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Notice Of Layoff Template for Switzerland

A Notice of Layoff under Swiss law is a formal written document that terminates an employment relationship in accordance with the Swiss Code of Obligations. This document must comply with specific Swiss legal requirements regarding notice periods, timing restrictions, and formal requirements. It includes essential information such as the termination date, notice period, and final settlement details, while ensuring compliance with Swiss employment protection provisions, including those related to wrongful termination and prohibited termination periods. The notice must be clear, unambiguous, and delivered in a manner that respects both legal requirements and the employee's dignity.

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What is a Notice Of Layoff?

The Notice of Layoff is a crucial document in Swiss employment law used to formally terminate an employment relationship. It must be drafted in accordance with the Swiss Code of Obligations and related employment legislation, which provide specific requirements for notice periods, prohibited termination times, and procedural requirements. This document is typically used when an employer needs to terminate employment for legitimate business reasons such as restructuring, economic downturns, or organizational changes. The Notice of Layoff must include specific information about the termination date, notice period, and final entitlements, while ensuring compliance with Swiss legal protections against wrongful dismissal. In cases of mass layoffs, additional requirements apply, including consultation with employee representatives and notification to the cantonal employment office. The document serves as official documentation of the employment termination and outlines both parties' rights and obligations during the notice period.

What sections should be included in a Notice Of Layoff?

1. Employee and Employer Information: Full names and addresses of both parties, employee position and department

2. Clear Statement of Termination: Unambiguous declaration of employment termination with reference to the employment contract

3. Termination Date and Notice Period: Specific last day of employment and notice period calculation according to Swiss law

4. Reason for Termination: Brief, factual explanation of the layoff reason (if appropriate to provide)

5. Outstanding Entitlements: Information about final salary, unused vacation days, and other contractual benefits

6. Company Property Return: List of company items to be returned (equipment, access cards, documents)

7. Final Working Arrangements: Information about the employee's duties during the notice period

8. Signature Block: Date, place, and space for signatures of authorized company representative(s)

What sections are optional to include in a Notice Of Layoff?

1. Garden Leave Provisions: Include when the employee will be placed on garden leave during the notice period

2. Mass Dismissal Information: Required when the layoff is part of a collective redundancy process

3. Social Plan Reference: Include for companies with 250+ employees when required by Swiss law

4. Non-Competition Reminder: Include when the employee is bound by post-employment restrictions

5. Reference Letter Offer: Option to request a detailed work reference letter

6. Outplacement Support: Include when the company offers career transition assistance

7. Insurance Information: Include details about continuing insurance coverage post-employment

What schedules should be included in a Notice Of Layoff?

1. Calculation of Final Payment: Detailed breakdown of final salary, benefits, and any severance payment

2. Company Property Checklist: Itemized list of company assets to be returned

3. Employee Benefits Summary: Overview of benefit termination dates and conversion options

4. Social Insurance Information Sheet: Information about unemployment insurance and pension fund options

5. Handover Document Template: Template for documenting handover of responsibilities

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

Cost

Free to use

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