The Work Separation Agreement is a crucial document used in Switzerland when formally ending an employment relationship, whether 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 for managing risk and providing clarity for both parties, as it addresses key elements required under the Swiss Code of Obligations such as final compensation, benefit arrangements, and post-employment obligations. The document is typically used when there's a need to clearly document the terms of separation, especially in situations involving senior employees, complex compensation arrangements, or where there's a desire to prevent future disputes. The agreement must carefully balance the requirements of Swiss employment law with the practical needs of both employer and employee.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief history of employment relationship and context for separation
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment and last working day if different
5. Final Salary and Benefits: Details of final salary payment, pro-rated bonuses, and treatment of benefits
6. Holiday Entitlement: Calculation and settlement of unused vacation days
7. Company Property: Requirements and timeline for returning company property
8. Confidentiality Obligations: Ongoing obligations regarding confidential information
9. Full and Final Settlement: Mutual release of claims and waiver of rights
10. Certificate of Employment: Commitment to provide work certificate per Swiss law requirements
11. Tax and Social Security: Clarification of tax and social security implications
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
13. Entire Agreement: Integration clause confirming this document represents the complete agreement
1. Garden Leave: Terms of garden leave if employee is not required to work during notice period
2. Non-Compete Clause: Post-employment competition restrictions, if applicable and agreed
3. Outplacement Support: Details of any career transition services provided
4. Reference Letter: Agreement on the content and timing of reference letters beyond statutory requirements
5. Equity/Stock Options: Treatment of any outstanding equity or stock options
6. Pension Arrangements: Special arrangements regarding pension fund transfers or settlements
7. Continuing Obligations: Any specific ongoing duties or responsibilities post-employment
8. Public Announcements: Agreement on how the departure will be communicated
9. Legal Fees: Any agreement regarding payment of legal fees for review of the agreement
1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all final payments including salary, bonuses, and deductions
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Benefits Summary: Detailed summary of benefit terminations and continuation rights
4. Appendix A - Non-Compete Terms: Detailed terms of any non-compete restrictions including geographic scope and duration
5. Appendix B - Outplacement Services: Details of any outplacement or career transition services provided
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