The Termination Letter Due To Poor Performance During Probation is a crucial document used by Swiss employers when necessary to end employment relationships during the probationary period (maximum 3 months under Swiss law) due to unsatisfactory performance. This document must comply with the Swiss Code of Obligations, particularly regarding notice periods (minimum 7 days during probation) and formal requirements for termination notices. The letter serves as official documentation of the termination decision, includes relevant dates, performance concerns, and final administrative details. It's essential to maintain professionalism and objectivity while ensuring all legal requirements are met to minimize potential disputes. The document is particularly important as it may be scrutinized in case of legal challenges and serves as a reference for both parties regarding the terms of separation.
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1. Letterhead and Date: Company letterhead with full contact details and current date
2. Employee Details: Full name and address of the employee
3. Subject Line: Clear indication that this is a termination notice during probation period
4. Termination Statement: Clear and unambiguous statement of employment termination with specific end date
5. Legal Basis: Reference to probationary period and relevant contract clauses
6. Notice Period: Specification of the notice period (typically 7 days during probation unless otherwise agreed)
7. Return of Company Property: Instructions regarding the return of any company assets
8. Final Payment Details: Information about final salary and any outstanding payments
9. Signature Block: Space for authorized signatory with full name and title
1. Performance Issues Summary: Brief, factual summary of performance issues - include if there's a risk of legal challenge
2. Previous Warnings Reference: Reference to any formal warnings or performance discussions - include if such warnings were given
3. Handover Instructions: Specific instructions for handover of work - include if employee has critical responsibilities
4. Non-Compete Reminder: Reminder of any post-employment restrictions - include if applicable in employment contract
5. Reference Offer: Statement about providing future references - include if company policy allows
1. Performance Review Documentation: Copies of performance evaluations or feedback sessions records
2. Written Warnings: Copies of any formal warnings issued during probation
3. Handover Checklist: List of items, tasks, and responsibilities to be handed over
4. Company Property Checklist: List of company items to be returned
5. Final Settlement Calculation: Detailed breakdown of final payment including any pro-rated salary and benefits
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