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Employment Compromise Agreement
"I need an Employment Compromise Agreement under Swiss law for a senior software developer in our fintech company who will be leaving due to redundancy, with the termination date set for March 15, 2025; the agreement should include standard non-compete clauses and provisions for unvested stock options."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship, including start date, position, and reason for termination
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date of employment termination and last working day
5. Financial Settlement: Details of all payments including salary, bonus, commission, and special compensation
6. Tax Treatment: Tax implications and responsibilities for all payments
7. Social Security and Insurance: Provisions regarding social security contributions and insurance coverage
8. Company Property: Requirements for return of company property and documentation
9. Confidentiality Obligations: Ongoing confidentiality requirements post-employment
10. Mutual Release: Waiver of claims by both parties, subject to Swiss law restrictions
11. Reference and Communications: Agreement on employment references and internal/external communications
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
13. Entire Agreement: Integration clause confirming this agreement supersedes prior agreements regarding termination
1. Garden Leave: Applicable if employee is placed on garden leave during notice period
2. Post-Contractual Non-Competition: Used when implementing or confirming post-employment competition restrictions
3. Ongoing Projects: Required when employee needs to complete or hand over specific projects
4. Stock Options/Equity: Needed if employee has company shares or stock options
5. International Elements: Required for cross-border employment situations
6. Outplacement Support: When outplacement services are part of the settlement
7. Intellectual Property: Detailed IP provisions if employee was involved in creative/innovative work
8. Data Protection: Extended data protection provisions for sensitive positions
1. Schedule 1 - Payment Calculation: Detailed breakdown of all financial settlements and payments
2. Schedule 2 - Company Property Inventory: List of all company property to be returned
3. Schedule 3 - Ongoing Projects Status: Details of projects requiring handover or completion
4. Schedule 4 - Benefits Summary: Summary of benefits and their treatment post-termination
5. Schedule 5 - Reference Letter: Agreed form of employment reference (Arbeitszeugnis)
6. Appendix A - Resignation Letter: Form of resignation letter if applicable
7. Appendix B - Communication Templates: Agreed announcements for internal/external use
Authors
Company
Confidential Information
Effective Date
Employee
Employment Contract
Final Payment
Garden Leave
Group Company
Intellectual Property Rights
Notice Period
Parties
Position
Reference Letter
Release
Resignation Date
Settlement Payment
Social Security Contributions
Termination Date
Trade Secrets
Variable Compensation
Works Council
Working Day
Arbeitszeugnis
Company Property
Outstanding Claims
Professional Contacts
Restrictive Covenants
Swiss Code of Obligations
Termination
Final Payments
Tax and Social Security
Company Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Intellectual Property
References
Communications
Warranties
Release of Claims
Continuing Obligations
Garden Leave
Benefits
Pension Arrangements
Stock Options
Return of Property
Cooperation
Severability
Third Party Rights
Entire Agreement
Variation
Assignment
Notices
Counterparts
Governing Law
Jurisdiction
Financial Services
Banking
Insurance
Manufacturing
Technology
Pharmaceuticals
Healthcare
Professional Services
Retail
Construction
Education
Telecommunications
Energy
Transportation
Hospitality
Real Estate
Media and Entertainment
Consumer Goods
Agriculture
Non-Profit
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Research and Development
Product Development
Customer Service
Business Development
Administrative Services
Strategy
Communications
Compliance
Risk Management
Chief Executive Officer
Chief Financial Officer
Managing Director
Department Head
Senior Manager
Project Manager
Technical Lead
Senior Developer
HR Manager
Sales Director
Account Manager
Research Scientist
Legal Counsel
Operations Manager
Marketing Director
Financial Controller
Regional Manager
Product Manager
Business Development Manager
Senior Consultant
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