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Severance Pay Non Compete Agreement

Severance Pay Non Compete Agreement Template for Switzerland

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Key Requirements PROMPT example:

Severance Pay Non Compete Agreement

"I need a Severance Pay Non Compete Agreement for our departing Chief Technology Officer in Switzerland, who has access to our AI development projects and global client base, with a 12-month restriction period starting March 2025 and covering operations in Switzerland, Germany, and France."

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Document background
The Severance Pay Non Compete Agreement is utilized in Switzerland when an employer seeks to protect its legitimate business interests following an employee's departure while ensuring compliance with Swiss law requirements for post-employment restrictions. This document is typically implemented during senior-level employment terminations or in situations involving employees with access to sensitive information or significant client relationships. The agreement must conform to Swiss Code of Obligations Articles 340-340c regarding non-compete provisions and Articles 339-339d concerning severance payments. It includes detailed provisions on restricted activities, geographical scope, duration of restrictions, and compensation structure, ensuring enforceability under Swiss law while maintaining reasonable limitations on the employee's future activities. The document is particularly crucial in knowledge-intensive industries where protection of trade secrets, client relationships, and competitive advantage is essential.
Suggested Sections

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

2. Background: Context of the agreement, including reference to the termination of employment and basis for the non-compete arrangement

3. Definitions: Key terms used in the agreement, including 'Restricted Business', 'Restricted Period', 'Restricted Territory', and 'Confidential Information'

4. Severance Payment: Details of the severance payment amount, calculation method, and payment terms

5. Non-Compete Obligations: Specific restrictions on competitive activities, including scope, duration, and geographical limitations

6. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers

7. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets

8. Duration and Territory: Explicit statement of the time period and geographical area of restrictions

9. Acknowledgment of Reasonableness: Employee's acknowledgment that restrictions are reasonable and necessary

10. Severance Payment Terms: Payment schedule, conditions, and any clawback provisions

11. Breach and Remedies: Consequences of breach, including potential penalties and enforcement mechanisms

12. General Provisions: Standard clauses including governing law, severability, and entire agreement

13. Execution: Signature blocks and date of agreement

Optional Sections

1. Garden Leave: Additional provisions regarding any garden leave period, used when there is a transition period before restrictions take effect

2. Exceptions: Specific carve-outs or permitted activities, used when certain competitive activities will be allowed

3. Stock Options/Equity: Treatment of outstanding equity compensation, used when employee has stock options or other equity-based compensation

4. International Provisions: Additional clauses for cross-border enforcement, used when employee may work in multiple jurisdictions

5. Training Costs Repayment: Provisions regarding repayment of training costs, used when significant training investment has been made

6. Third Party Rights: Provisions regarding rights of group companies or affiliated entities, used in corporate group contexts

7. Alternative Dispute Resolution: Mediation or arbitration procedures, used when parties prefer alternative to court proceedings

Suggested Schedules

1. Schedule 1: Severance Payment Calculation: Detailed calculation of severance payment, including any formulas or variables

2. Schedule 2: Restricted Territory: Detailed description or map of geographical restrictions

3. Schedule 3: Restricted Clients: List of specific clients covered by non-solicitation provisions

4. Schedule 4: Confidential Information: Detailed list of types of confidential information covered

5. Appendix A: Notice of Exercise: Template for employer to exercise non-compete obligations

6. Appendix B: Certificate of Compliance: Template for employee's periodic compliance certification

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Affiliate
Board
Business Day
Cause
Company
Company Group
Competing Business
Confidential Information
Customer
Effective Date
Employee
Employment Agreement
Employment Period
Good Reason
Group Company
Intellectual Property Rights
Material Customer
Material Supplier
Notice Period
Parent Company
Restricted Activities
Restricted Area
Restricted Business
Restricted Customer
Restricted Period
Restricted Territory
Severance Payment
Severance Period
Termination Date
Trade Secrets
Transition Period
Prospective Customer
Protected Information
Competitive Enterprise
Business Interests
Key Personnel
Garden Leave
Compensation
Material Interest
Professional Services
Restricted Products
Senior Employee
Subsidiary
Proprietary Rights
Competitive Activities
Clauses
Definitions
Severance Payment
Payment Terms
Non-Competition
Non-Solicitation of Customers
Non-Solicitation of Employees
Confidentiality
Intellectual Property
Duration
Territorial Scope
Acknowledgment of Reasonableness
Consideration
Garden Leave
Return of Property
Remedies
Liquidated Damages
Enforcement
Assignment
Amendment
Waiver
Severability
Entire Agreement
Notices
Force Majeure
Governing Law
Jurisdiction
Data Protection
Tax Provisions
Release of Claims
Compliance with Laws
Third Party Rights
Survival
Counterparts
Good Faith
Interpretation
Representations and Warranties
Relevant Industries

Financial Services

Technology

Pharmaceuticals

Professional Services

Manufacturing

Telecommunications

Insurance

Banking

Consulting

Research and Development

Healthcare

Biotechnology

Software Development

Investment Management

Legal Services

Relevant Teams

Human Resources

Legal

Executive Leadership

Sales

Research & Development

Information Technology

Product Development

Client Services

Business Development

Finance

Operations

Strategy

Investment Management

Corporate Development

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Manager

Director

Vice President

Head of Sales

Senior Software Engineer

Research Director

Portfolio Manager

Senior Consultant

Regional Manager

Key Account Manager

Head of Research

Technical Lead

Principal Scientist

Managing Director

Senior Partner

Head of Business Development

Product Manager

Industries
Swiss Code of Obligations (CO) Art. 340-340c: Main provisions governing post-contractual non-compete agreements, including requirements for validity, geographical and temporal limitations, and consequences of breach
Swiss Code of Obligations Art. 339-339d: Provisions regarding severance pay (gratification) and end-of-employment compensation
Swiss Constitution Art. 27: Economic freedom principle, including the freedom to choose one's profession - must be considered when drafting non-compete restrictions
Swiss Code of Obligations Art. 19-20: General provisions on the validity of contracts and illegal or impossible content
Swiss Code of Obligations Art. 321c: Provisions regarding overtime compensation and other additional payments that might affect severance calculations
Swiss Federal Supreme Court decisions on non-compete clauses: Case law establishing principles for reasonable limitations on non-compete agreements and appropriate compensation
Swiss Data Protection Act (FADP): Relevant for handling personal data in the agreement and any confidentiality provisions linked to the non-compete obligations
Swiss Code of Obligations Art. 328b: Provisions regarding handling of employee data and privacy protection in employment relationships
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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