Transfer Letter Template for Switzerland

A Transfer Letter under Swiss law is a formal document that facilitates and documents the transfer of an employee from one entity to another, whether within the same corporate group or to a different organization. The document is governed by Swiss employment law, particularly the Swiss Code of Obligations, and addresses key aspects of the transfer including continuity of employment, modified terms, and applicable conditions. It serves as a legally binding record of the transfer agreement between all parties involved and ensures compliance with Swiss employment regulations while protecting the interests of both the employee and the employers.

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What is a Transfer Letter?

The Transfer Letter is a crucial document in Swiss employment law used to formalize and document the transfer of employment from one entity to another. It is commonly used in situations involving internal moves within corporate groups, company restructurings, or transfers to entirely new organizations. The document needs to comply with Swiss employment law requirements, particularly those set out in the Swiss Code of Obligations, and typically includes essential information such as the effective date of transfer, any modifications to employment terms, confirmation of service continuity, and relevant benefits arrangements. The Transfer Letter serves as a key reference point for all parties involved and helps ensure a smooth transition while maintaining legal compliance and protecting the rights and obligations of all parties.

What sections should be included in a Transfer Letter?

1. Header Information: Date, recipient details, and subject line clearly indicating this is a transfer letter

2. Opening Reference: Reference to current employment relationship and any relevant previous correspondence

3. Transfer Details: Clear statement of the transfer, including the new role, entity, and effective date

4. Key Employment Terms: Confirmation of continuing or modified employment terms (salary, position, location)

5. Continuity of Service: Confirmation that previous service years will be recognized

6. Closing: Signature blocks for all parties involved (current employer, new employer, employee)

What sections are optional to include in a Transfer Letter?

1. Special Conditions: Include when there are specific conditions attached to the transfer, such as probationary periods or special bonuses

2. International Elements: Include when the transfer involves cross-border elements requiring additional terms

3. Integration Arrangements: Include when specific onboarding or transition arrangements need to be documented

4. Benefits Adjustments: Include when there are changes to benefit schemes that need to be specifically addressed

5. Restrictive Covenants: Include when new or modified non-compete or confidentiality provisions apply

What schedules should be included in a Transfer Letter?

1. Summary of Employment Terms: Detailed outline of all continuing and modified employment terms

2. Benefits Summary: Overview of applicable benefit schemes in the new entity

3. Organizational Chart: Structure showing new reporting lines and position in organization

4. Required Forms: Any administrative forms required for the transfer (social security, pension, etc.)

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Service Letter

Cost

Free to use

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