Job Separation Agreement Template for Switzerland

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Key Requirements PROMPT example:

Job Separation Agreement

"I need a Job Separation Agreement under Swiss law for a senior executive in the banking sector who will be leaving with a generous severance package and continuing healthcare benefits until March 2025, including strict non-compete and confidentiality provisions."

Document background
The Job Separation Agreement is a crucial document used in Switzerland when formally ending an employment relationship, whether through mutual agreement, resignation, or termination. It serves as a comprehensive record of all termination terms, incorporating requirements under Swiss employment law, particularly the Swiss Code of Obligations (OR). The agreement typically addresses final compensation, benefit arrangements, confidentiality obligations, and potential post-employment restrictions. It's particularly important in situations involving senior executives, sensitive positions, or complex compensation arrangements. The document helps prevent future disputes by clearly documenting all aspects of the separation and ensuring both parties understand their rights and obligations under Swiss law. This type of agreement is commonly used across various industries and can be customized to address specific circumstances while maintaining compliance with Swiss legal requirements.
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: Specification of the final day of employment and any garden leave arrangements

5. Final Payment: Details of salary, pro-rated bonus, and other compensation due until the termination date

6. Benefits and Expenses: Settlement of outstanding benefits, expense claims, and vacation days

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

8. Confidentiality: Ongoing obligations regarding confidential information

9. Full and Final Settlement: Mutual release of claims and waiver of rights

10. References: Agreement on the nature and content of employment references

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

12. Governing Law: Confirmation of Swiss law application and jurisdiction

13. Entire Agreement: Standard boilerplate confirming this document represents the complete agreement

Optional Sections

1. Garden Leave: Used when employee is to remain employed but not work during notice period

2. Non-Competition: Include when imposing post-employment competition restrictions, subject to Swiss law limitations

3. Equity/Share Options: Required when employee has company shares or stock options

4. Ongoing Cooperation: Used when employee's assistance may be needed for transition or future matters

5. Outplacement Support: Include when providing career transition services

6. Special Bonus/Severance: Used when additional compensation beyond statutory requirements is offered

7. Professional Development: Include when covering future training or education costs

8. Health Insurance Continuation: Used when addressing post-employment health insurance arrangements

9. Legal Fees: Include when employer is contributing to employee's legal costs

Suggested Schedules

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

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

3. Schedule 3 - Ongoing Benefits: Details of any benefits continuing post-employment

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

5. Appendix A - Summary of Equity/Share Rights: Detailed information about treatment of equity-based compensation

6. Appendix B - Social Insurance Certificate: Documentation regarding social security status and contributions

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

Technology

Pharmaceuticals

Professional Services

Retail

Healthcare

Telecommunications

Construction

Education

Hospitality

Real Estate

Energy

Transportation

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Compliance

Operations

Administration

Talent Management

Employee Relations

Compensation and Benefits

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Senior Manager

Department Head

Project Manager

Software Engineer

Sales Representative

Account Manager

Human Resources Director

Legal Counsel

Operations Manager

Financial Analyst

Marketing Manager

Research Scientist

Product Manager

Business Development Executive

Administrative Officer

Technical Specialist

Regional Manager

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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