The Employment Compromise Agreement is a critical document used in Switzerland when an employer and employee agree to terminate their employment relationship through mutual consent. This agreement type is particularly relevant in situations involving senior executives, redundancies, or when parties wish to avoid potential employment disputes. The document, governed by Swiss law, particularly the Swiss Code of Obligations, provides a comprehensive framework for addressing all aspects of the employment termination, including financial settlements, continuing obligations, and mutual releases. It serves as a full and final settlement of all claims arising from the employment relationship while ensuring compliance with Swiss employment law requirements. The agreement typically includes detailed provisions on compensation, benefits, confidentiality, non-competition, and reference letters (Arbeitszeugnis), tailored to meet both parties' needs while maintaining legal compliance.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship, including start date, position, and reason for termination
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date of employment termination and last working day
5. Financial Settlement: Details of all payments including salary, bonus, commission, and special compensation
6. Tax Treatment: Tax implications and responsibilities for all payments
7. Social Security and Insurance: Provisions regarding social security contributions and insurance coverage
8. Company Property: Requirements for return of company property and documentation
9. Confidentiality Obligations: Ongoing confidentiality requirements post-employment
10. Mutual Release: Waiver of claims by both parties, subject to Swiss law restrictions
11. Reference and Communications: Agreement on employment references and internal/external communications
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
13. Entire Agreement: Integration clause confirming this agreement supersedes prior agreements regarding termination
1. Garden Leave: Applicable if employee is placed on garden leave during notice period
2. Post-Contractual Non-Competition: Used when implementing or confirming post-employment competition restrictions
3. Ongoing Projects: Required when employee needs to complete or hand over specific projects
4. Stock Options/Equity: Needed if employee has company shares or stock options
5. International Elements: Required for cross-border employment situations
6. Outplacement Support: When outplacement services are part of the settlement
7. Intellectual Property: Detailed IP provisions if employee was involved in creative/innovative work
8. Data Protection: Extended data protection provisions for sensitive positions
1. Schedule 1 - Payment Calculation: Detailed breakdown of all financial settlements and payments
2. Schedule 2 - Company Property Inventory: List of all company property to be returned
3. Schedule 3 - Ongoing Projects Status: Details of projects requiring handover or completion
4. Schedule 4 - Benefits Summary: Summary of benefits and their treatment post-termination
5. Schedule 5 - Reference Letter: Agreed form of employment reference (Arbeitszeugnis)
6. Appendix A - Resignation Letter: Form of resignation letter if applicable
7. Appendix B - Communication Templates: Agreed announcements for internal/external use
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