Swiss law for a senior software developer who will be placed on garden leave from March 1, 2025, with the employment officially ending on May 31, 2025."

Document background
The Termination Of Employment Contract is a crucial document used in Switzerland when formally ending an employment relationship, whether through mutual agreement, resignation, or dismissal. It must comply with Swiss employment law, particularly the Swiss Code of Obligations (Articles 335-337), and address mandatory requirements regarding notice periods, protection periods, and employee rights. This document serves multiple purposes: it clearly defines the termination terms, protects both parties' interests, ensures legal compliance, and helps prevent future disputes. It includes essential information about final payments, benefit treatments, company property return, and ongoing obligations such as confidentiality. The agreement can be customized based on the employee's seniority, role, and specific circumstances while maintaining compliance with Swiss federal and cantonal employment laws.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Clear statement of the employment end date and last working day

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 payment in lieu

7. Company Property: Requirements for returning company property, documents, and data

8. Final Settlement: Comprehensive breakdown of all final payments and deductions

9. Tax and Social Security: Clarification of tax and social security implications

10. Confidentiality: Ongoing obligations regarding confidential information

11. Reference: Agreement on the nature and content of employment references

12. Full and Final Settlement: Mutual release of claims, subject to applicable law

13. Governing Law: Confirmation of Swiss law as governing law

Optional Sections

1. Garden Leave: Terms of garden leave if employee is not required to work during notice period

2. Post-Employment Restrictions: Non-compete, non-solicitation clauses if applicable to the employee's role

3. Ongoing Cooperation: Terms for employee assistance in handover or future inquiries

4. Legal Fees: Any agreement regarding payment of legal fees for review of the agreement

5. Outplacement Support: Details of any career transition services provided

6. Equity/Share Options: Treatment of any outstanding equity or share options

7. Insurance Continuation: Details about post-employment insurance coverage

8. Communications: Agreed announcement of departure to colleagues/clients

9. Mutual Non-Disparagement: Agreement not to make negative statements about each other

Suggested Schedules

1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all final payments including salary, benefits, and deductions

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

3. Schedule 3 - Post-Employment Restrictions: Detailed terms of any continuing restrictions

4. Schedule 4 - Reference Letter: Agreed form of employment reference

5. Appendix A - Employee Benefits Summary: Summary of benefit entitlements and cut-off dates

6. Appendix B - Handover Plan: Detailed plan for handover of responsibilities

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

Financial Services

Manufacturing

Technology

Healthcare

Retail

Professional Services

Education

Telecommunications

Construction

Hospitality

Pharmaceutical

Energy

Transportation

Media and Entertainment

Real Estate

Non-Profit Organizations

Insurance

Agriculture

Mining

Public Sector

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Administration

Compliance

Risk Management

People Operations

Employee Relations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Developer

Sales Representative

Administrative Assistant

Human Resources Manager

Financial Analyst

Marketing Manager

Operations Manager

Research Scientist

Legal Counsel

Customer Service Representative

Production Supervisor

Account Manager

Technical Specialist

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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