Document background
The Separation Agreement and Release is a critical document used in Switzerland when formally terminating an employment relationship by mutual agreement. It serves to document the terms of separation while providing legal certainty and protection for both the employer and employee. This agreement is particularly important in situations involving senior executives, sensitive departures, or where severance payments are being made. The document must comply with Swiss employment law requirements, including mandatory provisions regarding notice periods, social security obligations, and employment references. It typically includes comprehensive terms covering final compensation, benefits, confidentiality obligations, and releases of claims, while respecting Swiss legal limitations on waivers of certain employee rights. The agreement helps prevent future disputes by clearly documenting all aspects of the separation and any ongoing obligations.
