The Termination Of Employment Contract is a crucial document used in Switzerland when formally ending an employment relationship, whether through mutual agreement, resignation, or dismissal. It must comply with Swiss employment law, particularly the Swiss Code of Obligations (Articles 335-337), and address mandatory requirements regarding notice periods, protection periods, and employee rights. This document serves multiple purposes: it clearly defines the termination terms, protects both parties' interests, ensures legal compliance, and helps prevent future disputes. It includes essential information about final payments, benefit treatments, company property return, and ongoing obligations such as confidentiality. The agreement can be customized based on the employee's seniority, role, and specific circumstances while maintaining compliance with Swiss federal and cantonal employment laws.
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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
4. Termination Date: Clear statement of the employment end date and last working day
5. Final Salary and Benefits: Details of final salary payment, pro-rated bonus (if applicable), and treatment of benefits
6. Holiday Entitlement: Settlement of remaining vacation days and any payment in lieu
7. Company Property: Requirements for returning company property, documents, and data
8. Final Settlement: Comprehensive breakdown of all final payments and deductions
9. Tax and Social Security: Clarification of tax and social security implications
10. Confidentiality: Ongoing obligations regarding confidential information
11. Reference: Agreement on the nature and content of employment references
12. Full and Final Settlement: Mutual release of claims, subject to applicable law
13. Governing Law: Confirmation of Swiss law as governing law
1. Garden Leave: Terms of garden leave if employee is not required to work during notice period
2. Post-Employment Restrictions: Non-compete, non-solicitation clauses if applicable to the employee's role
3. Ongoing Cooperation: Terms for employee assistance in handover or future inquiries
4. Legal Fees: Any agreement regarding payment of legal fees for review of the agreement
5. Outplacement Support: Details of any career transition services provided
6. Equity/Share Options: Treatment of any outstanding equity or share options
7. Insurance Continuation: Details about post-employment insurance coverage
8. Communications: Agreed announcement of departure to colleagues/clients
9. Mutual Non-Disparagement: Agreement not to make negative statements about each other
1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all final payments including salary, benefits, and deductions
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Post-Employment Restrictions: Detailed terms of any continuing restrictions
4. Schedule 4 - Reference Letter: Agreed form of employment reference
5. Appendix A - Employee Benefits Summary: Summary of benefit entitlements and cut-off dates
6. Appendix B - Handover Plan: Detailed plan for handover of responsibilities
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