Work Release Form for Switzerland

Work Release Form Template for Switzerland

A Work Release Form under Swiss law is a formal legal document that facilitates the mutual termination of an employment relationship while establishing clear terms for the release of potential claims between the parties. The document, governed by Swiss federal employment law and cantonal regulations, includes provisions for final settlements, ongoing obligations, and specific acknowledgments required under Swiss legislation. It serves as a comprehensive agreement that protects both employer and employee interests while ensuring compliance with Swiss employment regulations, particularly the Code of Obligations (OR) and relevant data protection laws.

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What is a Work Release Form?

The Work Release Form is a critical document used in Swiss employment relationships when terminating employment through mutual agreement or as part of a separation package. It serves to document the terms of separation, including financial settlements, ongoing obligations, and the release of potential claims, while ensuring compliance with Swiss federal and cantonal employment laws. The document is particularly important in situations involving senior executives, sensitive departures, or when significant settlement amounts are involved. It must carefully navigate Swiss legal requirements, especially regarding non-waivable rights under the Code of Obligations and mandatory cooling-off periods. The form typically includes provisions for final payments, return of company property, confidentiality obligations, and other post-employment requirements, while respecting Swiss data protection regulations and employee rights.

What sections should be included in a Work Release Form?

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Brief description of the employment relationship, including start date, position, and context for the release

3. Definitions: Key terms used in the document, including 'Released Claims', 'Effective Date', and other relevant terminology

4. Termination Acknowledgment: Confirmation of employment termination date and final working day

5. Settlement Amount: Details of any financial settlement or final payments being made

6. Release of Claims: Comprehensive description of claims being released by the employee

7. Exclusions from Release: Specific claims that cannot be waived under Swiss law

8. Return of Company Property: Confirmation of return of all company assets and property

9. Confidentiality Obligations: Ongoing confidentiality requirements post-employment

10. Governing Law: Confirmation of Swiss law governance and jurisdiction

11. Signatures: Execution blocks for both parties with date fields

What sections are optional to include in a Work Release Form?

1. Non-Disparagement: Mutual agreement not to make negative statements, optional but common in senior employee releases

2. Reference Provision: Terms regarding future employment references, included when agreed between parties

3. Ongoing Cooperation: Terms for post-employment cooperation, relevant for senior positions or complex handovers

4. Benefits Continuation: Details of any continued benefits post-employment, if applicable

5. Competition Restrictions: Post-employment competition restrictions, if previously agreed in employment contract

6. Tax Implications: Statement regarding tax treatment of settlement amounts, included for significant payments

7. Insurance Claims: Specific provisions regarding ongoing insurance coverage or claims, relevant for workplace accident cases

What schedules should be included in a Work Release Form?

1. Schedule 1 - Financial Settlement Breakdown: Detailed breakdown of all financial elements of the settlement

2. Schedule 2 - Company Property Checklist: List of company property to be returned

3. Schedule 3 - Ongoing Obligations Summary: Summary of continuing obligations post-employment

4. Appendix A - Certificate of Employment: Standard employment certificate as required by Swiss law

5. Appendix B - Benefits Summary: Detailed summary of any continuing benefits, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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What is a Work Release Form?

What sections should be included in a Work Release Form?

What sections are optional to include in a Work Release Form?

What schedules should be included in a Work Release Form?

Authors

Alex Denne

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