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Voluntary Severance Agreement

Voluntary Severance Agreement Template for Switzerland

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Key Requirements PROMPT example:

Voluntary Severance Agreement

"I need a Voluntary Severance Agreement under Swiss law for a senior software engineer leaving our Zurich-based technology company by mutual agreement on March 1, 2025, including standard non-compete provisions and a CHF 50,000 severance payment."

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Document background
The Voluntary Severance Agreement is used in Switzerland when an employer and employee mutually agree to end their employment relationship outside of standard termination procedures. This document is particularly relevant in situations involving organizational restructuring, amicable separations, or strategic workforce adjustments. The agreement, governed by Swiss law, provides comprehensive documentation of all termination terms, including financial compensation, benefit arrangements, and ongoing obligations. It must comply with Swiss employment law requirements, particularly the Swiss Code of Obligations, and address mandatory elements such as social security contributions, pension fund arrangements, and tax implications. The agreement serves to protect both parties' interests while ensuring a clear and legally compliant separation process.
Suggested Sections

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

2. Background: Brief context of the employment relationship and mutual desire to terminate

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specified end date of employment and handling of notice period

5. Final Salary and Benefits: Details of final regular salary payment and treatment of benefits

6. Severance Payment: Amount, calculation basis, and payment terms of the severance package

7. Social Security and Pension: Treatment of social security contributions and pension fund arrangements

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

9. Confidentiality: Ongoing obligations regarding confidential information

10. Release of Claims: Mutual release of claims and waiver of rights

11. Reference Letter: Commitment to provide a reference letter as per Swiss law

12. Tax Obligations: Clarity on tax treatment and responsibilities

13. Governing Law: Confirmation of Swiss law governance and jurisdiction

14. Execution: Signature blocks and date of agreement

Optional Sections

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

2. Post-termination Restrictions: Include when non-compete or non-solicitation provisions are required

3. Outplacement Support: When employer provides career transition services

4. Stock Options/Equity: Required when dealing with employee share schemes or equity compensation

5. Continuation of Insurance: When extending health or accident insurance coverage

6. Press Communication: Include when parties need to agree on public statements about the termination

7. Assistance with Handover: When specific handover obligations need to be detailed

8. Legal Costs: When employer agrees to cover employee's legal consultation fees

Suggested Schedules

1. Schedule 1 - Payment 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 List: Inventory of items to be returned

4. Schedule 4 - Ongoing Projects: List of projects requiring handover

5. Appendix A - Reference Letter: Draft or final version of the agreed reference letter

6. Appendix B - Settlement Receipt: Form for acknowledging receipt of severance payment

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 Industries

Financial Services

Manufacturing

Technology

Pharmaceutical

Healthcare

Professional Services

Retail

Consumer Goods

Telecommunications

Energy

Construction

Transportation

Education

Hospitality

Insurance

Real Estate

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Product Development

Quality Assurance

Supply Chain

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Department Head

Senior Manager

Project Manager

Technical Lead

Senior Software Engineer

Financial Controller

HR Director

Operations Manager

Sales Director

Marketing Manager

Research Scientist

Legal Counsel

Account Manager

Business Analyst

Product Manager

Regional Manager

Administrative Officer

Industries
Swiss Code of Obligations (OR/CO): Primary source of Swiss employment law, particularly Articles 319-362, governing employment contracts, termination, and obligations of both parties
Federal Act on Old Age and Survivors' Insurance (AHVG): Regulates social security contributions and benefits, which must be considered when calculating severance payments
Federal Act on Occupational Retirement, Survivors' and Disability Pension Plans (BVG): Governs pension fund matters and their handling during employment termination
Federal Act on Data Protection (FADP): Regulates the handling of personal data and privacy requirements in employment relationships
Federal Direct Tax Act (DBG): Governs taxation of severance payments and other benefits included in the agreement
Federal Act on Unemployment Insurance (AVIG): Relevant for understanding the impact of severance payments on unemployment benefits
Swiss Civil Code: Contains general principles of law and personality rights that must be respected in employment relationships
Cantonal Employment Laws: Various cantonal regulations that might affect employment relationships and termination agreements
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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