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.
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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 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
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
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
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