The Dismissal Letter For Poor Performance is a crucial document used in Swiss employment relationships when terminating an employee's contract due to inadequate job performance. It is typically issued after documented attempts to improve performance through feedback, warnings, and performance improvement plans have not yielded satisfactory results. The document must comply with Swiss employment law, particularly the Swiss Code of Obligations, which requires clear documentation of reasons, appropriate notice periods, and fair treatment of the employee. This letter serves both as a legal record of the termination and as documentation of the company's fair and reasonable approach to addressing performance issues, which is essential for defending against potential unfair dismissal claims under Swiss law.
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1. Date and Address Block: Full contact details of both employer and employee, including the date of the letter
2. Subject Line: Clear indication that this is a termination notice (e.g., 'Notice of Termination of Employment')
3. Reference to Employment Contract: Mention of the original employment contract date and position
4. Performance Issues Overview: Brief summary of the performance issues that led to this decision
5. Previous Warnings and Improvement Attempts: Documentation of prior warnings, performance improvement plans, and opportunities given to improve
6. Termination Decision: Clear statement of the decision to terminate employment
7. Notice Period: Specification of the notice period and the final working day
8. Return of Company Property: List of company items to be returned before the last day
9. Final Payment Information: Information about final salary, unused vacation days, and other outstanding payments
10. Reference Letter: Confirmation that a work certificate will be provided as per Swiss law
11. Signature Block: Space for authorized representative's signature and company stamp if applicable
1. Garden Leave: To be included if the employee is not required to work during the notice period
2. Confidentiality Reminder: Include when employee had access to sensitive information
3. Handover Instructions: Include when there are specific projects or responsibilities that need to be transferred
4. Non-Compete Reminder: Include if there is an existing non-compete clause in the employment contract
5. Settlement Offer: Include if offering additional compensation or benefits beyond legal requirements
6. Legal Rights Statement: Include when there's a need to explicitly state the employee's legal rights
7. Appeal Process: Include if company policy allows for formal appeals of termination decisions
1. Performance Review Documentation: Copies of relevant performance reviews and evaluations
2. Warning Letters: Copies of previous formal warnings issued
3. Performance Improvement Plan: Documentation of any PIPs and their outcomes
4. Meeting Minutes: Records of performance discussion meetings
5. Handover Checklist: List of tasks, projects, and responsibilities to be transferred
6. Company Property Checklist: Detailed list of company items to be returned
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Hospitality
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Transportation
Telecommunications
Energy
Insurance
Real Estate
Media and Entertainment
Pharmaceutical
Relevant Teams
Human Resources
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Compliance
Senior Management
Operations
Administration
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Relevant Roles
HR Manager
HR Director
Legal Counsel
Employment Lawyer
Department Manager
Line Manager
Team Leader
HR Business Partner
Chief Human Resources Officer
Operations Manager
General Manager
Managing Director
Head of Department
HR Administrator
Compliance Officer
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