Employer Separation Agreement Template for Switzerland

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Key Requirements PROMPT example:

Employer Separation Agreement

"I need an Employer Separation Agreement for a senior software engineer in our Zurich office who will be leaving voluntarily on March 15, 2025, with specific provisions for handling unvested stock options and ongoing consultancy arrangements for knowledge transfer."

Document background
The Employer Separation Agreement is a crucial document used when formally ending an employment relationship in Switzerland. It serves as a comprehensive record of the agreed terms between an employer and employee upon separation, whether through mutual agreement, resignation, or termination. The document must comply with Swiss employment law, particularly the Swiss Code of Obligations and relevant cantonal regulations. It typically includes provisions for final compensation, benefit arrangements, confidentiality obligations, and mutual releases. This agreement is particularly important for ensuring clarity and legal certainty, preventing future disputes, and protecting both parties' interests. The document should be drafted with careful consideration of Swiss-specific requirements regarding notice periods, social security obligations, and post-employment restrictions.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment relationship ends and confirmation of notice period compliance

5. Final Salary and Benefits: Details of final salary payment, including pro-rated bonuses, outstanding vacation pay, and expense reimbursements

6. Severance Payment: Terms and amount of any severance payment, including payment timing and tax treatment

7. Company Property: Requirements for return of company property and documentation

8. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets

9. Release of Claims: Mutual release of claims between parties, subject to Swiss law restrictions

10. Reference and Communications: Agreement on employment references and internal/external communications regarding departure

11. Social Security and Insurance: Provisions regarding social security contributions and insurance coverage

12. Tax Provisions: Treatment of tax obligations for all payments under the agreement

13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

14. Entire Agreement: Standard integration clause confirming complete agreement between parties

15. Execution: Signature blocks and date of agreement

Optional Sections

1. Garden Leave: Terms of garden leave period if applicable, used when employee is placed on paid leave during notice period

2. Non-Competition: Post-employment competition restrictions, only if previously agreed in employment contract and compliant with Swiss law limitations

3. Non-Solicitation: Restrictions on soliciting employees or customers, if applicable

4. Equity/Share Options: Treatment of any outstanding equity or share options, used when employee has participation in such schemes

5. Continuing Obligations: Any ongoing duties or responsibilities post-termination

6. Legal Fees: Provisions for payment of legal fees if agreed

7. Outplacement Support: Details of any career transition services offered

8. Pension Arrangements: Special provisions regarding pension plans if applicable

9. Dispute Resolution: Alternative dispute resolution procedures if agreed

10. Retention Bonus: Terms of any bonus for remaining until termination date, if applicable

Suggested Schedules

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

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

3. Schedule 3 - Benefits Summary: Details of benefit continuation or termination

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

5. Appendix A - Existing Restrictive Covenants: Copy of relevant restrictions from employment contract

6. Appendix B - Release Details: Detailed terms of mutual release of claims

7. Appendix C - Social Insurance Certificates: Copies of relevant social insurance documentation

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Insurance

Manufacturing

Pharmaceuticals

Technology

Healthcare

Professional Services

Retail

Telecommunications

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Education

Hospitality

Non-Profit

Energy

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Real Estate

Media and Entertainment

Consumer Goods

Logistics

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Information Technology

Sales

Marketing

Research & Development

Administrative Services

Corporate Communications

Compliance

Risk Management

Business Development

Customer Service

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Department Head

Senior Manager

Project Manager

Technical Lead

Sales Director

Account Manager

Software Engineer

Financial Analyst

HR Manager

Operations Manager

Research Scientist

Legal Counsel

Marketing Director

Business Development Manager

Product Manager

Regional Manager

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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