The Departure Letter is a crucial document in Swiss employment relations, used when an employer and employee agree to terminate their employment relationship by mutual consent. It serves as an alternative to unilateral termination and provides a clear framework for the separation process. The document must comply with Swiss employment law, particularly the Swiss Code of Obligations, and typically includes essential information such as the termination date, financial settlements, benefit arrangements, and ongoing obligations. A well-drafted Departure Letter helps prevent future disputes by clearly documenting all agreed terms and ensuring both parties understand their rights and obligations. This document is particularly important in Switzerland's highly regulated employment environment, where proper documentation of employment termination is essential for legal compliance and risk management.
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1. Employee and Company Details: Full names and addresses of both the employer and employee
2. Date and Reference: Current date and any relevant reference numbers
3. Confirmation of Termination: Clear statement confirming the mutual agreement to terminate the employment relationship
4. Last Working Day: Specific mention of the final day of employment
5. Final Salary and Benefits: Details of final salary payment, including pro-rated 13th month salary if applicable, and treatment of benefits
6. Holiday Entitlement: Calculation and treatment of remaining vacation days
7. Company Property: List of items to be returned and deadline for return
8. Confidentiality Obligations: Reminder of ongoing confidentiality obligations
9. Full and Final Settlement: Confirmation that the terms represent a full and final settlement
10. Signatures: Space for both parties to sign and date the letter
1. Garden Leave: Include when the employee will be placed on garden leave during the notice period
2. Bonus Treatment: Include when there are outstanding bonus payments or pro-rata bonus considerations
3. Non-Compete Provisions: Include when enforcing or waiving existing non-compete clauses
4. Reference Letter: Include when specifying arrangements for providing a reference letter
5. Outplacement Support: Include when the company is offering outplacement services
6. Release of Claims: Include when a mutual waiver of claims is agreed upon
7. Stock Options/Equity: Include when addressing treatment of existing equity compensation
8. Health Insurance Continuation: Include when addressing post-employment health insurance arrangements
9. Pension Fund Information: Include when specific pension fund arrangements need to be addressed
1. Final Payment Calculation: Detailed breakdown of final salary, benefits, and deductions
2. Holiday Calculation: Detailed calculation of vacation days and corresponding payment/deduction
3. Company Property List: Itemized list of company property to be returned
4. Benefit Termination Schedule: Overview of when various benefits will terminate and any transition arrangements
5. Social Insurance Information: Details about social security and insurance transitions post-employment
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