Employment Compromise Agreement Template for Switzerland

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Key Requirements PROMPT example:

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."

Document background
The Employment Compromise Agreement is a critical document used in Switzerland when an employer and employee agree to terminate their employment relationship through mutual consent. This agreement type is particularly relevant in situations involving senior executives, redundancies, or when parties wish to avoid potential employment disputes. The document, governed by Swiss law, particularly the Swiss Code of Obligations, provides a comprehensive framework for addressing all aspects of the employment termination, including financial settlements, continuing obligations, and mutual releases. It serves as a full and final settlement of all claims arising from the employment relationship while ensuring compliance with Swiss employment law requirements. The agreement typically includes detailed provisions on compensation, benefits, confidentiality, non-competition, and reference letters (Arbeitszeugnis), tailored to meet both parties' needs while maintaining legal compliance.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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
Relevant Industries

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

Relevant Teams

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

Relevant Roles

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

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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