Severance And Release Agreement Template for Switzerland

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Key Requirements PROMPT example:

Severance And Release Agreement

"I need a Swiss Severance and Release Agreement for a senior executive's voluntary departure, including provisions for equity compensation and a 6-month non-compete clause, with the termination date set for March 1, 2025."

Document background
The Severance and Release Agreement is a crucial document used in Switzerland when formalizing the mutually agreed termination of employment relationships or in situations involving redundancy or restructuring. It serves as a comprehensive record of the separation terms while ensuring compliance with Swiss employment law, particularly regarding mandatory notice periods, social security obligations, and employee protections. This document is typically implemented when companies need to document severance arrangements, protect against future claims, and ensure a clear understanding of post-employment obligations. The agreement must carefully balance the employer's interests in obtaining a release of claims with the employee's rights under Swiss law, which includes certain protections that cannot be waived. It's particularly important in situations involving senior executives, sensitive departures, or as part of larger restructuring programs.
Suggested Sections

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

2. Background: Brief history of employment relationship, reason for agreement, and confirmation of mutual intention to terminate

3. Definitions: Key terms used throughout the agreement, including 'Termination Date', 'Severance Payment', and 'Released Claims'

4. Termination of Employment: Formal confirmation of employment termination date and immediate obligations

5. Severance Payment: Details of severance amount, payment method, timing, and tax treatment

6. Employee Benefits: Treatment of existing benefits, insurance coverage, and pension arrangements

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

8. Confidentiality Obligations: Ongoing confidentiality obligations and treatment of trade secrets

9. Release of Claims: Mutual releases and waivers of claims, subject to mandatory Swiss law provisions

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

11. Tax and Social Security: Responsibilities for tax and social security payments

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

13. Execution: Signature blocks and date of agreement

Optional Sections

1. Garden Leave: Used when employee is placed on paid leave during notice period

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

3. Equity/Share Options: Required when addressing treatment of existing equity or share options

4. Outplacement Support: When outplacement services are part of the severance package

5. Legal Fees: When employer agrees to contribute to employee's legal fees

6. Continuing Obligations: For specific ongoing duties beyond standard confidentiality

7. Reference Letter: When detailed terms about reference letter content need to be included

8. Insurance Continuation: When specific insurance arrangements continue post-employment

Suggested Schedules

1. Schedule 1 - Severance Calculation: Detailed breakdown of severance payment calculation

2. Schedule 2 - Benefits Summary: List of benefits and their treatment post-termination

3. Schedule 3 - Company Property: Itemized list of company property to be returned

4. Schedule 4 - Certificate of Employment: Draft employment certificate as required by Swiss law

5. Appendix A - Release Terms: Detailed terms of mutual releases and preserved rights

6. Appendix B - Data Privacy Terms: Specific provisions regarding personal data handling post-employment

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

Manufacturing

Technology

Pharmaceuticals

Insurance

Banking

Professional Services

Retail

Healthcare

Telecommunications

Construction

Education

Hospitality

Energy

Transportation

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Compliance

Operations

Administration

Payroll

Risk Management

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Senior Manager

Department Head

Regional Director

Vice President

General Manager

Senior Consultant

Project Manager

Account Executive

Sales Director

Operations Manager

Technical Lead

Research Director

Division Head

Branch Manager

Executive Assistant

Senior Analyst

Team Leader

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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