The Employee Severance Agreement is a crucial document used in Switzerland when formally concluding an employment relationship through mutual agreement or unilateral termination. It serves to document all aspects of the employment separation, including financial settlements, ongoing obligations, and release of claims, while ensuring compliance with Swiss employment law. This agreement is particularly important as it provides clarity and legal certainty for both parties, helps prevent future disputes, and addresses mandatory requirements under Swiss law regarding social security, pension funds, and employee protection. The document is commonly used during restructuring, voluntary departures, or when negotiating enhanced separation terms, and must carefully balance the employer's interests with the strong employee protections characteristic of Swiss employment law.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief context of the employment relationship, including start date and position
3. Definitions: Key terms used throughout the agreement, including 'Termination Date', 'Severance Payment', and 'Final Settlement'
4. Termination of Employment: Formal confirmation of employment termination date and immediate release from duties if applicable
5. Final Salary and Benefits: Details of final salary payment, including pro-rated 13th month salary if applicable, vacation pay, and outstanding expenses
6. Severance Payment: Amount, timing, and method of severance payment, including tax treatment and social security implications
7. Company Property: Requirements and timeline for returning company property, including documentation and devices
8. Confidentiality Obligations: Ongoing confidentiality obligations post-employment
9. Full and Final Settlement: Mutual release of claims, subject to Swiss law restrictions on waivable rights
10. Tax and Social Security: Clarification of tax and social security treatment of payments
11. References: Agreement regarding employment references as required under Swiss law
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts
13. Execution: Signature blocks and date of agreement
1. Garden Leave: Include when employee is placed on garden leave during notice period
2. Non-Competition: Include when implementing post-employment competition restrictions (must be carefully drafted to comply with Swiss law)
3. Pension Fund Arrangements: Include when specific arrangements regarding pension fund are needed
4. Outplacement Support: Include when company is providing career transition services
5. Stock Options/Equity: Include when addressing treatment of existing equity compensation
6. Insurance Continuation: Include when providing details about post-employment insurance arrangements
7. Legal Fees: Include when employer is contributing to employee's legal fees for reviewing agreement
8. Public Announcements: Include for senior executives or when controlling external communications about departure
1. Schedule 1 - Calculation of Final Payment: Detailed breakdown of final payment including salary, severance, and other benefits
2. Schedule 2 - Company Property Checklist: List of company property to be returned
3. Schedule 3 - Continuing Obligations: Reference to relevant sections of employment contract that survive termination
4. Appendix A - Certificate of Employment: Draft employment reference letter as required by Swiss law
5. Appendix B - Social Insurance Documentation: Forms and information regarding social insurance and pension fund matters
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