The Termination Letter For Poor Performance is a crucial document used in Swiss employment contexts when an employer needs to formally end an employment relationship due to documented performance issues. It must be drafted in accordance with Swiss employment law, particularly the Swiss Code of Obligations, which requires clear documentation of performance issues, previous attempts at improvement, and fair treatment of the employee. The letter should only be issued after proper performance management procedures have been followed, including formal warnings and opportunities for improvement. It must include specific notice periods as required by Swiss law, details of final payments, and information about the employee's right to a reference letter. This document serves both as a formal notification of termination and as potential evidence in case of legal challenges.
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1. Date and Address Block: Formal business letter heading including full date and employee's complete contact details
2. Subject Line: Clear indication that this is a termination of employment notice
3. Opening Statement: Direct statement of termination decision with reference to the employment contract
4. Performance Issues: Summary of specific performance issues and previous warnings or improvement plans
5. Legal Basis: Reference to relevant contract terms and Swiss legal requirements for termination
6. Notice Period: Clear statement of the notice period and last working day
7. Final Payments: Information about salary, unused vacation days, and other outstanding payments
8. Company Property: Instructions regarding return of company property and handling of work materials
9. Reference Letter: Confirmation that a work certificate will be provided as per Swiss law
10. Closing: Formal closing with signature block for authorized company representative
1. Garden Leave: Include when employee is to be placed on garden leave during notice period
2. Handover Requirements: Include when specific project or role handover is required
3. Non-Compete Reminder: Include when employment contract contains post-employment restrictions
4. Benefits Continuation: Include when there are specific arrangements regarding benefits during notice period
5. Outplacement Support: Include if company is offering career transition assistance
6. Legal Rights Statement: Include when additional clarification of employee's legal rights is necessary
1. Performance Review History: Chronological list of performance reviews and ratings
2. Warning Letters: Copies of previous formal warnings issued
3. Performance Improvement Plan: Documentation of improvement plans and outcomes
4. Final Settlement Calculation: Detailed breakdown of final payment including all entitlements
5. Handover Checklist: List of items, tasks, and responsibilities to be handed over
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