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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement, including the employee's current position and the company's desire to retain their services
3. Definitions: Key terms used throughout the agreement, including 'Retention Period', 'Retention Bonus', 'Trigger Date', etc.
4. Retention Period: Specification of the time period during which the employee must remain employed to receive the bonus
5. Retention Bonus Amount: Details of the bonus amount and any applicable calculations or adjustments
6. Payment Terms: Timing and method of bonus payment, including any installment arrangements
7. Conditions for Payment: Requirements that must be met for the bonus to be paid, including performance standards if applicable
8. Termination Provisions: Consequences of employment termination before the end of the retention period
9. Tax and Social Security: Clarification of tax treatment and social security implications of the bonus payment
10. Confidentiality: Requirements regarding maintaining confidentiality of the agreement terms
11. Governing Law: Specification of Swiss law as governing law and jurisdiction for disputes
12. Entire Agreement: Standard clause confirming this document represents the complete agreement regarding the retention bonus
1. Clawback Provisions: Terms for recovering the bonus if certain conditions are breached, used when the company wants additional security
2. Performance Criteria: Specific performance targets that must be met in addition to retention, used when the bonus is partially performance-based
3. Non-Competition: Restrictions on working for competitors after receiving the bonus, used when protecting company interests is crucial
4. Dispute Resolution: Specific procedures for handling disputes, used when parties want to specify mediation or arbitration processes
5. Currency Protection: Provisions for handling currency fluctuations, used when employee is based in or paid in non-Swiss currency
6. Pro-Rata Calculations: Methods for calculating partial bonus payments, used when allowing for partial vesting of the bonus
1. Schedule 1 - Bonus Calculation: Detailed formula or methodology for calculating the retention bonus amount
2. Schedule 2 - Payment Schedule: If paid in installments, detailed timeline of payment dates and amounts
3. Schedule 3 - Performance Metrics: If applicable, detailed description of any performance criteria affecting the bonus
4. Appendix A - Tax Treatment Summary: Summary of tax implications and treatment of the bonus payment
5. Appendix B - Defined Terms: Extended definitions of technical terms used in the agreement
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