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Termination Without Cause Contract Template for Switzerland

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Key Requirements PROMPT example:

Termination Without Cause Contract

"I need a Termination Without Cause Contract under Swiss law for a senior technology executive with a 3-month notice period starting March 1, 2025, including provisions for garden leave and global non-compete restrictions."

Document background
The Termination Without Cause Contract is a critical document used in Switzerland when an employer decides to end an employment relationship without specific cause, while ensuring compliance with Swiss employment law. This document is typically used when companies need to implement organizational changes, restructuring, or other business decisions that result in employee termination without misconduct or performance issues. It incorporates essential elements required by Swiss law, including proper notice periods, final settlement calculations, and post-employment obligations. The agreement is designed to protect both employer and employee interests while ensuring a clear and legally compliant termination process. The document's structure reflects specific requirements under the Swiss Code of Obligations and related employment legislation, making it suitable for use across various industries and organizational levels.
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 current position

3. Definitions: Key terms used throughout the agreement, including 'Termination Date', 'Final Settlement', etc.

4. Termination of Employment: Clear statement of termination without cause, specifying the effective date and notice period in accordance with Swiss law

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

6. Holiday Entitlement: Calculation and settlement of any accrued but unused vacation days

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

8. Confidentiality Obligations: Ongoing obligations regarding confidential information

9. Final Settlement: Confirmation that the agreed payments constitute full and final settlement

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

11. Signatures: Execution blocks for both parties

Optional Sections

1. Garden Leave: Include when the employee will be placed on garden leave during the notice period

2. Reference: Include when agreeing to provide a reference and its basic terms

3. Post-Termination Restrictions: Include if existing non-compete or non-solicitation clauses need to be addressed

4. Outplacement Support: Include if the employer is offering career transition services

5. Insurance Continuation: Include if there are specific arrangements for insurance coverage post-termination

6. Legal Fees: Include if the employer is contributing to the employee's legal fees for reviewing the agreement

7. Tax Indemnity: Include when complex compensation arrangements necessitate tax clarifications

8. Announcement: Include when parties need to agree on how the departure will be communicated

Suggested Schedules

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

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

3. Schedule 3 - Continuing Obligations: Extract of relevant clauses from employment contract that survive termination

4. Appendix A - Release Form: Standard release form for employee signature upon receiving final payment

5. Appendix B - Reference Template: Agreed form of reference, if applicable

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

Relevant legal definitions






























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Relevant Industries

Financial Services

Banking

Insurance

Manufacturing

Technology

Pharmaceuticals

Professional Services

Retail

Healthcare

Education

Telecommunications

Construction

Hospitality

Logistics

Consumer Goods

Energy

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Customer Service

Administration

Product Management

Business Development

Strategy

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Senior Manager

Department Head

Project Manager

Software Engineer

Sales Representative

Marketing Manager

Financial Analyst

HR Manager

Operations Manager

Research Scientist

Account Manager

Administrative Assistant

Technical Specialist

Product Manager

Business Analyst

Legal Counsel

Customer Service Representative

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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