The Summary Dismissal Letter is a crucial document used in Swiss employment relationships when immediate termination is necessary due to serious misconduct or circumstances that make the continuation of employment untenable. This document must be drafted in accordance with Swiss law, particularly Article 337 of the Swiss Code of Obligations, which sets strict requirements for justified summary dismissal. The letter should be issued as soon as the employer becomes aware of the grounds for termination, as any delay might be interpreted as waiving the right to immediate termination. It must clearly state the reasons for dismissal, as these reasons cannot be amended later and will be crucial if the termination is challenged in court. The document includes essential information about final payments, company property return, and continuing obligations, serving both as a formal notification and a legal record of the termination decision.
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1. Letter Header: Company letterhead, date, and employee's full contact details
2. Subject Line: Clear indication of 'Summary Dismissal / Immediate Termination of Employment'
3. Statement of Immediate Termination: Clear declaration of employment termination with immediate effect
4. Legal Basis: Reference to Article 337 of the Swiss Code of Obligations and the employment contract
5. Grounds for Dismissal: Detailed description of the serious cause(s) justifying immediate termination
6. Final Payment Details: Information about final salary, outstanding vacation days, and other entitlements
7. Company Property: Instructions for returning company property and revoking access rights
8. Work Certificate: Confirmation that a work certificate will be provided
9. Signature Block: Company representative's name, title, and signature space
1. Ongoing Projects Handover: Include when employee needs to provide information about ongoing work
2. Non-Compete Reminder: Include if employment contract contains post-termination restrictions
3. Legal Representation Notice: Include if employee has already engaged legal representation
4. Settlement Offer: Include if company wishes to propose immediate settlement to avoid litigation
5. Confidentiality Obligations: Include specific reminder of continuing confidentiality obligations if sensitive information was handled
1. Incident Report: Detailed documentation of the events leading to summary dismissal
2. Final Payment Calculation: Detailed breakdown of final payment including all entitlements and deductions
3. Company Property Checklist: List of all company items to be returned
4. Previous Warnings: Copies of any relevant previous warnings or disciplinary actions
5. Handover Document: Template for documenting status of ongoing projects and key information
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Relevant Teams
Human Resources
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Compliance
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HR Business Partner
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Employee Relations Manager
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Chief Executive Officer
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Department Head
General Counsel
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