The Termination Letter During Probation Period is a crucial document used by employers in Switzerland when deciding to end an employment relationship during the initial probationary period, which typically lasts one month but can be extended up to three months by written agreement. This document must comply with Swiss employment law, particularly the Swiss Code of Obligations (CO), which requires a minimum notice period of seven days during probation. The letter serves as official documentation of the employment termination, including the termination date, notice period calculation, and final payment arrangements. It's essential for maintaining clear records and ensuring legal compliance in the Swiss jurisdiction, where employment documentation requirements are strictly regulated.
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1. Header with Date and Address Block: Formal business letter header including current date and full contact details of both employer and employee
2. Subject Line: Clear indication that this is a termination notice during probation period
3. Employment Details Reference: Reference to the employment contract and start date of employment
4. Termination Statement: Clear statement of termination including the last working day, calculated according to the 7-day notice period under Swiss law
5. Legal Basis: Reference to the probation period clause in the employment contract and Article 335b of the Swiss Code of Obligations
6. Final Salary and Benefits: Information about the final salary payment and treatment of any benefits
7. Signature Block: Space for employer's signature, name, and title
1. Reason for Termination: While not legally required during probation, may be included if the employer wishes to provide feedback or documentation
2. Company Property Return: Include if the employee has company assets to return
3. Handover Instructions: Include if there are specific projects or responsibilities that need to be transferred
4. Non-Compete Reminder: Include if the employment contract contains post-employment restrictions that remain valid
5. Reference Letter Offer: Optional mention of the provision of a work certificate as per Art. 330a CO
1. Employment Contract Copy: Reference copy of the original employment contract showing probation period terms
2. Final Salary Calculation: Detailed breakdown of final payment including any pro-rated salary, vacation pay, or other entitlements
3. Company Property Checklist: List of company items to be returned, if applicable
4. Handover Document Template: Standard form for documenting status of ongoing work, if applicable
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